Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / Rules and Regulations 72691 

1The reader may refer to the notice of proposed 

rulemaking, December 5, 1991 (56 FR 63774), and 

the preamble to the final rule promulgated 

September 4, 1992 (57 FR 40792), for further 

background and information on the OCS 

regulations. 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

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

Thus, in reviewing SIP submissions, the 

EPA’s role is to review state choices, 

and approve those choices if they meet 

the minimum criteria of the Act. 

Accordingly, this proposed action 

disapproves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. 

The air agency did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. EPA did not perform an EJ 

analysis and did not consider EJ in this 

action. Due to the nature of the action 

being taken here, this action is expected 

to have a neutral to positive impact on 

the air quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

This action merely proposes to 

disapprove a SIP submission as not 

meeting the CAA. 

K. Congressional Review Act (CRA)

This action is subject to the CRA, and

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

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

L. 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 June 16, 2023. Filing a 

petition for reconsideration by the 

Administrator of this final action 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 action. This action pertaining to 

the disapproval of these portions of 

Delaware’s November 22, 2016, 

submittal, 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Volatile organic 

compounds. 

Adam Ortiz, 

Regional Administrator, Region III. 

[FR Doc. 2023–23242 Filed 10–20–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R03–OAR–2021–0767; FRL–9366–02– 

R3] 

Outer Continental Shelf Air 

Regulations; Consistency Update for 

Virginia 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is updating a portion of 

the Outer Continental Shelf (OCS) Air 

Regulations. Requirements applying to 

OCS sources located within 25 miles of 

states’ seaward boundaries must be 

updated periodically to remain 

consistent with the requirements of the 

corresponding onshore area (COA), as 

mandated by the Clean Air Act (CAA). 

The portion of the OCS air regulations 

that is being updated pertains to the 

requirements for OCS sources for which 

Virginia is the designated COA. The 

Commonwealth of Virginia’s 

requirements discussed in this 

document will be incorporated by 

reference into the Code of Federal 

Regulations (CFR) and listed in the 

appendix to the Federal OCS air 

regulations. 

DATES: This final rule is effective on 

November 22, 2023. The incorporation 

by reference of certain publications 

listed in this rule is approved by the 

Director of the Federal Register as of 

November 22, 2023. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2021–0767. All 

documents in the docket are listed on 

the www.regulations.gov website. 

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 www.regulations.gov,

or at the U.S. Environmental Protection

Agency, EPA Region 3 Regional Office,

Air and Radiation Division, Four Penn

Center, 1600 JFK Blvd., Philadelphia,

PA 19103. EPA requests that you

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to

schedule your inspection.

FOR FURTHER INFORMATION CONTACT: 

Gwendolyn Supplee, Permits Branch 

(3AD10), Air & Radiation Division, U.S. 

Environmental Protection Agency, 

Region III, Four Penn Center, 1600 John 

F. Kennedy Boulevard, Philadelphia,

Pennsylvania 19103. The telephone

number is (215) 814–2763. Ms. Supplee

can also be reached via electronic mail

at supplee.gwendolyn@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background and Purpose

II. Public Comments and EPA Responses

III. Final Action

IV. Incorporation by Reference

V. Statutory and Executive Order Reviews

I. Background and Purpose

On September 4, 1992, EPA

promulgated 40 CFR part 55,1 which 

established requirements to control air 

pollution from OCS sources in order to 

attain and maintain Federal and state 

ambient air quality standards and to 

comply with the provisions of part C of 

title I of the CAA. The regulations at 40 

CFR part 55 apply to all OCS sources 

offshore of the states except those 

located in the Gulf of Mexico west of 

87.5 degrees longitude. Section 328 of 

the CAA requires that for such sources 

located within 25 miles of a state’s 

seaward boundary, the requirements 

shall be the same as would be 

applicable if the sources were located in 

the COA. Because the OCS requirements 

are based on onshore requirements, and 

onshore requirements may change, 

section 328(a)(1) requires that EPA 

update the OCS requirements as 


lotter on DSK11XQN23PROD with RULES1
72692 Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / Rules and Regulations 

2Each COA which has been delegated the 

authority to implement and enforce part 55 will use 

its administrative and procedural rules as onshore. 

However, in those instances where EPA has not 

delegated authority to implement and enforce 40 

CFR part 55, EPA will use its own administrative 

and procedural requirements to implement the 

substantive requirements. See 40 CFR 55.14(c)(4). 

necessary to maintain consistency with 

onshore requirements. 

On February 10, 2022 (87 FR 7790), 

EPA published a notice of proposed 

rulemaking (NPRM) proposing to 

incorporate various Virginia air 

pollution control requirements into 40 

CFR part 55. Pursuant to 40 CFR 55.12, 

consistency reviews will occur: (1) at 

least annually; (2) upon receipt of a 

Notice of Intent (NOI) under 40 CFR 

55.4; or (3) when a state or local agency 

submits a rule to EPA to be considered 

for incorporation by reference in 40 CFR 

part 55. EPA’s NPRM proposed to 

approve an annual update pursuant to 

40 CFR 55.12(b). Subsequent to EPA’s 

February 10, 2022, NPRM, Virginia 

amended state regulations relevant to 

the OCS, effective March 15, 2023. EPA 

intends to address these post-NPRM 

state amendments in its next annual 

update consistent with 40 CFR 55.12. 

This action addresses only those 

regulations identified for incorporation 

in NPRM, namely the Virginia 

regulations that were updated as of 

September 8, 2021. 

EPA reviewed the Virginia 

Department of Environmental Quality 

(‘‘Virginia DEQ’’) air rules for inclusion 

in 40 CFR part 55 in this action to 

ensure that they are rationally related to 

the attainment or maintenance of 

Federal or state ambient air quality 

standards and compliance with part C of 

title I of the CAA, that they are not 

designed expressly to prevent 

exploration and development of the 

OCS, and that they are potentially 

applicable to OCS sources. See 40 CFR 

55.1. EPA has also evaluated the rules 

to ensure they are not arbitrary or 

capricious. See 40 CFR 55.12(e). In 

addition, EPA has excluded 

administrative or procedural rules,2 and 

requirements that regulate toxics which 

are not related to the attainment and 

maintenance of Federal and state 

ambient air quality standards. 

Section 328(a) of the CAA requires 

that EPA establish requirements to 

control air pollution from OCS sources 

located within 25 miles of states’ 

seaward boundaries that are the same as 

onshore requirements. To comply with 

this statutory mandate, EPA must 

incorporate applicable onshore rules 

into 40 CFR part 55 as they exist 

onshore. This limits EPA’s flexibility in 

deciding which requirements will be 

incorporated into 40 CFR part 55 and 

prevents EPA from making substantive 

changes to the requirements it 

incorporates. As a result, EPA may be 

incorporating rules into 40 CFR part 55 

that do not conform to all of EPA’s state 

implementation plan (SIP) guidance or 

certain requirements of the CAA. 

Consistency updates may result in the 

inclusion of state or local rules or 

regulations into 40 CFR part 55, even 

though the same rules may ultimately be 

disapproved for inclusion as part of the 

SIP. Inclusion in the OCS rule does not 

imply that a rule meets the requirements 

of the CAA for SIP approval, nor does 

it imply that the rule will be approved 

by EPA for inclusion in the SIP. 

The specific requirements of the 

consistency update and the rationale for 

EPA’s action are explained in the 

February 10, 2022, NPRM. No 

comments were received on the NPRM. 

II. Public Comments and EPA 

Responses 

EPA did not receive any comments on 

the February 10, 2022, NPRM, 87 FR 

7790. 

III. Final Action 

EPA is taking final action to 

incorporate the rules potentially 

applicable to OCS sources for which the 

Commonwealth of Virginia will be the 

COA. The rules that EPA is taking final 

action to incorporate are applicable 

provisions of the Virginia 

Administrative Code (VAC). The 

Virginia regulatory changes that EPA is 

taking final action to incorporate are (1) 

Chapter 20, General Provisions— 

9VAC5–20–21, Documents incorporated 

by reference; (2) Chapter 50, New and 

Modified Stationary Sources—9VAC5– 

50–400. General; (3) Chapter 60, 

Hazardous Air Pollutant Sources— 

9VAC5–60–60. General; (4) Chapter 60, 

Hazardous Air Pollutant Sources— 

9VAC5–60–90, as amended through 

September 8, 2021. The rules that EPA 

is taking final action to incorporate will 

replace the rules identified in the 

February 10, 2022, NPRM and 

previously incorporated into 

‘‘Commonwealth of Virginia 

Requirements Applicable to OCS 

Sources,’’ dated February 20, 2019. See 

84 FR 56121; October 21, 2019. This 

action will have no effect on any 

provisions that were not subject to 

changes by Virginia and were also 

previously incorporated by reference 

into 40 CFR part 55 through EPA’s 

October 21, 2019 (84 FR 56121) final 

rule. 

IV. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, EPA is finalizing the 

incorporation by reference of 

‘‘Commonwealth of Virginia 

Requirements Applicable to OCS 

Sources,’’ dated September 8, 2021, 

which provides the text of the Virginia 

DEQ air rules in effect as of September 

8, 2021, that would apply to OCS 

sources. EPA has made, and will 

continue to make, these materials 

available through www.regulations.gov 

and at the EPA Region III Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to establish 

requirements to control air pollution 

from OCS sources located within 25 

miles of states’ seaward boundaries that 

are the same as onshore air pollution 

control requirements. To comply with 

this statutory mandate, EPA must 

incorporate applicable onshore rules 

into 40 CFR part 55 as they exist 

onshore. See 42 U.S.C. 7627(a)(1); 40 

CFR 55.12. Thus, in promulgating OCS 

consistency updates, EPA’s role is to 

maintain consistency between OCS 

regulations and the regulations of 

onshore areas, provided that they meet 

the criteria of the CAA. Accordingly, 

this action simply updates the existing 

OCS requirements to make them 

consistent with requirements onshore, 

without the exercise of any policy 

direction by EPA. 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 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / Rules and Regulations 72693 

3OMB’s approval of the information collection 

requirement (ICR) can be viewed at 

www.reginfo.gov. 

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); and 

• 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. 

Additionally, Executive Order 12898 

(59 FR 7629, February 16, 1994) directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations (people of color and/or 

Indigenous peoples) and low-income 

populations. 

EPA believes that this specific action 

does not concern human health or 

environmental conditions and therefore 

cannot be evaluated with respect to 

potentially disproportionate and 

adverse effects on people of color, lowincome populations and/or Indigenous 

peoples. This action simply fulfills 

EPA’s statutory mandate to ensure 

regulatory consistency between the COA 

and inner OCS consistent with the 

stated objectives of CAA section 

328(a)(1). Specifically, section 328(a)(1) 

requires EPA to establish requirements 

to control air pollution from OCS 

sources ‘‘to attain and maintain Federal 

and State ambient air quality standards 

and to comply with the provisions of 

part C of [title I of the CAA]’’ and, for 

inner OCS sources (located within 25 

miles of the seaward boundary of such 

states), to establish requirements that 

are ‘‘the same as would be applicable if 

the source were located in the COA.’’ 

This section of the Act also states that 

‘‘the Administrator shall update such 

requirements as necessary to maintain 

consistency with onshore regulations 

and this chapter.’’ As noted in the 

preamble, compliance with this 

requirement limits EPA’s discretion in 

deciding what will be incorporated into 

40 CFR part 55. 

From the time of EPA’s last 

consistency update for Virginia (84 FR 

56121, October 21, 2019) to the 

publication of the NPRM (87 FR 7790, 

February 10, 2022), state regulations 

relevant to the OCS were simply 

amended to update references to the 

CFR. This action incorporates into the 

CFR those minor updates to state 

regulations, which are already effective 

onshore, to ensure regulatory 

consistency with the COA as mandated 

by CAA section 328(a)(1). This is a 

routine and ministerial consistency 

update that does not directly affect any 

human health or environmental 

conditions in the commonwealth of 

Virginia. In addition, EPA provided for 

meaningful public involvement on this 

rule through the notice and comment 

process, through which EPA received no 

comments. This rule was in addition to 

the State-level notice and comment 

process held by Virginia. 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because it does not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

nor does it impose substantial direct 

compliance costs on tribal governments 

or preempt tribal law. 

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). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 22, 

2023. 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 may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).). 

This action does not impose any new 

information collection burden under the 

Paper Reduction Act (PRA). See 44 

U.S.C 3501. The Office of Management 

and Budget (OMB) has previously 

approved the information collection 

activities contained in the existing 

regulations at 40 CFR part 55 and, by 

extension, this update to part 55, and 

has assigned OMB control number 

2060–0249.3 This action does not 

impose a new information burden under 

PRA because this action only updates 

the state rules that are incorporated by 

reference into 40 CFR part 55, appendix 

A. 

List of Subjects in 40 CFR Part 55 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Outer continental 

shelf, Ozone, Particulate matter, 

Permits, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Adam Ortiz, 

Regional Administrator, Region III. 

Part 55 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 55—OUTER CONTINENTAL 

SHELF AIR REGULATIONS 

■ 1. The authority citation for part 55 

continues to read as follows: 

Authority: Section 328 of the Clean Air 

Act (42 U.S.C. 7401 et seq.) as amended by 

Pub. L. 101–549. 

■ 2. Section 55.14 is amended by 

revising paragraph (e)(22)(i)(A) to read 

as follows: 

§ 55.14 Requirements that apply to OCS 

sources located within 25 miles of States’ 

seaward boundaries, by State. 

* * * * * 

(e) * * * 

(22) * * * 

(i) * * * 

(A) Commonwealth of Virginia 

Requirements Applicable to OCS 

Sources, September 8, 2021. 

* * * * * 

■ 3. Appendix A to part 55 is amended 

by revising paragraph (a)(1) under the 

heading ‘‘Virginia’’ to read as follows: 

Appendix A to Part 55—Listing of State 

and Local Requirements Incorporated 

by Reference Into Part 55, by State 

* * * * * 

Virginia: 

(a) * * * 


lotter on DSK11XQN23PROD with RULES1
72694 Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / Rules and Regulations 

(1) The following Commonwealth of 

Virginia requirements are applicable to OCS 

Sources, September 8, 2021, Commonwealth 

of Virginia—Virginia Department of 

Environmental Quality. 

The following sections of Virginia 

Regulations for the Control and Abatement of 

Air Pollution Control (VAC), Title 9, Agency 

5: 

Chapter 10—General Definitions 

(Effective 05/19/2017) 

9VAC5–10–10. General. 

9VAC5–10–20. Terms defined. 

9VAC5–10–30. Abbreviations. 

Chapter 20—General Provisions 

(Effective 02/19/2018 Except Where Noted) 

Part I—Administrative 

9VAC5–20–10. Applicability. 

9VAC5–20–21. Documents incorporated by 

reference. (Effective 11/11/2020). 

9VAC5–20–50. Variances. 

9VAC5–20–70. Circumvention. 

9VAC5–20–80. Relationship of state 

regulations to Federal regulations. 

9VAC5–20–121. Air quality program policies 

and procedures. 

Part II—Air Quality Programs 

9VAC5–20–160. Registration. 

9VAC5–20–170. Control programs. 

9VAC5–20–180. Facility and control 

equipment maintenance or malfunction. 

9VAC5–20–200. Air quality control regions. 

9VAC5–20–203. Maintenance areas. 

9VAC5–20–204. Nonattainment areas. 

9VAC5–20–205. Prevention of significant 

deterioration areas. 

9VAC5–20–206. Volatile organic compound 

and nitrogen oxides emission control 

areas. 

9VAC5–20–220. Shutdown of a stationary 

source. 

9VAC5–20–230. Certification of documents. 

Chapter 30—Ambient Air Quality 

Standards 

(Effective 05/15/2017) 

9VAC5–30–10. General. 

9VAC5–30–15. Reference conditions. 

9VAC5–30–30. Sulfur oxides (sulfur 

dioxide). 

9VAC5–30–40. Carbon monoxide. 

9VAC5–30–50. Ozone (1-hour). 

9VAC5–30–55. Ozone (8-hour, 0.08 ppm). 

9VAC5–30–56. Ozone (8-hour, 0.075 ppm). 

9VAC5–30–57. Ozone (8-hour, 0.070 ppm). 

9VAC5–30–60. Particulate matter (PM10). 

9VAC5–30–65. Particulate matter (PM2.5). 

9VAC5–30–66. Particulate matter (PM2.5). 

9VAC5–30–67. Particulate matter (PM2.5). 

9VAC5–30–70. Oxides of nitrogen with 

nitrogen dioxide as the indicator. 

9VAC5–30–80. Lead. 

Chapter 40—Existing Stationary Sources 

Part I—Special Provisions 

(Effective 12/12/2007) 

9VAC5–40–10. Applicability. 

9VAC5–40–20. Compliance. 

9VAC5–40–21. Compliance schedules. 

9VAC5–40–22. Interpretation of emission 

standards based on process weight-rate 

tables. 

9VAC5–40–30. Emission testing. 

9VAC5–40–40. Monitoring. 

9VAC5–40–41. Emission monitoring 

procedures for existing sources. 

9VAC5–40–50. Notification, records and 

reporting. 

Part II—Emission Standards 

Article 1—Visible Emissions and Fugitive 

Dust/Emissions 

(Effective 02/01/2003) 

9VAC5–40–60. Applicability and designation 

of affected facility. 

9VAC5–40–70. Definitions. 

9VAC5–40–80. Standard for visible 

emissions. 

9VAC5–40–90. Standard for fugitive dust/ 

emissions. 

9VAC5–40–100. Monitoring. 

9VAC5–40–110. Test methods and 

procedures. 

9VAC5–40–120. Waivers. 

Article 4—General Process Operations 

(Effective 12/15/2006) 

9VAC5–40–240. Applicability and 

designation of affected facility. 

9VAC5–40–250. Definitions. 

9VAC5–40–260. Standard for particulate 

matter (AQCR 1–6). 

9VAC5–40–270. Standard for particulate 

matter (AQCR 7). 

9VAC5–40–280. Standard for sulfur dioxide. 

9VAC5–40–290. Standard for hydrogen 

sulfide. 

9VAC5–40–320. Standard for visible 

emissions. 

9VAC5–40–330. Standard for fugitive dust/ 

emissions. 

9VAC5–40–360. Compliance. 

9VAC5–40–370. Test methods and 

procedures. 

9VAC5–40–380. Monitoring. 

9VAC5–40–390. Notification, records and 

reporting. 

9VAC5–40–400. Registration. 

9VAC5–40–410. Facility and control 

equipment maintenance or malfunction. 

9VAC5–40–420. Permits. 

Article 7—Incinerators 

(Effective 01/01/1985) 

9VAC5–40–730. Applicability and 

designation of affected facility. 

9VAC5–40–740. Definitions. 

9VAC5–40–750. Standard for particulate 

matter. 

9VAC5–40–760. Standard for visible 

emissions. 

9VAC5–40–770. Standard for fugitive dust/ 

emissions. 

9VAC5–40–800. Prohibition of flue-fed 

incinerators. 

9VAC5–40–810. Compliance. 

9VAC5–40–820. Test methods and 

procedures. 

9VAC5–40–830. Monitoring. 

9VAC5–40–840. Notification, records and 

reporting. 

9VAC5–40–850. Registration. 

9VAC5–40–860. Facility and control 

equipment maintenance or malfunction. 

9VAC5–40–870. Permits. 

Article 8—Fuel Burning Equipment 

(Effective 01/01/2002) 

9VAC5–40–880. Applicability and 

designation of affected facility. 

9VAC5–40–890. Definitions. 

9VAC5–40–900. Standard for particulate 

matter. 

9VAC5–40–910. Emission allocation system. 

9VAC5–40–920. Determination of collection 

equipment efficiency factor. 

9VAC5–40–930. Standard for sulfur dioxide. 

9VAC5–40–940. Standard for visible 

emissions. 

9VAC5–40–950. Standard for fugitive dust/ 

emissions. 

9VAC5–40–980. Compliance. 

9VAC5–40–990. Test methods and 

procedures. 

9VAC5–40–1000. Monitoring. 

9VAC5–40–1010. Notification, records and 

reporting. 

9VAC5–40–1020. Registration. 

9VAC5–40–1030. Facility and control 

equipment maintenance or malfunction. 

9VAC5–40–1040. Permits. 

Article 14—Sand-Gravel Processing; Stone 

Quarrying & Processing 

(Effective 01/01/1985) 

9VAC5–40–1820. Applicability and 

designation of affected facility. 

9VAC5–40–1830. Definitions. 

9VAC5–40–1840. Standard for particulate 

matter. 

9VAC5–40–1850. Standard for visible 

emissions. 

9VAC5–40–1860. Standard for fugitive dust/ 

emissions. 

9VAC5–40–1890. Compliance. 

9VAC5–40–1900. Test methods and 

procedures. 

9VAC5–40–1910. Monitoring. 

9VAC5–40–1920. Notification, records and 

reporting. 

9VAC5–40–1930. Registration. 

9VAC5–40–1940. Facility and control 

equipment maintenance or malfunction. 

9VAC5–40–1950. Permits. 

Article 17—Woodworking Operations 

(Effective 01/01/1985) 

9VAC5–40–2250. Applicability and 

designation of affected facility. 

9VAC5–40–2260. Definitions. 

9VAC5–40–2270. Standard for particulate 

matter. 

9VAC5–40–2280. Standard for visible 

emissions. 

9VAC5–40–2290. Standard for fugitive dust/ 

emissions. 

9VAC5–40–2320. Compliance. 

9VAC5–40–2330. Test methods and 

procedures. 

9VAC5–40–2340. Monitoring. 

9VAC5–40–2350. Notification, records and 

reporting. 

9VAC5–40–2360. Registration. 

9VAC5–40–2370. Facility and control 

equipment maintenance or malfunction. 

9VAC5–40–2380. Permits. 

Article 18—Primary and Secondary Metal 

Operations 

(Effective 01/01/1985) 

9VAC5–40–2390. Applicability and 

designation of affected facility. 

9VAC5–40–2400. Definitions. 

9VAC5–40–2410. Standard for particulate 

matter. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / Rules and Regulations 72695 

9VAC5–40–2420. Standard for sulfur oxides. 

9VAC5–40–2430. Standard for visible 

emissions. 

9VAC5–40–2440. Standard for fugitive dust/ 

emissions. 

9VAC5–40–2470. Compliance. 

9VAC5–40–2480. Test methods and 

procedures. 

9VAC5–40–2490. Monitoring. 

9VAC5–40–2500. Notification, records and 

reporting. 

9VAC5–40–2510. Registration. 

9VAC5–40–2520. Facility and control 

equipment maintenance or malfunction. 

9VAC5–40–2530. Permits. 

Article 19—Lightweight Aggregate Process 

Operations 

(Effective 01/01/1985) 

9VAC5–40–2540. Applicability and 

designation of affected facility. 

9VAC5–40–2550. Definitions. 

9VAC5–40–2560. Standard for particulate 

matter. 

9VAC5–40–2570. Standard for sulfur oxides. 

9VAC5–40–2580. Standard for visible 

emissions. 

9VAC5–40–2590. Standard for fugitive dust/ 

emissions. 

9VAC5–40–2620. Compliance. 

9VAC5–40–2630. Test methods and 

procedures. 

9VAC5–40–2640. Monitoring. 

9VAC5–40–2650. Notification, records and 

reporting. 

9VAC5–40–2660. Registration. 

9VAC5–40–2670. Facility and control 

equipment maintenance or malfunction. 

9VAC5–40–2680. Permits. 

Article 24—Solvent Metal Cleaning 

Operations 

(Effective 03/24/2004) 

9VAC5–40–3260. Applicability and 

designation of affected facility. 

9VAC5–40–3270. Definitions. 

9VAC5–40–3280. Standard for volatile 

organic compounds. 

9VAC5–40–3290. Control technology 

guidelines. 

9VAC5–40–3300. Standard for visible 

emissions. 

9VAC5–40–3310. Standard for fugitive dust/ 

emissions. 

9VAC5–40–3340. Compliance. 

9VAC5–40–3350. Test methods and 

procedures. 

9VAC5–40–3360. Monitoring. 

9VAC5–40–3370. Notification, records and 

reporting. 

9VAC5–40–3380. Registration. 

9VAC5–40–3390. Facility and control 

equipment maintenance or malfunction. 

9VAC5–40–3400. Permits. 

Article 25—VOC Storage & Transfer 

Operations 

(Effective 07/01/1991) 

9VAC5–40–3410. Applicability and 

designation of affected facility. 

9VAC5–40–3420. Definitions. 

9VAC5–40–3430. Standard for volatile 

organic compounds. 

9VAC5–40–3440. Control technology 

guidelines. 

9VAC5–40–3450. Standard for visible 

emissions. 

9VAC5–40–3460. Standard for fugitive dust/ 

emissions. 

9VAC5–40–3490. Compliance. 

9VAC5–40–3500. Test methods and 

procedures. 

9VAC5–40–3510. Monitoring. 

9VAC5–40–3520. Notification, records and 

reporting. 

9VAC5–40–3530. Registration. 

9VAC5–40–3540. Facility and control 

equipment maintenance or malfunction. 

9VAC5–40–3550. Permits. 

Article 34—Miscellaneous Metal Parts/ 

Products Coating Application 

(Effective 02/01/2016) 

9VAC5–40–4760. Applicability and 

designation of affected facility. 

9VAC5–40–4770. Definitions. 

9VAC5–40–4780. Standard for volatile 

organic compounds. 

9VAC5–40–4790. Control technology 

guidelines. 

9VAC5–40–4800. Standard for visible 

emissions. 

9VAC5–40–4810. Standard for fugitive dust/ 

emissions. 

9VAC5–40–4840. Compliance. 

9VAC5–40–4850. Test methods and 

procedures. 

9VAC5–40–4860. Monitoring. 

9VAC5–40–4870. Notification, records and 

reporting. 

9VAC5–40–4880. Registration. 

9VAC5–40–4890. Facility and control 

equipment maintenance or malfunction. 

9VAC5–40–4900. Permits. 

Article 37—Petroleum Liquid Storage and 

Transfer Operations 

(Effective 07/30/2015) 

9VAC5–40–5200. Applicability and 

designation of affected facility. 

9VAC5–40–5210. Definitions. 

9VAC5–40–5220. Standard for volatile 

organic compounds. 

9VAC5–40–5230. Control technology 

guidelines. 

9VAC5–40–5240. Standard for visible 

emissions. 

9VAC5–40–5250. Standard for fugitive dust/ 

emissions. 

9VAC5–40–5280. Compliance. 

9VAC5–40–5290. Test methods and 

procedures. 

9VAC5–40–5300. Monitoring. 

9VAC5–40–5310. Notification, records and 

reporting. 

9VAC5–40–5320. Registration. 

9VAC5–40–5330. Facility and control 

equipment maintenance or malfunction. 

9VAC5–40–5340. Permits. 

Article 41—Mobile Sources 

(Effective 08/01/1991) 

9VAC5–40–5650. Applicability and 

designation of affected facility. 

9VAC5–40–5660. Definitions. 

9VAC5–40–5670. Motor vehicles. 

9VAC5–40–5680. Other mobile sources. 

9VAC5–40–5690. Export/import of motor 

vehicles. 

Article 45—Commercial/Industrial Solid 

Waste Incinerators 

(Effective 11/16/2016) 

9VAC5–40–6250. Applicability and 

designation of affected facility. 

9VAC5–40–6260. Definitions. 

9VAC5–40–6270. Standard for particulate 

matter. 

9VAC5–40–6360. Standard for visible 

emissions. 

9VAC5–40–6370. Standard for fugitive dust/ 

emissions. 

9VAC5–40–6400. Operator training and 

qualification. 

9VAC5–40–6410. Waste management plan. 

9VAC5–40–6420. Compliance schedule. 

9VAC5–40–6430. Operating limits. 

9VAC5–40–6440. Facility and control 

equipment maintenance or malfunction. 

9VAC5–40–6450. Test methods and 

procedures. 

9VAC5–40–6460. Compliance. 

9VAC5–40–6470. Monitoring. 

9VAC5–40–6480. Recordkeeping and 

reporting. 

9VAC5–40–6490. Requirements for air 

curtain incinerators. 

9VAC5–40–6500. Registration. 

9VAC5–40–6510. Permits. 

9VAC5–40–6520. Documents Incorporated by 

Reference. 

Article 46—Small Municipal Waste 

Combustors 

(Effective 05/04/2005) 

9VAC5–40–6550. Applicability and 

designation of affected facility. 

9VAC5–40–6560. Definitions. 

9VAC5–40–6570. Standard for particulate 

matter. 

9VAC5–40–6580. Standard for carbon 

monoxide. 

9VAC5–40–6590. Standard for dioxins/ 

furans. 

9VAC5–40–6600. Standard for hydrogen 

chloride. 

9VAC5–40–6610. Standard for sulfur 

dioxide. 

9VAC5–40–6620. Standard for nitrogen 

oxides. 

9VAC5–40–6630. Standard for lead. 

9VAC5–40–6640. Standard for cadmium. 

9VAC5–40–6650. Standard for mercury. 

9VAC5–40–6660. Standard for visible 

emissions. 

9VAC5–40–6670. Standard for fugitive dust/ 

emissions. 

9VAC5–40–6700. Operator training and 

certification. 

9VAC5–40–6710. Compliance schedule. 

9VAC5–40–6720. Operating requirements. 

9VAC5–40–6730. Compliance. 

9VAC5–40–6740. Test methods and 

procedures. 

9VAC5–40–6750. Monitoring. 

9VAC5–40–6760. Recordkeeping. 

9VAC5–40–6770. Reporting. 

9VAC5–40–6780. Requirements for air 

curtain incinerators that burn 100 

percent yard waste. 

9VAC5–40–6790. Registration. 

9VAC5–40–6800. Facility and control 

equipment maintenance or malfunction. 

9VAC5–40–6810. Permits. 

Article 47—Solvent Cleaning 

(Effective 03/24/2004) 

9VAC5–40–6820. Applicability and 

designation of affected facility. 


lotter on DSK11XQN23PROD with RULES1
72696 Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / Rules and Regulations 

9VAC5–40–6830. Definitions. 

9VAC5–40–6840. Standard for volatile 

organic compounds. 

9VAC5–40–6850. Standard for visible 

emissions. 

9VAC5–40–6860. Standard for fugitive dust/ 

emissions. 

9VAC5–40–6890. Compliance. 

9VAC5–40–6900. Compliance schedules. 

9VAC5–40–6910. Test methods and 

procedures. 

9VAC5–40–6920. Monitoring. 

9VAC5–40–6930. Notification, records and 

reporting. 

9VAC5–40–6940. Registration. 

9VAC5–40–6950. Facility and control 

equipment maintenance or malfunction. 

9VAC5–40–6960. Permits. 

Article 48—Mobile Equipment Repair and 

Refinishing 

(Effective 10/01/2013) 

9VAC5–40–6970. Applicability and 

designation of affected facility. 

9VAC5–40–6975. Exemptions. 

9VAC5–40–6980. Definitions. 

9VAC5–40–6990. Standard for volatile 

organic compounds. 

9VAC5–40–7000. Standard for visible 

emissions. 

9VAC5–40–7010. Standard for fugitive dust/ 

emissions. 

9VAC5–40–7040. Compliance. 

9VAC5–40–7050. Compliance schedule. 

9VAC5–40–7060. Test methods and 

procedures. 

9VAC5–40–7070. Monitoring. 

9VAC5–40–7080. Notification, records and 

reporting. 

9VAC5–40–7090. Registration. 

9VAC5–40–7100. Facility and control 

equipment maintenance or malfunction. 

9VAC5–40–7110. Permits. 

Article 51—Stationary Sources Subject to 

Case-by-Case RACT Determinations 

(Effective 12/02/2015) 

9VAC5–40–7370. Applicability and 

designation of affected facility. 

9VAC5–40–7380. Definitions. 

9VAC5–40–7390. Standard for volatile 

organic compounds (1-hour ozone 

standard). 

9VAC5–40–7400. Standard for volatile 

organic compounds (8-hour ozone 

standard). 

9VAC5–40–7410. Standard for nitrogen 

oxides (1-hour ozone standard). 

9VAC5–40–7420. Standard for nitrogen 

oxides (8-hour ozone standard). 

9VAC5–40–7430. Presumptive reasonably 

available control technology guidelines 

for stationary sources of nitrogen oxides. 

9VAC5–40–7440. Standard for visible 

emissions. 

9VAC5–40–7450. Standard for fugitive dust/ 

emissions. 

9VAC5–40–7480. Compliance. 

9VAC5–40–7490. Test methods and 

procedures. 

9VAC5–40–7500. Monitoring. 

9VAC5–40–7510. Notification, records and 

reporting. 

9VAC5–40–7520. Registration. 

9VAC5–40–7530. Facility and control 

equipment maintenance or malfunction. 

9VAC5–40–7540. Permits. 

Article 54—Large Municipal Waste 

Combustors 

(Effective 07/01/2003) 

9VAC5–40–7950. Applicability and 

designation of affected facility. 

9VAC5–40–7960. Definitions. 

9VAC5–40–7970. Standard for particulate 

matter. 

9VAC5–40–7980. Standard for carbon 

monoxide. 

9VAC5–40–7990. Standard for cadmium. 

9VAC5–40–8000. Standard for lead. 

9VAC5–40–8010. Standard for mercury. 

9VAC5–40–8020. Standard for sulfur 

dioxide. 

9VAC5–40–8030. Standard for hydrogen 

chloride. 

9VAC5–40–8040. Standard for dioxin/furan. 

9VAC5–40–8050. Standard for nitrogen 

oxides. 

9VAC5–40–8060. Standard for visible 

emissions. 

9VAC5–40–8070. Standard for fugitive dust/ 

emissions. 

9VAC5–40–8100. Compliance. 

9VAC5–40–8110. Compliance schedules. 

9VAC5–40–8120. Operating practices. 

9VAC5–40–8130. Operator training and 

certification. 

9VAC5–40–8140. Test Methods and 

Procedures. 

9VAC5–40–8150. Monitoring. 

9VAC5–40–8160. Notification, Records and 

Reporting. 

9VAC5–40–8170. Registration. 

9VAC5–40–8180. Facility and control 

equipment maintenance or malfunction. 

9VAC5–40–8190. Permits. 

Chapter 50—New and Modified 

Stationary Sources 

Part I—Special Provisions 

(Effective 12/12/2007) 

9VAC5–50–10. Applicability. 

9VAC5–50–20. Compliance. 

9VAC5–50–30. Performance testing. 

9VAC5–50–40. Monitoring. 

9VAC5–50–50. Notification, records and 

reporting. 

Part II—Emission Standards 

Article 1—Visible Emissions and Fugitive 

Dust/Emissions 

(Effective 02/01/2003) 

9VAC5–50–60. Applicability and designation 

of affected facility. 

9VAC5–50–70. Definitions. 

9VAC5–50–80. Standard for visible 

emissions. 

9VAC5–50–90. Standard for fugitive dust/ 

emissions. 

9VAC5–50–100. Monitoring. 

9VAC5–50–110. Test methods and 

procedures. 

9VAC5–50–120. Waivers. 

Article 4—Stationary Sources 

(Effective 11/07/2012) 

9VAC5–50–240. Applicability and 

designation of affected facility. 

9VAC5–50–250. Definitions. 

9VAC5–50–260. Standard for stationary 

sources. 

9VAC5–50–270. Standard for major 

stationary sources (nonattainment areas). 

9VAC5–50–280. Standard for major 

stationary sources (prevention of 

significant deterioration areas). 

9VAC5–50–290. Standard for visible 

emissions. 

9VAC5–50–300. Standard for fugitive dust/ 

emissions. 

9VAC5–50–330. Compliance. 

9VAC5–50–340. Test methods and 

procedures. 

9VAC5–50–350. Monitoring. 

9VAC5–50–360. Notification, records and 

reporting. 

9VAC5–50–370. Registration. 

9VAC5–50–380. Facility and control 

equipment maintenance or malfunction. 

9VAC5–50–390. Permits. 

Article 5—EPA Standards of Performance 

for New Stationary Sources (Rule 5–5) 

(Effective 02/20/2019 Except Where Noted) 

9VAC5–50–400. General. (Effective 11/11/ 

2020). 

9VAC5–50–405. Authority to implement and 

enforce standards as authorized by EPA. 

9VAC5–50–410. Designated standards of 

performance. 

9VAC5–50–420. Word or phrase 

substitutions. 

Chapter 60—Hazardous Air Pollutant 

Sources 

Part I—Special Provisions 

(Effective 08/01/2002) 

9VAC5–60–10. Applicability. 

9VAC5–60–20. Compliance. 

9VAC5–60–30. Emission testing. 

9VAC5–60–40. Monitoring. 

9VAC5–60–50. Notification, records and 

reporting. 

Part II—Emission Standards 

Article 1—EPA National Emission Standards 

for Hazardous Air Pollutants (Rule 6–1) 

(Effective 02/20/2019 Except Where Noted) 

9VAC5–60–60. General. (Effective 11/11/ 

2020). 

9VAC5–60–65. Authority to implement and 

enforce standards as authorized by EPA. 

9VAC5–60–70. Designated emission 

standards. 

9VAC5–60–80. Word or phrase substitutions. 

Article 2—EPA National Emission Standards 

for Hazardous Air Pollutants for Source 

Categories (Rule 6–2) 

(Effective 03/02/2011 Except Where Noted) 

9VAC5–60–90. General. (Effective 11/11/ 

2020). 

9VAC5–60–95. Authority to implement and 

enforce standards as authorized by EPA. 

9VAC5–60–100. Designated emission 

standards. 

9VAC5–60–110. Word or phrase 

substitutions. 

Article 3—Control Technology 

Determinations for Major Sources of 

Hazardous Air Pollutants 

(Effective 07/01/2004) 

9VAC5–60–120. Applicability. 

9VAC5–60–130. Definitions. 

9VAC5–60–140. Approval process for new 

and existing affected sources. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / Rules and Regulations 72697 

9VAC5–60–150. Application content for 

case-by-case MACT determinations. 

9VAC5–60–160. Preconstruction review 

procedures for new affected sources 

subject to 9VAC5–60–140 C 1. 

9VAC5–60–170. Maximum achievable 

control technology (MACT) 

determinations for affected sources 

subject to case-by-case determination of 

equivalent emission limitations. 

9VAC5–60–180. Requirements for case-bycase determination of equivalent 

emission limitations after promulgation 

of a subsequent MACT standard. 

Chapter 70—Air Pollution Episode 

Prevention 

(Effective 04/01/1999) 

9VAC5–70–10. Applicability. 

9VAC5–70–20. Definitions. 

9VAC5–70–30. General. 

9VAC5–70–40. Episode determination 

9VAC5–70–50. Standby emission reduction 

plans. 

9VAC5–70–60. Control requirements. 

9VAC5–70–70. Local air pollution control 

agency participation. 

Chapter 80—Permits for Stationary 

Sources 

Part II—Permit Procedures 

Article 1—Federal (Title V) Operating 

Permits for Stationary Sources 

(Effective 11/16/2016) 

9VAC5–80–50. Applicability. 

9VAC5–80–60. Definitions. 

9VAC5–80–70. General. 

9VAC5–80–80. Applications. 

9VAC5–80–90. Application information 

required. 

9VAC5–80–100. Emission caps. 

9VAC5–80–110. Permit content. 

9VAC5–80–120. General permits. 

9VAC5–80–130. Temporary sources. 

9VAC5–80–140. Permit shield. 

9VAC5–80–150. Action on permit 

application. 

9VAC5–80–160. Transfer of permits. 

9VAC5–80–170. Permit renewal and 

expiration. 

9VAC5–80–180. Permanent shutdown for 

emissions trading. 

9VAC5–80–190. Changes to permits. 

9VAC5–80–200. Administrative permit 

amendments. 

9VAC5–80–210. Minor permit modifications. 

9VAC5–80–220. Group processing of minor 

permit modifications. 

9VAC5–80–230. Significant modification 

procedures. 

9VAC5–80–240. Reopening for cause. 

9VAC5–80–250. Malfunction. 

9VAC5–80–260. Enforcement. 

9VAC5–80–270. Public participation. 

9VAC5–80–280. Operational flexibility. 

9VAC5–80–290. Permit review by EPA and 

affected states. 

9VAC5–80–300. Voluntary inclusions of 

additional state-only requirements as 

applicable state requirements in the 

permit. 

Article 2—Permit Program (Title V) Fees for 

Stationary Sources 

(Effective 01/01/2018) 

9VAC5–80–310. Applicability. 

9VAC5–80–320. Definitions. 

9VAC5–80–330. General. 

9VAC5–80–340. Annual permit program fee 

calculation prior to January 1, 2018. 

9VAC5–80–342. Annual Permit program 

emissions fee calculation on and after 

January 2, 2018. 

9VAC5–80–350. Annual permit program 

emissions fee payment. 

Article 4—Insignificant Activities 

(Effective 01/01/2001) 

9VAC5–80–710. General. 

9VAC5–80–720. Insignificant activities. 

Article 5—State Operating Permits 

(Effective 12/31/2008) 

9VAC5–80–800. Applicability. 

9VAC5–80–810. Definitions. 

9VAC5–80–820. General. 

9VAC5–80–830. Applications. 

9VAC5–80–840. Application information 

required. 

9VAC5–80–850. Standards and conditions 

for granting permits. 

9VAC5–80–860. Action on permit 

application. 

9VAC5–80–870. Application review and 

analysis. 

9VAC5–80–880. Compliance determination 

and verification by testing. 

9VAC5–80–890. Monitoring requirements. 

9VAC5–80–900. Reporting requirements. 

9VAC5–80–910. Existence of permit no 

defense. 

9VAC5–80–920. Circumvention. 

9VAC5–80–930. Compliance with local 

zoning requirements. 

9VAC5–80–940. Transfer of permits. 

9VAC5–80–950. Termination of permits. 

9VAC5–80–960. Changes to permits. 

9VAC5–80–970. Administrative permit 

amendments. 

9VAC5–80–980. Minor permit amendments. 

9VAC5–80–990. Significant amendment 

procedures. 

9VAC5–80–1000. Reopening for cause. 

9VAC5–80–1010. Enforcement. 

9VAC5–80–1020. Public participation. 

9VAC5–80–1030. General permits. 

9VAC5–80–1040. Review and evaluation of 

article. 

Article 6—Permits for New and Modified 

Stationary Sources 

(Effective 03/27/2014) 

9VAC5–80–1100. Applicability. 

9VAC5–80–1105. Permit Exemptions. 

9VAC5–80–1110. Definitions. 

9VAC5–80–1120. General. 

9VAC5–80–1140. Applications. 

9VAC5–80–1150. Application information 

required. 

9VAC5–80–1160. Action on permit 

application. 

9VAC5–80–1170. Public participation. 

9VAC5–80–1180. Standards and conditions 

for granting permits. 

9VAC5–80–1190. Application review and 

analysis. 

9VAC5–80–1200. Compliance determination 

and verification by performance testing. 

9VAC5–80–1210. Permit invalidation, 

suspension, revocation and enforcement. 

9VAC5–80–1220. Existence of permit no 

defense. 

9VAC5–80–1230. Compliance with local 

zoning requirements. 

9VAC5–80–1240. Transfer of permits. 

9VAC5–80–1250. General permits. 

9VAC5–80–1255. Actions to combine permit 

terms and conditions. 

9VAC5–80–1260. Actions to change permits. 

9VAC5–80–1270. Administrative permit 

amendments. 

9VAC5–80–1280. Minor permit amendments. 

9VAC5–80–1290. Significant amendment 

procedures. 

9VAC5–80–1300. Reopening for cause. 

Article 7—Permits for New and 

Reconstructed Major Sources of HAPs 

(Effective 12/31/2008) 

9VAC5–80–1400. Applicability. 

9VAC5–80–1410. Definitions. 

9VAC5–80–1420. General. 

9VAC5–80–1430. Applications. 

9VAC5–80–1440. Application information 

required. 

9VAC5–80–1450. Action on permit 

application. 

9VAC5–80–1460. Public participation. 

9VAC5–80–1470. Standards and conditions 

for granting permits. 

9VAC5–80–1480. Application review and 

analysis. 

9VAC5–80–1490. Compliance determination 

and verification by performance testing. 

9VAC5–80–1500. Permit invalidation, 

rescission, revocation and enforcement. 

9VAC5–80–1510. Existence of permit no 

defense. 

9VAC5–80–1520. Compliance with local 

zoning requirements. 

9VAC5–80–1530. Transfer of permits. 

9VAC5–80–1540. Changes to permits. 

9VAC5–80–1550. Administrative permit 

amendments. 

9VAC5–80–1560. Minor permit amendments. 

9VAC5–80–1570. Significant amendment 

procedures. 

9VAC5–80–1580. Reopening for cause. 

9VAC5–80–1590. Requirements for 

constructed or reconstructed major 

sources subject to a subsequently 

promulgated MACT standard or MACT 

requirements. 

Article 8—Permits for Major Stationary 

Sources and Modifications—PSD Areas 

(Effective 08/13/2015) 

9VAC5–80–1605. Applicability. 

9VAC5–80–1615. Definitions. 

9VAC5–80–1625. General. 

9VAC5–80–1635. Ambient air increments. 

9VAC5–80–1645. Ambient air ceilings. 

9VAC5–80–1655. Applications. 

9VAC5–80–1665. Compliance with local 

zoning requirements. 

9VAC5–80–1675. Compliance determination 

and verification by performance testing. 

9VAC5–80–1685. Stack heights. 

9VAC5–80–1695. Exemptions. 

9VAC5–80–1705. Control technology review. 

9VAC5–80–1715. Source impact analysis. 

9VAC5–80–1725. Air quality models. 

9VAC5–80–1735. Air quality analysis. 

9VAC5–80–1745. Source information. 

9VAC5–80–1755. Additional impact 

analyses. 

9VAC5–80–1765. Sources affecting Federal 

class I areas–additional requirements. 


lotter on DSK11XQN23PROD with RULES1
72698 Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / Rules and Regulations 

9VAC5–80–1773. Action on permit 

application. 

9VAC5–80–1775. Public participation. 

9VAC5–80–1785. Source obligation. 

9VAC5–80–1795. Environmental impact 

statements. 

9VAC5–80–1805. Disputed permits. 

9VAC5–80–1815. Interstate pollution 

abatement. 

9VAC5–80–1825. Innovative control 

technology. 

9VAC5–80–1865. Actuals plantwide 

applicability limits (PALs). 

9VAC5–80–1915. Actions to combine permit 

terms and conditions. 

9VAC5–80–1925. Actions to change permits. 

9VAC5–80–1935. Administrative permit 

amendments. 

9VAC5–80–1945. Minor permit amendments. 

9VAC5–80–1955. Significant amendment 

procedures. 

9VAC5–80–1965. Reopening for cause. 

9VAC5–80–1975. Transfer of permits. 

9VAC5–80–1985. Permit invalidation, 

suspension, revocation, and 

enforcement. 

9VAC5–80–1995. Existence of permit no 

defense. 

Article 9—Permits for Major Stationary 

Sources and Modifications—Nonattainment 

Areas 

(Effective 05/15/2017) 

9VAC5–80–2000. Applicability. 

9VAC5–80–2010. Definitions. 

9VAC5–80–2020. General. 

9VAC5–80–2030. Applications. 

9VAC5–80–2040. Application information 

required. 

9VAC5–80–2050. Standards and conditions 

for granting permits. 

9VAC5–80–2060. Action on permit 

application. 

9VAC5–80–2070. Public participation. 

9VAC5–80–2080. Compliance determination 

and verification by performance testing. 

9VAC5–80–2090. Application review and 

analysis. 

9VAC5–80–2091. Source obligation. 

9VAC5–80–2110. Interstate pollution 

abatement. 

9VAC5–80–2120. Offsets. 

9VAC5–80–2130. De minimis increases and 

stationary source modification 

alternatives for ozone nonattainment 

areas classified as serious or severe in 

9VAC5–20–204. 

9VAC5–80–2140. Exemptions. 

9VAC5–80–2144. Actuals plantwide 

applicability limits (PALs). 

9VAC5–80–2150. Compliance with local 

zoning requirements. 

9VAC5–80–2170. Transfer of permits. 

9VAC5–80–2180. Permit invalidation, 

suspension, revocation and enforcement. 

9VAC5–80–2190. Existence of permit no 

defense. 

9VAC5–80–2195. Actions to combine permit 

terms and conditions. 

9VAC5–80–2200. Actions to change permits. 

9VAC5–80–2210. Administrative permit 

amendments. 

9VAC5–80–2220. Minor permit amendments. 

9VAC5–80–2230. Significant amendment 

procedures. 

9VAC5–80–2240. Reopening for cause. 

Article 10—Permit Application Fees for 

Stationary Sources 

(Effective 01/01/2018) 

9VAC5–80–2250. Applicability. 

9VAC5–80–2260. Definitions. 

9VAC5–80–2270. General. 

9VAC5–80–2280. Permit application fee 

calculation prior to January 1, 2018. 

9VAC5–80–2282. Permit application fee 

calculation on and after January 1, 2018. 

9VAC5–80–2290. Permit application fee 

payment. 

Article 11—Annual Permit Maintenance 

Fees for Stationary Sources 

(Effective 01/01/2018) 

9VAC5–80–2310. Applicability. 

9VAC5–80–2320. Definitions. 

9VAC5–80–2330. General. 

9VAC5–80–2340. Annual Permit 

Maintenance Fee Calculation Prior to 

January 1, 2018. 

9VAC5–80–2342. Annual Permit 

Maintenance Fee Calculation on and 

After January 1, 2018. 

9VAC5–80–2350. Annual Permit 

Maintenance Fee Payment. 

Chapter 85—Permits for Stationary 

Sources of Pollutants Subject to 

Regulation 

(Effective 08/13/2015) 

Part I—Applicability 

9VAC5–85–10. Applicability. 

Part II—Federal (Title V) Operating Permit 

Actions 

9VAC5–85–20. Federal (Title V) operating 

permit actions. 

9VAC5–85–30. Definitions. 

Part III—Prevention of Significant 

Deterioration Area Permit Actions 

9VAC5–85–40. Prevention of Significant 

Deterioration Area permit actions. 

9VAC5–85–50. Definitions. 

Part IV—State Operating Permit Actions 

9VAC5–85–60. State operating permit 

actions. 

9VAC5–85–70. Definitions. 

Chapter 130—Open Burning 

(Effective 07/15/2015) 

Part I—General Provisions 

9VAC5–130–10. Applicability. 

9VAC5–130–20. Definitions. 

Part II—Volatile Organic Compound 

Emissions Control Areas 

9VAC5–130–30. Open burning prohibitions. 

9VAC5–130–40. Permissible open burning. 

Part III—Special Statewide Requirements 

for Forestry, Agricultural and Highway 

Programs 

9VAC5–130–50. Forest management, 

agricultural practices and highway 

construction and maintenance programs. 

Chapter 151—Transportation 

Conformity 

(Effective 11/16/2016) 

Part I—General Definitions 

9VAC5–151–10. Definitions. 

Part II—General Provisions 

9VAC5–151–20. Applicability. 

9VAC5–151–30. Authority of board and DEQ. 

Part III—Criteria and Procedures for Making 

Conformity Determinations 

9VAC5–151–40. General. 

9VAC5–151–50. Designated provisions. 

9VAC5–151–60. Word or phrase 

substitutions. 

9VAC5–151–70. Consultation. 

Chapter 160—General Conformity 

(Effective 05/15/2017) 

Part I—General Definitions 

9VAC5–160–10. General. 

9VAC5–160–20. Terms defined. 

Part II—General Provisions 

9VAC5–160–30. Applicability. 

9VAC5–160–40. Authority of board and 

department. 

9VAC5–160–80. Relationship of state 

regulations to Federal regulations. 

Part III—Criteria and Procedures for Making 

Conformity Determinations 

9VAC5–160–110. General. 

9VAC5–160–120. Federal agency conformity 

analysis. 

9VAC5–160–130. Reporting requirements. 

9VAC5–160–140. Public participation. 

9VAC5–160–150. Reevaluation of 

conformity. 

9VAC5–160–160. Criteria for determining 

conformity of general Federal actions. 

9VAC5–160–170. Procedures for conformity 

determinations. 

9VAC5–160–180. Mitigation of air quality 

impacts. 

9VAC5–160–190. Savings provision. 

* * * * * 

[FR Doc. 2023–23244 Filed 10–20–23; 8:45 am] 

BILLING CODE 6560–50–P 


lotter on DSK11XQN23PROD with RULES1