[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Rules and Regulations]
[Pages 40703-40709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17862]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0052; FRL-9966-78-Region 3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the Commonwealth of Virginia state implementation plan 
(SIP). The revisions amend Virginia's major source New Source Review 
(NSR) regulations to make them consistent with the federal program. EPA 
is approving these revisions to the Virginia SIP in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on September 27, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2016-0052. All documents in the docket are listed on 
the https://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available through 
https://www.regulations.gov or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: David Talley, (215) 814-2117, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On April 18, 2017 (73 FR 18272), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Virginia. In the NPR, EPA 
proposed approval of revisions to Virginia's NSR regulations. On 
October 16, 2015, the Commonwealth of Virginia through the Virginia 
Department of Environmental Quality (VADEQ), submitted a formal 
revision to the Virginia SIP. The SIP revision consists of amendments 
to the preconstruction permit requirements under VADEQ's major NSR 
permit program. The revision affects sources subject to VADEQ's 
Prevention of Significant Deterioration (PSD) program, which applies in 
areas which are in attainment with (or unclassifiable for) the national 
ambient air quality standards (NAAQS), as well as affecting sources 
subject to its nonattainment NSR permit program, applicable in areas 
not in attainment with the NAAQS. By letter dated March 1, 2017, VADEQ 
officially withdrew a small and specific portion of the October 16, 
2015 submittal from consideration for approval into the Virginia SIP. A 
copy of the letter has been included in the docket for this action. 
Further discussion of the withdrawal is provided in section II.A of 
this notice.

II. Summary of SIP Revision and EPA Analysis

    As discussed in the NPR, the October 16, 2015 SIP submittal 
revision (as

[[Page 40704]]

amended March 1, 2017) (hereinafter referred to as the 2015 NSR SIP 
Revision) generally makes the Virginia Administrative Code regulations 
at 9VAC5 consistent with the federal NSR program at 40 CFR 51.165 and 
51.166. The specific changes to 9VAC5: (1) Allow the use of a 10-year 
lookback period to calculate pre-change emissions for sources other 
than electric utility steam generating units (EGUs); (2) allow the use 
of different lookback periods for different regulated NSR pollutants; 
(3) extend the effective period for plantwide applicability limits 
(PALs) to 10 years; and, (4) allow replacement units to be treated as 
existing units, and thus provide the ability to use baseline actual and 
projected actual emissions when determining applicability. 
Additionally, there are a number of minor changes which are strictly 
administrative in nature, consisting of small grammatical revisions, or 
re-numbering. EPA is approving VADEQ's 2015 NSR SIP Revision as a 
revision to the Virginia SIP because it meets the Federal requirements 
of 40 CFR 51.165 and 51.165, and CAA sections 110(a) and 173. 
Additionally, the revisions are in accordance with section 110(l) of 
the CAA because they will not interfere with any applicable requirement 
concerning attainment and reasonable further progress, or any other 
applicable CAA requirement.

A. Baseline Actual Emissions

    NSR applicability is determined by comparing the pre-change 
emissions of the source(s) affected by the project at hand to the post-
change emissions, and determining whether the net increase is 
``significant.'' For new units, pre-change (baseline) emissions are 
zero. For modified units, sources must calculate baseline actual 
emissions (BAE). For sources other than EGUs, the Federal PSD and 
nonattainment NSR regulations provide for the calculation of BAE using 
``. . . the average rate, in tons per year, at which the emissions unit 
actually emitted the pollutant during any consecutive 24-month period 
selected by the owner or operator within the 10-year period immediately 
preceding either the date the owner or operator begins actual 
construction of the project, or the date a complete permit application 
is received by the reviewing authority. . .'' See 40 CFR 
51.165(a)(1)(xxxv)(B) and 51.166(b)(47)(ii). VADEQ's previously 
approved BAE definitions, codified at 9VAC5-80 sections 1615C (PSD) and 
2010C (nonattainment NSR), provided for a 5-year lookback period. The 
2015 NSR SIP Revision included VADEQ's revised definitions of BAE to 
provide for a 10-year lookback period for non EGUs, consistent with the 
Federal counterpart.
    When EPA originally approved the 5-year lookback into VADEQ's 
nonattainment NSR and PSD programs, limited approval was granted. See 
73 FR 62893, 62897 (October 22, 2008). The previous definitions of BAE 
at 9VAC5-80 sections 1615C and 2010C in VADEQ's June 27, 2008 SIP 
submittals included the 5-year lookback which EPA found approvable, 
despite being different from the Federal lookback period. However, 
VADEQ's regulations at the time in sections 1615C and 2010C also 
included provisions for the use of a different time period to calculate 
BAE if it was found to be more representative of normal operations. In 
our October 22, 2008 final rulemaking notice, EPA raised concerns that 
this provision could allow for the use of a lookback period that 
extended beyond the ten years allowed by the Federal programs for PSD 
and NSR. However, EPA noted that because VADEQ had affirmed that it was 
not its intention to extend the lookback period beyond ten years, a 
limited approval was granted. See 73 FR at 62898. In VADEQ's 2015 NSR 
SIP Revision submittal, the provision allowing for the use of a 
different lookback period if it was found to be more representative of 
normal operations was struck from the definition of BAE at 9VAC5-80 
section 1615C, making it consistent with the federal counterpart. 
However, that provision was inadvertently left in the definition of BAE 
in the version of 9VAC5-80 section 2010C for NSR. By letter dated March 
1, 2017, VADEQ officially withdrew from EPA's consideration for 
inclusion into the SIP the portion of the definition of BAE at section 
2010C stating, ``The board will allow the use of another time period 
upon a determination that it is more representative of normal source 
operation.'' Thus, EPA finds the revised definition of BAE at 9VAC5-80 
section 2010C (with the provision for a different lookback period 
stricken) fully approvable as the definition is consistent with Federal 
CAA requirements permitting up to a 10-year lookback. EPA expects that 
the sentence withdrawn from the SIP submittal will be removed from the 
Virginia Code as soon as practicable as Virginia affirmed in its March 
1, 2017 letter, and that VADEQ will implement its NSR program 
consistent with the approved SIP and the Federal requirements for NSR 
in the interim. With this approval, EPA also removes its prior limited 
approval for these regulations.
    Finally, the Federal requirement for calculating BAE for PSD and 
NSR provide for the use of different 24-month periods for different 
regulated NSR pollutants. See 40 CFR 51.165(a)(1)(xxxv)(B)(4) and 
51.166(b)(47)(ii)(c). VADEQ has revised the BAE definitions at 9VAC5-80 
sections 1615C and 2010C, and 9VAC5-85 section 50 to be consistent with 
the federal requirements relating to different lookback periods for 
different regulated NSR pollutants. Because these revisions are 
consistent with federal definitions in 40 CFR 51.165 and 51.166 for 
using different 24-month periods for different regulated NSR 
pollutants, EPA finds these revisions approvable in accordance with CAA 
requirements.

B. Plantwide Applicability Limits (PALs)

    Federal requirements for PALs include an effective period of ten 
years for the plantwide permit.\1\ See 40 CFR sections 51.165(f) et seq 
and 51.166(w) et seq. The 2015 NSR SIP Revision included amended 
versions of 9VAC-5-80 sections 1615C, 1865C(1)(f), 2010C, and 
2144C(1)(f), as well as 9VAC5-85-50, to provide for a PAL effective 
period of ten years, consistent with the Federal regulations providing 
for a ten-year PAL effective period. In addition, the 2015 NSR SIP 
Revision included amended versions of 9VAC5-80 sections 1865E and 2144E 
and 9VAC5-85-55 to allow for the use of different 24-month periods for 
different regulated NSR pollutants when establishing PALs, consistent 
with the discussion in Section II.A of this notice. EPA finds these 
amended provisions approvable for the Virginia SIP because these 
amended regulations for PAL effective period and baseline calculations 
are consistent with Federal requirements for PALs in 40 CFR 51.165 and 
51.166.
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    \1\ A PAL is a voluntary permit option that provides the ability 
to manage facility-wide emissions without triggering major NSR 
review. The flexibility provided under a PAL facilitates the ability 
to respond rapidly to changing market conditions while enhancing the 
environmental protection afforded under the program. If facility 
emissions remain below a plantwide actual emissions cap (that is, an 
actuals PAL), then a facility can avoid major NSR permitting process 
when making alterations to the facility or individual emissions 
units that would otherwise trigger NSR permitting. In return for 
this flexibility, facilities must monitor emissions from all 
emissions units under the PAL in addition to other recordkeeping and 
reporting requirements.
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C. Replacement Units

    Finally, the 2015 NSR SIP Revision submittal added definitions of 
``replacement unit,'' and amends the definitions of ``emissions unit,'' 
under 9VAC5-80 sections 1615C and 2010C and 9VAC5-85 section 50. The 
effect of

[[Page 40705]]

these revisions is to allow replacement units to be treated as existing 
units when calculating pre- and post-change emissions for purposes of 
determining NSR applicability. VADEQ's definitions of ``replacement 
unit'' are consistent with their Federal counterparts at 40 CFR 
51.165(a)(1)(xxi) and 51.166(b)(32). VADEQ's amended definitions of 
``emissions unit'' are consistent with their Federal counterparts at 40 
CFR 51.165(a)(1)(vii) and 51.166(b)(7), as is VADEQ's approach to 
calculating pre- and post-change emissions for replacement units. Thus, 
EPA finds these new and amended provisions in the 2015 NSR SIP Revision 
approvable.
    EPA finds the revisions to 9VAC5-80 sections 1615, 1865, 2010, and 
2144 and 9 VAC5-85 sections 50 and 55 (including the changes discussed 
herein as well as the minor administrative changes for grammatical and 
numbering consistency) consistent with CAA section 110(l). None of the 
revisions interfere with any applicable requirement concerning 
attainment of any NAAQS nor interfere with reasonable further progress 
or any other applicable requirement of the CAA. As described in this 
rulemaking, the revisions to the Virginia Code in the 2015 NSR SIP 
Revision are consistent with federal requirements for PSD and NSR in 40 
CFR 51.165 and 51.166. Because the revisions are consistent with 
federal requirements for PSD and NSR permitting programs which permit 
construction and modifications in accordance with permitting and 
emission limitation requirements and address definitions for BAE and 
PAL effective periods, EPA does not expect any interference with the 
NAAQS from these revisions.
    Other specific requirements of the 2015 NSR SIP Revision and the 
rationale for EPA's proposed action are explained in the NPR and will 
not be restated here.

III. EPA's Response to Comments Received on the Proposed Action

    EPA received two sets of comments on the April 18, 2017 NPR. A full 
set of these comments is included in the docket for this final action. 
A summary of the comments and EPA's responses are included herein.
    Comment: The first commenter asserts that EPA ``. . . shouldn't 
have the right to tell States what they can and cannot do,'' and 
further, that the States are capable of ``. . . cleaning up the air.''
    EPA Response: The CAA establishes a partnership between state and 
Federal entities for the protection and improvement of the nation's air 
quality. Under CAA section 109, EPA is required to establish NAAQS for 
the protection of public health and welfare. Subsequent to the 
promulgation (or revision) of a NAAQS, states are required by CAA 
section 110 to adopt and submit to EPA for approval, a SIP which 
provides for the implementation, maintenance, and enforcement of the 
NAAQS. Virginia's October 16, 2015 SIP submittal met that requirement. 
In addition, section 110(a)(2)(C) specifically requires that state 
plans include a PSD and nonattainment NSR permit program as required in 
parts C and D of Title I of the Clean Air Act. The division of 
responsibilities between EPA and the states in the section 110 process 
was reaffirmed by the U.S. Court of Appeals for the District of 
Columbia Circuit in the Commonwealth of Virginia, et al., v. EPA, 108 
F.3d 1397 (D.C. Cir. 1997). The action being finalized today approving 
revisions to Virginia regulations which implement the PSD and NSR 
permit program required by the CAA is consistent with EPA's 
responsibilities as established by Congress under CAA section 110. EPA 
is approving the 2015 NSR SIP Revision because it complies with the 
provisions of the CAA and applicable federal regulations as discussed 
in the NPR and in this rulemaking action. See section 110(k) of the 
CAA.
    Comment: The second commenter expressed a need for clean air, and 
urged EPA to ``(s)top trying to lower . . .'' environmental standards.
    EPA Response: EPA thanks the commenter for the concern for 
environmental issues such as clean air and water. However, the comment 
is not germane or relevant to the issues in this rulemaking to bring 
Virginia's NSR program in line with federal NSR requirements in 40 CFR 
51.165 and 51.166. EPA has fully explained our reasons for approving 
VA's revisions to its NSR program in this notice and in the NPR. As 
discussed in the NPR, none of the revisions interfere with any 
applicable requirement concerning attainment of any NAAQS nor interfere 
with reasonable further progress or any other applicable requirement of 
the CAA. In addition, the comment lacks the required specificity and 
does not address any specific Virginia regulation upon which we should 
act differently nor address any action EPA should take differently with 
regards to Virginia's NSR regulations.

IV. Final Action

    EPA is approving the 2015 NSR SIP Revision as it is in accordance 
with requirements in the CAA in sections 110 and 173 and with federal 
regulations at 40 CFR 51.165 and 51.166. Additionally, because the 
Virginia regulations submitted in the 2015 NSR SIP Revision correct 
issues related to appropriate BAE and ``lookback period'' in Virginia's 
NSR permit program for which EPA previously granted limited approval in 
2008, EPA now grants full approval to Virginia's NSR permit program for 
PSD and NSR permitting.

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

    In 1995, Virginia adopted legislation that provides, subject to 
certain conditions, for an environmental assessment (audit) 
``privilege'' for voluntary compliance evaluations performed by a 
regulated entity. The legislation further addresses the relative burden 
of proof for parties either asserting the privilege or seeking 
disclosure of documents for which the privilege is claimed. Virginia's 
legislation also provides, subject to certain conditions, for a penalty 
waiver for violations of environmental laws when a regulated entity 
discovers such violations pursuant to a voluntary compliance evaluation 
and voluntarily discloses such violations to the Commonwealth and takes 
prompt and appropriate measures to remedy the violations. Virginia's 
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and 
information about the content of those documents that are the product 
of a voluntary environmental assessment. The Privilege Law does not 
extend to documents or information that: (1) Are generated or developed 
before the commencement of a voluntary environmental assessment; (2) 
are prepared independently of the assessment process; (3) demonstrate a 
clear, imminent and substantial danger to the public health or 
environment; or (4) are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the 
Attorney General provided a legal opinion that states that the 
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege 
to documents and information ``required by law,'' including documents 
and information ``required by federal law to maintain program 
delegation, authorization or approval,'' since Virginia must ``enforce 
federally authorized environmental programs in a manner that is no less 
stringent than their federal counterparts . . . .'' The opinion 
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or 
other information needed for civil or criminal enforcement under one of 
these programs could not be

[[Page 40706]]

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

VI. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the VADEQ 
regulations regarding definitions and permitting requirements discussed 
in Section II of this notice. EPA has made, and will continue to make, 
these materials generally available through http://www.regulations.gov 
and/or at the EPA Region III Office (please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section of this 
preamble for more information).
    Therefore, these materials have been approved by EPA for inclusion 
in the SIP, have been incorporated by reference by EPA into that plan, 
are fully federally enforceable under sections 110 and 113 of the CAA 
as of the effective date of the final rulemaking of EPA's approval, and 
will be incorporated by reference by the Director of the Federal 
Register in the next update to the SIP compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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VII. Statutory and Executive Order Reviews

A. General Requirements

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

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 27, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action.
    This action pertaining to Virginia's preconstruction permitting 
requirements may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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


[[Page 40707]]


    Dated: August 12, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (c) is amended by revising 
the entries for Sections ``5-50-270'', ``5-50-280'', ``5-80-1605'' 
through ``5-80-2240'',''5-85-50'', and ``5-85-55'' to read as follows:


Sec.  52.2420  Identification of plan.

* * * * *
    (c) * * *

                                 Epa-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                             State
          State citation              Title/subject        effective     EPA approval date   Explanation [former
                                                             date                               SIP citation]
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                        9 VAC 5, Chapter 50 New and Modified Stationary Sources [Part V]
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                      Article 4 Standards of Performance for Stationary Sources (Rule 5-4)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
5-50-270.........................  Standard for Major           9/1/06  8/28/17, [Insert     Previous approval
                                    Stationary Sources                   Federal Register     10/22/08.
                                    (Nonattainment                       citation].
                                    Areas).
5-50-280.........................  Standard for                 9/1/06  8/28/17, [Insert     Previous approval
                                    Stationary Sources                   Federal Register     10/22/08.
                                    (Prevention of                       citation].
                                    Significant
                                    Deterioration
                                    Areas).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                         9 VAC 5, Chapter 80 Permits for Stationary Sources [Part VIII]
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
    Article 8 Permits--Major Stationary Sources and Major Modifications Located in Prevention of Significant
                                               Deterioration Areas
----------------------------------------------------------------------------------------------------------------
5-80-1605........................  Applicability......          9/1/06  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-1615........................  Definitions........         8/13/15  8/28/17, [Insert     ...................
                                                                         Federal Register
                                                                         citation].
5-80-1625........................  General............         7/23/09  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-1635........................  Ambient Air                 8/17/11  8/28/17, [Insert     Previous approval
                                    Increments.                          Federal Register     10/22/08.
                                                                         citation].
5-80-1645........................  Ambient Air                  9/1/06  8/28/17, [Insert     Previous approval
                                    Ceilings.                            Federal Register     10/22/08.
                                                                         citation].
5-80-1655........................  Applications.......          9/1/06  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-1665........................  Compliance with              9/1/06  8/28/17, [Insert     Previous approval
                                    local zoning                         Federal Register     10/22/08.
                                    requirements.                        citation].
5-80-1675........................  Compliance                   9/1/06  8/28/17, [Insert     Previous approval
                                    determination and                    Federal Register     10/22/08.
                                    verification by                      citation].
                                    performance
                                    testing.
5-80-1685........................  Stack Heights......          9/1/06  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-1695........................  Exemptions.........          6/4/14  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-1705........................  Control technology           9/1/06  8/28/17, [Insert     Previous approval
                                    review.                              Federal Register     10/22/08.
                                                                         citation].
5-80-1715........................  Source impact                6/4/14  8/28/17, [Insert     Previous approval
                                    analysis.                            Federal Register     10/22/08.
                                                                         citation].
5-80-1725........................  Air quality models.          9/1/06  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-1735........................  Air quality                  9/1/06  8/28/17, [Insert     Previous approval
                                    analysis.                            Federal Register     10/22/08.
                                                                         citation].

[[Page 40708]]

 
5-80-1745........................  Source Information.          9/1/06  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-1755........................  Additional impact            9/1/06  8/28/17, [Insert     Previous approval
                                    analysis.                            Federal Register     10/22/08.
                                                                         citation].
5-80-1765........................  Sources affecting           8/17/11  8/28/17, [Insert     Previous approval
                                    Federal class I                      Federal Register     10/22/08.
                                    areas--additional                    citation].
                                    requirements.
5-80-1775........................  Public                       9/1/06  8/28/17, [Insert     Previous approval
                                    participation.                       Federal Register     10/22/08.
                                                                         citation].
5-80-1785........................  Source obligation..          9/1/06  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-1795........................  Environmental                9/1/06  8/28/17, [Insert     Previous approval
                                    impact statements.                   Federal Register     10/22/08.
                                                                         citation].
5-80-1805........................  Disputed permits...          9/1/06  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-1815........................  Interstate                   9/1/06  8/28/17, [Insert     Previous approval
                                    pollution                            Federal Register     10/22/08.
                                    abatement.                           citation].
5-80-1825........................  Innovative control           9/1/06  8/28/17, [Insert     Previous approval
                                    technology.                          Federal Register     10/22/08.
                                                                         citation].
5-80-1865........................  Actuals plantwide           8/13/15  8/28/17, [Insert     ...................
                                    applicability                        Federal Register
                                    (PAL).                               citation].
5-80-1915........................  Actions to combine          7/23/09  8/28/17, [Insert     Previous approval
                                    permit terms and                     Federal Register     10/22/08.
                                    conditions.                          citation].
5-80-1925........................  Actions to change           7/23/09  8/28/17, [Insert     Previous approval
                                    permits.                             Federal Register     10/22/08.
                                                                         citation].
5-80-1935........................  Administrative              7/23/09  8/28/17, [Insert     Previous approval
                                    permit amendments.                   Federal Register     10/22/08.
                                                                         citation].
5-80-1945........................  Minor permit                7/23/09  8/28/17, [Insert     Previous approval
                                    amendments.                          Federal Register     10/22/08.
                                                                         citation].
5-80-1955........................  Significant                 7/23/09  8/28/17, [Insert     Previous approval
                                    amendment                            Federal Register     10/22/08.
                                    procedures.                          citation].
5-80-1965........................  Reopening for cause         7/23/09  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-1975........................  Transfer of permits          9/1/06  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-1985........................  Permit                       9/1/06  8/28/17, [Insert     Previous approval
                                    invalidation,                        Federal Register     10/22/08.
                                    revocation, and                      citation].
                                    enforcement.
5-80-1995........................  Existence of permit          9/1/06  8/28/17, [Insert     Previous approval
                                    no defense.                          Federal Register     10/22/08.
                                                                         citation].
----------------------------------------------------------------------------------------------------------------
  Article 9 PermitsMajor Stationary Sources and Major Modifications Located in Nonattainment Areas or the Ozone
                                                Transport Region
----------------------------------------------------------------------------------------------------------------
5-80-2000........................  Applicability......          5/1/02  8/28/17, [Insert     Previous approval
                                                                9/1/06   Federal Register     10/22/08.
                                                                         citation].
5-80-2010........................  Definitions........         8/13/15  8/28/17, [Insert     Paragraph C is
                                                                         Federal Register     revised, except
                                                                         citation].           that under
                                                                                              subdivision b of
                                                                                              the definition of
                                                                                              ``baseline actual
                                                                                              emissions,'' the
                                                                                              sentence stating,
                                                                                              ``The board shall
                                                                                              allow the use of
                                                                                              another time
                                                                                              period upon a
                                                                                              determination that
                                                                                              it is more
                                                                                              representative of
                                                                                              normal source
                                                                                              operation,'' is
                                                                                              not in the SIP.
5-80-2020........................  General............         7/23/09  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-2030........................  Applications.......          5/1/02  8/28/17, [Insert     Previous approval
                                                                9/1/06   Federal Register     10/22/08.
                                                                         citation].
5-80-2040........................  Application                  5/1/02  8/28/17, [Insert     Previous approval
                                    information                 9/1/06   Federal Register     10/22/08.
                                    required.                            citation].
5-80-2050........................  Standards and                5/1/02  8/28/17, [Insert     Previous approval
                                    conditions for              9/1/06   Federal Register     10/22/08.
                                    granting permits.                    citation].
5-80-2060........................  Action on permit             5/1/02  8/28/17, [Insert     Previous approval
                                    application.                9/1/06   Federal Register     10/22/08.
                                                                         citation].
5-80-2070........................  Public                       5/1/02  8/28/17, [Insert     Previous approval
                                    participation.              9/1/06   Federal Register     10/22/08.
                                                                         citation].
5-80-2080........................  Compliance                   5/1/02  8/28/17, [Insert     Previous approval
                                    determination and           9/1/06   Federal Register     10/22/08.
                                    verification by                      citation].
                                    performance
                                    testing.

[[Page 40709]]

 
5-80-2090........................  Application review           5/1/02  8/28/17, [Insert     Previous approval
                                    and analysis.              9/01/06   Federal Register     10/22/08.
                                                                         citation].
5-80-2091........................  Source obligation..          9/1/06  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-2110........................  Interstate                   5/1/02  8/28/17, [Insert     Previous approval
                                    Pollution                   9/1/06   Federal Register     10/22/08.
                                    Abatement.                           citation].
5-80-2120........................  Offsets............         8/17/11  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-2130........................  De minimis                   5/1/02  8/28/17, [Insert     Previous approval
                                    increases and               9/1/06   Federal Register     10/22/08.
                                    stationary source                    citation].
                                    modification
                                    alternatives for
                                    ozone
                                    nonattainment
                                    areas classified
                                    as serious or
                                    severe in 9 VAC 5-
                                    20-204.
5-80-2140........................  Exemptions.........         7/23/09  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
5-80-2144........................  Actuals plantwide           8/13/15  8/28/17, [Insert     ...................
                                    applicability                        Federal Register
                                    limits (PALs).                       citation].
5-80-2150........................  Compliance with              5/1/02  8/28/17, [Insert     Previous approval
                                    local zoning               9/01/06   Federal Register     10/22/08.
                                    requirements.                        citation].
5-80-2170........................  Transfer of permits          5/1/02  8/28/17, [Insert     Previous approval
                                                                9/1/06   Federal Register     10/22/08.
                                                                         citation].
5-80-2180........................  Permit                       5/1/02  8/28/17, [Insert     Previous approval
                                    invalidation,               9/1/06   Federal Register     10/22/08.
                                    revocation, and                      citation].
                                    enforcement.
5-80-2190........................  Existence of permit          5/1/02  8/28/17, [Insert     Previous approval
                                    no defense.                 9/1/06   Federal Register     10/22/08.
                                                                         citation].
5-80-2195........................  Actins to combine           7/23/09  8/28/17, [Insert     Previous approval
                                    permit terms and                     Federal Register     10/22/08.
                                    conditions.                          citation].
5-80-2200........................  Actions to change           7/23/09  8/28/17, [Insert     Previous approval
                                    permits.                             Federal Register     10/22/08.
                                                                         citation].
5-80-2210........................  Administrative              7/23/09  8/28/17, [Insert     Previous approval
                                    permit amendments.                   Federal Register     10/22/08.
                                                                         citation].
5-80-2220........................  Minor permit                7/23/09  8/28/17, [Insert     Previous approval
                                    amendments.                          Federal Register     10/22/08.
                                                                         citation].
5-80-2230........................  Significant                 7/23/09  8/28/17, [Insert     Previous approval
                                    amendment                            Federal Register     10/22/08.
                                    procedures.                          citation].
5-80-2240........................  Reopening for cause         7/23/09  8/28/17, [Insert     Previous approval
                                                                         Federal Register     10/22/08.
                                                                         citation].
----------------------------------------------------------------------------------------------------------------
             9 VAC 5, Chapter 85 Permits for Stationary Sources of Pollutants Subject to Regulation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                         Part III Prevention of Significant Deterioration Permit Actions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
5-85-50..........................  Definitions........         8/13/15  8/28/17, [Insert     ...................
                                                                         Federal Register
                                                                         citation].
5-85-55..........................  Actuals Plantwide           8/13/15  8/28/17, [Insert     ...................
                                    applicability                        Federal Register
                                    limits (PALs).                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-17862 Filed 8-25-17; 8:45 am]
 BILLING CODE 6560-50-P