81 FR 56555 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Minor New Source Review Requirements

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 162 (August 22, 2016)

Page Range		56555-56556
FR Document		2016-19768

The Environmental Protection Agency (EPA) proposes to approve the state implementation plan (SIP) revision submitted by the Commonwealth of Virginia on July 15, 2013 pertaining to preconstruction permitting requirements under Virginia's minor New Source Review (NSR) program. In the Rules and Regulations 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. Additionally, a more detailed description of the state submittal and EPA's evaluation is included in a technical support document (TSD) prepared in support of this rulemaking action. A copy of the TSD is available, upon request, from the EPA Regional Office listed in the ADDRESSES section of this document or is also available electronically within the Docket for this rulemaking action at www.regulations.gov. 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 If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule.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 162 (Monday, August 22, 2016)

[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Proposed Rules]
[Pages 56555-56556]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19768]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0642; FRL-9950-90-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Minor New Source Review Requirements

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 on July 15, 2013 pertaining to preconstruction 
permitting requirements under Virginia's minor New Source Review (NSR) 
program. In the Rules and Regulations 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. Additionally, a more detailed description of the state submittal 
and EPA's evaluation is included in a technical support document (TSD) 
prepared in support of this rulemaking action. A copy of the TSD is 
available, upon request, from the EPA Regional Office listed in the 
ADDRESSES section of this document or is also available electronically 
within the Docket for this rulemaking action at www.regulations.gov. 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 September 21, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2015-0642 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

[[Page 56556]]

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 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: David Talley, (215) 814-2117, 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: August 9, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2016-19768 Filed 8-19-16; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Proposed Rules 56555

Bypass which extends due south from the opening at ramp 44, running continuously behind the dunes until
the bypass connects with the beach.
Interdunal route (‘‘Inside Road’’) from intersection with Lighthouse Road (i.e. ramp 44) to ramp 49, with
one spur route from the interdunal route to ramp 48.
Just east of Ramp 48 to east Frisco boundary.
A soundside ORV access route from Museum Drive to Pamlico Sound near Coast Guard Station Hatteras
Inlet.
Pole Road from Museum Drive to Spur Road to Pamlico Sound, with one spur route, commonly known as
Cable Crossing, to Pamlico Sound and four spur routes to the ORV route below.
Ramp 55 southwest along the ocean beach for 1.6 miles, ending at the intersection with the route com-
monly known as Bone Road.
Seasonal: Open to ORV use Octo- 0.1 mile south of Rodanthe Pier to 1.5 mile south of ramp 23.
ber 15 through April 14. 1.0 mile north of ramp 34 to ramp 38 (Avon).
East Frisco boundary to west Frisco boundary (Frisco village beach).
East Hatteras boundary to ramp 55 (Hatteras village beach).

Ocracoke Island—Designated Routes

Year Round ..................................... Ramp 59 to just southwest of ramp 63.
Routes from NC Highway 12 to Pamlico Sound located north of the Pony Pens, commonly known as
Prong Road, Barrow Pit Road, and Scrag Cedar Road.
1.0 mile northeast of ramp 67 to 0.5 mile northeast of ramp 68.
0.4 miles northeast of ramp 70 to Ocracoke inlet.
From ramp 72 to a pedestrian trail to Pamlico Sound, commonly known as Shirley’s Lane.
Seasonal: October 15 through April 0.5 mile northeast of ramp 68 to ramp 68 (Ocracoke Campground area).
14.
Seasonal: September 15 through A route 0.6 mile south of ramp 72 from the beach route to a pedestrian trail to Pamlico Sound.
March 14. A route at the north end of South Point spit from the beach route to Pamlico Sound.

* * * * * (i) Hours of operation and night-
(12) Night-Driving Restrictions/Hours driving restrictions are listed in the
of ORV Operation. following table:

Hours Of Operation/Night Driving Restrictions

November 16–April 30 .................... All designated ORV routes are open 24 hours a day.
May 1–September 14 ..................... Designated ORV routes in sea turtle nesting habitat (ocean intertidal zone, ocean backshore, dunes) are
closed at 9 p.m. and open no earlier than 6:00 a.m. The Seashore will publish exact opening times on
an annual basis.
September 15–November 15 .......... Designated ORV routes in sea turtle nesting habitat (ocean intertidal zone, ocean backshore, dunes) are
closed at 9 p.m. and open no earlier than 6:00 a.m., but the Superintendent may open designated ORV
routes, or portions of the routes, 24 hours a day if no turtle nests remain. The Seashore will publish
exact opening times on an annual basis.

* * * * * SUMMARY: The Environmental Protection electronically within the Docket for this
Dated: August 4, 2016. Agency (EPA) proposes to approve the rulemaking action at
Michael Bean, state implementation plan (SIP) revision www.regulations.gov. If no adverse
submitted by the Commonwealth of comments are received in response to
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks. Virginia on July 15, 2013 pertaining to this action, no further activity is
preconstruction permitting contemplated. If EPA receives adverse
[FR Doc. 2016–19844 Filed 8–19–16; 8:45 am]
requirements under Virginia’s minor comments, the direct final rule will be
BILLING CODE 4310–EJ–P
New Source Review (NSR) program. In withdrawn and all public comments
the Rules and Regulations section of this received will be addressed in a
Federal Register, EPA is approving the subsequent final rule based on this
ENVIRONMENTAL PROTECTION State’s SIP submittal as a direct final proposed rule. EPA will not institute a
AGENCY rule without prior proposal because the second comment period. Any parties
Agency views this as a noncontroversial interested in commenting on this action
40 CFR Part 52 should do so at this time.
submittal and anticipates no adverse
[EPA–R03–OAR–2015–0642; FRL–9950–90– comments. A detailed rationale for the DATES: Comments must be received in
Region 3] approval is set forth in the direct final writing by September 21, 2016.
rule. Additionally, a more detailed ADDRESSES: Submit your comments,
Approval and Promulgation of Air description of the state submittal and identified by Docket ID No. EPA–R03–
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Quality Implementation Plans; Virginia; EPA’s evaluation is included in a OAR–2015–0642 at http://
Minor New Source Review technical support document (TSD) www.regulations.gov, or via email to
Requirements prepared in support of this rulemaking campbell.dave@epa.gov. For comments
AGENCY: Environmental Protection action. A copy of the TSD is available, submitted at Regulations.gov, follow the
Agency (EPA). upon request, from the EPA Regional online instructions for submitting
Office listed in the ADDRESSES section of comments. Once submitted, comments
ACTION: Proposed rule.
this document or is also available cannot be edited or removed from

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56556 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Proposed Rules

Regulations.gov. For either manner of and investment casting operations; hot III. Proposed Action
submission, the EPA may publish any mix asphalt plants; and sand and gravel IV. Incorporation by Reference
comment received to its public docket. sources, non-metallic mineral V. Statutory and Executive Order Reviews
Do not submit electronically any processing plants, and cement and I. Background and Purpose
information you consider to be concrete sources. In addition, EPA is
On March 31, 2011, New Hampshire
confidential business information (CBI) proposing to approve a part of a SIP
Department of Environmental Services
or other information whose disclosure is revision submitted by New Hampshire
(NH DES) submitted a State
restricted by statute. Multimedia on March 12, 2003 that establishes
Implementation Plan (SIP) revision,
submissions (audio, video, etc.) must be procedures for testing opacity of
which included a regulation entitled
accompanied by a written comment. emissions (i.e., VE). This action is being
‘‘Sand and Gravel Sources; Non-Metallic
The written comment is considered the taken under the Clean Air Act.
Mineral Processing Plants; Cement and
official comment and should include DATES: Written comments must be
Concrete Sources’’ (New Hampshire
discussion of all points you wish to received on or before September 21, Code of Administrative Rules Chapter
make. The EPA will generally not 2016. (Env-A 2800)).
consider comments or comment ADDRESSES: Submit your comments, On July 23, 2013, NH DES submitted
contents located outside of the primary identified by Docket ID No. EPA–R01– SIP revisions which included the
submission (i.e., on the Web, cloud, or OAR–2016–0285 at http:// following three regulations: ‘‘Particulate
other file sharing system). For www.regulations.gov, or via email to Matter and Visible Emissions
additional submission methods, please Arnold.Anne@epa.gov. For comments Standards’’ (Env-A 2100); ‘‘Ferrous and
contact the person identified in the FOR submitted at Regulations.gov, follow the Non-Ferrous Foundries, Smelters, and
FURTHER INFORMATION CONTACT section. online instructions for submitting Investment Casting Operations’’ (Env-A
For the full EPA public comment policy, comments. Once submitted, comments 2400); and ‘‘Hot Mix Asphalt Plants’’
information about CBI or multimedia cannot be edited or removed from (Env-A 2700).
submissions, and general guidance on Regulations.gov. For either manner of The four submitted regulations (Env-
making effective comments, please visit submission, the EPA may publish any A 2100, 2400, 2700, and 2800) state that
http://www2.epa.gov/dockets/ comment received to its public docket. opacity shall be determined in
commenting-epa-dockets. Do not submit electronically any accordance with test methods
FOR FURTHER INFORMATION CONTACT: information you consider to be established in Env-A 807. On March 12,
David Talley, (215) 814–2117, or by Confidential Business Information (CBI) 2003, the NH DES submitted Env-A 800,
email at talley.david@epa.gov. or other information whose disclosure is ‘‘Testing and Monitoring Procedures,’’
SUPPLEMENTARY INFORMATION: For restricted by statute. Multimedia which included Part Env-A 807. On
further information, please see the submissions (audio, video, etc.) must be November 5, 2012, EPA approved Env-
information provided in the direct final accompanied by a written comment. A 800 as submitted in March 2003 and
action, with the same title, that is The written comment is considered the revised on July 9, 2007. Although the
located in the Rules and Regulations official comment and should include March 2003 submittal included Env-A
section of this Federal Register discussion of all points you wish to 807, the July 2007 submittal did not.
publication. make. The EPA will generally not The November 2012 approval did not
consider comments or comment take action with regard to Env-A 807.
Dated: August 9, 2016.
contents located outside of the primary See 77 FR 66388. Therefore, Env-A 807
Shawn M. Garvin, submission (i.e. on the web, cloud, or submitted on March 12, 2003 is still
Regional Administrator, Region III. other file sharing system). For pending before EPA.
[FR Doc. 2016–19768 Filed 8–19–16; 8:45 am] additional submission methods, please Two of the submitted regulations
BILLING CODE 6560–50–P contact the person identified in the FOR (Env-A 2100 and 2400) included
FURTHER INFORMATION CONTACT section. affirmative defense provisions for
For the full EPA public comment policy, malfunction, which is defined as a
ENVIRONMENTAL PROTECTION information about CBI or multimedia sudden and unavoidable breakdown of
AGENCY submissions, and general guidance on process or control equipment. The New
making effective comments, please visit Hampshire regulations were submitted
40 CFR Part 52 http://www2.epa.gov/dockets/ to EPA after EPA issued a start-up, shut-
[EPA–R01–OAR–2016–0285; A–1–FRL– commenting-epa-dockets. down, and malfunction (SSM) SIP Call
9951–07–Region 1] FOR FURTHER INFORMATION CONTACT: proposal in February 2013 (78 FR
Alison C. Simcox, Air Quality Planning 12460), which would have allowed
Air Plan Approval; New Hampshire; Unit, Air Programs Branch (Mail Code narrowly drawn affirmative defense
Rules for Reducing Particulate OEP05–02), U.S. Environmental provisions in SIPs for malfunction.
Emissions Protection Agency, Region 1, 5 Post However, following issuance of our SIP
AGENCY: Environmental Protection Office Square, Suite 100, Boston, Call proposal, a federal court ruled that
Agency. Massachusetts 02109–3912; (617) 918– the Clean Air Act precludes authority of
ACTION: Proposed rule.
1684; simcox.alison@epa.gov. the EPA to create affirmative defense
SUPPLEMENTARY INFORMATION: provisions. EPA, therefore, believes that
SUMMARY: The Environmental Protection Throughout this document whenever it cannot approve affirmative defense
Agency (EPA) is proposing to approve ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean provisions in SIP submissions, even
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State Implementation Plan (SIP) EPA. narrowly tailored ones for periods of
revisions submitted by the State of New Organization of this document. The malfunction (See NRDC v EPA, 749 F.3d
Hampshire on March 31, 2011 and on following outline is provided to aid in 1055 (D.C. Circuit 2014)). As a result of
July 23, 2013. These SIP revisions locating information in this preamble. the court decision, we issued a
establish particulate matter (PM) and I. Background and Purpose supplemental notice of proposed
visible emissions (VE) standards for the II. EPA’s Evaluation of New Hampshire’s SIP rulemaking (SNPR) on September 17,
following sources: foundries, smelters, Revisions 2014 (79 FR 55920) that rescinded our

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Document Created: 2018-02-09 11:38:21
Document Modified: 2018-02-09 11:38:21

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 September 21, 2016.
Contact		David Talley, (215) 814-2117, or by email at [email protected]
FR Citation		81 FR 56555