[Federal Register: June 27, 2003 (Volume 68, Number 124)]
[Rules and Regulations]
[Page 38191-38197]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn03-11]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[VA087-5057a; FRL-7519-2]
Approval and Promulgation of Air Quality Implementation Plans and
Approval Under Section 112(l) of the Clean Air Act; Virginia; State
Operating Permit Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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[[Page 38192]]
SUMMARY: EPA is taking direct final action to approve a revision to the
Commonwealth of Virginia State Implementation Plan (SIP). The revision
consists of Virginia's state operating permit program. EPA is approving
this revision in accordance with the requirements of sections 110 and
112 of Clean Air Act.
DATES: This rule is effective on August 26, 2003 without further
notice, unless EPA receives adverse written comment by July 28, 2003.
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: Comments should be addressed to Mr. David Campbell, Permits
and Technical Assessment Branch, Mailcode 3AP11, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Electronic comments should be sent either to
campbell.dave@epa.gov or to http://www.regulations.gov. To submit
comments, please follow the detailed instructions listed in Part VI of
the Supplementary Information section. Copies of the documents relevant
to this action are available for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103 and the Virginia Department of Environmental
Quality, 629 East Main Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT: David Campbell, (215) 814-2196, or by
e-mail at campbell.dave@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On April 13, 1998, the Commonwealth of Virginia submitted a formal
revision to its State Implementation Plan (SIP). The SIP revision
consists of a regulation to implement a state operating permit program
that provides a procedural and legal basis for the issuance of
federally enforceable operating permits. On October 1, 1999, Virginia
also requested approval of its state operating permit program pursuant
to section 112(l) of the Clean Air Act.
Federally enforceable state operating permits (FESOPs) may be used
to establish emission standards and other source-specific regulatory
requirements for stationary sources of air pollution. FESOPs are
frequently employed by permitting authorities to accomplish one or more
of the following objectives: To designate a source as a synthetic minor
source with regard to applicability of federal requirements and
standards, such as new source review; to combine a source's
requirements under multiple permits into one permit; to implement
emissions trading requirements; to cap the emissions of a source
contributing to a violation of any air quality standard; or, to
establish a source-specific emission standard or other requirements
necessary to implement the federal Clean Air Act or state air statutes
and regulations.
On February 23, 1993, EPA approved a revision to Virginia's SIP at
40 CFR 52.2420(c)(94) (currently cited as 40 CFR 53.2465(c)(94)
pertaining to the Commonwealth's state operating permit program,
previously Virginia Regulations for the Control of Air Pollution Part
VIII, Section 120-08-04 (currently cited as 9 VAC 5-80-40.) (See, 58 FR
10982.) This state operating permit program allowed for the issuance of
federally enforceable state operating permits or FESOPs. All sources of
air pollution in Virginia with emissions above identified threshold
levels were required to obtain a state operating permit. State
operating permits under this program were considered federally
enforceable if they were subject to the public participation provisions
of the program.
In its April 13, 1998 SIP revision request, Virginia is seeking to
replace the state operating permit program approved by EPA at 40 CFR
52.2465(c)(94) with a new permit program. In fact, Virginia has
repealed 9 VAC 5-80-40. (However, state operating permits issued in
accordance with this version of the permit program will remain
federally enforceable, if applicable, until the permit expires or
Virginia issues a superseding permit.) The new state operating permit
program that is the subject of this action is fundamentally very
similar to the previous permit program. The main distinction is that
for most stationary sources of air pollution the new program is
voluntary rather than compulsory.
II. Evaluation of State Operating Permit Program Under Section 110 of
the Act
On June 28, 1989, EPA amended the definition of ``federally
enforceable'' to clarify that terms and conditions contained in state-
issued operating permits are federally enforceable for purposes of
limiting a source's maximum potential emission rates or potential-to-
emit (PTE). This is true provided that the state's operating permit
program is approved into the SIP under section 110 of the Clean Air Act
as meeting certain conditions, and provided that the permit conforms to
the requirements of the approved program. The conditions for EPA
approval discussed in the June 28, 1989 notice establish five criteria
for approving a state operating permit program. (See, 54 FR 27274-
27286.) The following describes each of the criteria for approval of a
state operating permit program for the issuance of federally
enforceable operating permits for purposes of limiting a source's PTE
and how the Virginia's SIP submittal satisfies those criteria.
Criterion 1. The state operating permit program (i.e., the
regulations or other administrative framework describing how such
permits are issued) must be submitted to and approved by EPA as a SIP
revision. On April 13, 1998, the Commonwealth of Virginia submitted an
administratively and technically complete SIP revision request for
approval of its state operating permit program. The permit program, 9
VAC 5-80-800 through 1040, provides the framework for permit issuance.
Criterion 2. The SIP revision must impose a legal obligation that
operating permit holders adhere to the terms and limitations of such
permits (or subsequent revisions of the permit made in accordance with
the approved operating permit program) and provide that permits which
do not conform to the operating permit program requirements and the
requirements of EPA's underlying regulations may be deemed not
``federally enforceable'' by EPA. The permit program explicitly
requires, at 9 VAC 5-80-850.G, that permits issued under the program
ensure that the permittee shall adhere to all terms and conditions
contained in its permit. The general provisions of the permit program
at 9 VAC 5-80-820.F establish that permits are considered ``federally
enforceable'' only if they meet the requirements of the permit program
and of EPA's underlying regulations. The list of requirements includes
those criteria discussed in this document. Furthermore, the permit
program's definitions of ``enforceable as a practical matter'' and
``federally enforceable'' require that permit terms must meet EPA's
minimum criteria for federal enforceability, including public
participation and practical enforceability requirements.
Criterion 3. The state operating permit program must require that
all emission limitations, controls, and other requirements imposed by
such permits will be at least as stringent as any applicable
limitations and requirements contained in the SIP, or enforceable under
the SIP, and that the program
[[Page 38193]]
may not issue permits that waive, or make less stringent, any
limitations or requirements contained in or issued pursuant to the SIP,
or that are otherwise ``federally enforceable'' (e.g. standards
established under sections 111 and 112 of the Clean Air Act). The
permit program, at 9 VAC 5-80-820.F, requires that all ``federally
enforceable'' permits shall contain emission limitations and other
requirements that are at least as stringent as any applicable
limitation in the SIP. The program also establishes that no permit
shall contravene the requirements of any other permit (e.g. new source
review permit) issued to a particular permittee.
Criterion 4. The limitations, controls, and requirements of the
state operating permits must be permanent, quantifiable, and otherwise
enforceable as a practical matter. The permit program defines
``enforceable as a practical matter'' to mean that a permit condition
is permanent, quantifiable, and technically accurate and quantifiable.
Also, emission limitations must provide averaging times that are at
least monthly or shorter. Sufficient recordkeeping, reporting, and
monitoring provisions must also be provided to ensure compliance.
Furthermore, the regulation states that a permit condition must be
``enforceable as a practical matter'' in order to be considered
``federally enforceable.''
Criterion 5. The permits are issued subject to public
participation. This means that the state agrees, as part of its
program, to provide EPA and the public with timely notice of the
proposal and issuance of such permits, and to provide EPA, on a timely
basis, with a copy of each proposed (or draft) and final permit
intended to be federally enforceable. This process must also provide
for an opportunity for public comment on the permit applications prior
to the issuance of the final permit. The ``federally enforceable''
permits issued under the permit program are subject to public
participation. The permit program's public participation provisions at
9 VAC 5-80-1020 require that for a permit to be federally enforceable
the draft permit must be subject to a 30-day public comment period that
is adequately publicized. The permit program also provides the
opportunity for a public hearing. The general provisions of the permit
program at 9 VAC 5-80-820.F require Virginia to provide EPA with a copy
of the draft permit and final permit on a timely basis.
Permits that do not undergo the public participation provisions of
9 VAC 5-80-1020 are not considered federally enforceable state
operating permits. Such permits are only enforceable by the
Commonwealth of Virginia unless action is taken to otherwise confer
federal enforceability on an individual permit (e.g. approval of a
state permit as part of a source-specific SIP revision.) As discussed
earlier, Virginia's revised state operating permit program is
voluntary. Likewise, the decision to issue an operating permit that is
also federally enforceable is a discretionary authority of the
Commonwealth of Virginia. Therefore, only a certain number of the
permits issued pursuant to Virginia's operating permit program will be
``federally enforceable'.
In conclusion, Virginia's operating permit program clearly
satisfies the criteria for approval of a state program for the issuance
of federally enforceable operating permits for purposes of limiting a
source's PTE and is, therefore, approved as a SIP revision. The
criteria discussed above relates to operating permit programs that are
to approved as part of the SIP under section 110 of the Clean Air Act.
In general, FESOP permit programs approved under a SIP relate only to
those pollutants regulated under section 110, that is criteria
pollutants. Virginia is also seeking approval of its state operating
permit program under section 112 of the Clean Air Act for the purpose
of limiting the PTE of hazardous air pollutants. The following is a
discussion of EPA's criteria for approval of the permit program under
section 112.
III. Evaluation of State Operating Permit Program Under Section 112 of
the Act
As part of this action, EPA is approving, pursuant to section
112(l) of the Clean Air Act, the Commonwealth of Virginia's October 1,
1999 request for authority to regulate hazardous air pollutant (HAPs)
through the issuance of a federally enforceable state operating permit.
Approval pursuant to section 112(l) of the Act would grant the
Commonwealth authority to issue federally enforceable permits which
limit PTE of HAPs. The EPA has determined that the five approval
criteria for approving FESOP programs into the SIP, as specified in the
June 28, 1989 Federal Register notice referenced above, are also
appropriate for evaluating and approving operating permit programs
under section 112(l). The June 28, 1989 notice does not address HAPs
because it was written prior to the 1990 amendments to section 112 of
the Act. Since the Commonwealth's operating permits program meets the
five program approval criteria for both criteria and hazardous air
pollutants, it may be used to limit the potential to emit of both
criteria and hazardous air pollutants.
In addition to meeting the criteria discussed above, the
Commonwealth's permit program for limiting potential to emit of HAPs
must meet the statutory criteria for approval under section 112(l)(5)
of the Act. This section allows EPA to approve a program only if it:
(1) Contains adequate authority to assure compliance with any section
112 standard or requirement; (2) provides for adequate resources; (3)
provides for an expeditious schedule for assuring compliance with
section 112 requirements; and (4) is otherwise likely to satisfy the
objectives of the Act.
The EPA is approving the Commonwealth's state operating permit
program pursuant to section 112(l) of the Act because the program meets
the applicable approval criteria in section 112(l)(5) of the Act.
Regarding the statutory criteria of section 112(l)(5) of the Act, EPA
believes the Commonwealth's state operating permit program contains
adequate authority to assure compliance with section 112 requirements
since the program does not waive any section 112 requirement(s).
Sources would still be required to meet section 112 requirements
applicable to non-major sources. Regarding adequate resources, the
Commonwealth has included in its state operating permit program
provisions for the collection of fees from sources obtaining permits.
Furthermore, EPA believes that the Commonwealth's state operating
permit program provides for an expeditious schedule for assuring
compliance because they allow a source to establish a voluntary limit
on potential to emit and avoid being subject to a federal Clean Air Act
requirement applicable on a particular date. Nothing in the
Commonwealth's operating permit program would allow a source to avoid
or delay compliance with a federal requirement if it fails to obtain
the appropriate federally enforceable limit by the relevant deadline.
The Commonwealth's state operating permit program is consistent with
the objectives of the section 112 program because its purpose is to
enable sources to obtain federally enforceable limits on potential to
emit to avoid major source classification under section 112. The EPA
believes that this purpose is consistent with the overall intent of
section 112.
[[Page 38194]]
IV. Implementation of Virginia's State Operating Permit Program as a
Federally-Enforceable State Operating Permit Program
Virginia's operating permit program regulations became effective on
April 1, 1998. The Commonwealth has been implementing this program
since that date. Upon the effective date of EPA's approval of this
program, all permits issued by Virginia pursuant to, and in adherence
with, the requirements of 9 VAC 5-80-800 through 1040, in general, and
meeting the specific requirements of 9 VAC 5-80-1020, specifically,
shall be considered federally enforceable state operating permits.
Likewise, any permits issued after the effective date of this action
may be considered federally enforceable provided they meet the same
conditions.
Each permit that meet the requirements of 9 VAC 5-80-800 through
1040, including 9 VAC 5-80-1020 are to be considered federally
enforceable in their entirety. The EPA does not interpret Virginia's
regulations to allow for an individual operating permit to have both
federal enforceable and state-only enforceable conditions or sections.
The EPA does not believe it is the Commonwealth's intention to attempt
to implement its program in such a manner.
Since Virginia's operating permit program provides for the issuance
of federal enforceable permits and state-only enforceable permits, EPA
believes it is important for the Commonwealth to clearly identify the
enforceability status of each permit it issues within the body of the
permit. Such identification is critical for the proper implementation
of this program and other programs such as the Commonwealth's title V
operating permit program. When it issues a federally enforceable
operating permit, Virginia should also ensure that the proper and
appropriate documentation associated with fulfilling the requirements
of 9 VAC 5-80-1020 are maintained as an intrinsic part of the permit
document.
V. Virginia's Voluntary Environmental Assessment Privilege Law
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 (1) that are generated or developed
before the commencement of a voluntary environmental assessment; (2)
that are prepared independently of the assessment process; (3) that
demonstrate a clear, imminent and substantial danger to the public
health or environment; or (4) that are required by law.
On January 12, 1997, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts. * * *'' The opinion
concludes that ``[r]egarding 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,
1997 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
operating permits 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 Clean Air Act, 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 Clean Air Act is
likewise unaffected by this, or any, state audit privilege or immunity
law.
VI. Final Action
The EPA is approving the Commonwealth of Virginia's state operating
permit program pursuant to sections 110 and 112 of the Clean Air Act.
The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. However, in the ``Proposed Rules'' section of today's
Federal Register, EPA is publishing a separate document that will serve
as the proposal to approve the SIP revision and section 112(l) approval
if adverse comments are filed. This rule will be effective on August
26, 2003 without further notice unless EPA receives adverse comment by
July 28, 2003. 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. The EPA will address all public comments in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
You may submit comments either electronically or by mail. To ensure
proper receipt by EPA, identify the appropriate rulemaking
identification number VA087-5057 in the subject line on the first page
of your comment. Please ensure that your comments are
[[Page 38195]]
submitted within the specified comment period. Comments received after
the close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. 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.
i. E-mail. Comments may be sent by electronic mail (e-mail) to
campbell.dave@epa.gov, attention VA087-5057. EPA's e-mail system is not
an ``anonymous access'' system. If you send an e-mail comment directly
without going through Regulations.gov, EPA's e-mail system
automatically captures your e-mail address. E-mail addresses that are
automatically captured by EPA's e-mail system are included as part of
the comment that is placed in the official public docket, and made
available in EPA's electronic public docket.
ii. Regulations.gov. Your use of Regulation.gov is an alternative
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov
, then select ``Environmental Protection Agency'' at
the top of the page and use the ``go'' button. The list of current EPA
actions available for comment will be listed. Please follow the online
instructions for submitting comments. The system is an ``anonymous
access'' system, which means EPA will not know your identity, e-mail
address, or other contact information unless you provide it in the body
of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in the ADDRESSES
section of this document. These electronic submissions will be accepted
in WordPerfect, Word or ASCII file format. Avoid the use of special
characters and any form of encryption.
2. By Mail. Written comments should be addressed to the EPA
Regional office listed in the ADDRESSES section of this document.
VII. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 rule 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. This rule 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 26, 2003. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action approving Virginia's state operating permit
program may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
[[Page 38196]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Reporting and
recordkeeping requirements.
Dated: June 17, 2003.
Richard J. Kampf,
Acting Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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: (a)
Adding the entries for 9 VAC 5-20-220, 9 VAC 5-20-230 after the
existing entry 9 VAC 5-20-206; and, (b) removing the entry for 9 VAC 5-
80-40 and adding in its place entries for 9 VAC 5-80-800 through 9 VAC
5-80-1040. The revisions read as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) EPA approved regulations.
EPA-Approved Regulations in the Virginia SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
Explanation (Former SIP
State citation (9 VAC 5) Title/subject State effective date EPA approval date citation)
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* * * * * * *
Chapter 20--General Provisions [Part II]
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
5-20-220.......................... Shutdown of a April 1, 1998........ June 27, 2003 and Federal Register cite.
stationary source.
5-20-230.......................... Certification of April 1, 1998........ June 27, 2003 and Federal Register cite.
documents.
-----------------------------------
* * * * * * *
Chapter 80--Permits for New and
Modified Sources [Part VIII]
-----------------------------------
Article 5--State Operating Permits
-----------------------------------
5-80-800.......................... Applicability......... April 1, 1998........ June 27, 2003 and Federal Register cite.
5-80-810.......................... Definitions........... April 1, 1998........ June 27, 2003 and Federal Register cite.
5-80-820.......................... General............... April 1, 1998........ June 27, 2003 and Federal Register cite.
5-80-830.......................... Applications.......... April 1, 1998........ June 27, 2003 and Federal Register cite.
5-80-840.......................... Application April 1, 1998........ June 27, 2003 and Federal Register cite.
information required.
5-80-850.......................... Standards and April 1, 1998........ June 27, 2003 and Federal Register cite.
conditions for
granting permits.
5-80-860.......................... Action on permit April 1, 1998........ June 27, 2003 and Federal Register cite.
application.
5-80-870.......................... Application review and April 1, 1998........ June 27, 2003 and Federal Register cite.
analysis.
5-80-880.......................... Compliance April 1, 1998........ June 27, 2003 and Federal Register cite.
determination and
verification by
testing.
5-80-890.......................... Monitoring April 1, 1998........ June 27, 2003 and Federal Register cite.
requirements.
5-80-900.......................... Reporting requirements April 1, 1998........ June 27, 2003 and Federal Register cite.
5-80-910.......................... Existence of permit no April 1, 1998........ June 27, 2003 and Federal Register cite.
defense.
5-80-920.......................... Circumvention......... April 1, 1998........ June 27, 2003 and Federal Register cite.
5-80-930.......................... Compliance with local April 1, 1998........ June 27, 2003 and Federal Register cite.
zoning requirements.
5-80-940.......................... Transfer of permits... April 1, 1998........ June 27, 2003 and Federal Register cite.
5-80-950.......................... Termination of permits April 1, 1998........ June 27, 2003 and Federal Register cite.
5-80-960.......................... Changes to permits.... April 1, 1998........ June 27, 2003 and Federal Register cite.
5-80-970.......................... Administrative permit April 1, 1998........ June 27, 2003 and Federal Register cite.
amendments.
5-80-980.......................... Minor permit April 1, 1998........ June 27, 2003 and Federal Register cite.
amendments.
[[Page 38197]]
5-80-990.......................... Significant permit April 1, 1998........ June 27, 2003 and Federal Register cite.
amendments.
5-80-1000......................... Reopening for cause... April 1, 1998........ June 27, 2003 and Federal Register cite.
5-80-1010......................... Enforcement........... April 1, 1998........ June 27, 2003 and Federal Register cite.
5-80-1020......................... Public participation.. April 1, 1998........ June 27, 2003 and Federal Register cite.
5-80-1030......................... General permits....... April 1, 1998........ June 27, 2003 and Federal Register cite.
5-80-1040......................... Review and evaluation April 1, 1998........ June 27, 2003 and Federal Register cite.
of article.
* * * * * * *
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* * * * *
[FR Doc. 03-16233 Filed 6-26-03; 8:45 am]
BILLING CODE 6560-50-U