7790 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 

1The reader may refer to the Notice of Proposed 

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

the preamble to the final rule promulgated 

areas (i.e., the counties and partial 

counties to which this proposed action 

pertains) and remains adequate to meet 

all applicable NNSR requirements for 

the 2015 8-hour ozone NAAQS. EPA is 

therefore proposing to approve 

Kentucky’s certification that 401 KAR 

51:052 meets the NNSR requirements 

for implementation of the 2015 8-hour 

ozone NAAQS. 

III. Proposed Action 

EPA is proposing to approve 

Kentucky’s SIP revision addressing the 

NNSR requirements for the 2015 8-hour 

ozone NAAQS for Kentucky’s 2015 8- 

hour ozone Marginal nonattainment 

areas, submitted on October 15, 2020. 

EPA has preliminarily determined that 

Kentucky’s submission fulfills the 40 

CFR 51.1314 requirement and meets the 

requirements of CAA section 172(c)(5) 

and 173 and the minimum SIP 

requirements of 40 CFR 51.165. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

See 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. This proposed action merely 

proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

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

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land 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 as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: February 3, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

[FR Doc. 2022–02720 Filed 2–9–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R03–OAR–2021–0767; FRL–9366–01– 

R3] 

Outer Continental Shelf Air 

Regulations; Consistency Update for 

Virginia 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; consistency 

update. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to update 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 section 328(a)(1) of 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 are proposed to be 

incorporated by reference into the Code 

of Federal Regulations and listed in the 

appendix to the OCS air regulations. 

DATES: Written comments must be 

received on or before March 14, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2021–0767 at https://

www.regulations.gov, or via email to 

Opila.MaryCate@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: 

Gwendolyn Supplee, Permits Branch 

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

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

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: 

I. Background 

On September 4, 1992, EPA 

promulgated 40 CFR part 55,1 which 


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September 4, 1992 (57 FR 40792) for further 

background and information on the OCS 

regulations. 

2Each COA which has been delegated the 

authority to implement and enforce 40 CFR 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). 

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 

except those located in the Gulf of 

Mexico west of 87.5 degrees longitude. 

See 40 CFR 55.3(a). 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 

necessary to maintain consistency with 

onshore requirements. 

Pursuant to 40 CFR 55.12, consistency 

reviews will occur: (1) At least annually 

where an OCS activity is occurring 

within 25 miles of a State seaward 

boundary; (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. This proposed action is being 

done as part of an annual review 

because of OCS activity occurring 

within 25 miles of Virginia’s seaward 

boundary—in particular the Dominion 

Energy Virginia 12-megawatt offshore 

wind technology testing facility located 

approximately 24 nautical miles east of 

the City of Virginia Beach, Virginia. 

Public comments received in writing 

within 30 days of publication of this 

document will be considered by EPA 

before publishing a final rule. 

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. 

II. EPA Analysis 

EPA reviewed Virginia’s rules for 

inclusion in 40 CFR part 55 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, and 

requirements that regulate toxics which 

are not related to the attainment and 

maintenance of federal and state 

ambient air quality standards.2

III. Proposed Action 

EPA last did a consistency update for 

Virginia on October 21, 2019 (84 FR 

56121). In that action, EPA incorporated 

by reference into 40 CFR part 55 all 

Virginia regulations that EPA believed 

were relevant to the OCS requirements. 

For this action, EPA has reviewed 

changes that Virginia has made to its 

underlying regulatory programs. 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 rulemaking. The rules 

that EPA proposes to incorporate are 

applicable provisions of the Virginia 

Administrative Code (VAC). The 

intended effect of proposing approval of 

the OCS requirements for the Virginia 

Department of Environmental Quality 

(VADEQ) is to regulate emissions from 

OCS sources in accordance with the 

requirements for onshore sources. The 

Virginia regulatory changes EPA 

proposes 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. 

General. 

EPA is soliciting public comments on 

the issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. Incorporation by Reference 

In this document, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with the 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

the applicable provisions of the Virginia 

Administrative Code set forth below. 

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, the 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 that have been 

revised since the last consistency review 

to make them consistent with 

requirements onshore, without the 

exercise of any policy direction by EPA. 

For that reason, this proposed 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 (PRA) 

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

• Is certified as not having a 

significant economic impact on a 


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3OMB’s approval of the ICR can be viewed at 

www.reginfo.gov. 

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). 

This proposed rulemaking 

incorporating by reference sections of 

the Virginia Administrative Code, does 

not apply on any Indian reservation 

land as defined in 18 U.S.C. 1151 or in 

any other area where EPA or an Indian 

tribe has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, this rule incorporating by 

reference sections of the Virginia 

Administrative Code 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). 

This action does not impose any new 

information collection burden under the 

PRA. 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. 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.3

EPA is proposing to incorporate the 

rules potentially applicable to sources 

for which the Commonwealth of 

Virginia will be the COA that have been 

revised since the last consistency 

review. The rules that EPA proposes to 

incorporate are applicable provisions of 

the Virginia Administrative Code. 

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. 

Dated: January 20, 2022. 

Diana Esher, 

Acting Regional Administrator, Region III. 

Part 55 of Chapter I, title 40 of the 

Code of Federal Regulations is proposed 

to be 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 Public 

Law 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) State Requirements. 

(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. 


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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. 

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. 


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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. 

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. 


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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—Environmental Protection Agency 

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—Environmental Protection Agency 

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—Environmental Protection Agency 

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. 

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. 


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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. 

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. 


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Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Proposed Rules 7797 

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. 2022–01629 Filed 2–9–22; 8:45 am] 

BILLING CODE 6560–50–P 


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