Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations 40703 

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 October 27, 2017. 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, 

Lead, Nitrogen dioxide, Sulfur dioxide, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: August 16, 2017. 

V. Anne Heard, 

Acting Regional Administrator, Region 4. 

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. 

Subpart S—Kentucky 

■ 2. In § 52.920, table 2 in paragraph (c) 

is amended by revising the entry ‘‘1.06’’ 

to read as follows: 

§ 52.920 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY

Reg Title/subject EPA approval 

date Federal Register notice 

District 

effective 

date 

Explanation 

Reg 1—General Provisions 

*******

1.06 ..... Stationary Source Self-Monitoring, Emissions Inventory 

Development, and Reporting.

8/28/17 [insert Federal Register citation].1/19/2011 Revision approved except section 5 and any references to 

section 5 located in section 

3. 

*******

* * * * * 

[FR Doc. 2017–18087 Filed 8–25–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2016–0052; FRL–9966–78– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Major New Source Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Commonwealth of Virginia state 

implementation plan (SIP). The 

revisions amend Virginia’s major source 

New Source Review (NSR) regulations 

to make them consistent with the 

federal program. EPA is approving these 

revisions to the Virginia SIP in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

September 27, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2016–0052. All 

documents in the docket are listed on 

the https://www.regulations.gov Web 

site. 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 https://

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 18, 2017 (73 FR 18272), EPA 

published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Virginia. In the NPR, 

EPA proposed approval of revisions to 

Virginia’s NSR regulations. On October 

16, 2015, the Commonwealth of Virginia 

through the Virginia Department of 

Environmental Quality (VADEQ), 

submitted a formal revision to the 

Virginia SIP. The SIP revision consists 

of amendments to the preconstruction 

permit requirements under VADEQ’s 

major NSR permit program. The 

revision affects sources subject to 

VADEQ’s Prevention of Significant 

Deterioration (PSD) program, which 

applies in areas which are in attainment 

with (or unclassifiable for) the national 

ambient air quality standards (NAAQS), 

as well as affecting sources subject to its 

nonattainment NSR permit program, 

applicable in areas not in attainment 

with the NAAQS. By letter dated March 

1, 2017, VADEQ officially withdrew a 

small and specific portion of the 

October 16, 2015 submittal from 

consideration for approval into the 

Virginia SIP. A copy of the letter has 

been included in the docket for this 

action. Further discussion of the 

withdrawal is provided in section II.A 

of this notice. 

II. Summary of SIP Revision and EPA 

Analysis 

As discussed in the NPR, the October 

16, 2015 SIP submittal revision (as 


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1A PAL is a voluntary permit option that 

provides the ability to manage facility-wide 

emissions without triggering major NSR review. 

The flexibility provided under a PAL facilitates the 

ability to respond rapidly to changing market 

conditions while enhancing the environmental 

protection afforded under the program. If facility 

emissions remain below a plantwide actual 

emissions cap (that is, an actuals PAL), then a 

facility can avoid major NSR permitting process 

when making alterations to the facility or 

individual emissions units that would otherwise 

trigger NSR permitting. In return for this flexibility, 

facilities must monitor emissions from all emissions 

units under the PAL in addition to other 

recordkeeping and reporting requirements. 

amended March 1, 2017) (hereinafter 

referred to as the 2015 NSR SIP 

Revision) generally makes the Virginia 

Administrative Code regulations at 

9VAC5 consistent with the federal NSR 

program at 40 CFR 51.165 and 51.166. 

The specific changes to 9VAC5: (1) 

Allow the use of a 10-year lookback 

period to calculate pre-change 

emissions for sources other than electric 

utility steam generating units (EGUs); 

(2) allow the use of different lookback 

periods for different regulated NSR 

pollutants; (3) extend the effective 

period for plantwide applicability limits 

(PALs) to 10 years; and, (4) allow 

replacement units to be treated as 

existing units, and thus provide the 

ability to use baseline actual and 

projected actual emissions when 

determining applicability. Additionally, 

there are a number of minor changes 

which are strictly administrative in 

nature, consisting of small grammatical 

revisions, or re-numbering. EPA is 

approving VADEQ’s 2015 NSR SIP 

Revision as a revision to the Virginia 

SIP because it meets the Federal 

requirements of 40 CFR 51.165 and 

51.165, and CAA sections 110(a) and 

173. Additionally, the revisions are in 

accordance with section 110(l) of the 

CAA because they will not interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress, or any other applicable 

CAA requirement. 

A. Baseline Actual Emissions 

NSR applicability is determined by 

comparing the pre-change emissions of 

the source(s) affected by the project at 

hand to the post-change emissions, and 

determining whether the net increase is 

‘‘significant.’’ For new units, pre-change 

(baseline) emissions are zero. For 

modified units, sources must calculate 

baseline actual emissions (BAE). For 

sources other than EGUs, the Federal 

PSD and nonattainment NSR regulations 

provide for the calculation of BAE using 

‘‘. . . the average rate, in tons per year, 

at which the emissions unit actually 

emitted the pollutant during any 

consecutive 24-month period selected 

by the owner or operator within the 

10-year period immediately preceding 

either the date the owner or operator 

begins actual construction of the project, 

or the date a complete permit 

application is received by the reviewing 

authority. . .’’ See 40 CFR 

51.165(a)(1)(xxxv)(B) and 

51.166(b)(47)(ii). VADEQ’s previously 

approved BAE definitions, codified at 

9VAC5–80 sections 1615C (PSD) and 

2010C (nonattainment NSR), provided 

for a 5-year lookback period. The 2015 

NSR SIP Revision included VADEQ’s 

revised definitions of BAE to provide for 

a 10-year lookback period for non EGUs, 

consistent with the Federal counterpart. 

When EPA originally approved the 5- 

year lookback into VADEQ’s 

nonattainment NSR and PSD programs, 

limited approval was granted. See 73 FR 

62893, 62897 (October 22, 2008). The 

previous definitions of BAE at 9VAC5– 

80 sections 1615C and 2010C in 

VADEQ’s June 27, 2008 SIP submittals 

included the 5-year lookback which 

EPA found approvable, despite being 

different from the Federal lookback 

period. However, VADEQ’s regulations 

at the time in sections 1615C and 2010C 

also included provisions for the use of 

a different time period to calculate BAE 

if it was found to be more representative 

of normal operations. In our October 22, 

2008 final rulemaking notice, EPA 

raised concerns that this provision 

could allow for the use of a lookback 

period that extended beyond the ten 

years allowed by the Federal programs 

for PSD and NSR. However, EPA noted 

that because VADEQ had affirmed that 

it was not its intention to extend the 

lookback period beyond ten years, a 

limited approval was granted. See 73 FR 

at 62898. In VADEQ’s 2015 NSR SIP 

Revision submittal, the provision 

allowing for the use of a different 

lookback period if it was found to be 

more representative of normal 

operations was struck from the 

definition of BAE at 9VAC5–80 section 

1615C, making it consistent with the 

federal counterpart. However, that 

provision was inadvertently left in the 

definition of BAE in the version of 

9VAC5–80 section 2010C for NSR. By 

letter dated March 1, 2017, VADEQ 

officially withdrew from EPA’s 

consideration for inclusion into the SIP 

the portion of the definition of BAE at 

section 2010C stating, ‘‘The board will 

allow the use of another time period 

upon a determination that it is more 

representative of normal source 

operation.’’ Thus, EPA finds the revised 

definition of BAE at 9VAC5–80 section 

2010C (with the provision for a different 

lookback period stricken) fully 

approvable as the definition is 

consistent with Federal CAA 

requirements permitting up to a 10-year 

lookback. EPA expects that the sentence 

withdrawn from the SIP submittal will 

be removed from the Virginia Code as 

soon as practicable as Virginia affirmed 

in its March 1, 2017 letter, and that 

VADEQ will implement its NSR 

program consistent with the approved 

SIP and the Federal requirements for 

NSR in the interim. With this approval, 

EPA also removes its prior limited 

approval for these regulations. 

Finally, the Federal requirement for 

calculating BAE for PSD and NSR 

provide for the use of different 24- 

month periods for different regulated 

NSR pollutants. See 40 CFR 

51.165(a)(1)(xxxv)(B)(4) and 

51.166(b)(47)(ii)(c). VADEQ has revised 

the BAE definitions at 9VAC5–80 

sections 1615C and 2010C, and 9VAC5– 

85 section 50 to be consistent with the 

federal requirements relating to different 

lookback periods for different regulated 

NSR pollutants. Because these revisions 

are consistent with federal definitions in 

40 CFR 51.165 and 51.166 for using 

different 24-month periods for different 

regulated NSR pollutants, EPA finds 

these revisions approvable in 

accordance with CAA requirements. 

B. Plantwide Applicability Limits (PALs) 

Federal requirements for PALs 

include an effective period of ten years 

for the plantwide permit.1 See 40 CFR 

sections 51.165(f) et seq and 51.166(w) 

et seq. The 2015 NSR SIP Revision 

included amended versions of 9VAC–5– 

80 sections 1615C, 1865C(1)(f), 2010C, 

and 2144C(1)(f), as well as 9VAC5–85– 

50, to provide for a PAL effective period 

of ten years, consistent with the Federal 

regulations providing for a ten-year PAL 

effective period. In addition, the 2015 

NSR SIP Revision included amended 

versions of 9VAC5–80 sections 1865E 

and 2144E and 9VAC5–85–55 to allow 

for the use of different 24-month periods 

for different regulated NSR pollutants 

when establishing PALs, consistent with 

the discussion in Section II.A of this 

notice. EPA finds these amended 

provisions approvable for the Virginia 

SIP because these amended regulations 

for PAL effective period and baseline 

calculations are consistent with Federal 

requirements for PALs in 40 CFR 51.165 

and 51.166. 

C. Replacement Units 

Finally, the 2015 NSR SIP Revision 

submittal added definitions of 

‘‘replacement unit,’’ and amends the 

definitions of ‘‘emissions unit,’’ under 

9VAC5–80 sections 1615C and 2010C 

and 9VAC5–85 section 50. The effect of 


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these revisions is to allow replacement 

units to be treated as existing units 

when calculating pre- and post-change 

emissions for purposes of determining 

NSR applicability. VADEQ’s definitions 

of ‘‘replacement unit’’ are consistent 

with their Federal counterparts at 40 

CFR 51.165(a)(1)(xxi) and 51.166(b)(32). 

VADEQ’s amended definitions of 

‘‘emissions unit’’ are consistent with 

their Federal counterparts at 40 CFR 

51.165(a)(1)(vii) and 51.166(b)(7), as is 

VADEQ’s approach to calculating preand post-change emissions for 

replacement units. Thus, EPA finds 

these new and amended provisions in 

the 2015 NSR SIP Revision approvable. 

EPA finds the revisions to 9VAC5–80 

sections 1615, 1865, 2010, and 2144 and 

9 VAC5–85 sections 50 and 55 

(including the changes discussed herein 

as well as the minor administrative 

changes for grammatical and numbering 

consistency) consistent with CAA 

section 110(l). None of the revisions 

interfere with any applicable 

requirement concerning attainment of 

any NAAQS nor interfere with 

reasonable further progress or any other 

applicable requirement of the CAA. As 

described in this rulemaking, the 

revisions to the Virginia Code in the 

2015 NSR SIP Revision are consistent 

with federal requirements for PSD and 

NSR in 40 CFR 51.165 and 51.166. 

Because the revisions are consistent 

with federal requirements for PSD and 

NSR permitting programs which permit 

construction and modifications in 

accordance with permitting and 

emission limitation requirements and 

address definitions for BAE and PAL 

effective periods, EPA does not expect 

any interference with the NAAQS from 

these revisions. 

Other specific requirements of the 

2015 NSR SIP Revision and the 

rationale for EPA’s proposed action are 

explained in the NPR and will not be 

restated here. 

III. EPA’s Response to Comments 

Received on the Proposed Action 

EPA received two sets of comments 

on the April 18, 2017 NPR. A full set of 

these comments is included in the 

docket for this final action. A summary 

of the comments and EPA’s responses 

are included herein. 

Comment: The first commenter asserts 

that EPA ‘‘. . . shouldn’t have the right 

to tell States what they can and cannot 

do,’’ and further, that the States are 

capable of ‘‘. . . cleaning up the air.’’ 

EPA Response: The CAA establishes a 

partnership between state and Federal 

entities for the protection and 

improvement of the nation’s air quality. 

Under CAA section 109, EPA is required 

to establish NAAQS for the protection of 

public health and welfare. Subsequent 

to the promulgation (or revision) of a 

NAAQS, states are required by CAA 

section 110 to adopt and submit to EPA 

for approval, a SIP which provides for 

the implementation, maintenance, and 

enforcement of the NAAQS. Virginia’s 

October 16, 2015 SIP submittal met that 

requirement. In addition, section 

110(a)(2)(C) specifically requires that 

state plans include a PSD and 

nonattainment NSR permit program as 

required in parts C and D of Title I of 

the Clean Air Act. The division of 

responsibilities between EPA and the 

states in the section 110 process was 

reaffirmed by the U.S. Court of Appeals 

for the District of Columbia Circuit in 

the Commonwealth of Virginia, et al., v. 

EPA, 108 F.3d 1397 (D.C. Cir. 1997). 

The action being finalized today 

approving revisions to Virginia 

regulations which implement the PSD 

and NSR permit program required by 

the CAA is consistent with EPA’s 

responsibilities as established by 

Congress under CAA section 110. EPA 

is approving the 2015 NSR SIP Revision 

because it complies with the provisions 

of the CAA and applicable federal 

regulations as discussed in the NPR and 

in this rulemaking action. See section 

110(k) of the CAA. 

Comment: The second commenter 

expressed a need for clean air, and 

urged EPA to ‘‘(s)top trying to lower 

. . .’’ environmental standards. 

EPA Response: EPA thanks the 

commenter for the concern for 

environmental issues such as clean air 

and water. However, the comment is not 

germane or relevant to the issues in this 

rulemaking to bring Virginia’s NSR 

program in line with federal NSR 

requirements in 40 CFR 51.165 and 

51.166. EPA has fully explained our 

reasons for approving VA’s revisions to 

its NSR program in this notice and in 

the NPR. As discussed in the NPR, none 

of the revisions interfere with any 

applicable requirement concerning 

attainment of any NAAQS nor interfere 

with reasonable further progress or any 

other applicable requirement of the 

CAA. In addition, the comment lacks 

the required specificity and does not 

address any specific Virginia regulation 

upon which we should act differently 

nor address any action EPA should take 

differently with regards to Virginia’s 

NSR regulations. 

IV. Final Action 

EPA is approving the 2015 NSR SIP 

Revision as it is in accordance with 

requirements in the CAA in sections 110 

and 173 and with federal regulations at 

40 CFR 51.165 and 51.166. 

Additionally, because the Virginia 

regulations submitted in the 2015 NSR 

SIP Revision correct issues related to 

appropriate BAE and ‘‘lookback period’’ 

in Virginia’s NSR permit program for 

which EPA previously granted limited 

approval in 2008, EPA now grants full 

approval to Virginia’s NSR permit 

program for PSD and NSR permitting. 

V. General Information Pertaining to 

SIP Submittals From the 

Commonwealth of Virginia 

In 1995, Virginia adopted legislation 

that provides, subject to certain 

conditions, for an environmental 

assessment (audit) ‘‘privilege’’ for 

voluntary compliance evaluations 

performed by a regulated entity. The 

legislation further addresses the relative 

burden of proof for parties either 

asserting the privilege or seeking 

disclosure of documents for which the 

privilege is claimed. Virginia’s 

legislation also provides, subject to 

certain conditions, for a penalty waiver 

for violations of environmental laws 

when a regulated entity discovers such 

violations pursuant to a voluntary 

compliance evaluation and voluntarily 

discloses such violations to the 

Commonwealth and takes prompt and 

appropriate measures to remedy the 

violations. Virginia’s Voluntary 

Environmental Assessment Privilege 

Law, Va. Code Sec. 10.1–1198, provides 

a privilege that protects from disclosure 

documents and information about the 

content of those documents that are the 

product of a voluntary environmental 

assessment. The Privilege Law does not 

extend to documents or information 

that: (1) Are generated or developed 

before the commencement of a 

voluntary environmental assessment; (2) 

are prepared independently of the 

assessment process; (3) demonstrate a 

clear, imminent and substantial danger 

to the public health or environment; or 

(4) are required by law. 

On January 12, 1998, the 

Commonwealth of Virginia Office of the 

Attorney General provided a legal 

opinion that states that the Privilege 

law, Va. Code Sec. 10.1–1198, precludes 

granting a privilege to documents and 

information ‘‘required by law,’’ 

including documents and information 

‘‘required by federal law to maintain 

program delegation, authorization or 

approval,’’ since Virginia must ‘‘enforce 

federally authorized environmental 

programs in a manner that is no less 

stringent than their federal counterparts 

. . . .’’ The opinion concludes that 

‘‘[r]egarding § 10.1–1198, therefore, 

documents or other information needed 

for civil or criminal enforcement under 

one of these programs could not be 


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2 62 FR 27968 (May 22, 1997). 

privileged because such documents and 

information are essential to pursuing 

enforcement in a manner required by 

federal law to maintain program 

delegation, authorization or approval.’’ 

Virginia’s Immunity law, Va. Code 

Sec. 10.1–1199, provides that ‘‘[t]o the 

extent consistent with requirements 

imposed by federal law,’’ any person 

making a voluntary disclosure of 

information to a state agency regarding 

a violation of an environmental statute, 

regulation, permit, or administrative 

order is granted immunity from 

administrative or civil penalty. The 

Attorney General’s January 12, 1998 

opinion states that the quoted language 

renders this statute inapplicable to 

enforcement of any federally authorized 

programs, since ‘‘no immunity could be 

afforded from administrative, civil, or 

criminal penalties because granting 

such immunity would not be consistent 

with federal law, which is one of the 

criteria for immunity.’’ 

Therefore, EPA has determined that 

Virginia’s Privilege and Immunity 

statutes will not preclude the 

Commonwealth from enforcing its NSR 

program consistent with the federal 

requirements. In any event, because 

EPA has also determined that a state 

audit privilege and immunity law can 

affect only state enforcement and cannot 

have any impact on federal enforcement 

authorities, EPA may at any time invoke 

its authority under the CAA, including, 

for example, sections 113, 167, 205, 211 

or 213, to enforce the requirements or 

prohibitions of the state plan, 

independently of any state enforcement 

effort. In addition, citizen enforcement 

under section 304 of the CAA is 

likewise unaffected by this, or any, state 

audit privilege or immunity law. 

VI. Incorporation by Reference 

In this rule, 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 VADEQ regulations 

regarding definitions and permitting 

requirements discussed in Section II of 

this notice. EPA has made, and will 

continue to make, these materials 

generally available through http://

www.regulations.gov and/or at the EPA 

Region III Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.2

VII. Statutory and Executive Order 

Reviews 

A. General Requirements 

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); 

• 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 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, 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). 

B. Submission to Congress and the 

Comptroller General 

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). 

C. 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 October 27, 2017. 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 pertaining to Virginia’s 

preconstruction permitting 

requirements 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 


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Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations 40707 

Dated: August 12, 2017. 

Cecil Rodrigues, 

Acting Regional Administrator, Region III. 

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. 

Subpart VV—Virginia 

■ 2. In § 52.2420, the table in paragraph 

(c) is amended by revising the entries 

for Sections ‘‘5–50–270’’, ‘‘5–50–280’’, 

‘‘5–80–1605’’ through ‘‘5–80–2240’’,’’5– 

85–50’’, and ‘‘5–85–55’’ to read as 

follows: 

§ 52.2420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation [former SIP 

citation] 

*******

9 VAC 5, Chapter 50 New and Modified Stationary Sources [Part V] 

*******

Article 4 Standards of Performance for Stationary Sources (Rule 5–4) 

*******

5–50–270 ................................ Standard for Major Stationary 

Sources (Nonattainment 

Areas).

9/1/06 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–50–280 ................................ Standard for Stationary 

Sources (Prevention of Significant Deterioration Areas).

9/1/06 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

* * * * * * * 

9 VAC 5, Chapter 80 Permits for Stationary Sources [Part VIII] 

*******

Article 8 Permits—Major Stationary Sources and Major Modifications Located in Prevention of Significant Deterioration Areas 

5–80–1605 .............................. Applicability ............................ 9/1/06 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1615 .............................. Definitions .............................. 8/13/15 8/28/17, [Insert Federal Register citation].

5–80–1625 .............................. General .................................. 7/23/09 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1635 .............................. Ambient Air Increments ......... 8/17/11 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1645 .............................. Ambient Air Ceilings .............. 9/1/06 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1655 .............................. Applications ............................ 9/1/06 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1665 .............................. Compliance with local zoning 

requirements.

9/1/06 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1675 .............................. Compliance determination 

and verification by performance testing.

9/1/06 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1685 .............................. Stack Heights ......................... 9/1/06 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1695 .............................. Exemptions ............................ 6/4/14 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1705 .............................. Control technology review ..... 9/1/06 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1715 .............................. Source impact analysis .......... 6/4/14 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1725 .............................. Air quality models .................. 9/1/06 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1735 .............................. Air quality analysis ................. 9/1/06 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 


asabaliauskas on DSKBBXCHB2PROD with RULES
40708 Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation [former SIP 

citation] 

5–80–1745 .............................. Source Information ................ 9/1/06 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1755 .............................. Additional impact analysis ..... 9/1/06 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1765 .............................. Sources affecting Federal 

class I areas—additional 

requirements.

8/17/11 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1775 .............................. Public participation ................. 9/1/06 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1785 .............................. Source obligation ................... 9/1/06 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1795 .............................. Environmental impact statements.9/1/06 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1805 .............................. Disputed permits .................... 9/1/06 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1815 .............................. Interstate pollution abatement 9/1/06 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1825 .............................. Innovative control technology 9/1/06 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1865 .............................. Actuals plantwide applicability 

(PAL).

8/13/15 8/28/17, [Insert Federal Register citation].

5–80–1915 .............................. Actions to combine permit 

terms and conditions.

7/23/09 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1925 .............................. Actions to change permits ..... 7/23/09 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1935 .............................. Administrative permit amendments.7/23/09 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1945 .............................. Minor permit amendments ..... 7/23/09 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1955 .............................. Significant amendment procedures.7/23/09 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1965 .............................. Reopening for cause ............. 7/23/09 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1975 .............................. Transfer of permits ................ 9/1/06 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1985 .............................. Permit invalidation, revocation, and enforcement.9/1/06 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–1995 .............................. Existence of permit no defense.

9/1/06 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

Article 9 PermitsMajor Stationary Sources and Major Modifications Located in Nonattainment Areas or the Ozone Transport Region 

5–80–2000 .............................. Applicability ............................ 5/1/02 

9/1/06 

8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–2010 .............................. Definitions .............................. 8/13/15 8/28/17, [Insert Federal Register citation].Paragraph C is revised, except that under subdivision 

b of the definition of ‘‘baseline actual emissions,’’ the 

sentence stating, ‘‘The 

board shall allow the use of 

another time period upon a 

determination that it is 

more representative of normal source operation,’’ is 

not in the SIP. 

5–80–2020 .............................. General .................................. 7/23/09 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–2030 .............................. Applications ............................ 5/1/02 

9/1/06 

8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–2040 .............................. Application information required.5/1/02 

9/1/06 

8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–2050 .............................. Standards and conditions for 

granting permits.

5/1/02 

9/1/06 

8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–2060 .............................. Action on permit application .. 5/1/02 

9/1/06 

8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–2070 .............................. Public participation ................. 5/1/02 

9/1/06 

8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–2080 .............................. Compliance determination 

and verification by performance testing.

5/1/02 

9/1/06 

8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 


asabaliauskas on DSKBBXCHB2PROD with RULES
Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations 40709 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation [former SIP 

citation] 

5–80–2090 .............................. Application review and analysis.5/1/02 

9/01/06 

8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–2091 .............................. Source obligation ................... 9/1/06 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–2110 .............................. Interstate Pollution Abatement 5/1/02 

9/1/06 

8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–2120 .............................. Offsets .................................... 8/17/11 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–2130 .............................. De minimis increases and 

stationary source modification alternatives for ozone 

nonattainment areas classified as serious or severe in 

9 VAC 5–20–204.

5/1/02 

9/1/06 

8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–2140 .............................. Exemptions ............................ 7/23/09 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–2144 .............................. Actuals plantwide applicability 

limits (PALs).

8/13/15 8/28/17, [Insert Federal Register citation].

5–80–2150 .............................. Compliance with local zoning 

requirements.

5/1/02 

9/01/06 

8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–2170 .............................. Transfer of permits ................ 5/1/02 

9/1/06 

8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–2180 .............................. Permit invalidation, revocation, and enforcement.5/1/02 

9/1/06 

8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–2190 .............................. Existence of permit no defense.5/1/02 

9/1/06 

8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–2195 .............................. Actins to combine permit 

terms and conditions.

7/23/09 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–2200 .............................. Actions to change permits ..... 7/23/09 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–2210 .............................. Administrative permit amendments.7/23/09 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–2220 .............................. Minor permit amendments ..... 7/23/09 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–2230 .............................. Significant amendment procedures.7/23/09 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

5–80–2240 .............................. Reopening for cause ............. 7/23/09 8/28/17, [Insert Federal Register citation].Previous approval 10/22/08. 

9 VAC 5, Chapter 85 Permits for Stationary Sources of Pollutants Subject to Regulation 

*******

Part III Prevention of Significant Deterioration Permit Actions 

*******

5–85–50 .................................. Definitions .............................. 8/13/15 8/28/17, [Insert Federal Register citation].

5–85–55 .................................. Actuals Plantwide applicability 

limits (PALs).

8/13/15 8/28/17, [Insert Federal Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2017–17862 Filed 8–25–17; 8:45 am] 

BILLING CODE 6560–50–P 


asabaliauskas on DSKBBXCHB2PROD with RULES