56508 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0642; FRL–9950–91– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Minor New Source Review 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

Commonwealth of Virginia state 

implementation plan (SIP). These 

revisions pertain to preconstruction 

permitting requirements under 

Virginia’s minor New Source Review 

(NSR) program. EPA is approving these 

revisions to the Virginia SIP in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This rule is effective on October 

21, 2016 without further notice, unless 

EPA receives adverse written comment 

by September 21, 2016. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2015–0642 at http://

www.regulations.gov, or via email to 

campbell.dave@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

David Talley, (215) 814–2117, or by 

email at talley.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 15, 2013, the Commonwealth 

of Virginia submitted a formal revision 

to its SIP. The SIP revision consists of 

amendments to the Virginia Department 

of Environmental Quality’s (VADEQ) 

minor New Source Review (NSR) 

program, as well as a complete 

recodification of those regulations. 

On July 24, 1996, EPA took final 

action to approve in part and 

disapprove in part a revision to the 

Virginia SIP relating to minor NSR 

permitting requirements. See 61 FR 

38388. EPA disapproved revisions to the 

public participation requirements which 

were, at the time, codified at Virginia 

Regulations (VR) section 120–08–1. 

Specifically, EPA disapproved sections 

120–08–01G.1 and .01G.4.b because 

they purported to exempt major 

modifications of less than 100 tons per 

year (tpy) from the prescribed public 

participation procedures, contrary to the 

requirements of 40 CFR 51.161. This left 

the previously approved SIP 

requirements of VR section 120–08– 

01C.4 in place to govern public 

participation. EPA approved the 

remainder of the submittal into 

Virginia’s SIP. 

Subsequently, on April 21, 2000, EPA 

took final action to approve a revision 

to the Virginia SIP which did not revise 

any of the substantive requirements, but 

included in the SIP Virginia’s 

reorganized and recodified regulations 

from the VR–120–08–01 format to match 

the Virginia Administrative Code (VAC) 

format (e.g., 9VAC5–80–10). See 78 FR 

21315. 

II. Summary of SIP Revision and EPA 

Analysis 

Virginia’s July 15, 2013 submittal 

encompasses a number of revisions to 

Virginia’s regulations that were 

completed at the Commonwealth level, 

but not submitted to and approved by 

EPA as revisions to the Virginia SIP. 

VADEQ compiled the various revisions 

and submitted them so that EPA could 

review the program as a whole. A 

thorough discussion of the details of the 

regulatory changes made by Virginia as 

well as EPA’s analysis of those changes 

to the regulations and the Virginia SIP 

are located in the technical support 

document (TSD) in the docket for this 

action, available at 

www.regulations.gov, and will not be 

restated here. 

Among those revisions was the 

evolution and recodification of 

VADEQ’s minor NSR program from 

9VAC5 Chapter 80 sections 10 and 11 to 

Article 6 of Part II of 9VAC5 Chapter 80. 

Sections 10 and 11 of 9VAC5–80 are 

being removed from the SIP and 

replaced as part of this action. 

Additionally, the submittal includes 

revisions to 9VAC5–50, sections 240, 

250, and 260. The submittal also 

includes revisions to the requirements 

for public participation under Article 6 

which correct the deficiencies which 

were the reason for EPA’s previouslymentioned July 24, 1996 disapproval 

action. 

9VAC5–50–240 has been revised to 

maintain consistency with revisions in 

the new Article 6; to clarify which 

emissions units are subject to the minor 

NSR regulations; and to appropriately 

exempt hazardous air pollutants (HAPs) 

regulated under 9VAC5–60, consistent 

with 40 CFR 51.166. 

Additionally, a number of revisions 

have been made to the best available 

control technology (BACT) requirements 

under Virginia’s minor NSR program. 

The definition of BACT under 9VAC5– 

50–250 has been revised to provide for 

the consideration of additional factors 

in determining BACT (e.g., nature and 

amount of emissions, control 

efficiencies across industry source 

types, etc.). 9VAC5–50–260 has been 

revised to require BACT determinations 

for all emissions units subject to the 

minor NSR program, and to require that, 

for phased construction projects, BACT 

must be reviewed within 18 months of 

construction of each individual phase. 

9VAC5–50–260 has also been revised to 

require BACT for all emissions units 

which are subject to the minor NSR 

program. These changes to 9VAC5–50 

have been made in order to simplify the 

minor NSR program, and are 

appropriate and meet the federal 

requirements of 40 CFR 51.160 and 

51.161, and CAA section 110(a)(2)(C). 

Additionally, the revisions are in 

accordance with section 110(l) of the 

CAA because they will not interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress, or any other applicable 

CAA requirement. 

Generally, the new Article 6 

regulations represent a recodification of 

the minor NSR program from section 10 

and 11 of 9VAC5–80. Sections 10 and 

11 are being deleted from the SIP 

because they are largely duplicative 

with the new provisions. In addition, 

the deficiency related to the public 

participation requirements identified in 


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EPA’s 1996 disapproval action has been 

corrected. Therefore, the previously 

approved public participation 

requirements under VR 120–08–01 are 

being removed from the SIP as well. 

Additionally, as discussed in more 

detail below, the revisions include new 

regulations designed to confer federal 

enforceability upon Virginia’s program 

for regulating HAPs (consistent with 40 

CFR parts 61 and 63) and the removal 

of provisions which were inadvertently 

included in the SIP by EPA’s 1996 

approval, and which inappropriately 

conferred federal enforceability upon 

Virginia’s state-only enforceable 

provisions for regulating toxic air 

pollutants. Virginia’s definition of 

‘‘toxic air pollutant’’ is more broad than 

the federal ‘‘hazardous air pollutant,’’ 

and by inadvertently applying the minor 

NSR program to the former, Virginia’s 

SIP went beyond what VADEQ 

intended. Specifically, the requirements 

of sections 1100I, 1105F, and 1170A are 

being added, and paragraph 1200B is 

being deleted from the SIP. These 

revisions are appropriate and meet the 

federal requirements of 40 CFR 51.160 

and 51.161, and CAA section 

110(a)(2)(C). Additionally, the revisions 

(and in particular the deletions) are in 

accordance with section 110(l) of the 

CAA because they will not interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress, or any other applicable 

CAA requirement. 

The unit reconstruction requirements 

of 9VAC5–80–1100 have been revised to 

evaluate applicability for the 

reconstruction of an emissions unit via 

the replacement of some of its 

components in the same manner as any 

other modification. Additionally, 

provisions have been added to allow 

sources to opt into permit review, and 

to clarify applicability of fugitive 

emissions. Provisions have been added 

to sections 80–1100M, 1105C and D, 

and 1100C to regulate fine particulate 

matter with an aerodynamic diameter 

less than 2.5 micrometers (PM2.5) in a 

manner consistent with federal 

requirements, particularly related to the 

condensable fraction of PM2.5. 

9VAC5–80–1105 contains the 

exemptions formerly codified at section 

80–11. Many of the revisions to these 

exemptions are administrative or 

clarifying in nature. However, there are 

some additions and deletions as well. 

New exemptions include, but are not 

limited to, those for mulch recycling 

operations, replacement units where the 

potential to emit (PTE) does not 

increase, engines and turbines which do 

not exceed 500 hours per year of 

operation, and exhaust flares at natural 

gas and coal bed methane extraction 

wells. Additionally, the emission-rate 

based exemption for VOC coating 

operations, and the provisions which 

prohibit the exemption of certain New 

Source Performance Standards (NSPS) 

and National Emission Standards for 

Hazardous Air Pollutants (NESHAP) 

sources have been deleted. Exemption 

thresholds for PM2.5 have been added, 

below which minor NSR will not apply. 

The new (and existing) exemptions 

exist because VADEQ considers the 

associated emissions to be de minimis, 

and not worth the administrative effort 

required to issue permits for de minimis 

emissions. As a safeguard, however, 

provisions have been added to state that 

any exemption from the minor NSR 

requirements does not create an 

exemption from major NSR. All such 

sources would be considered emissions 

sources for purposes of determining 

major source status under Virginia’s SIP 

approved major NSR program. 

The definitions under 9VAC5–80– 

1110 have been revised to make the 

minor NSR program more compatible 

with the major NSR program. 

Additional revisions of note include: 

The addition of provisions for ensuring 

that permit terms relating to emissions 

caps are practically enforceable 

(9VAC5–80–1180B, C, and D); criteria 

relating to invalidation of permits due to 

delays in construction (9VAC5–80– 

1210B); criteria for issuance of general 

permits (9VAC5–80–1250); provisions 

relating to permit modifications 

(9VAC5–80–1260 through 1300); as well 

as several non-substantive, clarifying 

revisions. 

All of the new and revised provisions 

of 9VAC5–80 Article 6 meet the federal 

requirements of 40 CFR 51.160 and 

51.161, and CAA section 110(a)(2)(C). 

Additionally, the revisions (and in 

particular the deletions) are in 

accordance with section 110(l) of the 

CAA because they will not interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress, or any other applicable 

CAA requirement as EPA finds 

Virginia’s conclusions regarding de 

minimis emissions reasonable. 

Additional details regarding Virginia’s 

amended regulations for its minor NSR 

program and EPA’s detailed analysis of 

those regulations for the Virginia SIP are 

located in the TSD in the docket for this 

action, available at 

www.regulations.gov, and will not be 

restated here. 

III. Final Action 

EPA is approving Virginia’s July 15, 

2013 submittal as a revision to the 

Virginia SIP because it meets the federal 

requirements of 40 CFR 51.160 and 

51.161, and CAA section 110(a)(2)(C). 

Additionally, the revisions (and in 

particular the deletions) are in 

accordance with section 110(l) of the 

CAA because they will not interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress, or any other applicable 

CAA requirement given de minimus 

emissions impacts and removal of 

duplicative measures. EPA is publishing 

this rule without prior proposal because 

EPA views this as a noncontroversial 

amendment and anticipates no adverse 

comment. However, in the ‘‘Proposed 

Rules’’ section of this Federal Register, 

EPA is publishing a separate document 

that will serve as the proposal to 

approve the SIP revision if adverse 

comments are filed. This rule will be 

effective on October 21, 2016 without 

further notice unless EPA receives 

adverse comment by September 21, 

2016. If EPA receives adverse comment, 

EPA will publish a timely withdrawal in 

the Federal Register informing the 

public that the rule will not take effect. 

EPA will address all public comments 

in a subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

IV. General Information Pertaining to 

SIP Submittals From the 

Commonwealth of Virginia 

In 1995, Virginia adopted legislation 

that provides, subject to certain 

conditions, for an environmental 

assessment (audit) ‘‘privilege’’ for 

voluntary compliance evaluations 

performed by a regulated entity. The 

legislation further addresses the relative 

burden of proof for parties either 

asserting the privilege or seeking 

disclosure of documents for which the 

privilege is claimed. Virginia’s 

legislation also provides, subject to 

certain conditions, for a penalty waiver 

for violations of environmental laws 

when a regulated entity discovers such 

violations pursuant to a voluntary 

compliance evaluation and voluntarily 

discloses such violations to the 

Commonwealth and takes prompt and 

appropriate measures to remedy the 

violations. Virginia’s Voluntary 

Environmental Assessment Privilege 

Law, Va. Code Sec. 10.1–1198, provides 

a privilege that protects from disclosure 

documents and information about the 

content of those documents that are the 

product of a voluntary environmental 

assessment. The Privilege Law does not 

extend to documents or information 

that: (1) Are generated or developed 

before the commencement of a 


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1 62 FR 27968 (May 22, 1997). 

voluntary environmental assessment; (2) 

are prepared independently of the 

assessment process; (3) demonstrate a 

clear, imminent and substantial danger 

to the public health or environment; or 

(4) are required by law. 

On January 12, 1998, the 

Commonwealth of Virginia Office of the 

Attorney General provided a legal 

opinion that states that the Privilege 

Law, Va. Code Sec. 10.1–1198, 

precludes granting a privilege to 

documents and information ‘‘required 

by law,’’ including documents and 

information ‘‘required by federal law to 

maintain program delegation, 

authorization or approval,’’ since 

Virginia must ‘‘enforce federally 

authorized environmental programs in a 

manner that is no less stringent than 

their federal counterparts . . . .’’ The 

opinion concludes that ‘‘[r]egarding 

§ 10.1–1198, therefore, documents or 

other information needed for civil or 

criminal enforcement under one of these 

programs could not be privileged 

because such documents and 

information are essential to pursuing 

enforcement in a manner required by 

federal law to maintain program 

delegation, authorization or approval.’’ 

Virginia’s Immunity law, Va. Code Sec. 

10.1–1199, provides that ‘‘[t]o the extent 

consistent with requirements imposed 

by federal law,’’ any person making a 

voluntary disclosure of information to a 

state agency regarding a violation of an 

environmental statute, regulation, 

permit, or administrative order is 

granted immunity from administrative 

or civil penalty. The Attorney General’s 

January 12, 1998 opinion states that the 

quoted language renders this statute 

inapplicable to enforcement of any 

federally authorized programs, since 

‘‘no immunity could be afforded from 

administrative, civil, or criminal 

penalties because granting such 

immunity would not be consistent with 

federal law, which is one of the criteria 

for immunity.’’ 

Therefore, EPA has determined that 

Virginia’s Privilege and Immunity 

statutes will not preclude the 

Commonwealth from enforcing its NSR 

program consistent with the federal 

requirements. In any event, because 

EPA has also determined that a state 

audit privilege and immunity law can 

affect only state enforcement and cannot 

have any impact on federal enforcement 

authorities, EPA may at any time invoke 

its authority under the CAA, including, 

for example, sections 113, 167, 205, 211 

or 213, to enforce the requirements or 

prohibitions of the state plan, 

independently of any state enforcement 

effort. In addition, citizen enforcement 

under section 304 of the CAA is 

likewise unaffected by this, or any, state 

audit privilege or immunity law. 

V. Incorporation by Reference 

In this rulemaking action, EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

Virginia regulations as described in the 

amendments to 40 CFR part 52 set forth 

below. Therefore, these materials have 

been approved by EPA for inclusion in 

the SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference by the 

Director of the Federal Register in the 

next update of the SIP compilation.1

The EPA has made, and will continue 

to make, these documents generally 

available electronically through 

www.regulations.gov and/or may be 

viewed at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

VI. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land as defined 

in 18 U.S.C. 1151 or in any other area 

where EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 21, 2016. Filing a 

petition for reconsideration by the 


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Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking action. This action 

pertaining to Virginia’s minor NSR 

program may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 9, 2016. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart VV—Virginia 

■ 2. In § 52.2420, the table in paragraph 

(c) is amended by: 

■ a. Removing the section entitled 

‘‘9VAC5, Chapter 80 Permits for 

Stationary Sources [Part VIII]’’ including 

the entries for Sections 5–80–10, 10A 

through 10P, VR120–08–01C.4.b and 

.01C.4.c, and 5–80–11; 

■ b. Revising the entries for Sections 5– 

50–240, 5–50–250, and 5–50–260; 

■ c. Adding the heading ‘‘Article 6— 

Permits for New and Modified 

Stationary Sources’’ and entries for 

Sections 5–80–1100 through 5–80–1300 

immediately following the entry for 5– 

80–1040. 

The revisions and additions read as 

follows: 

§ 52.2420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES

State 

citation Title/Subject 

State 

effective 

date 

EPA Approval date Explanation [former 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) 

5–50–240 Applicability and designation of 

affected facility.

11/7/12 8/22/16 [Insert Federal Register Citation].Paragraphs A and C are revised. 

5–50–250 Definitions ................................ 11/7/12 8/22/16 [Insert Federal Register Citation].Paragraphs A–C are revised. 

5–50–260 Standards for stationary 

sources.

11/7/12 8/22/16 [Insert Federal Register Citation].Paragraphs A–D are revised. 

*******

9 VAC 5, Chapter 80 Permits for Stationary Sources [Part VIII] 

*******

Article 6—Permits for New and Modified Stationary Sources 

5–80–1100 Applicability .............................. 11/7/12 8/22/16 [Insert Federal Register Citation].

5–80–1105 Permit Exemptions .................. 11/7/12 8/22/16 [Insert Federal Register Citation].Paragraph E is excluded. 

5–80–1110 Definitions ................................ 11/7/12 8/22/16 [Insert Federal Register Citation].The definition at paragraph 5 under ‘‘Regulated air pollutant,’’ and the definition of 

‘‘Toxic pollutant’’ are excluded. 

5–80–1120 General .................................... 11/7/12 8/22/16 [Insert Federal Register Citation].

5–80–1130 Reserved ................................. ........................ .................................................. Excluded from SIP. 

5–80–1140 Applications ............................. 11/7/12 8/22/16 [Insert Federal Register Citation].

5–80–1150 Application information required.11/7/12 8/22/16 [Insert Federal Register Citation].

5–80–1160 Action on permit application .... 11/7/12 8/22/16 [Insert Federal Register Citation].The latter portion of paragraph D (beginning 

with ‘‘. . . direct consideration by the board 

. . .’’) is excluded. 

5–80–1170 Public participation .................. 11/7/12 8/22/16 [Insert Federal Register Citation].Paragraphs F and G are excluded. See 

§ 52.2423(o). 


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EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued 

State 

citation Title/Subject 

State 

effective 

date 

EPA Approval date Explanation [former SIP citation] 

5–80–1180 Standards and conditions for 

granting permits.

11/7/12 8/22/16 [Insert Federal Register Citation].The portion of paragraph A.1 pertaining to 

hazardous air pollutant sources as proscribed under 9VAC5–60 is excluded. 

5–80–1190 Application review and analysis.11/7/12 8/22/16 [Insert Federal Register Citation].Paragraph 2 is excluded. 

5–80–1200 Compliance determination and 

verification by performance 

testing.

11/7/12 8/22/16 [Insert Federal Register Citation].

5–80–1210 Permit invalidation, suspension, revocation and enforcement.11/7/12 8/22/16 [Insert Federal Register Citation].Paragraph B is excluded. 

5–80–1220 Existence of permit no defense 11/7/12 8/22/16 [Insert Federal Register Citation].

5–80–1230 Compliance with local zoning .. 11/7/12 8/22/16 [Insert Federal Register Citation].

5–80–1240 Transfer of permits .................. 11/7/12 8/22/16 [Insert Federal Register Citation].

5–80–1250 General permits ....................... 11/7/12 8/22/16 [Insert Federal Register Citation].

5–80–1260 Action to combine permit terms 

and conditions.

11/7/12 8/22/16 [Insert Federal Register Citation].

5–80–1270 Actions to change permits ....... 11/7/12 8/22/16 [Insert Federal Register Citation].

5–80–1280 Administrative permit amendments.11/7/12 8/22/16 [Insert Federal Register Citation].

5–80–1290 Minor permit amendments ....... 11/7/12 8/22/16 [Insert Federal Register Citation].

5–80–1300 Significant amendment procedures.11/7/12 8/22/16 [Insert Federal Register Citation].

*******

* * * * * 

[FR Doc. 2016–19770 Filed 8–19–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2016–0247; FRL–9950–82– 

Region 4] 

Air Plan Approval; South Carolina; 

Prong 4–2008 Ozone, 2010 NO2, SO2, 

and 2012 PM2.5

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is conditionally 

approving the portions of revisions to 

the South Carolina State 

Implementation Plan (SIP), submitted 

by the South Carolina Department of 

Health and Environmental Control (SC 

DHEC), addressing the Clean Air Act 

(CAA or Act) visibility transport (prong 

4) infrastructure SIP requirements for 

the 2008 8-hour Ozone, 2010 1-hour 

Nitrogen Dioxide (NO2), 2010 1-hour 

Sulfur Dioxide (SO2), and 2012 annual 

Fine Particulate Matter (PM2.5) National 

Ambient Air Quality Standards 

(NAAQS). The CAA requires that each 

state adopt and submit a SIP for the 

implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by EPA, commonly 

referred to as an ‘‘infrastructure SIP.’’ 

Specifically, EPA is conditionally 

approving the prong 4 portions of South 

Carolina’s July 17, 2008, 8-hour Ozone 

infrastructure SIP submission; April 30, 

2014, 2010 1-hour NO2 infrastructure 

SIP submission; May 8, 2014, 2010 1- 

hour SO2 infrastructure SIP submission; 

and December 18, 2015, 2012 annual 

PM2.5 infrastructure SIP submission. All 

other applicable infrastructure 

requirements for these SIP submissions 

have been or will be addressed in 

separate rulemakings. 

DATES: This rule will be effective 

September 21, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2016–0247. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday 8:30 a.m. to 

4:30 p.m., excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman of the Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 


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