[Federal Register Volume 84, Number 73 (Tuesday, April 16, 2019)]
[Proposed Rules]
[Pages 15549-15556]
[FR Doc No: 2019-06875]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R03-OAR-2011-0140; FRL-9991-70-Region 3]

Outer Continental Shelf Air Regulations; Consistency Update for
Virginia

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; consistency update.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
update a portion of the Outer Continental Shelf (OCS) Air Regulations.
Requirements applying to OCS sources located within 25 miles of states'
seaward boundaries must be updated periodically to remain consistent
with the requirements of the corresponding onshore area (COA), as
mandated by section 328(a)(1) of the Clean Air Act (CAA). The portion
of the OCS air regulations that is being updated pertains to the
requirements for OCS sources for which Virginia is the designated COA.
The Commonwealth of Virginia's requirements discussed in this document
are proposed to be incorporated by reference into the Code of Federal
Regulations and listed in the appendix to the OCS air regulations.

DATES: Written comments must be received on or before May 16, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2011-0140 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, 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. 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: Mrs. Amy Johansen, Office of Permits
and State Programs (3AP10), Air Protection Division, U.S. Environmental
Protection Agency, Region 3, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. The telephone number is<PHONE_NUMBER>. Mrs.
Johansen can also be reached via electronic mail at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On September 4, 1992, EPA promulgated 40 CFR part 55,\1\ which
established requirements to control air pollution from OCS sources in
order to attain and maintain federal and state ambient air quality
standards and to comply with the provisions of part C of title I of the
CAA. The regulations at 40 CFR part 55 apply to all OCS sources except
those located in the Gulf of Mexico west of 87.5 degrees longitude. See
40 CFR 55.3(a). Section 328 of the CAA requires that for such sources
located within 25 miles of a state's seaward boundary, the requirements
shall be the same as would be applicable if the sources were located in
the COA. Because the OCS requirements are based on onshore
requirements, and onshore requirements may change, section 328(a)(1)
requires that EPA update the OCS requirements as necessary to maintain
consistency with onshore requirements.
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    \1\ The reader may refer to the Notice of Proposed Rulemaking,
December 5, 1991 (56 FR 63774), and the preamble to the final rule
promulgated September 4, 1992 (57 FR 40792) for further background
and information on the OCS regulations.
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    Pursuant to 40 CFR 55.12, consistency reviews will occur (1) at
least annually; (2) upon receipt of a Notice of Intent (NOI) under 40
CFR 55.4; or (3) when a state or local agency submits a rule to EPA to
be considered for incorporation by reference in 40 CFR part 55. This
proposed action is being taken in response to the submittal of a NOI,
received on January 28, 2019, by Dominion Energy Virginia, for the
proposed installation of a 12-megawatt offshore wind technology testing
facility located approximately 24 nautical miles east of the City of
Virginia Beach, Virginia.\2\ Public comments received in writing within
30 days of publication of this document will be considered by EPA
before publishing a final rule.
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    \2\ The EPA Region III Office was directly impacted by Congress'
failure to appropriate funds during the 2018-19 federal government
shutdown and resulting furlough of many federal employees, including
Region III personnel. As a result, although the NOI from Dominion
Energy Virginia was signed on December 21, 2018, it was not received
and date-stamped by EPA Region III until January 28, 2019, when the
Region III office returned to operation.
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    Section 328(a) of the CAA requires that EPA establish requirements
to control air pollution from OCS sources located within 25 miles of
States' seaward boundaries that are the same as onshore requirements.
To comply with this statutory mandate, EPA must incorporate applicable
onshore rules into 40 CFR part 55 as they exist

onshore. This limits EPA's flexibility in deciding which requirements
will be incorporated into 40 CFR part 55 and prevents EPA from making
substantive changes to the requirements it incorporates. As a result,
EPA may be incorporating rules into 40 CFR part 55 that do not conform
to all of EPA's state implementation plan (SIP) guidance or certain
requirements of the CAA. Consistency updates may result in the
inclusion of state or local rules or regulations into 40 CFR part 55,
even though the same rules may ultimately be disapproved for inclusion
as part of the SIP. Inclusion in the OCS rule does not imply that a
rule meets the requirements of the CAA for SIP approval, nor does it
imply that the rule will be approved by EPA for inclusion in the SIP.

II. EPA Analysis

    EPA reviewed Virginia's rules for inclusion in 40 CFR part 55 to
ensure that they are rationally related to the attainment or
maintenance of federal or state ambient air quality standards and
compliance with part C of title I of the CAA, that they are not
designed expressly to prevent exploration and development of the OCS,
and that they are potentially applicable to OCS sources. See 40 CFR
55.1. EPA has also evaluated the rules to ensure they are not arbitrary
or capricious. See 40 CFR 55.12(e). In addition, EPA has excluded
administrative or procedural rules, and requirements that regulate
toxics which are not related to the attainment and maintenance of
federal and state ambient air quality standards.\3\
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    \3\ Each COA which has been delegated the authority to implement
and enforce 40 CFR part 55 will use its administrative and
procedural rules as onshore. However, in those instances where EPA
has not delegated authority to implement and enforce 40 CFR part 55,
EPA will use its own administrative and procedural requirements to
implement the substantive requirements. See 40 CFR 55.14(c)(4).
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    EPA is soliciting public comments on the issues discussed in this
document or on other relevant matters. These comments will be
considered before taking final action. Interested parties may
participate in the federal rulemaking procedure by submitting written
comments to the EPA Regional Office listed in the ADDRESSES section of
this Federal Register.

III. Proposed Action

    EPA is proposing to incorporate the rules potentially applicable to
sources for which the Commonwealth of Virginia will be the COA. The
rules that EPA proposes to incorporate are applicable provisions of the
Virginia Administrative Code (VAC). The rules EPA proposes to
incorporate are listed in detail at the end of the document. The
intended effect of proposing approval of the OCS requirements for the
Virginia Department of Environmental Quality (VADEQ) is to regulate
emissions from OCS sources in accordance with the requirements for
onshore sources.

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the applicable provisions of the Virginia Administrative Code
set forth below. EPA has made, and will continue to make, these
materials available through www.regulations.gov and at the EPA Region
III Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to establish
requirements to control air pollution from OCS sources located within
25 miles of states' seaward boundaries that are the same as onshore air
pollution control requirements. To comply with this statutory mandate,
the EPA must incorporate applicable onshore rules into 40 CFR part 55
as they exist onshore. See 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in
promulgating OCS consistency updates, EPA's role is to maintain
consistency between OCS regulations and the regulations of onshore
areas, provided that they meet the criteria of the CAA. Accordingly,
this action simply updates the existing OCS requirements to make them
consistent with requirements onshore, without the exercise of any
policy direction by EPA. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 regulatory action because
this action is not significant under Executive Order 12866.
     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).
    This proposed rule incorporating by reference sections of the
Virginia Administrative Code, does not apply on any Indian reservation
land as defined in 18 U.S.C. 1151 or in any other area where EPA or an
Indian tribe has demonstrated that a tribe has jurisdiction. In those
areas of Indian country, this rule incorporating by reference sections
of the Virginia Administrative Code does not have tribal implications
and will not impose substantial direct costs on tribal governments or
preempt tribal law as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).
    Under the provisions of the Paperwork Reduction Act, 44 U.S.C 3501
et seq., an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. OMB has approved the information
collection requirements contained in 40 CFR part 55 and, by extension,
this update to the rules, and has assigned OMB control number 2060-
0249. OMB approved the EPA Information Collection Request (ICR) No.
1601.08 on September 18, 2017.\4\ The current approval expires
September 30, 2020. The annual public reporting and recordkeeping
burden for collection of information under 40 CFR part 55 is

estimated to average 643 hours per response, using the definition of
burden provided in 44 U.S.C. 3502(2).
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    \4\ OMB's approval of the ICR can be viewed at www.reginfo.gov.
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    EPA is proposing to incorporate the rules potentially applicable to
sources for which the Commonwealth of Virginia will be the COA. The
rules that EPA proposes to incorporate are applicable provisions of the
Virginia Administrative Code.

List of Subjects in 40 CFR Part 55

    Environmental protection, Administrative practice and procedure,
Air pollution control, Carbon monoxide, Incorporation by reference,
Intergovernmental relations, Lead, Nitrogen dioxide, Outer continental
shelf, Ozone, Particulate matter, Permits, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 26, 2019.
 Cosmo Servidio,
Regional Administrator, Region III.

    Part 55 of Chapter I, title 40 of the Code of Federal Regulations
is proposed to be amended as follows:

PART 55--OUTER CONTINENTAL SHELF AIR REGULATIONS

0
1. The authority citation for part 55 continues to read as follows:

    Authority: Section 328 of the Clean Air Act (42 U.S.C. 7401 et
seq.) as amended by Public Law 101-549.

0
2. Section 55.14 is amended by revising paragraphs (e)(22)(i)(A) to
read as follows:

Sec.  55.14  Requirements that apply to OCS sources located within 25
miles of States' seaward boundaries, by State.

* * * * *
    (e) * * *
    (22) * * *
    (i) * * *
    (A) Commonwealth of Virginia Requirements Applicable to OCS
Sources, February 20, 2019.
* * * * *
0
3. Appendix A to part 55 is amended by revising paragraph (a)(1) under
the heading ``Virginia'' to read as follows:

Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, by State

* * * * *

Virginia

    (a) * * *
    (1) The following Commonwealth of Virginia requirements are
applicable to OCS Sources, February 20, 2019, Commonwealth of
Virginia--Virginia Department of Environmental Quality.
    The following sections of Virginia Regulations for the Control
and Abatement of Air Pollution Control (VAC), Title 9, Agency 5:

Chapter 10--General Definitions

(Effective 05/19/2017)
9VAC5-10-10. General.
9VAC5-10-20. Terms defined.
9VAC5-10-30. Abbreviations.

Chapter 20--General Provisions

(Effective 02/19/2018)

Part I--Administrative

9VAC5-20-10. Applicability.
9VAC5-20-21. Documents incorporated by reference.
9VAC5-20-50. Variances.
9VAC5-20-70. Circumvention.
9VAC5-20-80. Relationship of state regulations to federal
regulations.
9VAC5-20-121. Air quality program policies and procedures.

Part II--Air Quality Programs

9VAC5-20-160. Registration.
9VAC5-20-170. Control programs.
9VAC5-20-180. Facility and control equipment maintenance or
malfunction.
9VAC5-20-200. Air quality control regions.
9VAC5-20-203. Maintenance areas.
9VAC5-20-204. Nonattainment areas.
9VAC5-20-205. Prevention of significant deterioration areas.
9VAC5-20-206. Volatile organic compound and nitrogen oxides emission
control areas.
9VAC5-20-220. Shutdown of a stationary source.
9VAC5-20-230. Certification of documents.

Chapter 30--Ambient Air Quality Standards

(Effective 05/15/2017)
9VAC5-30-10. General.
9VAC5-30-15. Reference conditions.
9VAC5-30-30. Sulfur oxides (sulfur dioxide).
9VAC5-30-40. Carbon monoxide.
9VAC5-30-50. Ozone (1-hour).
9VAC5-30-55. Ozone (8-hour, 0.08 ppm).
9VAC5-30-56. Ozone (8-hour, 0.075 ppm).
9VAC5-30-57. Ozone (8-hour, 0.070 ppm).
9VAC5-30-60. Particulate matter (PM10).
9VAC5-30-65. Particulate matter (PM2.5).
9VAC5-30-66. Particulate matter (PM2.5).
9VAC5-30-67. Particulate matter (PM2.5).
9VAC5-30-70. Oxides of nitrogen with nitrogen dioxide as the
indicator.
9VAC5-30-80. Lead.

Chapter 40--Existing Stationary Sources

Part I--Special Provisions

(Effective 12/12/2007)
9VAC5-40-10. Applicability.
9VAC5-40-20. Compliance.
9VAC5-40-21. Compliance schedules.
9VAC5-40-22. Interpretation of emission standards based on process
weight-rate tables.
9VAC5-40-30. Emission testing.
9VAC5-40-40. Monitoring.
9VAC5-40-41. Emission monitoring procedures for existing sources.
9VAC5-40-50. Notification, records and reporting.

Part II--Emission Standards

Article 1--Visible Emissions and Fugitive Dust/Emissions

(Effective 02/01/2003)
9VAC5-40-60. Applicability and designation of affected facility.
9VAC5-40-70. Definitions.
9VAC5-40-80. Standard for visible emissions.
9VAC5-40-90. Standard for fugitive dust/emissions.
9VAC5-40-100. Monitoring.
9VAC5-40-110. Test methods and procedures.
9VAC5-40-120. Waivers.

Article 4--General Process Operations

(Effective 12/15/2006)
9VAC5-40-240. Applicability and designation of affected facility.
9VAC5-40-250. Definitions.
9VAC5-40-260. Standard for particulate matter (AQCR 1-6).
9VAC5-40-270. Standard for particulate matter (AQCR 7).
9VAC5-40-280. Standard for sulfur dioxide.
9VAC5-40-290. Standard for hydrogen sulfide.
9VAC5-40-320. Standard for visible emissions.
9VAC5-40-330. Standard for fugitive dust/emissions.
9VAC5-40-350. Standard for toxic pollutants.
9VAC5-40-360. Compliance.
9VAC5-40-370. Test methods and procedures.
9VAC5-40-380. Monitoring.
9VAC5-40-390. Notification, records and reporting.
9VAC5-40-400. Registration.
9VAC5-40-410. Facility and control equipment maintenance or
malfunction.
9VAC5-40-420. Permits.

Article 7--Incinerators

(Effective 01/01/1985)
9VAC5-40-730. Applicability and designation of affected facility.
9VAC5-40-740. Definitions.
9VAC5-40-750. Standard for particulate matter.
9VAC5-40-760. Standard for visible emissions.
9VAC5-40-770. Standard for fugitive dust/emissions.
9VAC5-40-790. Standard for toxic pollutants.
9VAC5-40-800. Prohibition of flue-fed incinerators.
9VAC5-40-810. Compliance.
9VAC5-40-820. Test methods and procedures.
9VAC5-40-830. Monitoring.
9VAC5-40-840. Notification, records and reporting.
9VAC5-40-850. Registration.
9VAC5-40-860. Facility and control equipment maintenance or
malfunction.
9VAC5-40-870. Permits.

Article 8--Fuel Burning Equipment

(Effective 01/01/2002)
9VAC5-40-880. Applicability and designation of affected facility.
9VAC5-40-890. Definitions.

9VAC5-40-900. Standard for particulate matter.
9VAC5-40-910. Emission allocation system.
9VAC5-40-920. Determination of collection equipment efficiency
factor.
9VAC5-40-930. Standard for sulfur dioxide.
9VAC5-40-940. Standard for visible emissions.
9VAC5-40-950. Standard for fugitive dust/emissions.
9VAC5-40-970. Standard for toxic pollutants.
9VAC5-40-980. Compliance.
9VAC5-40-990. Test methods and procedures.
9VAC5-40-1000. Monitoring.
9VAC5-40-1010. Notification, records and reporting.
9VAC5-40-1020. Registration.
9VAC5-40-1030. Facility and control equipment maintenance or
malfunction.
9VAC5-40-1040. Permits.

Article 14--Sand-Gravel Processing; Stone Quarrying & Processing

(Effective 01/01/1985)
9VAC5-40-1820. Applicability and designation of affected facility.
9VAC5-40-1830. Definitions.
9VAC5-40-1840. Standard for particulate matter.
9VAC5-40-1850. Standard for visible emissions.
9VAC5-40-1860. Standard for fugitive dust/emissions.
9VAC5-40-1880. Standard for toxic pollutants.
9VAC5-40-1890. Compliance.
9VAC5-40-1900. Test methods and procedures.
9VAC5-40-1910. Monitoring.
9VAC5-40-1920. Notification, records and reporting.
9VAC5-40-1930. Registration.
9VAC5-40-1940. Facility and control equipment maintenance or
malfunction.
9VAC5-40-1950. Permits.

Article 17--Woodworking Operations

(Effective 01/01/1985)
9VAC5-40-2250. Applicability and designation of affected facility.
9VAC5-40-2260. Definitions.
9VAC5-40-2270. Standard for particulate matter.
9VAC5-40-2280. Standard for visible emissions.
9VAC5-40-2290. Standard for fugitive dust/emissions.
9VAC5-40-2310. Standard for toxic pollutants.
9VAC5-40-2320. Compliance.
9VAC5-40-2330. Test methods and procedures.
9VAC5-40-2340. Monitoring.
9VAC5-40-2350. Notification, records and reporting.
9VAC5-40-2360. Registration.
9VAC5-40-2370. Facility and control equipment maintenance or
malfunction.
9VAC5-40-2380. Permits.

Article 18--Primary and Secondary Metal Operations

(Effective 01/01/1985)
9VAC5-40-2390. Applicability and designation of affected facility.
9VAC5-40-2400. Definitions.
9VAC5-40-2410. Standard for particulate matter.
9VAC5-40-2420. Standard for sulfur oxides.
9VAC5-40-2430. Standard for visible emissions.
9VAC5-40-2440. Standard for fugitive dust/emissions.
9VAC5-40-2460. Standard for toxic pollutants.
9VAC5-40-2470. Compliance.
9VAC5-40-2480. Test methods and procedures.
9VAC5-40-2490. Monitoring.
9VAC5-40-2500. Notification, records and reporting.
9VAC5-40-2510. Registration.
9VAC5-40-2520. Facility and control equipment maintenance or
malfunction.
9VAC5-40-2530. Permits.

Article 19--Lightweight Aggregate Process Operations

(Effective 01/01/1985)
9VAC5-40-2540. Applicability and designation of affected facility.
9VAC5-40-2550. Definitions.
9VAC5-40-2560. Standard for particulate matter.
9VAC5-40-2570. Standard for sulfur oxides.
9VAC5-40-2580. Standard for visible emissions.
9VAC5-40-2590. Standard for fugitive dust/emissions.
9VAC5-40-2610. Standard for toxic pollutants.
9VAC5-40-2620. Compliance.
9VAC5-40-2630. Test methods and procedures.
9VAC5-40-2640. Monitoring.
9VAC5-40-2650. Notification, records and reporting.
9VAC5-40-2660. Registration.
9VAC5-40-2670. Facility and control equipment maintenance or
malfunction.
9VAC5-40-2680. Permits.

Article 24--Solvent Metal Cleaning Operations

(Effective 03/24/2004)
9VAC5-40-3260. Applicability and designation of affected facility.
9VAC5-40-3270. Definitions.
9VAC5-40-3280. Standard for volatile organic compounds.
9VAC5-40-3290. Control technology guidelines.
9VAC5-40-3300. Standard for visible emissions.
9VAC5-40-3310. Standard for fugitive dust/emissions.
9VAC5-40-3330. Standard for toxic pollutants.
9VAC5-40-3340. Compliance.
9VAC5-40-3350. Test methods and procedures.
9VAC5-40-3360. Monitoring.
9VAC5-40-3370. Notification, records and reporting.
9VAC5-40-3380. Registration.
9VAC5-40-3390. Facility and control equipment maintenance or
malfunction.
9VAC5-40-3400. Permits.

Article 25--VOC Storage & Transfer Operations

(Effective 07/01/1991)
9VAC5-40-3410. Applicability and designation of affected facility.
9VAC5-40-3420. Definitions.
9VAC5-40-3430. Standard for volatile organic compounds.
9VAC5-40-3440. Control technology guidelines.
9VAC5-40-3450. Standard for visible emissions.
9VAC5-40-3460. Standard for fugitive dust/emissions.
9VAC5-40-3480. Standard for toxic pollutants.
9VAC5-40-3490. Compliance.
9VAC5-40-3500. Test methods and procedures.
9VAC5-40-3510. Monitoring.
9VAC5-40-3520. Notification, records and reporting.
9VAC5-40-3530. Registration.
9VAC5-40-3540. Facility and control equipment maintenance or
malfunction.
9VAC5-40-3550. Permits.

Article 34--Miscellaneous Metal Parts/Products Coating Application

(Effective 02/01/2016)
9VAC5-40-4760. Applicability and designation of affected facility.
9VAC5-40-4770. Definitions.
9VAC5-40-4780. Standard for volatile organic compounds.
9VAC5-40-4790. Control technology guidelines.
9VAC5-40-4800. Standard for visible emissions.
9VAC5-40-4810. Standard for fugitive dust/emissions.
9VAC5-40-4830. Standard for toxic pollutants.
9VAC5-40-4840. Compliance.
9VAC5-40-4850. Test methods and procedures.
9VAC5-40-4860. Monitoring.
9VAC5-40-4870. Notification, records and reporting.
9VAC5-40-4880. Registration.
9VAC5-40-4890. Facility and control equipment maintenance or
malfunction.
9VAC5-40-4900. Permits.

Article 37--Petroleum Liquid Storage and Transfer Operations

(Effective 07/30/2015)
9VAC5-40-5200. Applicability and designation of affected facility.
9VAC5-40-5210. Definitions.
9VAC5-40-5220. Standard for volatile organic compounds.
9VAC5-40-5230. Control technology guidelines.
9VAC5-40-5240. Standard for visible emissions.
9VAC5-40-5250. Standard for fugitive dust/emissions.
9VAC5-40-5270. Standard for toxic pollutants.
9VAC5-40-5280. Compliance.
9VAC5-40-5290. Test methods and procedures.
9VAC5-40-5300. Monitoring.
9VAC5-40-5310. Notification, records and reporting.
9VAC5-40-5320. Registration.
9VAC5-40-5330. Facility and control equipment maintenance or
malfunction.

9VAC5-40-5340. Permits.

Article 41--Mobile Sources

(Effective 08/01/1991)
9VAC5-40-5650. Applicability and designation of affected facility.
9VAC5-40-5660. Definitions.
9VAC5-40-5670. Motor vehicles.
9VAC5-40-5680. Other mobile sources.
9VAC5-40-5690. Export/import of motor vehicles.

Article 45--Commercial/Industrial Solid Waste Incinerators

(Effective 11/16/2016)
9VAC5-40-6250. Applicability and designation of affected facility.
9VAC5-40-6260. Definitions.
9VAC5-40-6270. Standard for particulate matter.
9VAC5-40-6360. Standard for visible emissions.
9VAC5-40-6370. Standard for fugitive dust/emissions.
9VAC5-40-6390. Standard for toxic pollutants.
9VAC5-40-6400. Operator training and qualification.
9VAC5-40-6410. Waste management plan.
9VAC5-40-6420. Compliance schedule.
9VAC5-40-6430. Operating limits.
9VAC5-40-6440. Facility and control equipment maintenance or
malfunction.
9VAC5-40-6450. Test methods and procedures.
9VAC5-40-6460. Compliance.
9VAC5-40-6470. Monitoring.
9VAC5-40-6480. Recordkeeping and reporting.
9VAC5-40-6490. Requirements for air curtain incinerators.
9VAC5-40-6500. Registration.
9VAC5-40-6510. Permits.
9VAC5-40-6520. Documents Incorporated by Reference.

Article 46--Small Municipal Waste Combustors

(Effective 05/04/2005)
9VAC5-40-6550. Applicability and designation of affected facility.
9VAC5-40-6560. Definitions.
9VAC5-40-6570. Standard for particulate matter.
9VAC5-40-6580. Standard for carbon monoxide.
9VAC5-40-6590. Standard for dioxins/furans.
9VAC5-40-6600. Standard for hydrogen chloride.
9VAC5-40-6610. Standard for sulfur dioxide.
9VAC5-40-6620. Standard for nitrogen oxides.
9VAC5-40-6630. Standard for lead.
9VAC5-40-6640. Standard for cadmium.
9VAC5-40-6650. Standard for mercury.
9VAC5-40-6660. Standard for visible emissions.
9VAC5-40-6670. Standard for fugitive dust/emissions.
9VAC5-40-6690. Standard for toxic pollutants.
9VAC5-40-6700. Operator training and certification.
9VAC5-40-6710. Compliance schedule.
9VAC5-40-6720. Operating requirements.
9VAC5-40-6730. Compliance.
9VAC5-40-6740. Test methods and procedures.
9VAC5-40-6750. Monitoring.
9VAC5-40-6760. Recordkeeping.
9VAC5-40-6770. Reporting.
9VAC5-40-6780. Requirements for air curtain incinerators that burn
100 percent yard waste.
9VAC5-40-6790. Registration.
9VAC5-40-6800. Facility and control equipment maintenance or
malfunction.
9VAC5-40-6810. Permits.

Article 47--Solvent Cleaning

(Effective 03/24/2004)
9VAC5-40-6820. Applicability and designation of affected facility.
9VAC5-40-6830. Definitions.
9VAC5-40-6840. Standard for volatile organic compounds.
9VAC5-40-6850. Standard for visible emissions.
9VAC5-40-6860. Standard for fugitive dust/emissions.
9VAC5-40-6880. Standard for toxic pollutants.
9VAC5-40-6890. Compliance.
9VAC5-40-6900. Compliance schedules.
9VAC5-40-6910. Test methods and procedures.
9VAC5-40-6920. Monitoring.
9VAC5-40-6930. Notification, records and reporting.
9VAC5-40-6940. Registration.
9VAC5-40-6950. Facility and control equipment maintenance or
malfunction.
9VAC5-40-6960. Permits.

Article 48--Mobile Equipment Repair and Refinishing

(Effective 10/01/2013)
9VAC5-40-6970. Applicability and designation of affected facility.
9VAC5-40-6975. Exemptions.
9VAC5-40-6980. Definitions.
9VAC5-40-6990. Standard for volatile organic compounds.
9VAC5-40-7000. Standard for visible emissions.
9VAC5-40-7010. Standard for fugitive dust/emissions.
9VAC5-40-7030. Standard for toxic pollutants.
9VAC5-40-7040. Compliance.
9VAC5-40-7050. Compliance schedule.
9VAC5-40-7060. Test methods and procedures.
9VAC5-40-7070. Monitoring.
9VAC5-40-7080. Notification, records and reporting.
9VAC5-40-7090. Registration.
9VAC5-40-7100. Facility and control equipment maintenance or
malfunction.
9VAC5-40-7110. Permits.

Article 51--Stationary Sources Subject to Case-by-Case RACT
Determinations

(Effective 12/02/2015)
9VAC5-40-7370. Applicability and designation of affected facility.
9VAC5-40-7380. Definitions.
9VAC5-40-7390. Standard for volatile organic compounds (1-hour ozone
standard)
9VAC5-40-7400. Standard for volatile organic compounds (8-hour ozone
standard).
9VAC5-40-7410. Standard for nitrogen oxides (1-hour ozone standard).
9VAC5-40-7420. Standard for nitrogen oxides (8-hour ozone standard).
9VAC5-40-7430. Presumptive reasonably available control technology
guidelines for stationary sources of nitrogen oxides.
9VAC5-40-7440. Standard for visible emissions.
9VAC5-40-7450. Standard for fugitive dust/emissions.
9VAC5-40-7470. Standard for toxic pollutants.
9VAC5-40-7480. Compliance.
9VAC5-40-7490. Test methods and procedures.
9VAC5-40-7500. Monitoring.
9VAC5-40-7510. Notification, records and reporting.
9VAC5-40-7520. Registration.
9VAC5-40-7530. Facility and control equipment maintenance or
malfunction.
9VAC5-40-7540. Permits.

Article 54--Large Municipal Waste Combustors

(Effective 07/01/2003)
9VAC5-40-7950. Applicability and designation of affected facility.
9VAC5-40-7960. Definitions.
9VAC5-40-7970. Standard for particulate matter.
9VAC5-40-7980. Standard for carbon monoxide.
9VAC5-40-7990. Standard for cadmium.
9VAC5-40-8000. Standard for lead.
9VAC5-40-8010. Standard for mercury.
9VAC5-40-8020. Standard for sulfur dioxide.
9VAC5-40-8030. Standard for hydrogen chloride.
9VAC5-40-8040. Standard for dioxin/furan.
9VAC5-40-8050. Standard for nitrogen oxides.
9VAC5-40-8060. Standard for visible emissions.
9VAC5-40-8070. Standard for fugitive dust/emissions.
9VAC5-40-8090. Standard for toxic pollutants.
9VAC5-40-8100. Compliance.
9VAC5-40-8110. Compliance schedules.
9VAC5-40-8120. Operating practices.
9VAC5-40-8130. Operator training and certification.
9VAC5-40-8140. Test Methods and Procedures.
9VAC5-40-8150. Monitoring.
9VAC5-40-8160. Notification, Records and Reporting.
9VAC5-40-8170. Registration.
9VAC5-40-8180. Facility and control equipment maintenance or
malfunction.
9VAC5-40-8190. Permits.

Chapter 50--New and Modified Stationary Sources

Part I--Special Provisions

(Effective 12/12/2007)
9VAC5-50-10. Applicability.
9VAC5-50-20. Compliance.
9VAC5-50-30. Performance testing.
9VAC5-50-40. Monitoring.

9VAC5-50-50. Notification, records and reporting.

Part II--Emission Standards

Article 1--Visible Emissions and Fugitive Dust/Emissions

(Effective 02/01/2003)
9VAC5-50-60. Applicability and designation of affected facility.
9VAC5-50-70. Definitions.
9VAC5-50-80. Standard for visible emissions.
9VAC5-50-90. Standard for fugitive dust/emissions.
9VAC5-50-100. Monitoring.
9VAC5-50-110. Test methods and procedures.
9VAC5-50-120. Waivers.

Article 4--Stationary sources

(Effective 11/07/2012)
9VAC5-50-240. Applicability and designation of affected facility.
9VAC5-50-250. Definitions.
9VAC5-50-260. Standard for stationary sources.
9VAC5-50-270. Standard for major stationary sources (nonattainment
areas).
9VAC5-50-280. Standard for major stationary sources (prevention of
significant deterioration areas).
9VAC5-50-290. Standard for visible emissions.
9VAC5-50-300. Standard for fugitive dust/emissions.
9VAC5-50-320. Standard for toxic pollutants.
9VAC5-50-330. Compliance.
9VAC5-50-340. Test methods and procedures.
9VAC5-50-350. Monitoring.
9VAC5-50-360. Notification, records and reporting.
9VAC5-50-370. Registration.
9VAC5-50-380. Facility and control equipment maintenance or
malfunction.
9VAC5-50-390. Permits.

Article 5--EPA New Source Performance Standards

(Effective 02/20/2019)
9VAC5-50-400. General.
9VAC5-50-405. Authority to implement and enforce standards as
authorized by EPA.
9VAC5-50-410. Designated standards of performance.
9VAC5-50-420. Word or phrase substitutions.

Chapter 60--Hazardous Air Pollutant Sources

Part I--Special Provisions

(Effective 08/01/2002)
9VAC5-60-10. Applicability.
9VAC5-60-20. Compliance.
9VAC5-60-30. Emission testing.
9VAC5-60-40. Monitoring.
9VAC5-60-50. Notification, records and reporting.

Part II--Emission Standards

Article 1--EPA National Emissions Standards for Hazardous Air
Pollutants

(Effective 02/20/2019)
9VAC5-60-60. General.
9VAC5-60-65. Authority to implement and enforce standards as
authorized by EPA.
9VAC5-60-70. Designated emission standards.
9VAC5-60-80. Word or phrase substitutions.

Article 2--EPA Maximum Achievable Control Technology Standards

(Effective 03/02/2011)
9VAC5-60-90. General.
9VAC5-60-95. Authority to implement and enforce standards as
authorized by EPA.
9VAC5-60-100. Designated emission standards.
9VAC5-60-110. Word or phrase substitutions.

Article 3--Control Technology Determinations for Major Sources of
Hazardous Air Pollutants

(Effective 07/01/2004)
9VAC5-60-120. Applicability.
9VAC5-60-130. Definitions.
9VAC5-60-140. Approval process for new and existing affected
sources.
9VAC5-60-150. Application content for case-by-case MACT
determinations.
9VAC5-60-160. Preconstruction review procedures for new affected
sources subject to 9VAC5-60-140 C 1.
9VAC5-60-170. Maximum achievable control technology (MACT)
determinations for affected sources subject to case-by-case
determination of equivalent emission limitations.
9VAC5-60-180. Requirements for case-by-case determination of
equivalent emission limitations after promulgation of a subsequent
MACT standard.

Article 4--Toxic Pollutants From Existing Sources

(Effective 05/01/2002)
9VAC5-60-200. Applicability and designation of affected facility.
9VAC5-60-210. Definitions.
9VAC5-60-220. Standard for toxic pollutants.
9VAC5-60-230. Significant ambient air concentration guidelines.
9VAC5-60-240. Submittal of information.
9VAC5-60-250. Determination of ambient air concentrations.
9VAC5-60-260. Compliance.
9VAC5-60-270. Public participation.

Article 5--Toxic Pollutants From New and Modified Sources

(Effective 05/01/2002)
9VAC5-60-300. Applicability and designation of affected facility.
9VAC5-60-310. Definitions.
9VAC5-60-320. Standard for toxic pollutants.
9VAC5-60-330. Significant ambient air concentration guidelines.
9VAC5-60-340. Submittal of information.
9VAC5-60-350. Determination of ambient air concentrations.
9VAC5-60-360. Compliance.
9VAC5-60-370. Public participation.

Chapter 70--Air Pollution Episode Prevention

(Effective 04/01/1999)
9VAC5-70-10. Applicability.
9VAC5-70-20. Definitions.
9VAC5-70-30. General.
9VAC5-70-40. Episode determination.
9VAC5-70-50. Standby emission reduction plans.
9VAC5-70-60. Control requirements.
9VAC5-70-70. Local air pollution control agency participation.

Chapter 80--Permits for Stationary Sources

Part I--Permit Actions Before the Board

(Effective 11/12/2009)
9VAC5-80-5. Definitions.
9VAC5-80-15. Applicability.
9VAC5-80-25. Direct consideration of permit actions by the board.
9VAC5-80-35. Public hearings to contest permit actions.

Part II--Permit Procedures

Article 1--Federal (Title V) Operating Permits for Stationary Sources

(Effective 03/02/2011)
9VAC5-80-50. Applicability.
9VAC5-80-60. Definitions.
9VAC5-80-70. General.
9VAC5-80-80. Applications.
9VAC5-80-90. Application information required.
9VAC5-80-100. Emission caps.
9VAC5-80-110. Permit content.
9VAC5-80-120. General permits.
9VAC5-80-130. Temporary sources.
9VAC5-80-140. Permit shield.
9VAC5-80-150. Action on permit application.
9VAC5-80-160. Transfer of permits.
9VAC5-80-170. Permit renewal and expiration.
9VAC5-80-180. Permanent shutdown for emissions trading.
9VAC5-80-190. Changes to permits.
9VAC5-80-200. Administrative permit amendments.
9VAC5-80-210. Minor permit modifications.
9VAC5-80-220. Group processing of minor permit modifications.
9VAC5-80-230. Significant modification procedures.
9VAC5-80-240. Reopening for cause.
9VAC5-80-250. Malfunction.
9VAC5-80-260. Enforcement.
9VAC5-80-270. Public participation.
9VAC5-80-280. Operational flexibility.
9VAC5-80-290. Permit review by EPA and affected states.
9VAC5-80-300. Voluntary inclusions of additional state-only
requirements as applicable state requirements in the permit.

Article 2--Permit Program (Title V) Fees for Stationary Sources

(Effective 01/01/2018)
9VAC5-80-310. Applicability.
9VAC5-80-320. Definitions.
9VAC5-80-330. General.
9VAC5-80-340. Annual permit program fee calculation prior to January
1, 2018.
9VAC5-80-342. Annual Permit program emissions fee calculation on and
after January 2, 2018.
9VAC5-80-350. Annual permit program emissions fee payment.

Article 4--Insignificant Activities

(Effective 01/01/2001)

9VAC5-80-710. General.
9VAC5-80-720. Insignificant activities.

Article 5--State Operating Permits

(Effective 12/31/2008)
9VAC5-80-800. Applicability.
9VAC5-80-810. Definitions.
9VAC5-80-820. General.
9VAC5-80-830. Applications.
9VAC5-80-840. Application information required.
9VAC5-80-850. Standards and conditions for granting permits.
9VAC5-80-860. Action on permit application.
9VAC5-80-870. Application review and analysis.
9VAC5-80-880. Compliance determination and verification by testing.
9VAC5-80-890. Monitoring requirements.
9VAC5-80-900. Reporting requirements.
9VAC5-80-910. Existence of permit no defense.
9VAC5-80-920. Circumvention.
9VAC5-80-930. Compliance with local zoning requirements.
9VAC5-80-940. Transfer of permits.
9VAC5-80-950. Termination of permits.
9VAC5-80-960. Changes to permits.
9VAC5-80-970. Administrative permit amendments.
9VAC5-80-980. Minor permit amendments.
9VAC5-80-990. Significant amendment procedures.
9VAC5-80-1000. Reopening for cause.
9VAC5-80-1010. Enforcement.
9VAC5-80-1020. Public participation.
9VAC5-80-1030. General permits.
9VAC5-80-1040. Review and evaluation of article.

Article 6--Permits for New and Modified Stationary Sources

(Effective 03/27/2014)
9VAC5-80-1100. Applicability.
9VAC5-80-1105. Permit Exemptions.
9VAC5-80-1110. Definitions.
9VAC5-80-1120. General.
9VAC5-80-1140. Applications.
9VAC5-80-1150. Application information required.
9VAC5-80-1160. Action on permit application.
9VAC5-80-1170. Public participation.
9VAC5-80-1180. Standards and conditions for granting permits.
9VAC5-80-1190. Application review and analysis.
9VAC5-80-1200. Compliance determination and verification by
performance testing.
9VAC5-80-1210. Permit invalidation, suspension, revocation and
enforcement.
9VAC5-80-1220. Existence of permit no defense.
9VAC5-80-1230. Compliance with local zoning requirements.
9VAC5-80-1240. Transfer of permits.
9VAC5-80-1250. General permits.
9VAC5-80-1255. Actions to combine permit terms and conditions.
9VAC5-80-1260. Actions to change permits.
9VAC5-80-1270. Administrative permit amendments.
9VAC5-80-1280. Minor permit amendments.
9VAC5-80-1290. Significant amendment procedures.
9VAC5-80-1300. Reopening for cause.

Article 7--Permits for New and Reconstructed Major Sources of HAPs

(Effective 12/31/2008)
9VAC5-80-1400. Applicability.
9VAC5-80-1410. Definitions.
9VAC5-80-1420. General.
9VAC5-80-1430. Applications.
9VAC5-80-1440. Application information required.
9VAC5-80-1450. Action on permit application.
9VAC5-80-1460. Public participation.
9VAC5-80-1470. Standards and conditions for granting permits.
9VAC5-80-1480. Application review and analysis.
9VAC5-80-1490. Compliance determination and verification by
performance testing.
9VAC5-80-1500. Permit invalidation, rescission, revocation and
enforcement.
9VAC5-80-1510. Existence of permit no defense.
9VAC5-80-1520. Compliance with local zoning requirements.
9VAC5-80-1530. Transfer of permits.
9VAC5-80-1540. Changes to permits.
9VAC5-80-1550. Administrative permit amendments.
9VAC5-80-1560. Minor permit amendments.
9VAC5-80-1570. Significant amendment procedures.
9VAC5-80-1580. Reopening for cause.
9VAC5-80-1590. Requirements for constructed or reconstructed major
sources subject to a subsequently promulgated MACT standard or MACT
requirements.

Article 8--Permits for Major Stationary Sources and Modifications--PSD
Areas

(Effective 08/13/2015)
9VAC5-80-1605. Applicability.
9VAC5-80-1615. Definitions.
9VAC5-80-1625. General.
9VAC5-80-1635. Ambient air increments.
9VAC5-80-1645. Ambient air ceilings.
9VAC5-80-1655. Applications.
9VAC5-80-1665. Compliance with local zoning requirements.
9VAC5-80-1675. Compliance determination and verification by
performance testing.
9VAC5-80-1685. Stack heights.
9VAC5-80-1695. Exemptions.
9VAC5-80-1705. Control technology review.
9VAC5-80-1715. Source impact analysis.
9VAC5-80-1725. Air quality models.
9VAC5-80-1735. Air quality analysis.
9VAC5-80-1745. Source information.
9VAC5-80-1755. Additional impact analyses.
9VAC5-80-1765. Sources affecting federal class I areas--additional
requirements.
9VAC5-80-1773. Action on permit application.
9VAC5-80-1775. Public participation.
9VAC5-80-1785. Source obligation.
9VAC5-80-1795. Environmental impact statements.
9VAC5-80-1805. Disputed permits.
9VAC5-80-1815. Interstate pollution abatement.
9VAC5-80-1825. Innovative control technology.
9VAC5-80-1865. Actuals plantwide applicability limits (PALs).
9VAC5-80-1915. Actions to combine permit terms and conditions.
9VAC5-80-1925. Actions to change permits.
9VAC5-80-1935. Administrative permit amendments.
9VAC5-80-1945. Minor permit amendments.
9VAC5-80-1955. Significant amendment procedures.
9VAC5-80-1965. Reopening for cause.
9VAC5-80-1975. Transfer of permits.
9VAC5-80-1985. Permit invalidation, suspension, revocation, and
enforcement.
9VAC5-80-1995. Existence of permit no defense.

Article 9--Permits for Major Stationary Sources and Modifications--
Nonattainment Areas

(Effective 05/15/2017)
9VAC5-80-2000. Applicability.
9VAC5-80-2010. Definitions.
9VAC5-80-2020. General.
9VAC5-80-2030. Applications.
9VAC5-80-2040. Application information required.
9VAC5-80-2050. Standards and conditions for granting permits.
9VAC5-80-2060. Action on permit application.
9VAC5-80-2070. Public participation.
9VAC5-80-2080. Compliance determination and verification by
performance testing.
9VAC5-80-2090. Application review and analysis.
9VAC5-80-2091. Source obligation.
9VAC5-80-2110. Interstate pollution abatement.
9VAC5-80-2120. Offsets.
9VAC5-80-2130. De minimis increases and stationary source
modification alternatives for ozone nonattainment areas classified
as serious or severe in 9VAC5-20-204.
9VAC5-80-2140. Exemptions.
9VAC5-80-2144. Actuals plantwide applicability limits (PALs).
9VAC5-80-2150. Compliance with local zoning requirements.
9VAC5-80-2170. Transfer of permits.
9VAC5-80-2180. Permit invalidation, suspension, revocation and
enforcement.
9VAC5-80-2190. Existence of permit no defense.
9VAC5-80-2195. Actions to combine permit terms and conditions.
9VAC5-80-2200. Actions to change permits.
9VAC5-80-2210. Administrative permit amendments.
9VAC5-80-2220. Minor permit amendments.
9VAC5-80-2230. Significant amendment procedures.
9VAC5-80-2240. Reopening for cause.

Article 10--Permit Application Fees for Stationary Sources

(Effective 01/01/2018)
9VAC5-80-2250. Applicability.
9VAC5-80-2260. Definitions.
9VAC5-80-2270. General.
9VAC5-80-2280. Permit application fee calculation prior to January
1, 2018.
9VAC5-80-2282. Permit application fee calculation on and after
January 1, 2018.
9VAC5-80-2290. Permit application fee payment.

Article 11--Annual Permit Maintenance Fees for Stationary Sources

(Effective 01/01/2018)
9VAC5-80-2310. Applicability.
9VAC5-80-2320. Definitions.
9VAC5-80-2330. General.
9VAC5-80-2340. Annual Permit Maintenance Fee Calculation Prior to
January 1, 2018.
9VAC5-80-2342. Annual Permit Maintenance Fee Calculation on and
After January 1, 2018.
9VAC5-80-2350. Annual Permit Maintenance Fee Payment.

Chapter 85--Permits for Stationary Sources of Pullutants Subject to
Regulation

(Effective 08/13/2015)

Part I--Applicability

9VAC5-85-10. Applicability.

Part II--Federal (Title V) Operating Permit Actions

9VAC5-85-20. Federal (Title V) operating permit actions.
9VAC5-85-30. Definitions.

Part III--Prevention of Significant Deterioration Area Permit Actions

9VAC5-85-40. Prevention of Significant Deterioration Area permit
actions.
9VAC5-85-50. Definitions.

Part IV--State Operating Permit Actions

9VAC5-85-60. State operating permit actions.
9VAC5-85-70. Definitions.

Chapter 130--Open Burning

(Effective 07/15/2015)

Part I--General Provisions

9VAC5-130-10. Applicability. 9VAC5-130-20. Definitions.

Part II--Volatile Organic Compound Emissions Control Areas

9VAC5-130-30. Open burning prohibitions. 9VAC5-130-40. Permissible
open burning.

Part III--Special Statewide Requirements for Forestry, Agricultural and
Highway Programs

9VAC5-130-50. Forest management, agricultural practices and highway
construction and maintenance programs.

Part IV--Local Ordinances

9VAC5-130-100. Local ordinances on open burning.

Chapter 151--Transportation Conformity

(Effective 11/16/2016)

Part I--General Definitions

9VAC5-151-10. Definitions.

Part II--General Provisions

9VAC5-151-20. Applicability.
9VAC5-151-30. Authority of board and DEQ.

Part III--Criteria and Procedures for Making Conformity Determinations

9VAC5-151-40. General.
9VAC5-151-50. Designated provisions.
9VAC5-151-60. Word or phrase substitutions.
9VAC5-151-70. Consultation.

Chapter 160--General Conformity

(Effective 05/15/2017)

Part I--General Definitions

9VAC5-160-10. General.
9VAC5-160-20. Terms defined.

Part II--General Provisions

9VAC5-160-30. Applicability.
9VAC5-160-40. Authority of board and department.
9VAC5-160-80. Relationship of state regulations to federal
regulations.

Part III--Criteria and Procedures for Making Conformity Determinations

9VAC5-160-110. General.
9VAC5-160-120. Federal agency conformity analysis.
9VAC5-160-130. Reporting requirements.
9VAC5-160-140. Public participation.
9VAC5-160-150. Reevaluation of conformity.
9VAC5-160-160. Criteria for determining conformity of general
federal actions.
9VAC5-160-170. Procedures for conformity determinations.
9VAC5-160-180. Mitigation of air quality impacts.
9VAC5-160-190. Savings provision.
* * * * *
[FR Doc. 2019-06875 Filed 4-15-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Notices]
[Pages 11644-11645]
[FR Doc No: 2016-04698]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0091; Notice 2]

Cooper Tire & Rubber Company, Grant of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Grant of petition.

-----------------------------------------------------------------------

SUMMARY: Cooper Tire & Rubber Company (Cooper), has determined that
certain Cooper tires do not fully comply with paragraph S5.5.1(b) of
Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic
Tires Radial Tires for Light Vehicles. Cooper filed a report dated
August 13, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. Cooper then petitioned NHTSA under 49 CFR
part 556 requesting a decision that the subject noncompliance is
inconsequential to motor vehicle safety.

ADDRESSES: For further information on this decision contact Abraham
Diaz, Office of Vehicle Safety Compliance, the National Highway Traffic
Safety Administration (NHTSA), telephone<PHONE_NUMBER>, facsimile
(202) 366-5930.

SUPPLEMENTARY INFORMATION:
    I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see
implementing rule at 49 CFR part 556), Cooper submitted a petition for
an exemption from the notification and remedy requirements of 49 U.S.C.
Chapter 301 on the basis that this noncompliance is inconsequential to
motor vehicle safety.
    Notice of receipt of Cooper's petition was published, with a 30-day
public comment period, on October 22, 2015 in the Federal Register (80
FR 64057). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) Web site at: http://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2015-0091.''
    II. Tires Involved: Affected are approximately 1,350 Cooper
Weather-Master S/T2 size 215/70R15 tires manufactured between April 26,
2015 and May 29, 2015.
    III. Noncompliance: Cooper explains that the noncompliance is that
the inboard sidewalls of the subject tires are labeled with an
incorrect manufacturer's identification mark and therefore do not fully
meet all applicable requirements of paragraph S5.5.1(b) of FMVSS No.
139. Specifically, the tires are labeled with manufacturer's
identification mark ``U8'' instead of ``U9.''
    IV. Rule Text: Paragraph S5.5.1 of FMVSS No. 139 requires in
pertinent part:

S5.5.1 Tire Identification Number.

    . . .
    (b) Tires manufactured on or after September 1, 2009. Each tire
must be labeled with the tire identification number required by 49
CFR part 574 on the intended outboard sidewall of the tire. Except
for retreaded tires, either the tire identification number or a
partial tire identification number, containing all characters in the
tire identification number, except for the date code and, at the
discretion of the manufacturer, any optional code, must be labeled
on the other sidewall of the tire. Except for retreaded tires, if a
tire does not have an intended outboard sidewall, the tire must be
labeled with the tire identification number required by 49 CFR part
574 on one sidewall and with either the tire identification number
or a partial tire identification number, containing all characters
in the tire identification number except for the date code and, at
the discretion of the manufacturer, any optional code, on the other
side wall.

    V. Summary of Cooper's Petition: Cooper states its belief that the
subject noncompliance is inconsequential to motor vehicle safety
because while the subject tires contain an incorrect manufacturer's
identification mark on

the inboard sidewall, the full and correct tire code (including the
correct manufacturer's identification mark) is available on the
intended outboard sidewall. In addition, Cooper stated that the tires
are marked with the Cooper Weather-Master S/T2 brand name that is
exclusively owned by Cooper Tire & Rubber Company.
    Cooper also indicated that it has taken the following steps to
ensure proper registration of the subject tires:
    (a) Cooper has informed all internal personnel responsible for
manual processing of tire registration cards about the ``U8'' issue so
that cards containing the ``U8'' designation will be accepted and
properly processed when all other information accurately identifies the
subject tires. And, Cooper will follow up with the consumer seeking
additional information by providing a prepaid response card.
    (b) Cooper is in the process of modifying its database to accept
``U8'' when other information (brand, serial weeks affected etc.) is
accurate.
    (c) Cooper has contacted Computerized Information and Management
Services, Inc. (CIMS) so that tire registration cards will not be
rejected solely due to improper plant code information.
    Cooper additionally informed NHTSA that on May 29, 2015 the
incorrect mold was pulled and the stamping error that caused the
subject noncompliance was corrected at that time.
    Refer to Coopers' petition for their complete reasoning. The
petition and all supporting documents are available by logging onto the
Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/ and following the online search instructions to
locate the docket number listed in the title of this notice.
    In summation, Cooper believes that the described noncompliance of
the subject tires is inconsequential to motor vehicle safety, and that
its petition, to exempt Cooper from providing recall notification of
noncompliance as required by 49 U.S.C. 30118 and remedying the recall
noncompliance as required by 49 U.S.C. 30120 should be granted.

NHTSA'S Decision

    NHTSA's Analysis: While the first grouping of the tire
identification number (TIN) on the subject tires is marked with the
incorrect manufacturer's identification code ``U8,'' instead of the
correct code ``U9,'' this mismarking is only on the inner sidewall. The
correct full TIN is properly marked on the outside sidewall, and the
correct corporate brand name is marked on both sidewalls. NHTSA
believes this noncompliance will not cause misidentification of the
tire manufacturer should a safety defect be identified in the subject
tires.
    Cooper additionally informed NHTSA that the subject tires meet and/
or exceed all performance requirements and all other labeling markings
as required by FMVSS No. 139 and that Cooper is not aware of any
crashes, injuries, customer complaints, or field reports associated
with the subject tires.
    Cooper also notified NHTSA that proper registration of the tires
will be accepted with the erroneous code. Cooper collectively worked
with CIMS (Computerized Information and Management Services), Inc., to
ensure that the subject tires are correctly registered regardless of
the incorrect code.
    The agency believes that the true measure of inconsequentiality to
motor vehicle safety in this case is that there is no effect of the
noncompliance on the operational safety of vehicles on which these
tires are mounted and that the manufacturer of the tires can be readily
identified.
    Cooper also informed NHTSA that on May 29, 2015 it corrected the
mold problem that originated the non-compliance.
    NHTSA Decision: In consideration of the foregoing, NHTSA finds that
Cooper has met its burden of persuasion that the subject FMVSS No. 139
noncompliance in the affected tires is inconsequential to motor vehicle
safety. Accordingly, Cooper's petition is hereby granted and Cooper is
consequently exempted from the obligation of providing notification of,
and a free remedy for, the subject noncompliance under 49 U.S.C. 30118
and 30120.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, this decision
only applies to the subject tires that Cooper no longer controlled at
the time it determined that the noncompliance existed. However, the
granting of this petition does not relieve tire distributors and
dealers of the prohibitions on the sale, offer for sale, or
introduction or delivery for introduction into interstate commerce of
the noncompliant tires under their control after Cooper notified them
that the subject noncompliance existed.

    Authority: 49 U.S.C. 30118, 30120: Delegations of authority at
49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-04698 Filed 3-3-16; 8:45 am]
 BILLING CODE 4910-59-P