81 FR 10181 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Prevention of Significant Deterioration; Fine Particulate Matter (PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 39 (February 29, 2016)

Page Range		10181-10182
FR Document		2016-04240

The Environmental Protection Agency (EPA) proposes to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia which revises Virginia's Prevention of Significant Deterioration (PSD) air quality preconstruction permitting program to be consistent with the federal PSD regulations regarding the use of the significant monitoring concentration (SMC) and significant impact levels (SILs) for fine particulate matter (PM<INF>2.5</INF>) emissions. In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

Federal Register, Volume 81 Issue 39 (Monday, February 29, 2016)

[Federal Register Volume 81, Number 39 (Monday, February 29, 2016)]
[Proposed Rules]
[Pages 10181-10182]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04240]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0006; FRL-9942-89-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Prevention of Significant Deterioration; Fine Particulate 
Matter (PM2.5)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve 
the State Implementation Plan (SIP) revision submitted by the 
Commonwealth of Virginia which revises Virginia's Prevention of 
Significant Deterioration (PSD) air quality preconstruction permitting 
program to be consistent with the federal PSD regulations regarding the 
use of the significant monitoring concentration (SMC) and significant 
impact levels (SILs) for fine particulate matter (PM2.5) 
emissions. In the Final Rules section of this Federal Register, EPA is 
approving the State's SIP submittal as a direct final rule without 
prior proposal because the Agency views this as a noncontroversial 
submittal and anticipates no adverse comments. A detailed rationale for 
the approval is set forth in the direct final rule. If no adverse 
comments are received in response to this action, no further activity 
is contemplated. If EPA receives adverse comments, the direct final 
rule will be withdrawn and all public comments received will be 
addressed in a subsequent final rule based on this proposed rule. EPA 
will not institute a second comment period. Any parties interested in 
commenting on this action should do so at this time.

DATES: Comments must be received in writing by March 30, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0006 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be

[[Page 10182]]

accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e. on the web, 
cloud, or other file sharing system). For additional submission 
methods, please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Himanshu Vyas, (215) 814-2112, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 
    For further information, please see the information provided in the 
direct final action, with the same title, that is located in the 
``Rules and Regulations'' section of this Federal Register publication.

    Dated: February 12, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2016-04240 Filed 2-26-16; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Proposed Rules 10181

submittal. If EPA disapproves the new of the Paperwork Reduction Act (44 ENVIRONMENTAL PROTECTION
submittal, the conditionally approved U.S.C. 3501 et seq.); AGENCY
infrastructure SIP elements for all • is certified as not having a
affected pollutants will be disapproved. 40 CFR Part 52
significant economic impact on a
In addition, a final disapproval triggers substantial number of small entities [EPA–R03–OAR–2016–0006; FRL–9942–89–
the Federal Implementation Plan under the Regulatory Flexibility Act (5 Region 3]
requirement under section 110(c). If U.S.C. 601 et seq.);
EPA approves the new submittal, the Approval and Promulgation of Air
PSD program and relevant infrastructure • does not contain any unfunded Quality Implementation Plans; Virginia;
SIP elements will be fully approved and mandate or significantly or uniquely Prevention of Significant Deterioration;
replace the conditionally approved affect small governments, as described Fine Particulate Matter (PM2.5)
program in the SIP. in the Unfunded Mandates Reform Act
EPA is soliciting public comments on of 1995 (Pub. L. 104–4); AGENCY: Environmental Protection
the issues discussed in this proposal or Agency (EPA).
• does not have Federalism
on other relevant matters. These ACTION: Proposed rule.
implications as specified in Executive
comments will be considered before Order 13132 (64 FR 43255, August 10, SUMMARY: The Environmental Protection
EPA takes final action. Interested parties 1999); Agency (EPA) proposes to approve the
may participate in the Federal
rulemaking procedure by submitting • is not an economically significant State Implementation Plan (SIP)
regulatory action based on health or revision submitted by the
written comments to the EPA New Commonwealth of Virginia which
England Regional Office listed in the safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997); revises Virginia’s Prevention of
ADDRESSES section of this Federal
Significant Deterioration (PSD) air
Register, or by submitting comments • is not a significant regulatory action quality preconstruction permitting
electronically, by mail, or through hand subject to Executive Order 13211 (66 FR program to be consistent with the
delivery/courier following the 28355, May 22, 2001); federal PSD regulations regarding the
directions in the ADDRESSES section of • is not subject to requirements of use of the significant monitoring
this Federal Register. Section 12(d) of the National concentration (SMC) and significant
VI. Incorporation by Reference Technology Transfer and Advancement impact levels (SILs) for fine particulate
Act of 1995 (15 U.S.C. 272 note) because matter (PM2.5) emissions. In the Final
In this rule, EPA is proposing to
application of those requirements would Rules section of this Federal Register,
include in a final EPA rule regulatory
be inconsistent with the Clean Air Act; EPA is approving the State’s SIP
text that includes incorporation by
and submittal as a direct final rule without
reference. In accordance with
• does not provide EPA with the prior proposal because the Agency
requirements of 1 CFR 51.5, EPA is
views this as a noncontroversial
proposing to incorporate by reference discretionary authority to address, as
submittal and anticipates no adverse
several Rhode Island statutes referenced appropriate, disproportionate human
comments. A detailed rationale for the
in Section V above. EPA has made, and health or environmental effects, using
approval is set forth in the direct final
will continue to make, these documents practicable and legally permissible
rule. If no adverse comments are
generally available electronically methods, under Executive Order 12898
received in response to this action, no
through www.regulations.gov and/or in (59 FR 7629, February 16, 1994). further activity is contemplated. If EPA
hard copy at the appropriate EPA office In addition, the SIP is not approved receives adverse comments, the direct
(see the ADDRESSES section of this to apply on any Indian reservation land final rule will be withdrawn and all
preamble for more information). or in any other area where EPA or an public comments received will be
VII. Statutory and Executive Order Indian tribe has demonstrated that a addressed in a subsequent final rule
Reviews tribe has jurisdiction. In those areas of based on this proposed rule. EPA will
Indian country, the rule does not have not institute a second comment period.
Under the CAA, the Administrator is
tribal implications and will not impose Any parties interested in commenting
required to approve a SIP submission
that complies with the provisions of the substantial direct costs on tribal on this action should do so at this time.
Act and applicable Federal regulations. governments or preempt tribal law as DATES: Comments must be received in
42 U.S.C. 7410(k); 40 CFR 52.02(a). specified by Executive Order 13175 (65 writing by March 30, 2016.
Thus, in reviewing SIP submissions, FR 67249, November 9, 2000). ADDRESSES: Submit your comments,
EPA’s role is to approve state choices, List of Subjects in 40 CFR Part 52 identified by Docket ID No. EPA–R03–
provided that they meet the criteria of OAR–2016–0006 at http://
the Clean Air Act. Accordingly, this Environmental protection, Air www.regulations.gov, or via email to
proposed action merely approves state pollution control, Carbon monoxide, johansen.amy@epa.gov. For comments
law as meeting Federal requirements Incorporation by reference, submitted at Regulations.gov, follow the
and does not impose additional Intergovernmental relations, Lead, online instructions for submitting
requirements beyond those imposed by Nitrogen dioxide, Ozone, Particulate comments. Once submitted, comments
state law. For that reason, this proposed matter, Reporting and recordkeeping cannot be edited or removed from
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS

action: requirements, Sulfur oxides, Volatile Regulations.gov. For either manner of
• Is not a significant regulatory action organic compounds. submission, the EPA may publish any
subject to review by the Office of comment received to its public docket.
Dated: February 19, 2016.
Management and Budget under Do not submit electronically any
Deborah A. Szaro, information you consider to be
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821, Acting Regional Administrator, EPA New Confidential Business Information (CBI)
January 21, 2011); England. or other information whose disclosure is
• does not impose an information [FR Doc. 2016–04405 Filed 2–26–16; 8:45 am] restricted by statute. Multimedia
collection burden under the provisions BILLING CODE 6560–50–P submissions (audio, video, etc.) must be

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Document Created: 2016-02-27 02:05:30
Document Modified: 2016-02-27 02:05:30

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Comments must be received in writing by March 30, 2016.
Contact		Himanshu Vyas, (215) 814-2112, or by email at [email protected]
FR Citation		81 FR 10181