80_FR_19611 80 FR 19541 - Approval and Promulgation of Air Quality Implementation Plans; Virginia-Prevention of Significant Deterioration; Amendment to the Definition of “Regulated NSR Pollutant” Concerning Condensable Particulate Matter

80 FR 19541 - Approval and Promulgation of Air Quality Implementation Plans; Virginia-Prevention of Significant Deterioration; Amendment to the Definition of “Regulated NSR Pollutant” Concerning Condensable Particulate Matter

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 70 (April 13, 2015)

Page Range19541-19544
FR Document2015-08417

The Environmental Protection Agency (EPA) is taking direct final action to approve a July 25, 2013 State Implementation Plan (SIP) revision submitted by the Virginia Department of Environmental Quality (VADEQ) for the Commonwealth of Virginia. The revision includes a correction to the definition of ``regulated NSR [New Source Review] pollutant'' as it relates to condensable particulate matter under Virginia's Prevention of Significant Deterioration (PSD) program. The revision also includes the correction of a minor typographical error. EPA is approving these revisions to the Virginia SIP in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 80 Issue 70 (Monday, April 13, 2015)
[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Rules and Regulations]
[Pages 19541-19544]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08417]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0593; FRL-9925-96-Region-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia--Prevention of Significant Deterioration; Amendment to the 
Definition of ``Regulated NSR Pollutant'' Concerning Condensable 
Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a July 25, 2013 State Implementation Plan (SIP) 
revision submitted by the Virginia Department of Environmental Quality 
(VADEQ) for the Commonwealth of Virginia. The revision includes a 
correction to the definition of ``regulated NSR [New Source Review] 
pollutant'' as it relates to condensable particulate matter under 
Virginia's Prevention of Significant Deterioration (PSD) program. The 
revision also includes the correction of a minor typographical error. 
EPA is approving these revisions to the Virginia SIP in accordance with 
the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on June 12, 2015 without further notice, 
unless EPA receives adverse written comment by May 13, 2015. If EPA 
receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2013-0593 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2013-0593, David Campbell, Associate Director, 
Office of Permits and Air Toxics, Mailcode 3AP10, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2013-0593. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal 
are available at the Virginia Department of Environmental Quality, 629 
East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: David Talley, (215) 814-2117, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On July 25, 2013, VADEQ submitted a formal revision to the Virginia 
SIP. The SIP revision consists of an amendment to the definition of 
``regulated NSR pollutant'' for VADEQ's PSD program under Article 8 of 
Chapter 80 of the Virginia Administrative Code (VAC), as well as a 
correction of a minor typographical error. The definition revision 
pertains to the regulation of particulate matter, specifically, gases 
that condense to form particles (condensables).
    ``Particulate matter'' (PM) is a term used to define an air 
pollutant that consists of a mixture of solid particles and liquid 
droplets found in the ambient air. PM occurs in many sizes and shapes 
and can be made up of hundreds of different chemicals. As explained 
further in the discussion that follows, EPA has regulated several size 
ranges of particles under the CAA, referred to as indicators of 
particles, namely PM, coarse PM (PM10), and fine PM 
(PM2.5).
    Initially, EPA established a National Ambient Air Quality Standard 
(NAAQS) for PM on April 30, 1971, under sections 108 and 109 of the 
CAA. See 36 FR 8186. Compliance with the original PM NAAQS was based on 
the measurement of particles in the ambient air using an indicator of 
particles measuring up to a nominal size of 25 to 45 micrometers 
([micro]m). EPA used the indicator name ``total suspended particulate'' 
or ``TSP'' to define the particle size range that was being measured. 
Total suspended particulate remained the indicator for the PM NAAQS 
until 1987 when EPA revised the NAAQS in part by replacing the TSP 
indicator for both the primary and secondary standards with a new 
indicator that includes only those particles with an aerodynamic 
diameter less than or equal to a nominal 10 [micro]m (PM10).
    On July 18, 1997, the EPA made significant revisions to the PM 
NAAQS in several respects. While the EPA determined that the PM NAAQS 
should continue to focus on PM10, EPA also determined that 
the fine and coarse fractions of PM10 should be considered 
separately. Accordingly, on July 18, 1997, the EPA added a new 
indicator for fine particles with a nominal mean aerodynamic diameter 
less than or equal to 2.5 [micro]m (PM2.5), and continued to 
use PM10 as the indicator for purposes of regulating the 
coarse fraction of PM10. See 62 FR 38652.
    On May 16, 2008, EPA finalized the ``Implementation of the New 
Source Review (NSR) Program for Particulate

[[Page 19542]]

Matter Less than 2.5 Micrometers (PM2.5)'' (2008 NSR 
PM2.5 Rule) to implement the 1997 PM2.5 NAAQS, 
including changes to the NSR program. See 73 FR 28321. The 2008 NSR 
PM2.5 Rule revised the NSR program requirements to establish 
the framework for implementing preconstruction permit review for the 
PM2.5 NAAQS in both attainment and nonattainment areas. 
Among other requirements, the 2008 NSR PM2.5 Rule required 
states and sources to account for condensables in PM2.5 
emission limits.
    The 2008 NSR PM2.5 Rule contained an error in the 
regulations for PSD \1\ and in the EPA's Emission Offset Interpretative 
Ruling.\2\ This error was introduced in the definition of ``regulated 
NSR pollutant'' that was revised as part of the final rulemaking. The 
wording of that revised definition had the effect of requiring that PM 
emissions, PM10 emissions, and PM2.5 emissions--
representing three separate size ranges or indicators of particles--
must all include condensables. EPA did not intend in the 2008 NSR 
PM2.5 Rule that the term ``particulate matter emissions'' be 
listed with ``PM2.5 emissions'' and ``PM10 
emissions'' in requirements to include the condensable fraction of 
primary PM. Historically, for ``particulate matter emissions'' often 
only the filterable fraction had been considered for NSR purposes, 
consistent with the applicable New Source Performance Standards (NSPS) 
for PM and the corresponding compliance test method. On October 25, 
2012, EPA promulgated a final rule \3\ which revised the definition of 
``regulated NSR pollutant'' to correct the error and remove the 
unintended new requirement on state and local agencies and the 
regulated community that ``particulate matter emissions'' must include 
condensables in all cases. EPA's October 25, 2012 action ensured that 
the originally-intended approach for regulating the three indicators 
for emissions of particulate matter under the PSD program was codified. 
Thus, ``PM10 emissions'' and ``PM2.5 emissions'' 
are regulated as criteria pollutants (that is, under the portion of the 
definition of ``regulated NSR pollutant'' that refers to ``[a]ny 
pollutant for which a national ambient air quality standard has been 
promulgated. . .'' and are required to include the condensable PM 
fraction emitted by a source. See 40 CFR 51.166(b)(49)(i) and 
52.21(b)(50)(i). In contrast, ``particulate matter emissions'' is 
regulated as a non-criteria pollutant under the portion of the 
definition that refers to ``[a]ny pollutant that is subject to any 
standard promulgated under section 111 of the Act,'' where the 
condensable PM fraction generally is not required to be included in 
measurements to determine compliance with standards of performance for 
PM. See 40 CFR 51.166(b)(49)(ii) and 52.21(b)(50)(ii).
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    \1\ See 40 CFR 51.166 and 52.21.
    \2\ See 40 CFR part 51, appendix S.
    \3\ See 77 FR 65107 (October 25, 2012) (``Implementation of the 
New Source Review (NSR) Program for Particulate Matter Less Than 2.5 
Micrometers (PM2.5): Amendment to the Definition of 
`Regulated NSR Pollutant' Concerning Condensable Particulate 
Matter'').
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    Virginia submitted and EPA previously approved a SIP revision to 
address the provisions of the 2008 PM2.5 NSR Rule which 
included the errant language relating to ``particulate matter 
emissions.'' See 79 FR 10377 (February 25, 2014). This direct final 
rulemaking action makes Virginia's PSD SIP consistent with EPA's 
original intent, as well as consistent with the corrected Federal 
requirements that only PM10 and PM2.5 consider 
condensables, unless a specific NSPS or SIP provision requires 
otherwise. Additional discussion on EPA's requirements to consider 
condensables for PM10 and PM2.5 for PSD is 
available in the preamble to EPA's October 25, 2012 rulemaking action, 
which is included in the docket for this action.
    EPA notes that on January 4, 2013, the U.S. Court of Appeals for 
the District of Columbia Circuit (DC Circuit), in Natural Resources 
Defense Council v. EPA \4\ (hereafter, NRDC v. EPA), issued a decision 
that remanded the EPA's rules implementing the 1997 PM2.5 
NAAQS, including the 2008 NSR PM2.5 Rule. The DC Circuit's 
remand of the 2008 NSR PM2.5 Rule is relevant to this direct 
final rulemaking. As previously discussed, this rule promulgated NSR 
requirements for implementation of PM2.5 in both 
nonattainment areas (nonattainment NSR) and attainment/unclassifiable 
areas (PSD). The DC Circuit found that EPA erred in implementing the 
PM2.5 NAAQS pursuant to the general implementation 
provisions of subpart 1 of part D of title I of the CAA, rather than 
pursuant to the additional implementation provisions specific to 
particulate matter nonattainment areas in subpart 4. The court ordered 
EPA to ``repromulgate these rules pursuant to Subpart 4 consistent with 
this opinion.'' Id. at 437. However, as the requirements of subpart 4 
only pertain to nonattainment areas, it is EPA's position that the 
portions of the 2008 NSR PM2.5 Rule that address 
requirements for PM2.5 in attainment and unclassifiable 
areas are not affected by the DC Circuit's opinion in NRDC v. EPA. 
Moreover, EPA does not anticipate the need to revise any PSD 
requirements promulgated in the 2008 NSR PM2.5 Rule in order 
to comply with the court's decision. Accordingly, EPA's approval of 
Virginia's SIP as to the PSD requirements promulgated by the 2008 NSR 
PM2.5 Rule does not conflict with the DC Circuit's opinion.
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    \4\ See 706 F.3d 428 (D.C. Cir. 2013).
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II. Summary of SIP Revision

    This action amends the previously approved definition of 
``regulated NSR pollutant'' under 9VAC5-80-1615 to be consistent with 
the Federal definition and requirements for condensable PM. 
Additionally, 9VAC5-80-1615(B) is revised to correct a minor 
typographical error (a regulatory citation to an incorrect section of 
the VAC). The revisions being approved were effective in the 
Commonwealth of Virginia on May 22, 2013.

III. 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, the EPA is finalizing the incorporation by reference of revisions 
to the definitions under 9VAC5-80-1615 as described in Section II of 
this notice. EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the appropriate EPA office (see the ADDRESSES section 
of this preamble for more information).

IV. Final Action

    EPA is approving VADEQ's July 25, 2013 submittal as a revision to 
the Virginia SIP. EPA is publishing this rule without prior proposal 
because EPA views this as a noncontroversial amendment and anticipates 
no adverse comment. However, in the ``Proposed Rules'' section of this 
Federal Register, EPA is publishing a separate document that will serve 
as the proposal to approve the SIP revision if adverse comments are 
filed. This rule will be effective on June 12, 2015 without further 
notice unless EPA receives adverse comment by May 13, 2015. If EPA 
receives adverse comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect. EPA will address all public comments in a subsequent final rule 
based on the proposed rule. EPA will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time.

[[Page 19543]]

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 section 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 Sec.  10.1-1198, therefore, documents or 
other information needed for civil or criminal enforcement under one of 
these programs could not be 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 
PSD 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. 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 Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

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

[[Page 19544]]

circuit by June 12, 2015. 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. Parties with 
objections to this direct final rule are encouraged to file a comment 
in response to the parallel notice of proposed rulemaking for this 
action published in the proposed rules section of this Federal 
Register, rather than file an immediate petition for judicial review of 
this direct final rule, so that EPA can withdraw this direct final rule 
and address the comment in the proposed rulemaking action.
    This action pertaining to Virginia's PSD program 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, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

     Dated: March 25, 2015.
William C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (c) is amended by revising 
the entry for Section 5-80-1615 to read as follows:


Sec.  52.2420  Identification of plan.

* * * * *
    (c) * * *

                                 EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                             State                           Explanation [former
          State citation              Title/Subject     effective date   EPA Approval date      SIP citation]
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                         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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
5-80-1615........................  Definitions........         5/22/13  4/13/15 [Insert      Revised. Limited
                                                                         Federal Register     approval remains
                                                                         Citation].           in effect.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-08417 Filed 4-10-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                      Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations                                        19541

                                                  [FR Doc. 2015–08182 Filed 4–10–15; 8:45 am]             special arrangements should be made                   I. Background
                                                  BILLING CODE 6560–50–P                                  for deliveries of boxed information.                     On July 25, 2013, VADEQ submitted
                                                                                                             Instructions: Direct your comments to              a formal revision to the Virginia SIP.
                                                                                                          Docket ID No. EPA–R03–OAR–2013–                       The SIP revision consists of an
                                                  ENVIRONMENTAL PROTECTION                                0593. EPA’s policy is that all comments               amendment to the definition of
                                                  AGENCY                                                  received will be included in the public               ‘‘regulated NSR pollutant’’ for VADEQ’s
                                                                                                          docket without change, and may be                     PSD program under Article 8 of Chapter
                                                  40 CFR Part 52                                          made available online at                              80 of the Virginia Administrative Code
                                                                                                          www.regulations.gov, including any                    (VAC), as well as a correction of a minor
                                                  [EPA–R03–OAR–2013–0593; FRL–9925–96–                    personal information provided, unless
                                                  Region–3]                                                                                                     typographical error. The definition
                                                                                                          the comment includes information                      revision pertains to the regulation of
                                                  Approval and Promulgation of Air                        claimed to be Confidential Business                   particulate matter, specifically, gases
                                                  Quality Implementation Plans;                           Information (CBI) or other information                that condense to form particles
                                                  Virginia—Prevention of Significant                      whose disclosure is restricted by statute.            (condensables).
                                                  Deterioration; Amendment to the                         Do not submit information that you                       ‘‘Particulate matter’’ (PM) is a term
                                                  Definition of ‘‘Regulated NSR                           consider to be CBI or otherwise                       used to define an air pollutant that
                                                  Pollutant’’ Concerning Condensable                      protected through www.regulations.gov                 consists of a mixture of solid particles
                                                  Particulate Matter                                      or email. The www.regulations.gov Web                 and liquid droplets found in the
                                                                                                          site is an ‘‘anonymous access’’ system,               ambient air. PM occurs in many sizes
                                                  AGENCY: Environmental Protection                        which means EPA will not know your                    and shapes and can be made up of
                                                  Agency (EPA).                                           identity or contact information unless                hundreds of different chemicals. As
                                                  ACTION: Direct final rule.                              you provide it in the body of your                    explained further in the discussion that
                                                                                                          comment. If you send an email                         follows, EPA has regulated several size
                                                  SUMMARY:   The Environmental Protection                 comment directly to EPA without going                 ranges of particles under the CAA,
                                                  Agency (EPA) is taking direct final                     through www.regulations.gov, your                     referred to as indicators of particles,
                                                  action to approve a July 25, 2013 State                 email address will be automatically                   namely PM, coarse PM (PM10), and fine
                                                  Implementation Plan (SIP) revision                      captured and included as part of the                  PM (PM2.5).
                                                  submitted by the Virginia Department of                 comment that is placed in the public                     Initially, EPA established a National
                                                  Environmental Quality (VADEQ) for the                   docket and made available on the                      Ambient Air Quality Standard (NAAQS)
                                                  Commonwealth of Virginia. The                           Internet. If you submit an electronic                 for PM on April 30, 1971, under
                                                  revision includes a correction to the                   comment, EPA recommends that you                      sections 108 and 109 of the CAA. See
                                                  definition of ‘‘regulated NSR [New                      include your name and other contact                   36 FR 8186. Compliance with the
                                                  Source Review] pollutant’’ as it relates                information in the body of your                       original PM NAAQS was based on the
                                                  to condensable particulate matter under                 comment and with any disk or CD–ROM                   measurement of particles in the ambient
                                                  Virginia’s Prevention of Significant                    you submit. If EPA cannot read your                   air using an indicator of particles
                                                  Deterioration (PSD) program. The                        comment due to technical difficulties                 measuring up to a nominal size of 25 to
                                                  revision also includes the correction of                and cannot contact you for clarification,             45 micrometers (mm). EPA used the
                                                  a minor typographical error. EPA is                     EPA may not be able to consider your                  indicator name ‘‘total suspended
                                                  approving these revisions to the Virginia               comment. Electronic files should avoid                particulate’’ or ‘‘TSP’’ to define the
                                                  SIP in accordance with the requirements                 the use of special characters, any form               particle size range that was being
                                                  of the Clean Air Act (CAA).                             of encryption, and be free of any defects             measured. Total suspended particulate
                                                  DATES: This rule is effective on June 12,               or viruses.                                           remained the indicator for the PM
                                                  2015 without further notice, unless EPA                    DOCKET: All documents in the
                                                                                                                                                                NAAQS until 1987 when EPA revised
                                                  receives adverse written comment by                     electronic docket are listed in the                   the NAAQS in part by replacing the TSP
                                                  May 13, 2015. If EPA receives such                      www.regulations.gov index. Although                   indicator for both the primary and
                                                  comments, it will publish a timely                      listed in the index, some information is              secondary standards with a new
                                                  withdrawal of the direct final rule in the              not publicly available, i.e., CBI or other            indicator that includes only those
                                                  Federal Register and inform the public                  information whose disclosure is                       particles with an aerodynamic diameter
                                                  that the rule will not take effect.                     restricted by statute. Certain other                  less than or equal to a nominal 10 mm
                                                  ADDRESSES: Submit your comments,                        material, such as copyrighted material,               (PM10).
                                                  identified by Docket ID Number EPA–                     is not placed on the Internet and will be                On July 18, 1997, the EPA made
                                                  R03–OAR–2013–0593 by one of the                         publicly available only in hard copy                  significant revisions to the PM NAAQS
                                                  following methods:                                      form. Publicly available docket                       in several respects. While the EPA
                                                     A. www.regulations.gov. Follow the                   materials are available either                        determined that the PM NAAQS should
                                                  on-line instructions for submitting                     electronically in www.regulations.gov or              continue to focus on PM10, EPA also
                                                  comments.                                               in hard copy during normal business                   determined that the fine and coarse
                                                     B. Email: campbell.dave@epa.gov.                     hours at the Air Protection Division,                 fractions of PM10 should be considered
                                                     C. Mail: EPA–R03–OAR–2013–0593,                      U.S. Environmental Protection Agency,                 separately. Accordingly, on July 18,
                                                  David Campbell, Associate Director,                     Region III, 1650 Arch Street,                         1997, the EPA added a new indicator for
                                                  Office of Permits and Air Toxics,                       Philadelphia, Pennsylvania 19103.                     fine particles with a nominal mean
                                                  Mailcode 3AP10, U.S. Environmental                      Copies of the State submittal are
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                                                                                                                                                                aerodynamic diameter less than or equal
                                                  Protection Agency, Region III, 1650                     available at the Virginia Department of               to 2.5 mm (PM2.5), and continued to use
                                                  Arch Street, Philadelphia, Pennsylvania                 Environmental Quality, 629 East Main                  PM10 as the indicator for purposes of
                                                  19103.                                                  Street, Richmond, Virginia 23219.                     regulating the coarse fraction of PM10.
                                                     D. Hand Delivery: At the previously-                 FOR FURTHER INFORMATION CONTACT:                      See 62 FR 38652.
                                                  listed EPA Region III address. Such                     David Talley, (215) 814–2117, or by                      On May 16, 2008, EPA finalized the
                                                  deliveries are only accepted during the                 email at talley.david@epa.gov.                        ‘‘Implementation of the New Source
                                                  Docket’s normal hours of operation, and                 SUPPLEMENTARY INFORMATION:                            Review (NSR) Program for Particulate


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                                                  19542               Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations

                                                  Matter Less than 2.5 Micrometers                        condensable PM fraction emitted by a                    by the DC Circuit’s opinion in NRDC v.
                                                  (PM2.5)’’ (2008 NSR PM2.5 Rule) to                      source. See 40 CFR 51.166(b)(49)(i) and                 EPA. Moreover, EPA does not anticipate
                                                  implement the 1997 PM2.5 NAAQS,                         52.21(b)(50)(i). In contrast, ‘‘particulate             the need to revise any PSD requirements
                                                  including changes to the NSR program.                   matter emissions’’ is regulated as a non-               promulgated in the 2008 NSR PM2.5
                                                  See 73 FR 28321. The 2008 NSR PM2.5                     criteria pollutant under the portion of                 Rule in order to comply with the court’s
                                                  Rule revised the NSR program                            the definition that refers to ‘‘[a]ny                   decision. Accordingly, EPA’s approval
                                                  requirements to establish the framework                 pollutant that is subject to any standard               of Virginia’s SIP as to the PSD
                                                  for implementing preconstruction                        promulgated under section 111 of the                    requirements promulgated by the 2008
                                                  permit review for the PM2.5 NAAQS in                    Act,’’ where the condensable PM                         NSR PM2.5 Rule does not conflict with
                                                  both attainment and nonattainment                       fraction generally is not required to be                the DC Circuit’s opinion.
                                                  areas. Among other requirements, the                    included in measurements to determine
                                                  2008 NSR PM2.5 Rule required states                     compliance with standards of                            II. Summary of SIP Revision
                                                  and sources to account for condensables                 performance for PM. See 40 CFR                            This action amends the previously
                                                  in PM2.5 emission limits.                               51.166(b)(49)(ii) and 52.21(b)(50)(ii).                 approved definition of ‘‘regulated NSR
                                                     The 2008 NSR PM2.5 Rule contained                       Virginia submitted and EPA                           pollutant’’ under 9VAC5–80–1615 to be
                                                  an error in the regulations for PSD 1 and               previously approved a SIP revision to                   consistent with the Federal definition
                                                  in the EPA’s Emission Offset                            address the provisions of the 2008 PM2.5                and requirements for condensable PM.
                                                  Interpretative Ruling.2 This error was                  NSR Rule which included the errant                      Additionally, 9VAC5–80–1615(B) is
                                                  introduced in the definition of                         language relating to ‘‘particulate matter               revised to correct a minor typographical
                                                  ‘‘regulated NSR pollutant’’ that was                    emissions.’’ See 79 FR 10377 (February                  error (a regulatory citation to an
                                                  revised as part of the final rulemaking.                25, 2014). This direct final rulemaking                 incorrect section of the VAC). The
                                                  The wording of that revised definition                  action makes Virginia’s PSD SIP                         revisions being approved were effective
                                                  had the effect of requiring that PM                     consistent with EPA’s original intent, as               in the Commonwealth of Virginia on
                                                  emissions, PM10 emissions, and PM2.5                    well as consistent with the corrected                   May 22, 2013.
                                                  emissions—representing three separate                   Federal requirements that only PM10
                                                  size ranges or indicators of particles—                 and PM2.5 consider condensables, unless                 III. Incorporation by Reference
                                                  must all include condensables. EPA did                  a specific NSPS or SIP provision
                                                                                                                                                                    In this rule, EPA is finalizing
                                                  not intend in the 2008 NSR PM2.5 Rule                   requires otherwise. Additional
                                                                                                                                                                  regulatory text that includes
                                                  that the term ‘‘particulate matter                      discussion on EPA’s requirements to
                                                                                                                                                                  incorporation by reference. In
                                                  emissions’’ be listed with ‘‘PM2.5                      consider condensables for PM10 and
                                                                                                                                                                  accordance with requirements of 1 CFR
                                                  emissions’’ and ‘‘PM10 emissions’’ in                   PM2.5 for PSD is available in the
                                                                                                                                                                  51.5, the EPA is finalizing the
                                                  requirements to include the                             preamble to EPA’s October 25, 2012
                                                                                                                                                                  incorporation by reference of revisions
                                                  condensable fraction of primary PM.                     rulemaking action, which is included in
                                                                                                                                                                  to the definitions under 9VAC5–80–
                                                  Historically, for ‘‘particulate matter                  the docket for this action.
                                                                                                             EPA notes that on January 4, 2013, the               1615 as described in Section II of this
                                                  emissions’’ often only the filterable
                                                  fraction had been considered for NSR                    U.S. Court of Appeals for the District of               notice. EPA has made, and will
                                                  purposes, consistent with the applicable                Columbia Circuit (DC Circuit), in                       continue to make, these documents
                                                  New Source Performance Standards                        Natural Resources Defense Council v.                    generally available electronically
                                                  (NSPS) for PM and the corresponding                     EPA 4 (hereafter, NRDC v. EPA), issued                  through www.regulations.gov and/or in
                                                  compliance test method. On October 25,                  a decision that remanded the EPA’s                      hard copy at the appropriate EPA office
                                                  2012, EPA promulgated a final rule 3                    rules implementing the 1997 PM2.5                       (see the ADDRESSES section of this
                                                  which revised the definition of                         NAAQS, including the 2008 NSR PM2.5                     preamble for more information).
                                                  ‘‘regulated NSR pollutant’’ to correct the              Rule. The DC Circuit’s remand of the                    IV. Final Action
                                                  error and remove the unintended new                     2008 NSR PM2.5 Rule is relevant to this
                                                  requirement on state and local agencies                 direct final rulemaking. As previously                     EPA is approving VADEQ’s July 25,
                                                  and the regulated community that                        discussed, this rule promulgated NSR                    2013 submittal as a revision to the
                                                  ‘‘particulate matter emissions’’ must                   requirements for implementation of                      Virginia SIP. EPA is publishing this rule
                                                  include condensables in all cases. EPA’s                PM2.5 in both nonattainment areas                       without prior proposal because EPA
                                                  October 25, 2012 action ensured that the                (nonattainment NSR) and attainment/                     views this as a noncontroversial
                                                  originally-intended approach for                        unclassifiable areas (PSD). The DC                      amendment and anticipates no adverse
                                                  regulating the three indicators for                     Circuit found that EPA erred in                         comment. However, in the ‘‘Proposed
                                                  emissions of particulate matter under                   implementing the PM2.5 NAAQS                            Rules’’ section of this Federal Register,
                                                  the PSD program was codified. Thus,                     pursuant to the general implementation                  EPA is publishing a separate document
                                                  ‘‘PM10 emissions’’ and ‘‘PM2.5                          provisions of subpart 1 of part D of title              that will serve as the proposal to
                                                  emissions’’ are regulated as criteria                   I of the CAA, rather than pursuant to the               approve the SIP revision if adverse
                                                  pollutants (that is, under the portion of               additional implementation provisions                    comments are filed. This rule will be
                                                  the definition of ‘‘regulated NSR                       specific to particulate matter                          effective on June 12, 2015 without
                                                  pollutant’’ that refers to ‘‘[a]ny pollutant            nonattainment areas in subpart 4. The                   further notice unless EPA receives
                                                  for which a national ambient air quality                court ordered EPA to ‘‘repromulgate                     adverse comment by May 13, 2015. If
                                                  standard has been promulgated. . .’’                    these rules pursuant to Subpart 4                       EPA receives adverse comment, EPA
                                                  and are required to include the                         consistent with this opinion.’’ Id. at 437.             will publish a timely withdrawal in the
                                                                                                                                                                  Federal Register informing the public
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                                                                                                          However, as the requirements of subpart
                                                    1 See  40 CFR 51.166 and 52.21.                       4 only pertain to nonattainment areas, it               that the rule will not take effect. EPA
                                                    2 See  40 CFR part 51, appendix S.                    is EPA’s position that the portions of the              will address all public comments in a
                                                     3 See 77 FR 65107 (October 25, 2012)
                                                                                                          2008 NSR PM2.5 Rule that address                        subsequent final rule based on the
                                                  (‘‘Implementation of the New Source Review (NSR)        requirements for PM2.5 in attainment                    proposed rule. EPA will not institute a
                                                  Program for Particulate Matter Less Than 2.5
                                                  Micrometers (PM2.5): Amendment to the Definition        and unclassifiable areas are not affected               second comment period on this action.
                                                  of ‘Regulated NSR Pollutant’ Concerning                                                                         Any parties interested in commenting
                                                  Condensable Particulate Matter’’).                        4 See   706 F.3d 428 (D.C. Cir. 2013).                must do so at this time.


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                                                                      Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations                                          19543

                                                  V. General Information Pertaining to                    by Federal law,’’ any person making a                 under the Regulatory Flexibility Act (5
                                                  SIP Submittals From the                                 voluntary disclosure of information to a              U.S.C. 601 et seq.);
                                                  Commonwealth of Virginia                                state agency regarding a violation of an                 • does not contain any unfunded
                                                    In 1995, Virginia adopted legislation                 environmental statute, regulation,                    mandate or significantly or uniquely
                                                  that provides, subject to certain                       permit, or administrative order is                    affect small governments, as described
                                                  conditions, for an environmental                        granted immunity from administrative                  in the Unfunded Mandates Reform Act
                                                  assessment (audit) ‘‘privilege’’ for                    or civil penalty. The Attorney General’s              of 1995 (Pub. L. 104–4);
                                                  voluntary compliance evaluations                        January 12, 1998 opinion states that the                 • does not have Federalism
                                                  performed by a regulated entity. The                    quoted language renders this statute                  implications as specified in Executive
                                                  legislation further addresses the relative              inapplicable to enforcement of any                    Order 13132 (64 FR 43255, August 10,
                                                  burden of proof for parties either                      Federally authorized programs, since                  1999);
                                                                                                          ‘‘no immunity could be afforded from                     • is not an economically significant
                                                  asserting the privilege or seeking
                                                                                                          administrative, civil, or criminal                    regulatory action based on health or
                                                  disclosure of documents for which the
                                                                                                          penalties because granting such                       safety risks subject to Executive Order
                                                  privilege is claimed. Virginia’s
                                                                                                          immunity would not be consistent with                 13045 (62 FR 19885, April 23, 1997);
                                                  legislation also provides, subject to                                                                            • is not a significant regulatory action
                                                  certain conditions, for a penalty waiver                Federal law, which is one of the criteria
                                                                                                          for immunity.’’                                       subject to Executive Order 13211 (66 FR
                                                  for violations of environmental laws                                                                          28355, May 22, 2001);
                                                  when a regulated entity discovers such                     Therefore, EPA has determined that
                                                                                                          Virginia’s Privilege and Immunity                        • is not subject to requirements of
                                                  violations pursuant to a voluntary                                                                            Section 12(d) of the National
                                                  compliance evaluation and voluntarily                   statutes will not preclude the
                                                                                                          Commonwealth from enforcing its PSD                   Technology Transfer and Advancement
                                                  discloses such violations to the                                                                              Act of 1995 (15 U.S.C. 272 note) because
                                                  Commonwealth and takes prompt and                       program consistent with the Federal
                                                                                                          requirements. In any event, because                   application of those requirements would
                                                  appropriate measures to remedy the                                                                            be inconsistent with the CAA; and
                                                  violations. Virginia’s Voluntary                        EPA has also determined that a state
                                                                                                          audit privilege and immunity law can                     • does not provide EPA with the
                                                  Environmental Assessment Privilege                                                                            discretionary authority to address, as
                                                  Law, Va. Code Sec. 10.1–1198, provides                  affect only state enforcement and cannot
                                                                                                          have any impact on Federal                            appropriate, disproportionate human
                                                  a privilege that protects from disclosure                                                                     health or environmental effects, using
                                                  documents and information about the                     enforcement authorities, EPA may at
                                                                                                          any time invoke its authority under the               practicable and legally permissible
                                                  content of those documents that are the                                                                       methods, under Executive Order 12898
                                                  product of a voluntary environmental                    CAA, including, for example, sections
                                                                                                          113, 167, 205, 211 or 213, to enforce the             (59 FR 7629, February 16, 1994).
                                                  assessment. The Privilege Law does not                                                                           In addition, this rule does not have
                                                  extend to documents or information                      requirements or prohibitions of the state
                                                                                                          plan, independently of any state                      tribal implications as specified by
                                                  that: (1) Are generated or developed                                                                          Executive Order 13175 (65 FR 67249,
                                                  before the commencement of a                            enforcement effort. In addition, citizen
                                                                                                          enforcement under section 304 of the                  November 9, 2000), because the SIP is
                                                  voluntary environmental assessment; (2)                                                                       not approved to apply in Indian country
                                                  are prepared independently of the                       CAA is likewise unaffected by this, or
                                                                                                          any, state audit privilege or immunity                located in the state, and EPA notes that
                                                  assessment process; (3) demonstrate a                                                                         it will not impose substantial direct
                                                  clear, imminent and substantial danger                  law.
                                                                                                                                                                costs on tribal governments or preempt
                                                  to the public health or environment; or                 VI. Statutory and Executive Order                     tribal law.
                                                  (4) are required by law.                                Reviews
                                                    On January 12, 1998, the                                                                                    B. Submission to Congress and the
                                                  Commonwealth of Virginia Office of the                  A. General Requirements                               Comptroller General
                                                  Attorney General provided a legal                         Under the CAA, the Administrator is                    The Congressional Review Act, 5
                                                  opinion that states that the Privilege                  required to approve a SIP submission                  U.S.C. 801 et seq., as added by the Small
                                                  Law, Va. Code section 10.1–1198,                        that complies with the provisions of the              Business Regulatory Enforcement
                                                  precludes granting a privilege to                       CAA and applicable Federal regulations.               Fairness Act of 1996, generally provides
                                                  documents and information ‘‘required                    42 U.S.C. 7410(k); 40 CFR 52.02(a).                   that before a rule may take effect, the
                                                  by law,’’ including documents and                       Thus, in reviewing SIP submissions,                   agency promulgating the rule must
                                                  information ‘‘required by Federal law to                EPA’s role is to approve state choices,               submit a rule report, which includes a
                                                  maintain program delegation,                            provided that they meet the criteria of               copy of the rule, to each House of the
                                                  authorization or approval,’’ since                      the CAA. Accordingly, this action                     Congress and to the Comptroller General
                                                  Virginia must ‘‘enforce Federally                       merely approves state law as meeting                  of the United States. EPA will submit a
                                                  authorized environmental programs in a                  Federal requirements and does not                     report containing this action and other
                                                  manner that is no less stringent than                   impose additional requirements beyond                 required information to the U.S. Senate,
                                                  their Federal counterparts. . . .’’ The                 those imposed by state law. For that                  the U.S. House of Representatives, and
                                                  opinion concludes that ‘‘[r]egarding                    reason, this action:                                  the Comptroller General of the United
                                                  § 10.1–1198, therefore, documents or                      • Is not a ‘‘significant regulatory                 States prior to publication of the rule in
                                                  other information needed for civil or                   action’’ subject to review by the Office              the Federal Register. A major rule
                                                  criminal enforcement under one of these                 of Management and Budget under                        cannot take effect until 60 days after it
                                                  programs could not be privileged                        Executive Order 12866 (58 FR 51735,                   is published in the Federal Register.
                                                  because such documents and
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                                                                                                          October 4, 1993);                                     This action is not a ‘‘major rule’’ as
                                                  information are essential to pursuing                     • does not impose an information                    defined by 5 U.S.C. 804(2).
                                                  enforcement in a manner required by                     collection burden under the provisions
                                                  Federal law to maintain program                         of the Paperwork Reduction Act (44                    C. Petitions for Judicial Review
                                                  delegation, authorization or approval.’’                U.S.C. 3501 et seq.);                                   Under section 307(b)(1) of the CAA,
                                                  Virginia’s Immunity law, Va. Code Sec.                    • is certified as not having a                      petitions for judicial review of this
                                                  10.1–1199, provides that ‘‘[t]o the extent              significant economic impact on a                      action must be filed in the United States
                                                  consistent with requirements imposed                    substantial number of small entities                  Court of Appeals for the appropriate


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                                                  19544                   Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations

                                                  circuit by June 12, 2015. Filing a                                  This action pertaining to Virginia’s                        PART 52—APPROVAL AND
                                                  petition for reconsideration by the                              PSD program may not be challenged                              PROMULGATION OF
                                                  Administrator of this final rule does not                        later in proceedings to enforce its                            IMPLEMENTATION PLANS
                                                  affect the finality of this action for the                       requirements. (See section 307(b)(2).)
                                                  purposes of judicial review nor does it                                                                                         ■ 1. The authority citation for part 52
                                                  extend the time within which a petition                          List of Subjects in 40 CFR Part 52
                                                                                                                                                                                  continues to read as follows:
                                                  for judicial review may be filed, and                              Environmental protection, Air
                                                  shall not postpone the effectiveness of                                                                                             Authority: 42 U.S.C. 7401 et seq.
                                                                                                                   pollution control, Carbon monoxide,
                                                  such rule or action. Parties with                                Incorporation by reference,
                                                  objections to this direct final rule are                                                                                        Subpart VV—Virginia
                                                                                                                   Intergovernmental relations, Lead,
                                                  encouraged to file a comment in
                                                                                                                   Nitrogen dioxide, Ozone, Particulate                           ■ 2. In § 52.2420, the table in paragraph
                                                  response to the parallel notice of
                                                                                                                   matter, Reporting and recordkeeping                            (c) is amended by revising the entry for
                                                  proposed rulemaking for this action
                                                                                                                   requirements, Sulfur oxides, Volatile                          Section 5–80–1615 to read as follows:
                                                  published in the proposed rules section
                                                                                                                   organic compounds.
                                                  of this Federal Register, rather than file
                                                  an immediate petition for judicial                                Dated: March 25, 2015.                                        § 52.2420    Identification of plan.
                                                  review of this direct final rule, so that                        William C. Early,                                              *       *    *            *     *
                                                  EPA can withdraw this direct final rule                          Acting Regional Administrator, Region III.                         (c) * * *
                                                  and address the comment in the
                                                  proposed rulemaking action.                                           40 CFR part 52 is amended as follows:

                                                                                                      EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES
                                                                                                                                         State effective                                                  Explanation [former SIP cita-
                                                               State citation                               Title/Subject                                               EPA Approval date
                                                                                                                                              date                                                                    tion]


                                                           *                           *                           *                         *                            *                       *                        *

                                                                                                      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


                                                          *                              *                        *                                *                          *                       *                      *
                                                  5–80–1615 .............................. Definitions ..............................               5/22/13        4/13/15 [Insert Federal Reg-           Revised. Limited approval re-
                                                                                                                                                                     ister Citation].                       mains in effect.

                                                               *                           *                           *                           *                          *                       *                        *



                                                  *       *        *       *       *                               submitted SIP revision contains the                              1. Federal eRulemaking Portal:
                                                  [FR Doc. 2015–08417 Filed 4–10–15; 8:45 am]                      District’s demonstration regarding                             www.regulations.gov. Follow the on-line
                                                  BILLING CODE 6560–50–P                                           Reasonably Available Control                                   instructions.
                                                                                                                   Technology (RACT) requirements for                               2. Email: steckel.andrew@epa.gov.
                                                                                                                   the 1997 8-hour ozone National                                   3. Mail or deliver: Andrew Steckel
                                                  ENVIRONMENTAL PROTECTION                                         Ambient Air Quality Standards                                  (Air–4), U.S. Environmental Protection
                                                  AGENCY                                                           (NAAQS). The submitted SIP revision                            Agency Region IX, 75 Hawthorne Street,
                                                                                                                   also contains negative declarations for                        San Francisco, CA 94105–3901.
                                                  40 CFR Part 52                                                                                                                    Instructions: All comments will be
                                                                                                                   volatile organic compound (VOC)
                                                                                                                                                                                  included in the public docket without
                                                  [EPA–R09–OAR–2014–0832; FRL–9925–33–                             source categories for the NSAQMD. We                           change and may be made available
                                                  Region 9]                                                        are approving the submitted SIP                                online at www.regulations.gov,
                                                                                                                   revision under the Clean Air Act as                            including any personal information
                                                  Revisions to the California State                                amended in 1990 (CAA or the Act).
                                                  Implementation Plan, Northern Sierra                                                                                            provided, unless the comment includes
                                                  Air Quality Management District                                  DATES:  This rule is effective on June 12,                     Confidential Business Information (CBI)
                                                                                                                   2015 without further notice, unless EPA                        or other information whose disclosure is
                                                  AGENCY: Environmental Protection                                 receives adverse comments by May 13,                           restricted by statute. Information that
                                                  Agency (EPA).                                                    2015. If we receive such comments, we                          you consider CBI or otherwise protected
                                                  ACTION: Direct Final rule.                                       will publish a timely withdrawal in the                        should be clearly identified as such and
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                                                                                                                   Federal Register to notify the public                          should not be submitted through
                                                  SUMMARY:   The Environmental Protection                          that this direct final rule will not take                      www.regulations.gov or email.
                                                  Agency (EPA) is taking direct final                              effect.                                                        www.regulations.gov is an ‘‘anonymous
                                                  action to approve a revision to the                                                                                             access’’ system, and EPA will not know
                                                  Northern Sierra Air Quality                                      ADDRESSES:  Submit comments,                                   your identity or contact information
                                                  Management District (NSAQMD or the                               identified by docket number EPA–R09–                           unless you provide it in the body of
                                                  District) portion of the California State                        OAR–2014–0832, by one of the                                   your comment. If you send email
                                                  Implementation Plan (SIP). The                                   following methods:                                             directly to EPA, your email address will


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Document Created: 2015-12-18 11:21:57
Document Modified: 2015-12-18 11:21:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on June 12, 2015 without further notice, unless EPA receives adverse written comment by May 13, 2015. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.
ContactDavid Talley, (215) 814-2117, or by email at [email protected]
FR Citation80 FR 19541 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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