Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules 13251 

The rules of 26 CFR 601.601(a)(3) 

apply to the hearing. Persons who wish 

to present oral comments telephonically 

at the hearing that previously submitted 

written comments by February 10, 2021, 

must submit an outline on the topics to 

be addressed and the amount of time to 

be devoted to each topic by March 18, 

2021. 

A period of 10 minutes is allotted to 

each person for presenting oral 

comments. After the deadline for 

receiving outlines has passed, the IRS 

will prepare an agenda containing the 

schedule of speakers. Copies of the 

agenda will be made available (two days 

before the hearing) by emailing your 

request to publichearings@irs.gov. 

Please put ‘‘REG–101657–20 Agenda 

Request’’ in the subject line of the email. 

Individuals who want to attend (by 

telephone) the public hearing must also 

send an email to publichearings@irs.gov 

to receive the telephone number and 

access code for the hearing. The subject 

line of the email must contain the 

regulation number (REG–101657–20) 

and the word ‘‘ATTEND’’. For example, 

the subject line may say: Request to 

ATTEND Hearing for REG–101657–20. 

The email requesting to attend the 

public hearing must be received by 5:00 

p.m. two (2) business days before the 

date that the hearing is scheduled. 

The telephonic hearing will be made 

accessible to people with disabilities. To 

request special assistance during the 

telephonic hearing please contact the 

Publications and Regulations Branch of 

the Office of Associate Chief Counsel 

(Procedure and Administration) by 

sending an email to publichearings@

irs.gov (preferred) or by telephone at 

(202) 317–5177 (not a toll-free number) 

at least three (3) days prior to the date 

that the telephonic hearing is 

scheduled. 

Any questions regarding speaking at 

or attending a public hearing may also 

be emailed to publichearings@irs.gov. 

Crystal Pemberton, 

Senior Federal Register Liaison, Publications 

and Regulations Branch, Legal Processing 

Division, Associate Chief Counsel (Procedure 

and Administration). 

[FR Doc. 2021–04291 Filed 3–5–21; 8:45 am] 

BILLING CODE 4830–01–P 

OCCUPATIONAL SAFETY AND 

HEALTH REVIEW COMMISSION 

29 CFR Part 2204 

Rules Implementing the Equal Access 

to Justice Act 

AGENCY: Occupational Safety and Health 

Review Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document proposes to 

amend the Commission’s procedural 

rules implementing the Equal Access to 

Justice Act to closely conform with new 

model rules from the Administrative 

Conference of the United States. 

DATES: Comments must be received by 

April 7, 2021. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Email: ctellinghuisen@oshrc.gov. 

Include ‘‘Notice of proposed 

rulemaking, 29 CFR part 2204’’ in the 

subject line of the message. 

• Fax: 202–606–5417. 

• Mail or Hand Delivery/Courier: One 

Lafayette Centre, 1120 20th Street NW, 

Ninth Floor, Washington, DC 20036– 

3457. 

All submissions must include your 

name, return address, and email 

address, if applicable. Please clearly 

label submissions as ‘‘Notice of 

proposed rulemaking, 29 CFR part 

2204.’’ 

FOR FURTHER INFORMATION CONTACT: 

Carter Tellinghuisen, Attorney-Advisor, 

Office of the General Counsel, by 

telephone at (202) 606–5410 ext. 211, by 

email at ctellinghuisen@oshrc.gov, or by 

mail at 1120 20th Street NW, Ninth 

Floor, Washington, DC 20036–3457. 

SUPPLEMENTARY INFORMATION: 

I. Revisions to Part 2204 

The Occupational Safety and Health 

Review Commission (‘‘Commission’’) 

has established rules of procedure 

implementing the Equal Access to 

Justice Act (‘‘EAJA’’), 5 U.S.C. 504. 

EAJA directs Federal agencies to consult 

with the Administrative Conference of 

the United States (‘‘ACUS’’) to develop 

procedural rules to implement the 

provisions of the statute. The 

Commission’s existing rules for EAJA 

proceedings are based on model rules 

ACUS published in 1986. On August 8, 

2019, ACUS published Revised Model 

Rules for Implementation of the Equal 

Access to Justice Act to reflect 

subsequent amendments to the law and 

practice, and to promote greater 

accuracy and clarity. 84 FR 38934 

(August 8, 2019). The Commission has 

reviewed the Revised Model Rules and 

now proposes amendments to its 

procedural rules consistent with the 

amendments made by ACUS to the 

model rules. 

ACUS summarized and explained its 

amendments in the preamble to the 

amended model rules and in 

Administrative Conference 

Recommendation 2019–4. 84 FR 38934, 

38934 (August 8, 2019); 84 FR 38927, 

38933 (August 8, 2019). To the extent 

applicable, the Commission relies upon 

the rationale ACUS provided in those 

documents as the basis for the proposed 

amendments to the Commission’s rules. 

In addition, the Commission has 

determined that an adjustment for 

increases in the cost of living is 

appropriate in considering an 

applicant’s request for attorney or agent 

fees. Accordingly, pursuant to 5 U.S.C. 

504(b)(1)(A), the Commission proposes 

revising §§ 2204.303 and 2204.406(c)(2) 

to allow an applicant to request, with 

supporting documentation, an increase 

in hourly fees to account for inflation as 

measured by the consumer price index 

in the relevant locality. 

Generally, amendments to the 

Commission’s rules of procedure are not 

subject to the provisions of the 

Administrative Procedure Act requiring 

notice and opportunity for comment, 5 

U.S.C. 553(b)(3)(A). Because the 

Commission values the views of those 

who appear before it, however, public 

comment is invited on these proposed 

amendments. 

II. Statutory and Executive Order 

Reviews 

Executive Orders 12866 and 13132, 

and the Unfunded Mandates Reform 

Act of 1995: The Review Commission is 

an independent regulatory agency and, 

as such, is not subject to the 

requirements of E.O. 12866, E.O. 13132, 

or the Unfunded Mandates Reform Act, 

2 U.S.C. 1501 et seq. 

Regulatory Flexibility Act: Pursuant to 

5 U.S.C. 605(a), a regulatory flexibility 

analysis is not required because these 

proposed rules concern ‘‘interpretative 

rules, general statements of policy, or 

rules of agency organization, procedure, 

or practice’’ under 5 U.S.C. 553(b). 

Paperwork Reduction Act of 1995: 

The Review Commission has 

determined that the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq., 

does not apply because these proposed 

rules do not contain any information 

collection requirements that require the 

approval of the Office of Management 

and Budget (OMB). 

Congressional Review Act: These 

proposed revisions do not constitute a 

‘‘rule,’’ as defined by the Congressional 

Review Act, 5 U.S.C. 804(3)(C), because 

they involve changes to agency 

organization, procedure, or practice that 

do not substantially affect the rights or 

obligations of non-agency parties. 

List of Subjects in 29 CFR Part 2204 

Administrative practice and 

procedure, Equal access to justice. 

For the reasons set forth in the 

preamble, the Review Commission 


jbell on DSKJLSW7X2PROD with PROPOSALS
13252 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules 

proposes revising 29 CFR part 2204 to 

read as follows: 

PART 2204—IMPLEMENTATION OF 

THE EQUAL ACCESS TO JUSTICE 

ACT IN PROCEEDINGS BEFORE THE 

OCCUPATIONAL SAFETY AND 

HEALTH REVIEW COMMISSION 

Subpart A—General Provisions 

Sec. 

2204.101 Scope of this part. 

Subpart B—Definitions 

2204.201 Definitions. 

Subpart C—EAJA Application 

2204.301 Application requirements. 

2204.302 Net worth exhibit. 

2204.303 Documentation of fees and 

expenses. 

Subpart D—Procedures for Considering 

Applications 

2204.401 Filing and service of documents. 

2204.402 Answer to application. 

2204.403 Reply. 

2204.404 Settlement. 

2204.405 Further proceedings. 

2204.406 Decision. 

2204.407 Commission review. 

2204.408 Judicial review. 

2204.409 Stay of decision concerning 

award. 

2204.410 Waiver. 

2204.411 Payment of award. 

Authority: 5 U.S.C. 504. 

Subpart A—General Provisions 

§ 2204.101 Scope of this part. 

The Equal Access to Justice Act, 5 

U.S.C. 504 (called ‘‘EAJA’’ in this part), 

provides for the award of attorney or 

agent fees and other expenses to eligible 

individuals and entities who are parties 

to certain administrative proceedings 

(called ‘‘adversary adjudications’’) 

before the Occupational Safety and 

Health Review Commission. An eligible 

party may receive an award when it 

prevails over the Secretary of Labor, 

unless the Secretary’s position in the 

proceeding was substantially justified or 

special circumstances make an award 

unjust. Alternatively, an eligible party, 

even if not a prevailing party, may 

receive an award under 5 U.S.C. 

504(a)(4) when it successfully defends 

against an excessive demand made by 

the Secretary. 

Subpart B—Definitions 

§ 2204.201 Definitions. 

For the purposes of this part: 

Adversary adjudication means an 

adjudication under 5 U.S.C. 554 and 29 

U.S.C. 659(c) in which the position of 

the Secretary is represented by counsel 

or otherwise, subject to certain 

exclusions set forth in 5 U.S.C. 

504(b)(1)(C). 

Agent means any person other than an 

attorney who represents a party in a 

proceeding before the Commission 

pursuant to § 2200.22 of this chapter. 

Commission means the Occupational 

Safety and Health Review Commission. 

Demand means the express demand 

of the Secretary which led to the 

adversary adjudication, but does not 

include a recitation by the Secretary of 

the maximum statutory penalty: 

(1) In the administrative complaint; or 

(2) Elsewhere when accompanied by 

an express demand for a lesser amount. 

Excessive demand means a demand 

by the Secretary, in an adversary 

adjudication arising from the Secretary’s 

action to enforce a party’s compliance 

with a statutory requirement that is 

substantially in excess of the decision of 

the judge or Commission and is 

unreasonable when compared with such 

decision, under the facts and 

circumstances of the case. 

Final disposition means the date on 

which a decision or order disposing of 

the merits of the adversary adjudication 

or any other complete resolution of the 

adversary adjudication, such as a 

settlement or voluntary dismissal, 

become final and unappealable, both 

within the agency and to the courts. 

Judge means the Administrative Law 

Judge appointed under 29 U.S.C. 661(j) 

who presided over the adversary 

adjudication or presides over an EAJA 

proceeding. 

Party means a party, as defined in 5 

U.S.C. 551(3), who is: 

(1) An individual whose net worth 

did not exceed $2,000,000 at the time 

the adversary adjudication was 

initiated; or 

(2) Any owner of an unincorporated 

business, or any partnership, 

corporation, association, unit of local 

government, or organization, the net 

worth of which did not exceed 

$7,000,000 at the time the adversary 

adjudication was initiated, and which 

had not more than 500 employees at the 

time the adversary adjudication was 

initiated; except that an organization 

described in section 501(c)(3) of the 

Internal Revenue Code of 1986 exempt 

from taxation under section 501(a) of 

such Code, or a cooperative association 

as defined in section 15(a) of the 

Agricultural Marketing Act, may be a 

party regardless of the net worth of such 

organization or cooperative association. 

For purposes of 5 U.S.C. 504(a)(4), 

‘‘party’’ also includes a small entity as 

defined in 5 U.S.C. 601. 

Position of the Secretary means, in 

addition to the position taken by the 

Secretary in the adversary adjudication, 

the action or failure to act by the 

Secretary upon which the adversary 

adjudication is based, except that fees 

and other expenses may not be awarded 

to a party for any portion of the 

adversary adjudication in which the 

party has unreasonably protracted the 

proceedings. 

Secretary means the Secretary of 

Labor. 

Subpart C—EAJA Application 

§ 2204.301 Application requirements. 

(a) A party seeking an award under 

EAJA shall file an application with the 

judge that conducted the adversarial 

adjudication within 30 days after the 

final disposition of the adversary 

adjudication. 

(b) The application shall identify the 

applicant and the proceeding for which 

an award is sought. The application 

shall show that the applicant has 

prevailed and identify the position of 

the Secretary that the applicant alleges 

was not substantially justified; or, if the 

applicant has not prevailed, shall show 

that the Secretary’s demand was 

substantially in excess of the decision of 

the judge or Commission and was 

unreasonable when compared with that 

decision under the facts and 

circumstances of that case. The 

application shall also identify the 

Secretary’s position(s) in the proceeding 

that the applicant alleges was (were) not 

substantially justified or the Secretary’s 

demand that is alleged to be excessive 

and unreasonable. Unless the applicant 

is an individual, the application shall 

also state the number of employees of 

the applicant and briefly describe the 

type and purpose of its organization or 

business. 

(c) The application shall also show 

that the applicant meets the definition 

of ‘‘party’’ in § 2204.201(h), including 

adequate documentation of its net 

worth, as set forth in § 2204.302. 

(d) The application shall state the 

amount of fees and expenses for which 

an award is sought, subject to the 

requirements and limitations as set forth 

in 5 U.S.C. 504(b)(1)(A), with adequate 

documentation as set forth in 

§ 2204.303. 

(e) The application shall be signed by 

the applicant or an authorized officer, 

attorney, or agent of the applicant. It 

shall also contain or be accompanied by 

a written verification under penalty of 

perjury that the information provided in 

the application is true and correct. 

§ 2204.302 Net worth exhibit. 

(a) Each applicant except a qualified 

tax-exempt organization, cooperative 

association, or, in the case of an 

application for an award related to an 

allegedly excessive demand by the 


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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules 13253 

Secretary, a small entity as that term is 

defined by 5 U.S.C. 601(6), shall provide 

with its application a detailed exhibit 

showing the net worth of the applicant 

as required by § 2204.301(c) when the 

proceeding was initiated. The exhibit 

may be in any form convenient to the 

applicant that provides full disclosure 

of the applicant’s assets and liabilities 

and is sufficient to determine whether 

the applicant qualifies under excessive 

demand as defined in § 2204.201. The 

judge or Commission may require an 

applicant to file additional information 

to determine its eligibility for an award. 

(b) Ordinarily, the net worth exhibit 

will be included in the public record of 

the proceeding. However, an applicant 

that objects to public disclosure of 

information in any portion of the exhibit 

and believes there are legal grounds for 

withholding it from disclosure may 

request that the documents be filed 

under seal or otherwise be treated as 

confidential, pursuant to §§ 2200.8 and 

2200.52 of this chapter. 

§ 2204.303 Documentation of fees and 

expenses. 

The application shall be accompanied 

by adequate documentation of the fees 

and other expenses incurred after the 

initiation of the adversary adjudication, 

including, but not limited to, the 

reasonable cost of any study, analysis, 

engineering report, test, or project. An 

application seeking an increase in fees 

to account for inflation pursuant to 

§ 2200.406 of this chapter shall also 

include adequate documentation of the 

change in the consumer price index for 

the attorney or agent’s locality. With 

respect to a claim for fees and expenses 

involving an excessive demand by the 

Secretary, the application shall be 

accompanied by adequate 

documentation of such fees and 

expenses incurred after initiation of the 

adversary adjudication for which an 

award is sought attributable to the 

portion of the demand alleged to be 

excessive and unreasonable. A separate 

itemized statement shall be submitted 

for each professional firm or individual 

whose services are covered by the 

application, showing the hours spent in 

connection with the proceeding by each 

individual, a description of the specific 

services performed, the rate at which 

each fee has been computed, any 

expenses for which reimbursement is 

sought, the total amount claimed, and 

the total amount paid or payable by the 

applicant or by any other person or 

entity for the services provided. The 

judge or Commission may require the 

applicant to provide vouchers, receipts, 

or other substantiation for any fees or 

expenses claimed. 

Subpart D—Procedures for 

Considering Applications 

§ 2204.401 Filing and service of 

documents. 

Any application for an award, or any 

accompanying documentation related to 

an application shall be filed and served 

on all parties to the proceeding in 

accordance with §§ 2200.7 and 2200.8 of 

this chapter, except as provided in 

§ 2204.302(b) for confidential financial 

information. 

§ 2204.402 Answer to application. 

(a) Within 30 days after service of an 

application, the Secretary shall file an 

answer to the application. Unless the 

Secretary requests an extension of time 

for filing or files a statement of intent to 

negotiate under paragraph (b) of this 

section, failure to file an answer within 

the 30-day period may be treated as a 

consent to the award requested. 

(b) If the Secretary and the applicant 

believe that the issues in the fee 

application can be settled, they may 

jointly file a statement of their intent to 

negotiate a settlement. The filing of this 

statement shall extend the time for filing 

an answer for an additional 30 days, and 

further extensions may be granted by 

the judge upon request. 

(c) The answer shall explain in detail 

any objections to the award requested 

and identify the facts relied on in 

support of the Secretary’s position. If 

the answer is based on any alleged facts 

not already in the record of the 

proceeding, the Secretary shall include 

with the answer either supporting 

affidavits or a request for further 

proceedings under § 2204.405. 

§ 2204.403 Reply. 

Within 15 days after service of an 

answer, the applicant may file a reply. 

If the reply is based on any alleged facts 

not already in the record of the 

proceeding, the applicant shall include 

with the reply either supporting 

affidavits or a request for further 

proceedings under § 2204.405. 

§ 2204.404 Settlement. 

The applicant and the Secretary may 

agree on a proposed settlement of the 

award before final action on the 

application, either in connection with a 

settlement of the underlying adversary 

adjudication, or after the adversary 

adjudication has been concluded, in 

accordance with the Commission’s 

standard settlement procedures as set 

forth in § 2200.120 of this chapter. If a 

prevailing party and the Secretary agree 

on a proposed settlement of an award 

before an application has been filed, the 

application shall be filed with the 

proposed settlement. If a proposed 

settlement of an underlying proceeding 

provides that each side shall bear its 

own expenses and the settlement is 

accepted, no application may be filed. 

§ 2204.405 Further proceedings. 

(a) Ordinarily, the determination of an 

award will be made on the basis of the 

written record. However, on request of 

either the applicant or the Secretary, or 

on his or her own initiative, the judge 

presiding over an EAJA proceeding may, 

if necessary for a full and fair decision 

on the application, order the filing of 

additional written submissions; hold 

oral argument; or allow for discovery or 

hold an evidentiary hearing, but only as 

to issues other than whether the 

agency’s position was substantially 

justified (such as those involving the 

applicant’s eligibility or substantiation 

of fees and expenses). Any written 

submissions shall be made, oral 

argument held, discovery conducted, 

and evidentiary hearing held as 

promptly as possible so as not to delay 

a decision on the application for fees. 

Whether or not the position of the 

Secretary was substantially justified 

shall be determined on the basis of the 

administrative record, as a whole, 

which is made in the adversary 

adjudication for which fees and other 

expenses are sought. 

(b) A request for further proceedings 

under this section shall specifically 

identify the information sought or the 

disputed issues and shall explain why 

the additional proceedings are necessary 

to resolve the issues. 

§ 2204.406 Decision. 

The preparation and issuance of 

decision on the fee application shall be 

in accordance with § 2200.90 of this 

chapter. 

(a) For an application involving a 

prevailing party. The decision shall 

include written findings and 

conclusions on the applicant’s 

eligibility and status as a prevailing 

party and an explanation of the reasons 

for any difference between the amount 

requested and the amount awarded. The 

decision shall also include, if 

applicable, findings on whether the 

Secretary’s position was substantially 

justified, whether the applicant unduly 

protracted the proceedings, or whether 

special circumstances make an award 

unjust. 

(b) For an application involving an 

allegedly excessive agency demand. The 

decision shall include written findings 

and conclusions on the applicant’s 

eligibility and an explanation of the 

reasons why the agency’s demand was 

or was not determined to be 


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13254 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules 

substantially in excess of the underlying 

decision in the matter and whether the 

Secretary’s demand was or was not 

unreasonable. That determination shall 

be based upon all the facts and 

circumstances of the case. 

(c) Awards. The judge presiding over 

an EAJA proceeding or the Commission 

on review may reduce the amount to be 

awarded, or deny any award, to the 

extent that the party during the course 

of the proceedings engaged in conduct 

which unduly and unreasonably 

protracted the final resolution of the 

matter in controversy. 

(1) Awards shall be based on rates 

customarily charged by persons engaged 

in the business of acting as attorneys, 

agents and expert witnesses, even if the 

services were made available without 

charge or at a reduced rate to the 

applicant. 

(2) An award for the fee of an attorney 

or agent under this part shall not exceed 

the hourly rate specified in 5 U.S.C. 

504(b)(1)(A), except to account for 

inflation since the last update of the 

statute’s maximum award upon the 

request of the applicant as documented 

in the application pursuant to 

§ 2204.303. An award to compensate an 

expert witness shall not exceed the 

highest rate at which the Secretary pays 

expert witnesses. However, an award 

may include the reasonable expenses of 

the attorney, agent or witness as a 

separate item, if the attorney, agent or 

witness ordinarily charges clients 

separately for such expenses. 

(3) In determining the reasonableness 

of the fee sought for an attorney, agent, 

or expert witness, the following shall be 

considered: 

(i) If the attorney, agent, or witness is 

in private practice, his or her customary 

fee for similar services, or, if an 

employee of the applicant, the fully 

allocated cost of the services; 

(ii) The prevailing rate for similar 

services in the community in which the 

attorney, agent, or witness ordinarily 

perform services; 

(iii) The time actually spent in the 

representation of the applicant; 

(iv) The time reasonably spent in light 

of the difficulty or complexity of the 

issues in the proceeding; and 

(v) Such other factors as may bear on 

the value of the services provided. 

(4) The reasonable cost of any study, 

analysis, engineering report, test, 

project, or similar matter prepared on 

behalf of the party may be awarded, to 

the extent that the charge for the service 

does not exceed the prevailing rate for 

similar services, and the study or other 

matter was necessary for preparation of 

the applicant’s case. 

§ 2204.407 Commission review. 

Either the applicant or the Secretary 

may seek review of the judge’s decision 

on the fee application, and the 

Commission may grant such a petition 

for review or direct review of the 

decision on the Commission’s own 

initiative. Review by the Commission 

shall be in accordance with §§ 2200.91 

and 2200.92 of this chapter. 

§ 2204.408 Judicial review. 

Judicial review of final decisions on 

awards may be sought as provided in 5 

U.S.C. 504(c)(2). 

§ 2204.409 Stay of decision concerning 

award. 

Any proceedings on an application for 

fees under this part shall be 

automatically stayed until the adversary 

adjudication has become a final 

disposition. 

§ 2204.410 Waiver. 

After reasonable notice to the parties, 

the judge or the Commission may waive, 

for good cause shown, any provision 

contained in this part as long as the 

waiver is consistent with the terms and 

purpose of the EAJA. 

§ 2204.411 Payment of award. 

An applicant seeking payment of an 

award shall submit to the officer 

designated by the Secretary a copy of 

the Commission’s final decision 

granting the award, accompanied by a 

certification that the applicant will not 

seek review of the decision in the 

United States courts. 

Cynthia L. Attwood, 

Chair. 

[FR Doc. 2021–04140 Filed 3–5–21; 8:45 am] 

BILLING CODE 7600–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2020–0596; FRL10019–52– 

Region 3] 

Air Plan Approval; Virginia; Revised 

RACT Permit for Roanoke Electric 

Steel/Steel Dynamics, Inc. 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the Commonwealth of 

Virginia. The revision consists of 

amendments to a federally enforceable 

state operating permit (FESOP) which 

was previously incorporated into the 

Virginia SIP in order to implement 

reasonably available control technology 

(RACT) for nitrogen oxide (NOX) 

emissions from Steel Dynamics, Inc. 

(hereafter ‘‘SDI,’’ formerly Roanoke 

Electric Steel). This action is being 

taken under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before April 7, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2020–0596 at https://

www.regulations.gov, or via email to 

gordon.mike@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

David Talley, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, PA 19103. 

The telephone number is (215) 814– 

2117. Mr. Talley can also be reached via 

electronic mail at talley.david@epa.gov. 

SUPPLEMENTARY INFORMATION: On April 

14, 2020, the Virginia Department of 

Environmental Quality (VADEQ), on 

behalf of the Commonwealth of 

Virginia, formally submitted the 

amended permit as a revision to the 

Virginia SIP. 

I. Background 

Prior to the establishment of 

nonattainment areas for the 1997 8-hour 

ozone national ambient air quality 

standards (NAAQS), EPA developed a 


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