ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0009; FRL

Approval and Promulgation of Air Quality Implementation Plans;

Virginia; Opacity Source Surveillance Methods

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to approve the State Implementation Plan (SIP) revision submitted

by the Commonwealth of Virginia for the purpose of updating methods for determining

comp’iance with opacity standards for existing, new and modified stationary sources in Virginia.

In th Final Rules section ofthis Federal Register, EPA is approving the State’s SIP submittal as

a direct final rule without prior proposal because the Agency views this as a noncontroversial

submttal and anticipates no adverse comments. A detailed rationale for the approval is set forth

in the direct final rule. If no adverse comments are received in response to this action, no further

activity is contemplated. If EPA receives adverse comments, the direct final rule will be

withdrawn and all public comments received will be addressed in a subsequent final rule based

on this proposed rule. EPA will not institute a second comment period. Any parties interested in

comn tenting on this action should do so at this time.

DATS: Comments must be received in writing by [insert date 30 days from date of

publiçjoJ

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-R03-OAR-
2010-0009 by one of the following methods:

A. www.reu1ations.gov. Follow the on-line instructions for submitting comments.

B. E-mail: fernandez.cristina@epa.gov

C. Mail: EPA-R03-OAR-2010-0009, Cristina Fernandez, Associate Director, Office of Air

Program Planning, Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650

Arch Street, Philadelphia, Pennsylvania 19103.

D. Hand Delivery: At the previously-listed EPA Region III address. Such deliveries are only

accepted during the Docket’s normal hours of operation, and special arrangements should be

made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-2010-0009. EPA’s

policy is that all comments received will be included in the public docket without change, and

may be made available online at www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be Confidential Business

Information (CBI) or other information whose disclosure is restricted by statute. Do not submit

information that you consider to be CBI or otherwise protected through www.regulations.gov or

e-mail. The www.regulations.gov website is an “anonymous access” system, which means EPA

will not know your identity or contact information unless you provide it in the body of your

comment. If you send an e-mail comment directly to EPA without going through

—---—---iregulationsgov, your-e-mail address-will- be automatically captured andincluded as part of

the comment that is placed in the public docket and made available on the Internet. If you submit

an electronic comment, EPA recommends that you include your name and other contact

information in the body of your comment and with any disk or CD-ROM you submit. If EPA

2
cannot read your comment due to technical difficulties and cannot contact you for clarification,

EPA may not be able to consider yOur comment. Electronic files should avoid the use ofspecial

characters, any form of encryption, and be free of any defects or viruses.

Docket; All documents in the electronic docket are listed in the www.regulations.gov index.

Although listed in the index, some information is not publicly available, i.e., 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 either electronically in www.regulations.gov or

in hard copy during normal business hours at the Air Protection Division, U.S. Environmental

Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of

the State submittal are available at the Virginia Department of Environmental Quality, 629 East

Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by e-mail

at pino.mariaepa.gov.

3
SUPPLEMENTARY INFORMATION:

For further information on this action, which revises the Virginia SIP to update methods for

determining compliance with opacity standards for existing, new and modified stationary

sources, please see the information provided in the direct final action, with the same title, that is

located in the “Rules and Regulations” section of this Federal Register publication. 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 ofthe rule, EPA may adopt as final those

provisions of the rule that are not the subject of an adverse comment.

FEB U 1 2010

Dated:

4