45348 Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Buffalo is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the Captain of the Port Buffalo to act 

on his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the Captain of the Port Buffalo 

or his on-scene representative to obtain 

permission to do so. The Captain of the 

Port Buffalo or his on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port Buffalo, or his on-scene 

representative. 

Dated: August 30, 2018. 

Kenneth E. Blair, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Buffalo. 

[FR Doc. 2018–19413 Filed 9–6–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2017–0280; FRL–9982– 

60—Region 5] 

Air Plan Approval; Wisconsin; 2017 

Revisions to NR 400 and 406 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving certain 

changes to the Wisconsin State 

Implementation Plan (SIP). This action 

relates to changes in Wisconsin’s 

construction permit rules as well as the 

change in the definition for ‘‘emergency 

electric generators’’ in NR 400. This 

request for the revision of the SIP was 

submitted by the Wisconsin Department 

of Natural Resources (WDNR) on May 

16, 2017. 

DATES: This final rule is effective on 

October 9, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2017–0280. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 either through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Rachel 

Rineheart, Environmental Engineer, at 

(312) 886–7017 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Rineheart, Environmental 

Engineer, Air Permits Section, Air 

Programs Branch (AR18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–7017, 

rineheart.rachel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: is used, 

we mean EPA. This supplementary 

information section is arranged as 

follows: 

I. Review of State Submittal 

II. What is our response to comments 

received on the proposed rulemaking? 

III. What action is EPA taking? 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Review of State Submittal 

This final rulemaking addresses the 

May 16, 2017 WDNR submittal for a SIP 

revision, revising the rules in the 

Wisconsin SIP to align them with 

Federal requirements. WDNR’s 

submittal includes changes to the term 

‘‘electric generator,’’ replacing it with 

‘‘restricted internal combustion engine’’ 

as well as other minor language and 

administrative changes. Specifically, NR 

400.02(136m) replaces the existing 

definition of emergency ‘‘electric 

generator’’ with a definition of 

‘‘restricted use internal combustion 

engine,’’ and NR 406.04(1)(w) amends 

the exemption language for ‘‘emergency 

electric generators,’’ replacing it with an 

exemption for ‘‘restricted use 

reciprocating internal combustion 

engines.’’ NR 406.08(1) and NR 406.10 

involve minor changes to language, and 

NR 406.11(1) amends procedures for 

revoking construction permits. These 

changes serve the purpose of aligning 

Wisconsin’s definitions with the Federal 

definitions. 

WDNR is also requesting the removal 

of NR 406.16(2)(d) and NR 406.17(3)(e) 

from the SIP. These provisions address 

the eligibility of coverage under general 

and registration construction permits 

based on whether the project 

constituted a Type 2 action under the 

previous chapter NR 150. However, the 

current chapter NR 150 was amended 

and no longer defines or sets 

requirements for Type 2 actions. 

Removing these provisions from 

Wisconsin’s SIP ensures consistency 

with the Wisconsin Environmental 

Protection Act (WEPA), and does not 

affect consistency with the Clean Air 

Act (CAA). It is also consistent with 

Section 110(l) of the CAA. Sources 

covered under registration and general 

permits are still subject to all emission 

caps and applicable requirements 

contained in those permits. 

II. What is our response to comments 

received on the proposed rulemaking? 

EPA published a direct final rule on 

November 7, 2017 (82 FR 51575), 

approving Wisconsin’s requested 

revisions to the SIP, along with a 

proposed rule (82 FR 51594) that 

provided a 30-day public comment 

period. EPA received two comment 

letters during the public comment 

process. There were comments on the 

proposed approval from Sierra Club and 

the Center for Biological Diversity 

combined and one comment from an 

anonymous commenter. The letter from 

the anonymous commenter was dated 

December 2, 2017 and the letter from 

Sierra Club and the Center for Biological 

Diversity was dated December 7, 2017. 

Consequently, the direct final rule on 

this approval was withdrawn on 

December 21, 2017 (82 FR 60545). A 

summary of the comments received and 

EPA’s response follows. 

A. Section 110(l) Determination 

Comment 1: The revisions to the prior 

exemption for emergency generators are 

a relaxation of the SIP and EPA cannot 

approve the SIP relaxation without an 

analysis that the relaxation will not 

interfere with attainment or 

maintenance of the National Ambient 

Air Quality Standards (NAAQS) or any 

other CAA requirement pursuant to 

Section 110(l) of the CAA. 

EPA Response: Section 110(l) states 

‘‘each revision to an implementation 

plan submitted by a State under this 

chapter shall be adopted by such State 

after reasonable notice and public 

hearing. The Administrator shall not 

approve a revision of a plan if the 

revision would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress (as defined in section 171 of 

this title), or any other applicable 

requirement of this Act.’’ Wisconsin has 

adequately demonstrated that the 


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1 Discussed in Utah Approval, Disapproval, and 

Promulgation of Air Quality Implementation Plans; 

Utah; Revisions to New Source Review Rules, 76 FR 

41712 at 41713 (Aug 15, 2011). 

change in exemption will not interfere 

with attainment or maintenance of the 

NAAQS. EPA does not interpret section 

110(l) to require a full attainment or 

maintenance demonstration before any 

changes to a SIP may be approved. 

Generally, a SIP revision may be 

approved under section 110(l) if EPA 

finds it will at least preserve status quo 

air quality. See Kentucky Resources 

Council, Inc. v. EPA, 467 F.3d 986 (6th 

Cir. 2006); GHASP v. EPA, No. 06– 

61030 (5th Cir. Aug. 13, 2008); see also, 

e.g., 70 FR 53, 57 (Jan. 3, 2005), 70 FR 

28429, 28430 (May 18, 2005) (proposed 

and final rules, upheld in Kentucky 

Resources, which discuss EPA’s 

interpretation of section 110(l).1

As mentioned in Subsection A, above, 

Wisconsin has included two categories 

of engines within its definition of 

Restricted Use Reciprocating Internal 

Combustion Engines (RICE): 

(a) One that is operated no more than 

200 hours per year and that meets the 

definition of emergency stationary RICE 

or black start engine in 40 CFR 63.6675. 

(b) One that is operated in accordance 

with the definition of limited use RICE 

in 40 CFR 63.6675. 

In order to evaluate whether the air 

quality will be maintained despite the 

change in definition, we have addressed 

the two categories of engines separately. 

The first category of engines within the 

definition of emergency stationary RICE 

or black start engines, as defined in 40 

CFR 63.6675, operates no more than 200 

hours per year (NR 400.02(136m)(a)). 

NR 406.04(1)(w) exempts restricted use 

reciprocating internal combustion 

engines fueled by gaseous fuels, 

gasoline or a clean fuel and which have 

a combined electrical output of less than 

3000 kilowatts. This is consistent with 

the definition and exemption for 

emergency electric generators prior to 

the revision, which referred to an 

electric generator whose purpose is to 

provide electricity to a facility if normal 

electrical service is interrupted and 

which is operated no more than 200 

hours per year. The prior exemption 

excluded ‘‘emergency electric generators 

powered by internal combustion 

engines which are fueled by gaseous 

fuels, gasoline or distillate fuel oil with 

an electrical output of less than 3000 

kilowatts.’’ Since the size as well as the 

number of operating hours per year of 

engines used for emergency purposes 

remains the same before and after the 

revision, there will be no additional 

impact to air quality as a result of this 

revision. 

The second category of engine within 

Wisconsin’s definition of restricted use 

RICE are limited use engines as defined 

in 40 CFR 63.6675 that operate less than 

100 hours per year (NR 

400.02(136m)(b)). We reviewed 

information on how the State permitted 

limited use RICE prior to the proposed 

exemption. Limited use RICE, as 

opposed to restricted use RICE, was not 

a defined category and these engines 

were permitted as stationary RICE with 

permit restrictions. However, this 

provision in the Wisconsin code 

exempting limited use RICE from 

obtaining a permit will not result in an 

increase in emissions beyond what 

would result from construction or 

modification of these types of engines 

through an individual minor new source 

review (NSR) construction permit. 

Wisconsin has shown that this permit 

exemption is consistent with conditions 

that would have been part of a 

construction permit under the prior 

version of the state regulations. 

For example, prior to the exemption, 

limited use RICE were included in 

permits with a permit limitation or an 

operational restriction. The permit may 

or may not have included a restriction 

in the number of hours. Under the 

proposed exemption, however, sources 

will need to operate for less than 100 

hours per year in order to be eligible for 

this exemption, in accordance with 40 

CFR 63.6675. Therefore, in some cases, 

this provision in the rule may be more 

protective of air quality than an 

individual permit. An increase in the 

hours of operation to over 100 hours per 

year will make the source ineligible for 

this exemption, as per the definition of 

limited use engines. Further, an increase 

to 100 hours per year or greater will 

make the source subject to the 

requirements under the Federal 

National Emission Standards for 

Hazardous Air Pollutants (NESHAP). An 

exemption from obtaining a permit does 

not relieve the source from having to 

comply with the NESHAP. Therefore, 

the NESHAP acts as a backstop to 

ensure emissions from these engines are 

controlled. As mentioned above, EPA 

may approve a SIP revision under 

section 110(l) if EPA finds it will at least 

preserve status quo air quality. Kentucky 

Resources, supra. 

B. Aligning With Federal Requirements 

Comment 1: ‘‘It is unclear what 

Federal requirements or Federal 

program EPA is referencing throughout 

this notice’’. 

EPA response: In this action, EPA is 

referring to the Federal definition of 

RICE under 40 CFR 63.6675. The 

Federal regulations do not specifically 

define emergency generators. 40 CFR 

63.6675 defines internal combustion 

engines that are used for emergency 

purposes. WDNR’s revised definition 

conforms to the Federal definition of 

internal combustion engines used for 

emergency purposes. 

EPA does not find the need to repropose this action, since commenters 

had adequate notice of these Federal 

requirements. The Federal citation is 

clearly mentioned in Wisconsin’s 

revised definition of RICE under NR 

400.02(136m). 

Comment 2: The Federal NESHAPs 

are not the same program as the NSR 

program and are not designed to meet 

the same goals. Thus EPA’s statement 

that these changes ‘‘serve the purpose of 

aligning the state and Federal 

regulations’’ is not grounded in the 

CAA. 

EPA response: EPA understands that 

NESHAPs and the NSR program are 

different programs, but that does not 

eliminate the value in aligning state and 

Federal regulations. Consistency among 

state and Federal regulatory 

requirements, whether from the same or 

different programs, is valuable to 

achieve goals such as simplifying 

applicability and regulatory 

requirements and promoting 

compliance. Such alignment need not 

be mandated by the CAA to add such 

value, and EPA and states need only 

assure that an alignment of state and 

Federal requirements across programs is 

not inconsistent with the CAA 

requirements for either program. The 

revisions approved in this action pass 

this test. 

Further, this action is only aligning 

Wisconsin’s definitions with the Federal 

definitions, thereby aligning permitting 

exemptions with certain NESHAP 

exemptions. The revision does not 

attempt to align the regulatory 

requirements or the pollutants 

addressed by these programs in a 

manner that is inconsistent with the 

CAA requirements for either program. 

C. Exclusions From Modifications, NR 

406.04(4)(e) 

The Wisconsin Code NR 406.04(4) has 

provisions that exclude certain types of 

changes from constituting a 

modification. The purpose of these 

exclusions is to minimize the 

administrative and economic burdens 

on both the agency and low emitting 

sources without sacrificing 

environmental protection. NR 

406.04(4)(e) excludes from the 

definition of modification sources that 

increase their hours of operation if: (1) 


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45350 Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations 

The increase is not prohibited by any 

permit, plan approval or special order 

applicable to the source; and (2) the 

increase will not cause or exacerbate the 

violation of an ambient air quality 

standard or ambient air increment or 

violate an emission limit. 

Comment 1: The exemption in NR 

406.04(1)(w), when considered in 

conjunction with the existing 

exemptions under NR 406.04(4)(e), 

could allow the construction of a 

stationary reciprocating internal 

combustion engine without a permit 

that could ultimately be allowed to 

operate 8760 hours per year with no 

construction permit being issued prior 

to review. 

EPA response: 40 CFR 51.160 requires 

that a SIP set forth legally enforceable 

procedures that enable the permitting 

authority to determine whether the 

source is in violation of applicable 

portions of the control strategy or would 

result in an interference with the 

attainment or maintenance of a NAAQS. 

The exemption in NR 406.04(1)(w) 

exempts restricted use RICE that (1) 

operated no more than 200 hours per 

year and meet the definition of 

emergency stationary RICE in 40 CFR 

63.6675; or (2) are operated in 

accordance with the definition of 

limited use RICE in 40 CFR 63.6675, i.e. 

RICE that is operated no more than 100 

hours per year. An increase in hours of 

operation above these thresholds, as 

applicable, will cause the source to no 

longer qualify for the permit exemption 

and will thereby result in a SIP 

violation. Further, the exemption in NR 

406.04(1)(w)2. requires that records be 

kept of total hours the engines operate 

each year to verify that the units 

continue to meet the criteria for an 

exemption. 

D. Air Quality Analysis 

Comment 1: Wisconsin’s exemption 

could apply to generators used for peak 

shaving. Peaking units typically go 

through frequent startups and 

shutdowns and thus could have 

disproportionately high emissions on a 

short-term basis despite the limited 

operating hours per year. EPA must 

require a worst case evaluation of 

impacts on the NAAQS—particularly 

the 1-hour SO2 and 1-hour NO2 

NAAQS. 

EPA response: WDNR’s definition of 

restricted use RICE mirrors the Federal 

definition of emergency stationary RICE 

in 40 CFR 63.6675. This definition, 

while allowing an engine to operate for 

up to 50 hours per year for nonemergency purposes, clearly precludes 

the source from using the engines for 

‘‘. . . peak shaving or non-emergency 

demand response, or to generate income 

for a facility to an electric grid or 

otherwise supply power as part of a 

financial arrangement with another 

entity.’’ Prior to adopting the proposed 

definition, Wisconsin did not have a 

category called ‘‘limited-use’’ engines. 

An engine could either be operated as 

a ‘‘limited-use’’ engine by restricting the 

number of operating hours through a 

permit, or have permit limits based on 

its usage. Engines that had restrictions 

on the number of operating hours were 

required to maintain records of the 

number of hours they operate, with no 

further requirements. Under the revised 

regulation, operating hours equal to or 

greater than the applicable thresholds 

under the definition will trigger a 

permit requirement and the 

requirements of Wisconsin’s minor 

source permit program. These 

permitting requirements include an 

analysis of the impact on ambient air 

quality. Moreover, an increase in the 

number of hours will trigger 

requirements under the NESHAP. As 

discussed above in the context of 

section 110(l), EPA has conducted an 

evaluation sufficient to support the 

conclusion that the approved changes 

will preserve the status quo air quality. 

III. What action is EPA taking? 

EPA is approving the requested 

revisions to WDNR’s SIP. Specifically 

EPA is approving revisions to 

Wisconsin rules NR 400.02(136m), NR 

406.04(1)(w), NR 406.08(1), NR 406.10 

and NR 406.11(1). EPA is also approving 

the removal of NR 406.16(2)(d) and NR 

406.17(3)(e) from the SIP. 

IV. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Wisconsin 

Regulations described in the 

amendments to 40 CFR part 52 set forth 

below. EPA has made, and will continue 

to make, these documents generally 

available through www.regulations.gov 

and at the EPA Region 5 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 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); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• 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). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

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). 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 


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Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations 45351 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 6, 2018. 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).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: August 8, 2018. 

Cathy Stepp, 

Regional Administrator, Region 5. 

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. 

■ 2. Section 52.2570 is amended by 

revising paragraph (c)(113)(i)(D), and by 

adding paragraph (c)(137) to read as 

follows: 

§ 52.2570 Identification of plan. 

* * * * * 

(c) * * * 

(113) * * * 

(i) * * * 

(D) NR 400.02(73m) and (131m), 

406.02(1) and (2), 406.04(2m), NR 

406.11(1)(g)(1), 406.11(3), 406.16, 

406.17, 406.18, 407.02(3m), 407.105, 

407.107, 407.14 Note, 407.14(4)(c), 

407.15(8)(a) and 410.03(1)(a)(6) and (7) 

as created and published in the 

(Wisconsin) Register, August 2005, No. 

596, effective September 1, 2005. 

Sections NR 406.16(2)(d) and NR 

406.17(3)(e) were repealed in 2015 and 

are removed without replacement; see 

paragraph (c)(137) of this section. 

* * * * * 

(137) On May 16, 2017, the Wisconsin 

Department of Natural Resources 

submitted a request to revise 

Wisconsin’s air permitting rules NR 

400.02(136m), NR 406.04(1)(w), NR 

406.08(1), NR 406.10 and NR 406.11(1). 

These revisions replace the existing 

definition of ‘‘emergency electric 

generator’’ with the Federal definition of 

‘‘restricted internal combustion engine’’, 

amends procedures for revoking 

construction permits and include minor 

language changes and other 

administrative updates. Wisconsin has 

also requested to remove from the SIP 

NR 406.16(2)(d) and NR 406.17(3)(e), 

provisions affecting eligibility of 

coverage under general and registration 

construction permits, previously 

approved in paragraph (c)(113) of this 

section. This action ensures consistency 

with Wisconsin Environmental 

Protection Act (WEPA) laws. 

(i) Incorporation by reference. 

(A) Wisconsin Administrative Code, 

NR 400.02(136m) as published in the 

Wisconsin Administrative Register 

November 2015 No. 719, effective 

December 1, 2015. 

(B) Wisconsin Administrative Code, 

NR 406.04(1)(w), NR 406.08(1), NR 

406.10 and NR 406.11(1) as published in 

the Wisconsin Administrative Register 

November 2015 No. 719, effective 

December 1, 2015. 

[FR Doc. 2018–19161 Filed 9–6–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2017–0399; FRL–9983– 

33—Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Nonattainment New Source Review 

Requirements for the 2008 8-Hour 

Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Commonwealth of Virginia’s state 

implementation plan (SIP). The revision 

is in response to EPA’s February 3, 2017 

Findings of Failure to Submit for 

various requirements relating to the 

2008 8-hour ozone national ambient air 

quality standards (NAAQS). This SIP 

revision is specific to nonattainment 

new source review (NNSR) 

requirements. EPA is approving this 

revision in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective on 

October 9, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2017–0399. All 

documents in the docket are listed on 

the https://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 http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

David Talley, (215) 814–2117, or by 

email at talley.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On April 4, 2018 (83 FR 14386), EPA 

published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Virginia. In the NPR, 

EPA proposed approval of the SIP 

submitted in response to EPA’s final 

2008 8-hour ozone NAAQS Findings of 

Failure to Submit for NNSR 

requirements. See 82 FR 9158 (February 

3, 2017). Specifically, Virginia is 

certifying that its existing NNSR 

program, covering the Washington, DC 

nonattainment area (which includes 

Alexandria City, Arlington County, 

Fairfax County, Fairfax City, Falls 

Church City, Loudoun County, 

Manassas City, Manassas Park City, and 

Prince William County in Virginia) 

(hereafter, Washington, DC 

Nonattainment Area) for the 2008 8- 

hour ozone NAAQS, is at least as 

stringent as the requirements at 40 CFR 

51.165, as amended by the final rule 

entitled ‘‘Implementation of the 2008 

National Ambient Air Quality Standards 

for Ozone: State Implementation Plan 

Requirements’’ (SIP Requirements Rule), 


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