Outer Continental Shelf Air Regulations; Consistency Update for Virginia, 7790-7797 [2022-01629]

Download as PDF 7790 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules areas (i.e., the counties and partial counties to which this proposed action pertains) and remains adequate to meet all applicable NNSR requirements for the 2015 8-hour ozone NAAQS. EPA is therefore proposing to approve Kentucky’s certification that 401 KAR 51:052 meets the NNSR requirements for implementation of the 2015 8-hour ozone NAAQS. jspears on DSK121TN23PROD with PROPOSALS1 III. Proposed Action EPA is proposing to approve Kentucky’s SIP revision addressing the NNSR requirements for the 2015 8-hour ozone NAAQS for Kentucky’s 2015 8hour ozone Marginal nonattainment areas, submitted on October 15, 2020. EPA has preliminarily determined that Kentucky’s submission fulfills the 40 CFR 51.1314 requirement and meets the requirements of CAA section 172(c)(5) and 173 and the minimum SIP requirements of 40 CFR 51.165. IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. This proposed action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); VerDate Sep<11>2014 16:44 Feb 09, 2022 Jkt 256001 • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen oxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: February 3, 2022. Daniel Blackman, Regional Administrator, Region 4. [FR Doc. 2022–02720 Filed 2–9–22; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 55 [EPA–R03–OAR–2021–0767; FRL–9366–01– R3] Outer Continental Shelf Air Regulations; Consistency Update for Virginia Environmental Protection Agency (EPA). ACTION: Proposed rule; consistency update. AGENCY: The Environmental Protection Agency (EPA) is proposing to update 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 SUMMARY: PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 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 are proposed to be incorporated by reference into the Code of Federal Regulations and listed in the appendix to the OCS air regulations. DATES: Written comments must be received on or before March 14, 2022. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R03– OAR–2021–0767 at https:// www.regulations.gov, or via email to Opila.MaryCate@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Gwendolyn Supplee, Permits Branch (3AD10), Air & Radiation Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone number is (215) 814–2763. Ms. Supplee can also be reached via electronic mail at Supplee.Gwendolyn@ epa.gov. SUPPLEMENTARY INFORMATION: I. Background On September 4, 1992, EPA promulgated 40 CFR part 55,1 which 1 The reader may refer to the Notice of Proposed Rulemaking, December 5, 1991 (56 FR 63774), and the preamble to the final rule promulgated E:\FR\FM\10FEP1.SGM 10FEP1 jspears on DSK121TN23PROD with PROPOSALS1 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules established requirements to control air pollution from OCS sources in order to attain and maintain federal and state ambient air quality standards and to comply with the provisions of part C of title I of the CAA. The regulations at 40 CFR part 55 apply to all OCS sources except those located in the Gulf of Mexico west of 87.5 degrees longitude. See 40 CFR 55.3(a). Section 328 of the CAA requires that for such sources located within 25 miles of a state’s seaward boundary, the requirements shall be the same as would be applicable if the sources were located in the COA. Because the OCS requirements are based on onshore requirements, and onshore requirements may change, section 328(a)(1) requires that EPA update the OCS requirements as necessary to maintain consistency with onshore requirements. Pursuant to 40 CFR 55.12, consistency reviews will occur: (1) At least annually where an OCS activity is occurring within 25 miles of a State seaward boundary; (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 proposed action is being done as part of an annual review because of OCS activity occurring within 25 miles of Virginia’s seaward boundary—in particular the Dominion Energy Virginia 12-megawatt offshore wind technology testing facility located approximately 24 nautical miles east of the City of Virginia Beach, Virginia. Public comments received in writing within 30 days of publication of this document will be considered by EPA before publishing a final rule. 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 September 4, 1992 (57 FR 40792) for further background and information on the OCS regulations. VerDate Sep<11>2014 16:44 Feb 09, 2022 Jkt 256001 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. II. EPA Analysis 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, and requirements that regulate toxics which are not related to the attainment and maintenance of federal and state ambient air quality standards.2 III. Proposed Action EPA last did a consistency update for Virginia on October 21, 2019 (84 FR 56121). In that action, EPA incorporated by reference into 40 CFR part 55 all Virginia regulations that EPA believed were relevant to the OCS requirements. For this action, EPA has reviewed changes that Virginia has made to its underlying regulatory programs. This action will have no effect on any provisions that were not subject to changes by Virginia and were also previously incorporated by reference into 40 CFR part 55 through EPA’s October 21, 2019 rulemaking. The rules that EPA proposes to incorporate are applicable provisions of the Virginia Administrative Code (VAC). The intended effect of proposing approval of the OCS requirements for the Virginia Department of Environmental Quality (VADEQ) is to regulate emissions from OCS sources in accordance with the requirements for onshore sources. The Virginia regulatory changes EPA proposes to incorporate are: (1) Chapter 20, General Provisions— 9VAC5–20–21, Documents incorporated by reference; 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). PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 7791 (2) Chapter 50, New and Modified Stationary Sources—9VAC5–50–400. General; (3) Chapter 60, Hazardous Air Pollutant Sources—9VAC5–60–60. General; (4) Chapter 60, Hazardous Air Pollutant Sources—9VAC5–60–90. General. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. IV. Incorporation by Reference In this document, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference the applicable provisions of the Virginia Administrative Code 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). 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 that have been revised since the last consistency review to make them consistent with requirements onshore, without the exercise of any policy direction by EPA. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a E:\FR\FM\10FEP1.SGM 10FEP1 jspears on DSK121TN23PROD with PROPOSALS1 7792 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 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). This proposed rulemaking incorporating by reference sections of the Virginia Administrative Code, does not apply on any Indian reservation land as defined in 18 U.S.C. 1151 or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, this rule incorporating by reference sections of the Virginia Administrative Code does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action does not impose any new information collection burden under the PRA. OMB has previously approved the information collection activities contained in the existing regulations at 40 CFR part 55 and, by extension, this update to part 55, and has assigned OMB control number 2060–0249. This action does not impose a new information burden under PRA because this action only updates the state rules that are incorporated by reference into 40 CFR part 55, appendix A.3 EPA is proposing to incorporate the rules potentially applicable to sources for which the Commonwealth of Virginia will be the COA that have been revised since the last consistency 3 OMB’s approval of the ICR can be viewed at www.reginfo.gov. VerDate Sep<11>2014 16:44 Feb 09, 2022 Jkt 256001 review. The rules that EPA proposes to incorporate are applicable provisions of the Virginia Administrative Code. 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: January 20, 2022. Diana Esher, Acting Regional Administrator, Region III. Part 55 of Chapter I, title 40 of the Code of Federal Regulations is proposed to be 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, September 8, 2021. * * * * * ■ 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) State Requirements. (1) The following Commonwealth of Virginia requirements are applicable to OCS Sources, September 8, 2021, 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. PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 9VAC5–10–30. Abbreviations. Chapter 20—General Provisions (Effective 02/19/2018 Except Where Noted) Part I—Administrative 9VAC5–20–10. Applicability. 9VAC5–20–21. Documents incorporated by reference. (Effective 11/11/2020) 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. E:\FR\FM\10FEP1.SGM 10FEP1 jspears on DSK121TN23PROD with PROPOSALS1 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 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. VerDate Sep<11>2014 16:44 Feb 09, 2022 Jkt 256001 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. 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. PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 7793 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. E:\FR\FM\10FEP1.SGM 10FEP1 jspears on DSK121TN23PROD with PROPOSALS1 7794 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 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. VerDate Sep<11>2014 16:44 Feb 09, 2022 Jkt 256001 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. 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. PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 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. E:\FR\FM\10FEP1.SGM 10FEP1 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 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. 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) jspears on DSK121TN23PROD with PROPOSALS1 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—Environmental Protection Agency Standards of Performance for New Stationary Sources (Rule 5–5) (Effective 02/20/2019 Except Where Noted) 9VAC5–50–400. General. (Effective 11/11/ 2020) 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. 16:44 Feb 09, 2022 Jkt 256001 Chapter 80—Permits for Stationary Sources Part II—Permit Procedures Part I—Special Provisions (Effective 08/01/ 2002) 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. 9VAC5–60–10. Applicability. 9VAC5–60–20. Compliance. 9VAC5–60–30. Emission testing. 9VAC5–60–40. Monitoring. 9VAC5–60–50. Notification, records and reporting. Article 1—Environmental Protection Agency National Emission Standards for Hazardous Air Pollutants (Rule 6–1) (Effective 02/20/ 2019 Except Where Noted) Article 1—Visible Emissions and Fugitive Dust/Emissions (Effective 02/01/2003) VerDate Sep<11>2014 Chapter 60—Hazardous Air Pollutant Sources Part II—Emission Standards Part II—Emission Standards 7795 9VAC5–60–60. General. (Effective 11/11/ 2020) 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—Environmental Protection Agency National Emission Standards for Hazardous Air Pollutants for Source Categories (Rule 6– 2) (Effective 03/02/2011 Except Where Noted) 9VAC5–60–90. General. (Effective 11/11/ 2020) 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. 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. PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\10FEP1.SGM 10FEP1 jspears on DSK121TN23PROD with PROPOSALS1 7796 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 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. VerDate Sep<11>2014 16:44 Feb 09, 2022 Jkt 256001 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. 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. PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 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. E:\FR\FM\10FEP1.SGM 10FEP1 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 9VAC5–85–30. Definitions. Part III—Special Statewide Requirements for Forestry, Agricultural and Highway Programs 9VAC5–130–50. Forest management, agricultural practices and highway construction and maintenance programs. 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 jspears on DSK121TN23PROD with PROPOSALS1 9VAC5–130–30. Open burning prohibitions. 9VAC5–130–40. Permissible open burning. VerDate Sep<11>2014 16:44 Feb 09, 2022 Jkt 256001 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. PO 00000 Frm 00040 Fmt 4702 Sfmt 9990 7797 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. [FR Doc. 2022–01629 Filed 2–9–22; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\10FEP1.SGM 10FEP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Proposed Rules]
[Pages 7790-7797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01629]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R03-OAR-2021-0767; FRL-9366-01-R3]


Outer Continental Shelf Air Regulations; Consistency Update for 
Virginia

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; consistency update.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
update 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 
are proposed to be incorporated by reference into the Code of Federal 
Regulations and listed in the appendix to the OCS air regulations.

DATES: Written comments must be received on or before March 14, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2021-0767 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Gwendolyn Supplee, Permits Branch 
(3AD10), Air & Radiation Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
The telephone number is (215) 814-2763. Ms. Supplee can also be reached 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On September 4, 1992, EPA promulgated 40 CFR part 55,\1\ which

[[Page 7791]]

established requirements to control air pollution from OCS sources in 
order to attain and maintain federal and state ambient air quality 
standards and to comply with the provisions of part C of title I of the 
CAA. The regulations at 40 CFR part 55 apply to all OCS sources except 
those located in the Gulf of Mexico west of 87.5 degrees longitude. See 
40 CFR 55.3(a). Section 328 of the CAA requires that for such sources 
located within 25 miles of a state's seaward boundary, the requirements 
shall be the same as would be applicable if the sources were located in 
the COA. Because the OCS requirements are based on onshore 
requirements, and onshore requirements may change, section 328(a)(1) 
requires that EPA update the OCS requirements as necessary to maintain 
consistency with onshore requirements.
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    \1\ The reader may refer to the Notice of Proposed Rulemaking, 
December 5, 1991 (56 FR 63774), and the preamble to the final rule 
promulgated September 4, 1992 (57 FR 40792) for further background 
and information on the OCS regulations.
---------------------------------------------------------------------------

    Pursuant to 40 CFR 55.12, consistency reviews will occur: (1) At 
least annually where an OCS activity is occurring within 25 miles of a 
State seaward boundary; (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 proposed action is being done as part of an annual review 
because of OCS activity occurring within 25 miles of Virginia's seaward 
boundary--in particular the Dominion Energy Virginia 12-megawatt 
offshore wind technology testing facility located approximately 24 
nautical miles east of the City of Virginia Beach, Virginia. Public 
comments received in writing within 30 days of publication of this 
document will be considered by EPA before publishing a final rule.
    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.

II. EPA Analysis

    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, and requirements that regulate 
toxics which are not related to the attainment and maintenance of 
federal and state ambient air quality standards.\2\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

III. Proposed Action

    EPA last did a consistency update for Virginia on October 21, 2019 
(84 FR 56121). In that action, EPA incorporated by reference into 40 
CFR part 55 all Virginia regulations that EPA believed were relevant to 
the OCS requirements. For this action, EPA has reviewed changes that 
Virginia has made to its underlying regulatory programs. This action 
will have no effect on any provisions that were not subject to changes 
by Virginia and were also previously incorporated by reference into 40 
CFR part 55 through EPA's October 21, 2019 rulemaking. The rules that 
EPA proposes to incorporate are applicable provisions of the Virginia 
Administrative Code (VAC). The intended effect of proposing approval of 
the OCS requirements for the Virginia Department of Environmental 
Quality (VADEQ) is to regulate emissions from OCS sources in accordance 
with the requirements for onshore sources. The Virginia regulatory 
changes EPA proposes to incorporate are:
    (1) Chapter 20, General Provisions--9VAC5-20-21, Documents 
incorporated by reference;
    (2) Chapter 50, New and Modified Stationary Sources--9VAC5-50-400. 
General;
    (3) Chapter 60, Hazardous Air Pollutant Sources--9VAC5-60-60. 
General;
    (4) Chapter 60, Hazardous Air Pollutant Sources--9VAC5-60-90. 
General.
    EPA is soliciting public comments on the issues discussed in this 
document. These comments will be considered before taking final action.

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the applicable provisions of the Virginia Administrative Code 
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).

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 that have been 
revised since the last consistency review to make them consistent with 
requirements onshore, without the exercise of any policy direction by 
EPA. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et 
seq.);
     Is certified as not having a significant economic impact 
on a

[[Page 7792]]

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).
    This proposed rulemaking incorporating by reference sections of the 
Virginia Administrative Code, does not apply on any Indian reservation 
land as defined in 18 U.S.C. 1151 or in any other area where EPA or an 
Indian tribe has demonstrated that a tribe has jurisdiction. In those 
areas of Indian country, this rule incorporating by reference sections 
of the Virginia Administrative Code does not have tribal implications 
and will not impose substantial direct costs on tribal governments or 
preempt tribal law as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000).
    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulations at 40 CFR part 55 and, 
by extension, this update to part 55, and has assigned OMB control 
number 2060-0249. This action does not impose a new information burden 
under PRA because this action only updates the state rules that are 
incorporated by reference into 40 CFR part 55, appendix A.\3\
---------------------------------------------------------------------------

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

    EPA is proposing to incorporate the rules potentially applicable to 
sources for which the Commonwealth of Virginia will be the COA that 
have been revised since the last consistency review. The rules that EPA 
proposes to incorporate are applicable provisions of the Virginia 
Administrative Code.

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: January 20, 2022.
Diana Esher,
Acting Regional Administrator, Region III.
    Part 55 of Chapter I, title 40 of the Code of Federal Regulations 
is proposed to be 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, September 8, 2021.
* * * * *
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) State Requirements.
    (1) The following Commonwealth of Virginia requirements are 
applicable to OCS Sources, September 8, 2021, 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 Except Where 
Noted)

Part I--Administrative

9VAC5-20-10. Applicability.
9VAC5-20-21. Documents incorporated by reference. (Effective 11/11/
2020)
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.

[[Page 7793]]

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.
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.

[[Page 7794]]

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.
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.

[[Page 7795]]

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--Environmental Protection Agency Standards of Performance for 
New Stationary Sources (Rule 5-5) (Effective 02/20/2019 Except Where 
Noted)

9VAC5-50-400. General. (Effective 11/11/2020)
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--Environmental Protection Agency National Emission Standards 
for Hazardous Air Pollutants (Rule 6-1) (Effective 02/20/2019 Except 
Where Noted)

9VAC5-60-60. General. (Effective 11/11/2020)
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--Environmental Protection Agency National Emission Standards 
for Hazardous Air Pollutants for Source Categories (Rule 6-2) 
(Effective 03/02/2011 Except Where Noted)

9VAC5-60-90. General. (Effective 11/11/2020)
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.
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.

[[Page 7796]]

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.
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.

[[Page 7797]]

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.

[FR Doc. 2022-01629 Filed 2-9-22; 8:45 am]
BILLING CODE 6560-50-P

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