[Federal Register Volume 68, Number 124 (Friday, June 27, 2003)]
[Rules and Regulations]
[Pages 38191-38197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16233]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VA087-5057a; FRL-7519-2]


Approval and Promulgation of Air Quality Implementation Plans and 
Approval Under Section 112(l) of the Clean Air Act; Virginia; State 
Operating Permit Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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[[Page 38192]]

SUMMARY: EPA is taking direct final action to approve a revision to the 
Commonwealth of Virginia State Implementation Plan (SIP). The revision 
consists of Virginia's state operating permit program. EPA is approving 
this revision in accordance with the requirements of sections 110 and 
112 of Clean Air Act.

DATES: This rule is effective on August 26, 2003 without further 
notice, unless EPA receives adverse written comment by July 28, 2003. 
If EPA receives such comments, it will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Comments should be addressed to Mr. David Campbell, Permits 
and Technical Assessment Branch, Mailcode 3AP11, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. Electronic comments should be sent either to 
[email protected] or to http://www.regulations.gov. To submit 
comments, please follow the detailed instructions listed in Part VI of 
the Supplementary Information section. Copies of the documents relevant 
to this action are available for public inspection during normal 
business hours at the Air Protection Division, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103 and the Virginia Department of Environmental 
Quality, 629 East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: David Campbell, (215) 814-2196, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On April 13, 1998, the Commonwealth of Virginia submitted a formal 
revision to its State Implementation Plan (SIP). The SIP revision 
consists of a regulation to implement a state operating permit program 
that provides a procedural and legal basis for the issuance of 
federally enforceable operating permits. On October 1, 1999, Virginia 
also requested approval of its state operating permit program pursuant 
to section 112(l) of the Clean Air Act.
    Federally enforceable state operating permits (FESOPs) may be used 
to establish emission standards and other source-specific regulatory 
requirements for stationary sources of air pollution. FESOPs are 
frequently employed by permitting authorities to accomplish one or more 
of the following objectives: To designate a source as a synthetic minor 
source with regard to applicability of federal requirements and 
standards, such as new source review; to combine a source's 
requirements under multiple permits into one permit; to implement 
emissions trading requirements; to cap the emissions of a source 
contributing to a violation of any air quality standard; or, to 
establish a source-specific emission standard or other requirements 
necessary to implement the federal Clean Air Act or state air statutes 
and regulations.
    On February 23, 1993, EPA approved a revision to Virginia's SIP at 
40 CFR 52.2420(c)(94) (currently cited as 40 CFR 53.2465(c)(94) 
pertaining to the Commonwealth's state operating permit program, 
previously Virginia Regulations for the Control of Air Pollution Part 
VIII, Section 120-08-04 (currently cited as 9 VAC 5-80-40.) (See, 58 FR 
10982.) This state operating permit program allowed for the issuance of 
federally enforceable state operating permits or FESOPs. All sources of 
air pollution in Virginia with emissions above identified threshold 
levels were required to obtain a state operating permit. State 
operating permits under this program were considered federally 
enforceable if they were subject to the public participation provisions 
of the program.
    In its April 13, 1998 SIP revision request, Virginia is seeking to 
replace the state operating permit program approved by EPA at 40 CFR 
52.2465(c)(94) with a new permit program. In fact, Virginia has 
repealed 9 VAC 5-80-40. (However, state operating permits issued in 
accordance with this version of the permit program will remain 
federally enforceable, if applicable, until the permit expires or 
Virginia issues a superseding permit.) The new state operating permit 
program that is the subject of this action is fundamentally very 
similar to the previous permit program. The main distinction is that 
for most stationary sources of air pollution the new program is 
voluntary rather than compulsory.

II. Evaluation of State Operating Permit Program Under Section 110 of 
the Act

    On June 28, 1989, EPA amended the definition of ``federally 
enforceable'' to clarify that terms and conditions contained in state-
issued operating permits are federally enforceable for purposes of 
limiting a source's maximum potential emission rates or potential-to-
emit (PTE). This is true provided that the state's operating permit 
program is approved into the SIP under section 110 of the Clean Air Act 
as meeting certain conditions, and provided that the permit conforms to 
the requirements of the approved program. The conditions for EPA 
approval discussed in the June 28, 1989 notice establish five criteria 
for approving a state operating permit program. (See, 54 FR 27274-
27286.) The following describes each of the criteria for approval of a 
state operating permit program for the issuance of federally 
enforceable operating permits for purposes of limiting a source's PTE 
and how the Virginia's SIP submittal satisfies those criteria.
    Criterion 1. The state operating permit program (i.e., the 
regulations or other administrative framework describing how such 
permits are issued) must be submitted to and approved by EPA as a SIP 
revision. On April 13, 1998, the Commonwealth of Virginia submitted an 
administratively and technically complete SIP revision request for 
approval of its state operating permit program. The permit program, 9 
VAC 5-80-800 through 1040, provides the framework for permit issuance.
    Criterion 2. The SIP revision must impose a legal obligation that 
operating permit holders adhere to the terms and limitations of such 
permits (or subsequent revisions of the permit made in accordance with 
the approved operating permit program) and provide that permits which 
do not conform to the operating permit program requirements and the 
requirements of EPA's underlying regulations may be deemed not 
``federally enforceable'' by EPA. The permit program explicitly 
requires, at 9 VAC 5-80-850.G, that permits issued under the program 
ensure that the permittee shall adhere to all terms and conditions 
contained in its permit. The general provisions of the permit program 
at 9 VAC 5-80-820.F establish that permits are considered ``federally 
enforceable'' only if they meet the requirements of the permit program 
and of EPA's underlying regulations. The list of requirements includes 
those criteria discussed in this document. Furthermore, the permit 
program's definitions of ``enforceable as a practical matter'' and 
``federally enforceable'' require that permit terms must meet EPA's 
minimum criteria for federal enforceability, including public 
participation and practical enforceability requirements.
    Criterion 3. The state operating permit program must require that 
all emission limitations, controls, and other requirements imposed by 
such permits will be at least as stringent as any applicable 
limitations and requirements contained in the SIP, or enforceable under 
the SIP, and that the program

[[Page 38193]]

may not issue permits that waive, or make less stringent, any 
limitations or requirements contained in or issued pursuant to the SIP, 
or that are otherwise ``federally enforceable'' (e.g. standards 
established under sections 111 and 112 of the Clean Air Act). The 
permit program, at 9 VAC 5-80-820.F, requires that all ``federally 
enforceable'' permits shall contain emission limitations and other 
requirements that are at least as stringent as any applicable 
limitation in the SIP. The program also establishes that no permit 
shall contravene the requirements of any other permit (e.g. new source 
review permit) issued to a particular permittee.
    Criterion 4. The limitations, controls, and requirements of the 
state operating permits must be permanent, quantifiable, and otherwise 
enforceable as a practical matter. The permit program defines 
``enforceable as a practical matter'' to mean that a permit condition 
is permanent, quantifiable, and technically accurate and quantifiable. 
Also, emission limitations must provide averaging times that are at 
least monthly or shorter. Sufficient recordkeeping, reporting, and 
monitoring provisions must also be provided to ensure compliance. 
Furthermore, the regulation states that a permit condition must be 
``enforceable as a practical matter'' in order to be considered 
``federally enforceable.''
    Criterion 5. The permits are issued subject to public 
participation. This means that the state agrees, as part of its 
program, to provide EPA and the public with timely notice of the 
proposal and issuance of such permits, and to provide EPA, on a timely 
basis, with a copy of each proposed (or draft) and final permit 
intended to be federally enforceable. This process must also provide 
for an opportunity for public comment on the permit applications prior 
to the issuance of the final permit. The ``federally enforceable'' 
permits issued under the permit program are subject to public 
participation. The permit program's public participation provisions at 
9 VAC 5-80-1020 require that for a permit to be federally enforceable 
the draft permit must be subject to a 30-day public comment period that 
is adequately publicized. The permit program also provides the 
opportunity for a public hearing. The general provisions of the permit 
program at 9 VAC 5-80-820.F require Virginia to provide EPA with a copy 
of the draft permit and final permit on a timely basis.
    Permits that do not undergo the public participation provisions of 
9 VAC 5-80-1020 are not considered federally enforceable state 
operating permits. Such permits are only enforceable by the 
Commonwealth of Virginia unless action is taken to otherwise confer 
federal enforceability on an individual permit (e.g. approval of a 
state permit as part of a source-specific SIP revision.) As discussed 
earlier, Virginia's revised state operating permit program is 
voluntary. Likewise, the decision to issue an operating permit that is 
also federally enforceable is a discretionary authority of the 
Commonwealth of Virginia. Therefore, only a certain number of the 
permits issued pursuant to Virginia's operating permit program will be 
``federally enforceable'.
    In conclusion, Virginia's operating permit program clearly 
satisfies the criteria for approval of a state program for the issuance 
of federally enforceable operating permits for purposes of limiting a 
source's PTE and is, therefore, approved as a SIP revision. The 
criteria discussed above relates to operating permit programs that are 
to approved as part of the SIP under section 110 of the Clean Air Act. 
In general, FESOP permit programs approved under a SIP relate only to 
those pollutants regulated under section 110, that is criteria 
pollutants. Virginia is also seeking approval of its state operating 
permit program under section 112 of the Clean Air Act for the purpose 
of limiting the PTE of hazardous air pollutants. The following is a 
discussion of EPA's criteria for approval of the permit program under 
section 112.

III. Evaluation of State Operating Permit Program Under Section 112 of 
the Act

    As part of this action, EPA is approving, pursuant to section 
112(l) of the Clean Air Act, the Commonwealth of Virginia's October 1, 
1999 request for authority to regulate hazardous air pollutant (HAPs) 
through the issuance of a federally enforceable state operating permit. 
Approval pursuant to section 112(l) of the Act would grant the 
Commonwealth authority to issue federally enforceable permits which 
limit PTE of HAPs. The EPA has determined that the five approval 
criteria for approving FESOP programs into the SIP, as specified in the 
June 28, 1989 Federal Register notice referenced above, are also 
appropriate for evaluating and approving operating permit programs 
under section 112(l). The June 28, 1989 notice does not address HAPs 
because it was written prior to the 1990 amendments to section 112 of 
the Act. Since the Commonwealth's operating permits program meets the 
five program approval criteria for both criteria and hazardous air 
pollutants, it may be used to limit the potential to emit of both 
criteria and hazardous air pollutants.
    In addition to meeting the criteria discussed above, the 
Commonwealth's permit program for limiting potential to emit of HAPs 
must meet the statutory criteria for approval under section 112(l)(5) 
of the Act. This section allows EPA to approve a program only if it: 
(1) Contains adequate authority to assure compliance with any section 
112 standard or requirement; (2) provides for adequate resources; (3) 
provides for an expeditious schedule for assuring compliance with 
section 112 requirements; and (4) is otherwise likely to satisfy the 
objectives of the Act.
    The EPA is approving the Commonwealth's state operating permit 
program pursuant to section 112(l) of the Act because the program meets 
the applicable approval criteria in section 112(l)(5) of the Act. 
Regarding the statutory criteria of section 112(l)(5) of the Act, EPA 
believes the Commonwealth's state operating permit program contains 
adequate authority to assure compliance with section 112 requirements 
since the program does not waive any section 112 requirement(s). 
Sources would still be required to meet section 112 requirements 
applicable to non-major sources. Regarding adequate resources, the 
Commonwealth has included in its state operating permit program 
provisions for the collection of fees from sources obtaining permits. 
Furthermore, EPA believes that the Commonwealth's state operating 
permit program provides for an expeditious schedule for assuring 
compliance because they allow a source to establish a voluntary limit 
on potential to emit and avoid being subject to a federal Clean Air Act 
requirement applicable on a particular date. Nothing in the 
Commonwealth's operating permit program would allow a source to avoid 
or delay compliance with a federal requirement if it fails to obtain 
the appropriate federally enforceable limit by the relevant deadline. 
The Commonwealth's state operating permit program is consistent with 
the objectives of the section 112 program because its purpose is to 
enable sources to obtain federally enforceable limits on potential to 
emit to avoid major source classification under section 112. The EPA 
believes that this purpose is consistent with the overall intent of 
section 112.

[[Page 38194]]

IV. Implementation of Virginia's State Operating Permit Program as a 
Federally-Enforceable State Operating Permit Program

    Virginia's operating permit program regulations became effective on 
April 1, 1998. The Commonwealth has been implementing this program 
since that date. Upon the effective date of EPA's approval of this 
program, all permits issued by Virginia pursuant to, and in adherence 
with, the requirements of 9 VAC 5-80-800 through 1040, in general, and 
meeting the specific requirements of 9 VAC 5-80-1020, specifically, 
shall be considered federally enforceable state operating permits. 
Likewise, any permits issued after the effective date of this action 
may be considered federally enforceable provided they meet the same 
conditions.
    Each permit that meet the requirements of 9 VAC 5-80-800 through 
1040, including 9 VAC 5-80-1020 are to be considered federally 
enforceable in their entirety. The EPA does not interpret Virginia's 
regulations to allow for an individual operating permit to have both 
federal enforceable and state-only enforceable conditions or sections. 
The EPA does not believe it is the Commonwealth's intention to attempt 
to implement its program in such a manner.
    Since Virginia's operating permit program provides for the issuance 
of federal enforceable permits and state-only enforceable permits, EPA 
believes it is important for the Commonwealth to clearly identify the 
enforceability status of each permit it issues within the body of the 
permit. Such identification is critical for the proper implementation 
of this program and other programs such as the Commonwealth's title V 
operating permit program. When it issues a federally enforceable 
operating permit, Virginia should also ensure that the proper and 
appropriate documentation associated with fulfilling the requirements 
of 9 VAC 5-80-1020 are maintained as an intrinsic part of the permit 
document.

V. Virginia's Voluntary Environmental Assessment Privilege Law

    In 1995, Virginia adopted legislation that provides, subject to 
certain conditions, for an environmental assessment (audit) 
``privilege'' for voluntary compliance evaluations performed by a 
regulated entity. The legislation further addresses the relative burden 
of proof for parties either asserting the privilege or seeking 
disclosure of documents for which the privilege is claimed. Virginia's 
legislation also provides, subject to certain conditions, for a penalty 
waiver for violations of environmental laws when a regulated entity 
discovers such violations pursuant to a voluntary compliance evaluation 
and voluntarily discloses such violations to the Commonwealth and takes 
prompt and appropriate measures to remedy the violations. Virginia's 
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and 
information about the content of those documents that are the product 
of a voluntary environmental assessment. The Privilege Law does not 
extend to documents or information (1) that are generated or developed 
before the commencement of a voluntary environmental assessment; (2) 
that are prepared independently of the assessment process; (3) that 
demonstrate a clear, imminent and substantial danger to the public 
health or environment; or (4) that are required by law.
    On January 12, 1997, the Commonwealth of Virginia Office of the 
Attorney General provided a legal opinion that states that the 
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege 
to documents and information ``required by law,'' including documents 
and information ``required by Federal law to maintain program 
delegation, authorization or approval,'' since Virginia must ``enforce 
Federally authorized environmental programs in a manner that is no less 
stringent than their Federal counterparts. * * *'' The opinion 
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or 
other information needed for civil or criminal enforcement under one of 
these programs could not be privileged because such documents and 
information are essential to pursuing enforcement in a manner required 
by Federal law to maintain program delegation, authorization or 
approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that 
``[t]o the extent consistent with requirements imposed by Federal 
law,'' any person making a voluntary disclosure of information to a 
state agency regarding a violation of an environmental statute, 
regulation, permit, or administrative order is granted immunity from 
administrative or civil penalty. The Attorney General's January 12, 
1997 opinion states that the quoted language renders this statute 
inapplicable to enforcement of any Federally authorized programs, since 
``no immunity could be afforded from administrative, civil, or criminal 
penalties because granting such immunity would not be consistent with 
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and 
Immunity statutes will not preclude the Commonwealth from enforcing its 
operating permits program consistent with the Federal requirements. In 
any event, because EPA has also determined that a state audit privilege 
and immunity law can affect only state enforcement and cannot have any 
impact on Federal enforcement authorities, EPA may at any time invoke 
its authority under the Clean Air Act, including, for example, sections 
113, 167, 205, 211 or 213, to enforce the requirements or prohibitions 
of the state plan, independently of any state enforcement effort. In 
addition, citizen enforcement under section 304 of the Clean Air Act is 
likewise unaffected by this, or any, state audit privilege or immunity 
law.

VI. Final Action

    The EPA is approving the Commonwealth of Virginia's state operating 
permit program pursuant to sections 110 and 112 of the Clean Air Act.
    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment. However, in the ``Proposed Rules'' section of today's 
Federal Register, EPA is publishing a separate document that will serve 
as the proposal to approve the SIP revision and section 112(l) approval 
if adverse comments are filed. This rule will be effective on August 
26, 2003 without further notice unless EPA receives adverse comment by 
July 28, 2003. If EPA receives adverse comment, EPA will publish a 
timely withdrawal in the Federal Register informing the public that the 
rule will not take effect. The EPA will address all public comments in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.
    You may submit comments either electronically or by mail. To ensure 
proper receipt by EPA, identify the appropriate rulemaking 
identification number VA087-5057 in the subject line on the first page 
of your comment. Please ensure that your comments are

[[Page 38195]]

submitted within the specified comment period. Comments received after 
the close of the comment period will be marked ``late.'' EPA is not 
required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], attention VA087-5057. EPA's e-mail system is not 
an ``anonymous access'' system. If you send an e-mail comment directly 
without going through Regulations.gov, EPA's e-mail system 
automatically captures your e-mail address. E-mail addresses that are 
automatically captured by EPA's e-mail system are included as part of 
the comment that is placed in the official public docket, and made 
available in EPA's electronic public docket.
    ii. Regulations.gov. Your use of Regulation.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov, then select ``Environmental Protection Agency'' at 
the top of the page and use the ``go'' button. The list of current EPA 
actions available for comment will be listed. Please follow the online 
instructions for submitting comments. The system is an ``anonymous 
access'' system, which means EPA will not know your identity, e-mail 
address, or other contact information unless you provide it in the body 
of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in the ADDRESSES 
section of this document. These electronic submissions will be accepted 
in WordPerfect, Word or ASCII file format. Avoid the use of special 
characters and any form of encryption.
    2. By Mail. Written comments should be addressed to the EPA 
Regional office listed in the ADDRESSES section of this document.

VII. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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). This rule also does not 
have tribal implications because it will not have a substantial direct 
effect on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes, 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
This action also does not have Federalism implications because it does 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 
This action merely approves a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This rule 
also is not subject to Executive Order 13045 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 
23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 26, 2003. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action approving Virginia's state operating permit 
program may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

[[Page 38196]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Reporting and 
recordkeeping requirements.

    Dated: June 17, 2003.
Richard J. Kampf,
Acting Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (c) is amended by: (a) 
Adding the entries for 9 VAC 5-20-220, 9 VAC 5-20-230 after the 
existing entry 9 VAC 5-20-206; and, (b) removing the entry for 9 VAC 5-
80-40 and adding in its place entries for 9 VAC 5-80-800 through 9 VAC 
5-80-1040. The revisions read as follows:


Sec.  52.2420  Identification of plan.

* * * * *
    (c) EPA approved regulations.

                                                      EPA-Approved Regulations in the Virginia SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                Explanation (Former SIP
     State citation (9 VAC 5)            Title/subject       State effective date               EPA approval date                      citation)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                     * * * * * * *
Chapter 20--General Provisions [Part II]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                     * * * * * * *
5-20-220..........................  Shutdown of a           April 1, 1998........  June 27, 2003 and Federal Register cite.
                                     stationary source.
5-20-230..........................  Certification of        April 1, 1998........  June 27, 2003 and Federal Register cite.
                                     documents.
 
-----------------------------------
                                                                      * * * * * * *
Chapter 80--Permits for New and
 Modified Sources [Part VIII]
-----------------------------------
 
                                                           Article 5--State Operating Permits
-----------------------------------
5-80-800..........................  Applicability.........  April 1, 1998........  June 27, 2003 and Federal Register cite.
5-80-810..........................  Definitions...........  April 1, 1998........  June 27, 2003 and Federal Register cite.
5-80-820..........................  General...............  April 1, 1998........  June 27, 2003 and Federal Register cite.
5-80-830..........................  Applications..........  April 1, 1998........  June 27, 2003 and Federal Register cite.
5-80-840..........................  Application             April 1, 1998........  June 27, 2003 and Federal Register cite.
                                     information required.
5-80-850..........................  Standards and           April 1, 1998........  June 27, 2003 and Federal Register cite.
                                     conditions for
                                     granting permits.
5-80-860..........................  Action on permit        April 1, 1998........  June 27, 2003 and Federal Register cite.
                                     application.
5-80-870..........................  Application review and  April 1, 1998........  June 27, 2003 and Federal Register cite.
                                     analysis.
5-80-880..........................  Compliance              April 1, 1998........  June 27, 2003 and Federal Register cite.
                                     determination and
                                     verification by
                                     testing.
5-80-890..........................  Monitoring              April 1, 1998........  June 27, 2003 and Federal Register cite.
                                     requirements.
5-80-900..........................  Reporting requirements  April 1, 1998........  June 27, 2003 and Federal Register cite.
5-80-910..........................  Existence of permit no  April 1, 1998........  June 27, 2003 and Federal Register cite.
                                     defense.
5-80-920..........................  Circumvention.........  April 1, 1998........  June 27, 2003 and Federal Register cite.
5-80-930..........................  Compliance with local   April 1, 1998........  June 27, 2003 and Federal Register cite.
                                     zoning requirements.
5-80-940..........................  Transfer of permits...  April 1, 1998........  June 27, 2003 and Federal Register cite.
5-80-950..........................  Termination of permits  April 1, 1998........  June 27, 2003 and Federal Register cite.
5-80-960..........................  Changes to permits....  April 1, 1998........  June 27, 2003 and Federal Register cite.
5-80-970..........................  Administrative permit   April 1, 1998........  June 27, 2003 and Federal Register cite.
                                     amendments.
5-80-980..........................  Minor permit            April 1, 1998........  June 27, 2003 and Federal Register cite.
                                     amendments.

[[Page 38197]]

 
5-80-990..........................  Significant permit      April 1, 1998........  June 27, 2003 and Federal Register cite.
                                     amendments.
5-80-1000.........................  Reopening for cause...  April 1, 1998........  June 27, 2003 and Federal Register cite.
5-80-1010.........................  Enforcement...........  April 1, 1998........  June 27, 2003 and Federal Register cite.
5-80-1020.........................  Public participation..  April 1, 1998........  June 27, 2003 and Federal Register cite.
5-80-1030.........................  General permits.......  April 1, 1998........  June 27, 2003 and Federal Register cite.
5-80-1040.........................  Review and evaluation   April 1, 1998........  June 27, 2003 and Federal Register cite.
                                     of article.
 
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[FR Doc. 03-16233 Filed 6-26-03; 8:45 am]
BILLING CODE 6560-50-U