[Federal Register: August 17, 2009 (Volume 74, Number 157)]
[Notices]
[Page 41414-41415]
[DOCID:fr17au09-49]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13407-000]

Clean River Power MR-2, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

August 6, 2009.
    On March 25, 2009, Clean River Power MR-2, LLC filed an
application, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of the Lowell Lock and Dam Water
Power Project, to be located at the State of Ohio's Lowell lock and dam
on the Muskingum River in Washington County, Ohio.
    The proposed Lowell Lock and Dam Project would consist of: (1) The
existing 17.5-foot-high, 840-foot-long concrete dam; (2) the existing
628-acre reservoir with a 4,492 acre-foot storage capacity; (3) a new
180-foot-long, 100-foot-wide intake structure; (4) a 150-foot-long,
100-foot-wide power canal; (5) a new powerhouse containing three
proposed generating units with a total installed capacity of 4.8
megawatts; (6) a new 250-foot-long tailrace; (7) a new switchyard
containing a single three-phase step-up transformer; and (8) a new
2,000-foot-long, 34.5-kilovolt overhead transmission line. The project
would have an estimated average annual generation of 19,300 megawatt-
hours.

    Applicant Contact: Mr. Alan Skelly, 8425 Beechmont Avenue,
Cincinnati, OH 45255, phone<PHONE_NUMBER>.
    FERC Contact: Michael Spencer,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of Commission's Web site at
http:[sol][sol]www.ferc.gov/docs-filing/elibrary.asp. Enter the docket
number (P-13407) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-19606 Filed 8-14-09; 8:45 am]


[Federal Register Volume 76, Number 124 (Tuesday, June 28, 2011)]
[Notices]
[Pages 37815-37817]
[FR Doc No: 2011-16119]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0010]

Cooperative Agreement To Support Shellfish Safety Assistance
Project

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA), Center for Food Safety
and Applied Nutrition (CFSAN), Office of Food Safety is announcing its
intent to award a single source cooperative agreement to support the
Interstate Shellfish Sanitation Conference (ISSC). The purpose of this
cooperative agreement is to enhance the FDA molluscan shellfish
sanitation program and provide the public greater assurance of the
quality and safety of these products.

DATES: Important dates are as follows:
    1. The application due date is July 15, 2011.
    2. The anticipated start date is September 1, 2011.
    3. The opening date is June 28, 2011.
    4. The expiration date is July 16, 2011.

For Further Information and Additional Requirements Contact:
    For Programmatic and Technical Concerns and Questions: Paul
DiStefano, Center for Food Safety and Applied Nutrition (HFS-325), Food
and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD
20740,<PHONE_NUMBER>.
    For Administrative and Financial Concerns and Questions: Gladys
Melendez-Bohler, Office of Acquisitions and Grants Services (HFA-500),
Food and Drug Administration, 5630 Fishers Lane, rm. 1078, Rockville,
MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Funding Opportunity Description

RFA-FD-11-023, 93.103.

A. Background

    The CFSAN Office of Food Safety is announcing its intent to award,
a single source cooperative agreement to the ISSC in the amount of
$325,000 for fiscal year 2011, direct and indirect costs combined.
Subject to the

availability of Federal funds and successful performance, 4 additional
years of support will be available. This effort will enhance FDA's
molluscan shellfish sanitation program and provide the public greater
assurance of the quality and safety of these products.
    Molluscan shellfish have been recognized by FDA as a significant
source of seafood-borne illnesses and continue to be the subject of
congressional, State, industry, and public concern. FDA has given high
priority to enhance the Agency's shellfish safety program and to
provide the public greater assurance of the quality and safety of these
products. FDA administers the National Shellfish Sanitation Program
(NSSP). Under that program the NSSP Model Ordinance serves as guidance
for State shellfish sanitation programs and the issuance of State
regulations and laws concerning shellfish safety. This cooperative
agreement will enhance FDA efforts to help ensure that shellfish is
free of harmful pathogens.

B. Research Objectives

    This proposed cooperative agreement with ISSC will continue to: (1)
Address the need to improve information exchange and transfer among
States, Federal Agencies, industry, and consumers; (2) strengthen State
activities by providing them with procedural and policy guidance,
technical training, research, consumer education, and support for
States to participate in ISSC biennial meetings and ISSC committee
meetings; and (3) promote efforts and projects, including research,
that will contribute significantly to the ability of FDA and States to
identify and implement scientifically defensible food safety controls
to reduce the risk of illness associated with molluscan shellfish
consumption, including Vibrio vulnificus and V. parahaemolyticus.
Research efforts will provide information and data that can be used to
reduce assumptions and tighten modeling outputs of the V. vulnificus
and V. parahaemolyticus risk assessments developed by the Food and
Agriculture Organization of the World Health Organization and FDA.
Substantive accomplishments of the ISSC under previous cooperative
agreements include:
    1. Coordination of annual shellfish safety meetings of Federal
regulators, State regulators, and industry members for the purpose of
developing improved science based shellfish safety controls in the NSSP
Model Ordinance for implementation by State shellfish control agencies
and the shellfish industry;
    2. Facilitation of the incorporation and implementation of Hazard
Analysis and Critical Control Point (HACCP) into the NSSP Model
Ordinance;
    3. Facilitation of an ISSC Unresolved Issues Process to resolve
shellfish safety program discrepancies between FDA and States, ensuring
continued compliance with NSSP shellfish safety controls;
    4. Coordination of NSSP Model Ordinance revisions and electronic
online availability;
    5. Coordination with FDA on the development and oversight of a V.
parahaemolyticus control plan;
    6. Development of an educational training video concerning the
risks and control of illegal shellfish harvesting;
    7. Development of an education training video concerning the public
health implications associated with overboard waste discharges from
harvest vessels;
    8. Development of accredited online training courses for medical
professionals concerning Vibrio illness and shellfish consumption;
    9. Development and maintenance of a World Wide Web site for
continuous accessibility to molluscan shellfish safety information,
including up-to-date information regarding outbreaks and recalls;
    10. Coordination, development and oversight of a V. vulnificus
control plan;
    11. In conjunction with FDA, conduct of retail and processing plant
product sampling studies to examine Vibrios in molluscan shellfish that
have undergone a post harvest process to reduce levels of Vibrios; and;
    12. In conjunction with FDA, conduct of a retail shellfish study to
look at the occurrence of pathogens in molluscan shellfish, including
norovirus, Hepatitis A virus, Salmonella, and Vibrios; and
    13. In conjunction with FDA, development of a risk-based approach
to evaluating State compliance with NSSP Model Ordinance requirements
for controlling the safety of molluscan shellfish.
    Other substantive accomplishments of the ISSC include facilitating
and coordinating development of shellstock time-temperature controls
for V. vulnificus and V. parahaemolyticus; funding support for V.
vulnificus virulent strain identification research; funding support to
research the effects of ice chilling on V. vulnificus; funding support
to research the influence of water and air temperature, dissolved
oxygen, and nutrients on V. parahaemolyticus concentrations in Pacific
oysters; funding support to conduct an economic assessment of mandating
post-harvest treatment of oysters; funding support to conduct a
consumer acceptance study of oysters that have been post-harvest
treated to reduce Vibrio levels to nondetect; development of a V.
vulnificus laboratory methodology training video; and development and
broadcast of a public service announcement to alert at risk consumers
of the dangers associated raw shellfish consumption.
    This project will (1) enhance both the effectiveness and uniformity
of the national molluscan shellfish safety program by improving the
flow of information between Federal and State regulatory agencies,
industry, and consumers; (2) strengthen State activities by providing
assistance in such areas as procedural and policy guidance, technical
training, research, consumer education, and conformity with
requirements of the NSSP Model Ordinance; (3) provide for research
opportunities related to shellfish safety; and (4) bring to final
resolution the development and implementation by States and industry of
effective Vibrio risk control plans that are consistent with current
science, epidemiology, and HACCP based food safety measures.
    Substantive involvement by FDA will include:
    (1) FDA will monitor the ISSC's overall conduct under this
cooperative agreement.
    (2) FDA will have representation on the ISSC Executive Board,
Committees, and Task Forces.
    (3) FDA will collaborate and work closely with the ISSC on V.
vulnificus and V. parahaemolyticus risk reduction efforts. FDA will
continue to monitor State activities to ensure illness/risk reduction
goals of the ISSC V. vulnificus control plan are met and continue to
monitor State activities to ensure that the ISSC V. parahaemolyticus
control plan is fully implemented.
    (4) FDA will continue to work with ISSC to develop State program
evaluation criteria.
    (5) FDA will analyze State shellfish program data and information
and work through the ISSC to resolve any State shellfish program
problems that may impact public health.
    (6) FDA will conduct training courses in growing area
classification, plant sanitation, and HACCP and plant standardization
for participants of the ISSC, including online training modules.
    (7) FDA will work with the ISSC to develop new microbiological and
marine biotoxin techniques and to develop and implement early warning
systems for toxic algal blooms and new

strategies for managing areas affected by toxic algal blooms.
    (8) FDA will continue to work with ISSC to establish improved
mechanisms for incorporating new lab methods into the NSSP.
    (9) FDA will work with the ISSC to develop NSSP Model Ordinance
interpretations.
    (10) FDA will take any action that may be necessary to ensure
compliance with this cooperative agreement including, but not limited
to the pursuit of science-based HACCP controls for managing the risk of
Vibrios, and developing patrol, growing area classification, and plant
inspection criteria.

C. Eligibility Information

    Competition is limited to ISSC because it has unique capacity found
nowhere else. ISSC is the primary voluntary National organization of
State shellfish regulatory officials that provides guidance and counsel
to the States and industry on matters of sanitary control of molluscan
shellfish. ISSC is the only organization that has the established
formal structure, procedures, and expertise to direct all components
(public health, environmental, resource management, and enforcement) of
an effective National shellfish safety program, and has operated
satisfactorily in this capacity since 1993. This effort will enhance
FDA's molluscan shellfish safety program and provide the public greater
assurance of the quality and safety of shellfish products.

II. Award Information/Funds Available

A. Award Amount

    The annual allocation to the ISSC under this cooperative agreement,
including support in the amount of $75,000.00 from the National Marine
Fisheries Services will be $325,000.00.
    Subject to the availability of Federal funds and successful
performance, 4 additional years of support will be available. CFSAN
intends to fund 1 year of award to begin in September 1, 2011. Subject
to annual appropriations and successful performance, 4 additional years
of noncompetitive award will be available.

B. Length of Support

    September 1, 2011, to August 31, 2016.

III. Paper Application, Registration, and Submission Information

    To submit a paper application in response to the funding
opportunity announcement (FOA), applicants should first review the full
announcement located at http://www.fda.gov/Food/NewsEvents/default.htm.
(FDA has verified the Web site addresses throughout this document, but
FDA is not responsible for any subsequent changes to the Web sites
after this document publishes in the Federal Register.) Persons
interested in applying for a grant may obtain an application at http://grants2.nih.gov/grants/funding/phs398/phs398.html. For all paper
application submissions, the following steps are required:
     Step 1: Obtain a Dun and Bradstreet Data Universal
Numbering System (DUNS) Number
     Step 2: Register With Central Contractor Registration
     Step 3: Register With Electronic Research Administration
(eRA) Commons
    Steps 1 and 2, in detail, can be found at http://www07.grants.gov/applicants/organization_registration.jsp. Step 3, in detail, can be
found at https://commons.era.nih.gov/commons/registration/registrationInstructions.jsp.
    After you have followed these steps, submit paper applications to:
Gladys Melendez-Bohler, Office of Acquisition and Grants Services (HFA-
500), Food and Drug Administration, 5630 Fishers Lane, rm. 1078,
Rockville, MD 20857,<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
    Dated: June 22, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-16119 Filed 6-27-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 78, Number 25 (Wednesday, February 6, 2013)]
[Rules and Regulations]
[Pages 8361-8362]
[FR Doc No: 2013-02504]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 117, 119, and 121

[Docket No. FAA-2009-1093; Amdt. Nos. 117-1, 119-16, 121-357]
RIN 2120-AJ58

Flightcrew Member Duty and Rest Requirements; Technical
Correction

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical correction.

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

SUMMARY: The FAA is correcting the final flightcrew member duty and
rest rule published on January 4, 2012. In that rule, the FAA amended
its existing flight, duty and rest regulations applicable to
certificate holders and their flightcrew members operating certain
domestic, flag, and supplemental operations. This document corrects
several issues requiring a technical correction in the codified text of
the final flightcrew member duty and rest rule.

DATES: Effective January 14, 2014.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Dale E. Roberts, AFS-200, Flight Standards
Service, Air Transportation Division Federal Aviation Administration,
800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
5749; email<EMAIL_ADDRESS>    For legal questions concerning this action, contact Alex Zektser,
AGC-220, Office of Chief Counsel, Regulations Division, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On January 4, 2012, the FAA published a final rule entitled
``Flightcrew Member Duty and Rest Requirements'' (77 FR 330). In that
rule, the FAA created a new part, part 117, which replaced the then-
existing flight, duty, and rest regulations for part 121 passenger
operations. As part of this rulemaking, the FAA also applied the new
part 117 to certain part 91 operations, and it permitted all-cargo
operations operating under part 121 to voluntarily opt into the part
117 flight, duty, and rest regulations.
    After the final rule was published, the FAA discovered several
issues requiring a technical correction in the regulatory

text of the rule. These issues, and the corresponding technical
corrections, are as follows.

Technical Corrections

1. Reporting a Flight Time Extension

    Subsections 117.11(c)(2) and (d) contain requirements that are
triggered if the certificate holder uses a flight-time extension for
circumstances that are within the certificate holder's control.
However, pursuant to Sec.  117.11(b), a flight-time extension can only
be taken for unforeseen operational circumstances that are ``beyond the
certificate holder's control.'' Because a flight time extension cannot
be taken for circumstances that are within the control of the
certificate holder, the provisions of Sec.  117.11(c)(2) and (d) are
unnecessary and have been removed.

2. Applying Sec.  117.19 Extensions to Short-Call Reserve Limits

    The regulatory text of Sec.  117.19 in the final rule permits
extensions to flight duty periods but does not permit extensions to the
short-call reserve limits specified in Sec.  117.21(c)(3) and (4).
Because these short-call-reserve limits were not intended to be more
stringent than flight-duty-period limits, Sec.  117.19 has been
corrected to provide an extension for the short-call-reserve limits
specified in Sec.  117.21(c)(3) and (4).

3. Requirements for the 56-Hour Rest Period

    The regulatory text of Sec.  117.25(d) has been corrected to
clarify that the rest requirements of that subsection are triggered if
a flightcrew member: (1) Travels more than 60 degrees longitude during
a flight duty period or series of flight duty periods; and (2) is away
from home base for over 168 consecutive hours during this travel.

4. Applying Sec.  117.29 Extensions to Short-Call Reserve Limits

    Similar to the Sec.  117.19 discussion above, Sec.  117.29(b) also
allows for an extension of flight-duty-period limits but does not allow
for an extension of short-call-reserve limits. As such, Sec.  117.29(b)
has been corrected to allow short-call reserve to have the same
extension as a flight duty period.
    Accordingly, in the final rule, FR Doc. 2011-33078, published on
January 4, 2012 (77 FR 330), make the following corrections:

Sec.  117.11  [Corrected]

0
1. On pages 399 and 400, in the third column on page 399 and the first
column of page 400, in Sec.  117.11, revise paragraph (c) and remove
paragraph (d).
    The revision reads as follows:
    ``(c) Each certificate holder must report to the Administrator
within 10 days any flight time that exceeded the maximum flight time
limits permitted by this section. The report must contain a description
of the extended flight time limitation and the circumstances
surrounding the need for the extension.

Sec.  117.19  [Corrected]

0
2. On page 400, in the second column, in Sec.  117.19, paragraph (a)(1)
is revised to read as follows:
    ``(1) The pilot in command and the certificate holder may extend
the maximum flight duty period permitted in Tables B or C of this part
up to 2 hours. The pilot in command and the certificate holder may also
extend the maximum combined flight duty period and reserve availability
period limits specified in Sec.  117.21(c)(3) and (4) of this part up
to 2 hours.''

Sec.  117.25  [Corrected]

0
3. On page 401, in the second column, in Sec.  117.25, paragraph (d) is
revised to read as follows:
    ``(d) A flightcrew member must be given a minimum of 56 consecutive
hours rest upon return to home base if the flightcrew member: (1)
Travels more than 60[deg] longitude during a flight duty period or a
series of flight duty period, and (2) is away from home base for more
than 168 consecutive hours during this travel. The 56 hours of rest
specified in this section must encompass three physiological nights'
rest based on local time.''

Sec.  117.29  [Corrected]

0
4. On page 401, in the third column, in Sec.  117.29, paragraph (b) is
revised to read as follows:
    ``(b) The pilot-in-command may determine that the maximum
applicable flight duty period, flight time, and/or combined flight duty
period and reserve availability period limits must be exceeded to the
extent necessary to allow the flightcrew to fly to the closest
destination where they can safely be relieved from duty by another
flightcrew or can receive the requisite amount of rest prior to
commencing their next flight duty period.''

    Issued in Washington, DC on January 31, 2013.
Mark W. Bury,
Acting Assistant Chief Counsel for International Law, Legislation, and
Regulations Division, AGC-200.
[FR Doc. 2013-02504 Filed 2-5-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 173 (Monday, September 8, 2014)]
[Notices]
[Pages 53193-53194]
[FR Doc No: 2014-21295]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9916-30-OGC]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed consent decree; request for public comment.

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

SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``CAA'' or the ``Act''), notice is hereby given of a proposed
consent decree to address a lawsuit filed by the Sierra Club in the
United States District Court for the District of Columbia: Sierra Club
v. McCarthy, Civil Case No. 1:14-cv-00222 (D.D.C.). On February 17,
2014, Plaintiff filed a complaint which alleged that Gina McCarthy, in
her official capacity as Administrator of the United States
Environmental Protection Agency (``EPA''), failed to perform a
mandatory duty to promulgate a Federal Implementation Plan (``FIP'')
for Montana's Prevention of Significant Deterioration (``PSD'') program
to properly regulate nitrogen oxides as an ozone precursor. The
proposed consent decree would establish a deadline for EPA to take this
action.

DATES: Written comments on the proposed consent decree must be received
by October 8, 2014.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2014-0627, online at www.regulations.gov (EPA's preferred method);
by email to<EMAIL_ADDRESS>by mail to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Stephanie Hogan, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection

Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone:
(202) 564-3244; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by the
Sierra Club seeking to compel the Administrator to take action under
CAA sections 110(c)(1)(A). Under the terms of the proposed consent
decree, EPA would agree to sign a notice by no later than November 7,
2014, to promulgate a FIP for Montana's PSD program that addresses
nitrogen oxides as an ozone precursor. The consent decree further
provides that EPA shall have complied with this obligation if EPA signs
by the same date a notice or notices collectively satisfying the PSD
requirements in CAA section 110(a)(2)(C) and (J) for the 1997 ozone
NAAQS, including unconditionally approving a state implementation plan
(``SIP'') or promulgating a partial FIP and unconditionally approving a
partial SIP.
    Under the terms of the proposed consent decree, EPA will deliver
notice of the action to the Office of the Federal Register for review
and publication within 15 business days of signature. In addition, the
proposed consent decree outlines the procedure for the Plaintiff to
request costs of litigation, including attorney fees.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed consent decree from persons who are not named as parties or
intervenors to the litigation in question. EPA or the Department of
Justice may withdraw or withhold consent to the proposed consent decree
if the comments disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the Act. Unless EPA or the Department of
Justice determines that consent to this consent decree should be
withdrawn or withheld, the terms of the consent decree will be
affirmed.

II. Additional Information About Commenting on the Proposed Consent
Decree

A. How can I get a copy of the consent decree?

    The official public docket for this action (identified by EPA-HQ-
OGC-2014-0627) contains a copy of the proposed consent decree. The
official public docket is available for public viewing at the Office of
Environmental Information (OEI) Docket in the EPA Docket Center, EPA
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The EPA
Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Public Reading Room is<PHONE_NUMBER>, and the telephone number
for the OEI Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available on the
internet (online) through the Web site www.regulations.gov. You may use
www.regulations.gov to submit or view public comments, access the index
listing of the contents of the official public docket, and access those
documents in the public docket that are available electronically. Once
in the system, key in the appropriate docket identification number then
select ``search''.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at www.regulations.gov without change, unless
the comment contains copyrighted material, confidential business
information (CBI), or other information whose disclosure is restricted
by statute. Information claimed as CBI and other information whose
disclosure is restricted by statute is not included in the official
public docket or in the electronic public docket. EPA's policy is that
copyrighted material, including copyrighted material contained in a
public comment, will not be placed in EPA's electronic public docket
but will be available only in printed, paper form in the official
public docket. Although not all docket materials may be available
electronically, you may still access any of the publicly available
docket materials through the EPA Docket Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are 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.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. 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. 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.
    Use of the www.regulations.gov Web site to submit comments to EPA
electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(email) system is not an ``anonymous access'' system. If you send an
email comment directly to the Docket without going through
www.regulations.gov, your email address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: August 26, 2014.
Lorie Schmidt,
Associate General Counsel.
[FR Doc. 2014-21295 Filed 9-5-14; 8:45 am]
BILLING CODE 6560-50-P


9 VAC 5 CHAPTER 40.

EXISTING STATIONARY SOURCES.

PART II.

Emission Standards.

ARTICLE 4.

Emission Standards for General Process Operations (Rule 4-4).

9 VAC 5-40-240. Applicability and designation of affected facility.

	A. Except as provided in subsections C and D of this section, the
affected facility to which the provisions of this article apply is each
process operation, each process gas stream and each combustion
installation.

	B. The provisions of this article apply throughout the Commonwealth of
Virginia.

	C. Exempted from the provisions of this article are the following:

		1. Process operations with a process weight rate capacity less than
100 pounds per hour.

		2. Any combustion unit using solid fuel with a maximum heat input of
less than 350,000 Btu per hour.

		3. Any combustion unit using liquid fuel with a maximum heat input of
less than 1,000,000 Btu per hour.

		4. Any combustion unit using gaseous fuel with a maximum heat input of
less than 10,000,000 Btu per hour.

	D. The provisions of this article do not apply to a particular
pollutant from an affected facility if the affected facility is subject
to other emission standards in this chapter covering the same pollutant.

9 VAC 5-40-250. Definitions.

	A. For the purpose of the Regulations for the Control and Abatement of
Air Pollution and subsequent amendments or any orders issued by the
board, the words or terms shall have the meanings given them in
subsection C of this section.

	B. As used in this article, all terms not defined here shall have the
meanings given them in 9 VAC 5 Chapter 10 (9 VAC 5-10-10 et seq.),
unless otherwise required by context.

	C. Terms defined.

		"Combustion installation" means all combustion units within a
stationary source in operation prior to October 5, 1979.

		"Combustion unit" means any type of stationary equipment in which
solid, liquid or gaseous fuels and refuse are burned, including, but not
limited to, furnaces, ovens, and kilns.

		"Heat input" means the total gross calorific value of all fuels
burned.

		"Manufacturing operation" means any process operation or combination
of physically connected dissimilar process operations which is operated
to effect physical or chemical changes or both in an article.

		"Materials handling equipment" means any equipment used as a part of a
process operation or combination of process operations which does not
effect a physical or chemical change in the material or in an article,
such as, but not limited to, conveyors, elevators, feeders or weighers.

		"Physically connected" means any combination of process operations
connected by materials handling equipment and designed for simultaneous
complementary operation.

		"Process operation" means any method, form, action, operation or
treatment of manufacturing or processing, including any storage or
handling of materials or products before, during or after manufacturing
or processing.

		"Process unit" means any step in a manufacturing or process operation
which results in the emission of pollutants to the atmosphere.

		"Process weight" means total weight of all materials introduced into
any process unit which may cause any emission of pollutants. Process
weight includes solid fuels charged, but does not include liquid and
gaseous fuels charged or combustion air for all fuels.

		"Process weight rate" means a rate established as follows:

			a. For continuous or long-run steady-state process operations, the
total process weight for the entire period of continuous operation or
for a typical portion of it, divided by the number of hours of such
period or portion of it.

			b. For cyclical or batch process operations, the total weight for a
period that covers a complete operation or an integral number of cycles,
divided by the hours of actual process operation during such a period.

		"Reasonably available control technology" means the lowest emission
limit that a particular source is capable of meeting by the application
of control technology that is reasonably available, considering
technological and economic feasibility.

		"Rated capacity" means the capacity as stipulated in the purchase
contract for the condition of 100% load, or such other capacities as
mutually agreed to by the board and owner using good engineering
judgment.

		"Total capacity" means with reference to a combustion installation,
the sum of the rated capacities (expressed as heat input) of all units
of the installation which must be operated simultaneously under
conditions of 100% use load.

9 VAC 5-40-300.	Standard for volatile organic compounds.  [Repealed.]

	A.	No owner or other person shall cause or permit to be discharged from
any affected facility any volatile organic compound emissions in excess
of that resultant from using reasonably available control technology.

	B.	The provisions of this section apply to all facilities that (i) are
within a stationary source in the Northern Virginia or Richmond
Emissions Control Area (see 9 VAC 5-20-206) and (ii) are within a
stationary source that has a theoretical potential to emit 25 tons per
year or greater in the Northern Virginia Emissions Control Area or 100
tons per year or greater in the Richmond Emissions Control Area.  For
the purposes of this section only, the Richmond Emissions Control Area
does not include Prince George County and Petersburg City.  Theoretical
potential to emit shall be based on emissions at design capacity or
maximum production and maximum operating hours (8,760 hours/year) before
add-on controls, unless the facility is subject to state and federally
enforceable permit conditions which limit production rates or hours of
operation.  Emissions from all facilities, including facilities exempt
from any other emission standard for volatile organic compounds in this
chapter, shall be added together to determine theoretical potential to
emit.

	C.	For facilities subject to the provisions of this section, the owners
shall within three months of the effective date of this emission
standard (i) notify the board of their applicability status, (ii) commit
to making a determination as to what constitutes reasonably available
control technology for the facilities and (iii) provide a schedule
acceptable to the board for making this determination and for achieving
compliance with the emission standard as expeditiously as possible but
no later than the following dates:

		1.	For facilities in the Northern Virginia Emissions Control Area with
a theoretical potential to emit 50 tons per year or greater, May 31,
1995.

		2.	For facilities in the Northern Virginia Emissions Control Area with
a theoretical potential to emit 25 tons per year or greater, but less
than 50 tons per year, May 31, 1996.

		3.	For facilities in the Richmond Emissions Control Area with a
theoretical potential to emit 100 tons per year or greater, May 31,
1995.

9 VAC 5-40-310.	Standard for nitrogen oxides.  [Repealed.]

	A.	No owner or other person shall cause or permit to be discharged from
any affected facility any nitrogen oxides emissions in excess of that
resultant from using reasonably available control technology.

	B.	Unless the owner demonstrates otherwise to the satisfaction of the
board, compliance with the provisions of subsection A of this section
shall be achieved for the applicable source types by the use of
reasonably available control technology as defined in 9 VAC 5-40-311.

	C.	The provisions of this section apply to all facilities that (i) are
within a stationary source in the Northern Virginia or Western Virginia
Emissions Control Area (see 9 VAC 5-20-206) and (ii) are within a
stationary source that has a theoretical potential to emit 25 tons per
year or greater in the Northern Virginia Emissions Control Area, or 100
tons per year or greater in the Western Virginia Emissions Control Area.
 Theoretical potential to emit shall be based on emissions at design
capacity or maximum production and maximum operating hours (8,760
hours/year) before add-on controls, unless the facility is subject to
state and federally enforceable permit conditions which limit production
rates or hours of operation.  Emissions from all facilities, including
facilities exempt from any other emission standard for nitrogen oxides
in this chapter, shall be added together to determine theoretical
potential to emit.

	D.	For facilities subject to the provisions of subsection A of this
section, the owners shall within three months of the effective date of
the emission standard (i) notify the board of their applicability
status, (ii) commit to making a determination as to what constitutes
reasonably available control technology for the facilities and (iii)
provide a schedule acceptable to the board for making this determination
and for achieving compliance with the emission standard as expeditiously
as possible but no later than the following dates:

		1.	For facilities in the Northern Virginia Emissions Control Area with
a theoretical potential to emit 50 tons per year or greater, May 31,
1995.

		2.	For facilities in the Northern Virginia Emissions Control Area with
a theoretical potential to emit 25 tons per year or greater, but less
than 50 tons per year, November 15, 2005.

		3.	For facilities in the Western Virginia Emissions Control Area with
a theoretical potential to emit 100 tons per year or greater, November
15, 2005.

	E.	For facilities to which the provisions of subsection B of this
section are applicable, the owners shall within three months of the
effective date of the emission standard (i) notify the board of their
applicability status, (ii) commit to accepting the emission standard as
reasonably available control technology for the applicable facilities or
to submitting a demonstration as provided in subsection B of this
section and (iii) provide a schedule acceptable to the board for
submitting the demonstration no later than the dates specified in
subdivisions 1, 2, and 3 of this subsection, and for achieving
compliance with the emission standard as expeditiously as possible but
no later than the dates specified in subdivisions 4, 5, and 6 of this
subsection.

		1.	For facilities in the Northern Virginia Emissions Control Area with
a theoretical potential to emit 50 tons per year or greater, January 1,
1994.

		2.	For facilities in the Northern Virginia Emissions Control Area with
a theoretical potential to emit 25 tons per year or greater, but less
than 50 tons per year, January 1, 2004.

		3.	For facilities in the Western Virginia Emissions Control Area with
a theoretical potential to emit 100 tons per year or greater, January 1,
2004.

		4.	For facilities in the Northern Virginia Emissions Control Area with
a theoretical potential to emit 50 tons per year or greater, May 31,
1995.

		5.	For facilities in the Northern Virginia Emissions Control Area with
a theoretical potential to emit 25 tons per year or greater, but less
than 50 tons per year, November 15, 2005.

		6.	For facilities in the Western Virginia Emissions Control Area with
a theoretical potential to emit 100 tons per year or greater, November
15, 2005.

	F.	No owner or other person shall cause or permit to be discharged from
any facility any nitrogen oxides emissions in excess of those necessary
to achieve emissions reductions identified in any attainment or
maintenance plan or any other legally enforceable document submitted to
the U.S. Environmental Protection Agency as a revision to the state
implementation plan.

		1.	The facilities to which the provisions of this subsection apply are
facilities within the Richmond Emissions Control Area (see 9 VAC
5-20-206) identified in any attainment or maintenance plan submitted to
the U.S. Environmental Protection Agency as a revision to the state
implementation plan.

		2.	The board may establish case-by-case emission limits and other
requirements as may be necessary to achieve the required emission
reductions via permits, consent orders, or other legally enforceable
means.

		3.	Facilities subject to this subsection shall be in compliance with
any limits and other requirements established pursuant to subsection F 2
of this section within the timeframes established in any state plan
revision, permit, or other legally enforceable document.

		4.	The provisions of subsections A through E of this section shall not
apply to facilities within the Richmond Emissions Control Area (see 9
VAC 5-20-206).

9 VAC 5-40-311.	Reasonably available control technology guidelines for
stationary sources of nitrogen oxides.  [Repealed.]

	A.	General.

	Unless otherwise approved by the board, this section defines reasonably
available control technology for the purposes of compliance with 9 VAC
5-40-310 A for the source types specified here.

	B.	Definitions.

		1.	For the purpose of this section and subsequent amendments or any
orders issued by the board, the words or terms shall have the meaning
given them in subdivision B 3 of this section.

		2.	As used in this section, all terms not defined here shall have the
meaning given them in 9 VAC 5 Chapter 10 (9 VAC 5-10-10 et seq.), unless
otherwise required by context.

		3.	Terms defined.

			"Capacity factor" means the ratio of the average load on a machine or
equipment for the period of time considered to be the capacity rating of
the machine or equipment.

			"Combustion modification" means any change to the configuration of
the burners or the firing method or mechanism of any combustion
equipment for the purpose of reducing the emissions of nitrogen oxides.
Acceptable combustion equipment changes within the context of this term
include, but are not limited to, reburning, burners out of service, flue
gas recirculation, fuel substitution, engine adjustments, engine
modifications, fuel modifications and the addition of over fire air and
low nitrogen oxides burner systems.

			"Fossil fuel" means natural gas, petroleum, coal and any form of
solid, liquid or gaseous fuel derived from such materials for the
purpose of creating useful heat.

			"Fuel burning equipment" means any furnace, with fuel burning
equipment appurtenances thereto, used in the process of burning fuel for
the primary purpose of producing heat to be utilized by indirect heat
transfer or producing power.  This includes facilities that are designed
as boilers to produce steam or heated water and are designed to burn
either fossil fuel or refuse derived fuel.  It does not include such
facilities if designed primarily to burn raw refuse.

			"Gas turbine" means a rotary internal combustion engine fueled by
liquid or gaseous fuel.

			"Heat input" means the total gross calorific value of all fuels
burned.

			"Incinerator" means any device, apparatus, equipment, or structure
using combustion or pyrolysis for destroying, or reducing the volume of
any material or substance.

			"Internal combustion engine" means a reciprocating engine which is
fueled by liquid or gaseous fuel.

			"Process heater" means any fuel burning equipment which is used to
produce heat for use in a manufacturing process.  This term includes
boilers which use a heat transfer medium other than water, but does not
include drying ovens, steam generating units, or other drying apparatus.

			"Rated capacity" means the capacity as stipulated in the purchase
contract for the condition of 100% load, or such other capacities as
mutually agreed to by the board and owner using good engineering
judgment.

			"Refuse derived fuel (RDF)" means fuel produced from solid or liquid
waste (includes materials customarily referred to as refuse and other
discarded materials) or both which has been segregated and classified,
with the useable portions being put through a size reduction and
classification process which results in a relatively homogeneous
mixture.

			"Steam generating unit" means any furnace, boiler or other device
used for combusting fuel for the purpose of producing steam.

	C.	Definition of reasonably available control technology.

		1.	For the source types listed below, reasonably available control
technology is defined as the emission limits specified below based upon
the application of combustion modification; however, owners may elect to
use any alternative control technology, provided such alternative is
capable of achieving the prescribed emission limits.

			a.	Steam generating units and process heaters.  The maximum allowable
emission rate for nitrogen oxides from steam generating units and
process heaters is as follows:

TABLE 4-4C

Maximum Allowable Emission Rates for Nitrogen Oxides Emissions from
Steam Generating Units and Process Heaters (pounds per million Btu heat
input)

Fuel Type	Firing Method

	Face* and Tangential	Cyclone	Stokers

 Coal – wet bottom	1.0	.55	N/A

 Coal – dry bottom	.38	N/A	0.4

 Oil or Gas or both	.25	.43	N/A

 Gas only	.20	N/A	N/A

* Includes wall, opposed and vertical firing methods

			b.	Gas turbines.  The maximum allowable emission rate for nitrogen
oxides from gas turbines is as follows:

TABLE 4-4D

Maximum Allowable Emission Rates for Nitrogen Oxides Emissions from Gas
Turbines

≥ .015%.

		2.	Any demonstration of compliance with the limits in subdivision C 1
of this section shall be on a daily basis.

		3.	For the source types and sizes listed below, a demonstration of
reasonably available control technology is not required as provided in 9
VAC 5-40-310 B.

			a.	Any steam generating unit, process heater or gas turbine with an
annual capacity factor of less than 5.0%, except that three months
following any calendar year during which the capacity factor is 5.0% or
greater, the facility shall be subject to 9 VAC 5-40-310 A or B, as
applicable, and the owner shall comply with 9 VAC 5-40-310 D or E, as
applicable, except the compliance date shall be two years after approval
of the schedule by the board.  Time periods during which a stand-by unit
is used to provide replacement services for a unit being altered to
comply with the provisions of 9 VAC 5-40-310 A or B shall not be used as
the basis for a determination that the stand-by unit exceeded the annual
capacity factor criteria of 5.0%.

			b.	Any stationary internal combustion engine with a rated capacity of
less than 450 hp of output power.

			c.	Any incinerator with a maximum capacity of less than 50 tons of
waste per day.

			d.	Any incinerator or thermal or catalytic oxidizer used exclusively
as air pollution control equipment.

			e.	Any generator used solely to supply emergency power to buildings
during periods when normal power supplies are interrupted and during
periods of scheduled maintenance.

ARTICLE 51.

Emission Standards for Stationary Sources Subject to

Case-by-Case RACT Determinations (Rule 4-51).

9 VAC 5-40-7370. Applicability and designation of affected facility.

	A. The affected facility to which the provisions of this article apply
is each facility that is within a stationary source that has a
theoretical potential to emit equal to or greater than the applicable
source threshold specified in Table 4-51A or 4-51B, and Table 4-51C or
4-51E.

	B. The provisions of this article apply to all Emission Control Areas
as defined in 9 VAC 5-20-206 and indicated in Table 4-51A or 4-51B, and
Table 4-51C or 4-51E.

	C. The provisions of this article do not apply to a particular
pollutant from an affected facility if the affected facility is subject
to other emission standards in this chapter covering the same pollutant.

9 VAC 5-40-7380. Definitions.

	A. For the purpose of applying this article in the context of the
Regulations for the Control and Abatement of Air Pollution and related
uses, the words or terms shall have the meanings given them in
subsection C of this section.

	B. As used in this article, all terms not defined here shall have the
meanings given them in 9 VAC 5 Chapter 10 (9 VAC 5-10), unless otherwise
required by context.

	C. Terms defined.

		“Capacity factor” means the ratio of the average load on a machine
or equipment for the period of time considered to be the capacity rating
of the machine or equipment.

		“Combustion modification” means any change to the configuration of
the burners or the firing method or mechanism of any combustion
equipment for the purpose of reducing the emissions of nitrogen oxides.
Acceptable combustion equipment changes within the context of this term
include, but are not limited to, reburning, burners out of service, flue
gas recirculation, fuel substitution, engine adjustments, engine
modifications, fuel modifications and the addition of over fire air and
low nitrogen oxides burner systems.

		“Fossil fuel” means natural gas, petroleum, coal and any form of
solid, liquid or gaseous fuel derived from such materials for the
purpose of creating useful heat.

		“Fuel burning equipment” means any furnace, with fuel burning
equipment appurtenances thereto, used in the process of burning fuel for
the primary purpose of producing heat to be utilized by indirect heat
transfer or producing power.  This includes facilities that are designed
as boilers to produce steam or heated water and are designed to burn
either fossil fuel or refuse derived fuel.  It does not include such
facilities if designed primarily to burn raw refuse.

		“Gas turbine” means a rotary internal combustion engine fueled by
liquid or gaseous fuel.

		“Heat input” means the total gross calorific value of all fuels
burned.

		“Incinerator” means any device, apparatus, equipment, or structure
using combustion or pyrolysis for destroying, or reducing the volume of
any material or substance.

		“Internal combustion engine” means a reciprocating engine which is
fueled by liquid or gaseous fuel.

		“Presumptive RACT” means the emission limit that a particular
source is capable of meeting by the application of reasonably available
control technology that is defined in 9 VAC 5-40-7430.

		“Process heater” means any fuel burning equipment which is used to
produce heat for use in a manufacturing process.  This term includes
boilers which use a heat transfer medium other than water, but does not
include drying ovens, steam generating units, or other drying apparatus.

		“Rated capacity” means the capacity as stipulated in the purchase
contract for the condition of 100% load, or such other capacities as
mutually agreed to by the board and owner using good engineering
judgment.

		“Reasonably available control technology” or "RACT" means the
lowest emission limit that a particular source is capable of meeting by
the application of control technology that is reasonably available,
considering technological and economic feasibility.

		“Refuse derived fuel (RDF)” means fuel produced from solid or
liquid waste (includes materials customarily referred to as refuse and
other discarded materials) or both which has been segregated and
classified, with the useable portions being put through a size reduction
and classification process which results in a relatively homogeneous
mixture.

		“Steam generating unit” means any furnace, boiler or other device
used for combusting fuel for the purpose of producing steam.

		“Theoretical potential to emit” means the maximum capacity of a
stationary source to emit a pollutant based on emissions at design
capacity or maximum production and maximum operating hours (8,760
hours/year) before add-on controls, unless the facility is subject to
state and federally enforceable permit conditions which limit production
rates or hours of operation.  Emissions from all facilities, including
facilities exempt from any other emission standard for volatile organic
compounds or nitrogen oxides in this chapter, shall be added together to
determine theoretical potential to emit.

		“Tpy” means tons per year.

9 VAC 5-40-7390. Standard for volatile organic compounds (1-hour ozone
standard).

	A. No owner or other person shall cause or permit to be discharged from
any affected facility any volatile organic compounds (VOCs) emissions in
excess of that resultant from using RACT.

	B. The provisions of this section apply to all facilities that (i) are
within a stationary source in the emissions control areas specified in
Table 4-51A and (ii) are within a stationary source that has a
theoretical potential to emit at the applicable source thresholds
specified Table 4-51A.

TABLE 4-51A.

NOTIFICATION AND COMPLIANCE DATES FOR

FACILITIES LOCATED IN

VOC EMISSIONS CONTROL AREAS

EMISSIONS CONTROL AREA	SOURCE THRESHOLD	NOTIFICATION DATE	COMPLIANCE
DATE

Richmond	( 100 tpy	October 1, 1991	May 31, 1995

Northern Virginia	( 100 tpy	October  1, 1991	May 31, 1995

Northern Virginia	( 50 tpy and <100 tpy	April 1, 1993	May 31, 1995

Northern Virginia	( 25 tpy and < 50 tpy	July 1, 1996	May 31, 1996

	C.	For facilities subject to the provisions of this section, the owners
shall, by the notification dates specified in Table 4-51A, (i) notify
the board of their applicability status, (ii) commit to making a
determination as to what constitutes RACT for the facilities and (iii)
provide a schedule acceptable to the board for making this determination
and for achieving compliance with the emission standard as expeditiously
as possible but no later than the compliance dates specified in Table
4-51A.

	D. For the purposes of this section only, the Richmond Emissions
Control Area shall not include Prince George County and Petersburg City.

9 VAC 5-40-7400. Standard for volatile organic compounds (8-hour ozone
standard).

	A. No owner or other person shall cause or permit to be discharged from
any affected facility any volatile organic compounds (VOCs) emissions in
excess of that resultant from using RACT.

	B. The provisions of this section apply to all facilities that (i) are
within a stationary source in the emissions control areas specified in
Table 4-51B and (ii) are within a stationary source that has a
theoretical potential to emit at the applicable source thresholds
specified Table 4-51B.

TABLE 4-51B.

NOTIFICATION AND COMPLIANCE DATES FOR

FACILITIES LOCATED IN

VOC EMISSIONS CONTROL AREAS

EMISSIONS CONTROL AREA	SOURCE THRESHOLD	NOTIFICATION DATE	COMPLIANCE
DATE

Northern Virginia	( 50 tpy	March 1, 2007	April 1, 2009

	C. For facilities subject to the provisions of this section, the owners
shall, by the notification dates specified in Table 4-51B, (i) notify
the board of their applicability status, (ii) commit to making a
determination as to what constitutes RACT for the facilities and (iii)
provide a schedule acceptable to the board for making this determination
and for achieving compliance with the emission standard as expeditiously
as possible but no later than the compliance dates specified in Table
4-51B.

	D. Nothing in this article shall exempt any facility subject to the
provisions of 9 VAC 5-40-7390 from being subject to the provisions of
this section.  The board may reevaluate any RACT determination made
under 9 VAC 5-40-7390 and require compliance with a new RACT
determination as necessary to implement this section.

	E. Upon the request of the board, the owner of a facility subject to or
exempt from the provisions of 9 VAC 5-40-7390 shall provide such
information as the board deems necessary to determine if the facility is
subject to this section.

9 VAC 5-40-7410. Standard for nitrogen oxides (1-hour ozone standard).

	A. No owner or other person shall cause or permit to be discharged from
any affected facility any nitrogen oxides (NOX) emissions in excess of
that resultant from using RACT.

	B. Unless the owner demonstrates otherwise to the satisfaction of the
board, facilities to which the presumptive RACT provisions of 9 VAC
5-40-7430 are applicable shall comply with the provisions of subsection
A of this section by the use of presumptive RACT.

	C. The provisions of this section apply to all facilities that (i) are
within a stationary source in the emissions control areas specified in
Table 4-51C and (ii) are within a stationary source that has a
theoretical potential to emit at the applicable source thresholds
specified in Table 4-51C.

TABLE 4-51C.

NOTIFICATION AND COMPLIANCE DATES FOR FACILITIES

LOCATED IN NOX EMISSIONS CONTROL AREAS

FOR WHICH THERE IS NO PRESUMPTIVE RACT

EMISSIONS CONTROL AREA	SOURCE THRESHOLD	NOTIFICATION DATE	COMPLIANCE
DATE

Northern Virginia	( 50 tpy	April 1, 1993	May 31, 1995

Northern Virginia	( 25 tpy and < 50 tpy	September 4, 2003	November 15,
2005

Western Virginia	( 100 tpy	June 24, 2004	November 15, 2005

	D. For facilities subject to the provisions of this section and for
which there is no presumptive RACT definition, the owners shall, by the
notification dates specified in Table 4-51C, (i) notify the board of
their applicability status, (ii) commit to making a determination as to
what constitutes RACT for the facilities and (iii) provide a schedule
acceptable to the board for making this determination and for achieving
compliance with the emission standard as expeditiously as possible but
no later than the compliance dates specified in Table 4-51C.

	E. For facilities subject to the provisions of this section and for
which there is a presumptive RACT definition, the owners shall, by the
notification dates specified in Table 4-51D, (i) notify the board of
their applicability status, (ii) commit to accepting the presumptive
RACT emission limits as RACT for the applicable facilities or to
submitting a demonstration as provided in subsection B of this section
and (iii) provide a schedule acceptable to the board for submitting the
demonstration no later than the demonstration dates specified in Table
4-51D, and for achieving compliance with the emission standard as
expeditiously as possible but no later than the compliance dates
specified in Table 4-51D.

TABLE 4-51D.

NOTIFICATION AND COMPLIANCE DATES FOR FACILITIES

LOCATED IN NOX EMISSIONS CONTROL AREAS

FOR WHICH PRESUMPTIVE RACT IS DEFINED

EMISSIONS CONTROL AREA	SOURCE THRESHOLD	NOTIFICATION DATE	DEMONSTRATION
DATE	COMPLIANCE DATE

Northern Virginia	( 50 tpy	April 1, 1993	January 1, 1994	May 31, 1995

Northern Virginia	( 25 tpy and < 50 tpy	September 4, 2003	January 1,
2004	November 15, 2005

Western Virginia	( 100 tpy	June 24, 2004	January 1, 2004	November 15,
2005

	F. No owner or other person shall cause or permit to be discharged from
any facility any NOX emissions in excess of those necessary to achieve
emissions reductions identified in any attainment or maintenance plan or
any other legally enforceable document submitted to the U.S.
Environmental Protection Agency as a revision to the state
implementation plan.

		1. The facilities to which the provisions of this subsection apply are
facilities within any emissions control area (see 9 VAC 5-20-206)
identified in any attainment or maintenance plan submitted to the U.S.
Environmental Protection Agency as a revision to the state
implementation plan.

		2. The board may establish case-by-case emission limits and other
requirements as may be necessary to achieve the required emission
reductions via permits, consent orders, or other legally enforceable
means.

		3. Facilities subject to this subsection shall be in compliance with
any limits and other requirements established pursuant to subsection F 2
of this section within the timeframes established in any state plan
revision, permit, or other legally enforceable document.

9 VAC 5-40-7420. Standard for nitrogen oxides (8-hour ozone standard).

	A. No owner or other person shall cause or permit to be discharged from
any affected facility any nitrogen oxides (NOX) emissions in excess of
that resultant from using RACT.

	B. Unless the owner demonstrates otherwise to the satisfaction of the
board, facilities to which the presumptive RACT provisions of 9 VAC
5-40-7430 are applicable shall comply with the provisions of subsection
A of this section by the use of presumptive RACT.

	C. The provisions of this section apply to all facilities that (i) are
within a stationary source in the emissions control areas specified in
Table 4-51E and (ii) are within a stationary source that has a
theoretical potential to emit at the applicable source thresholds
specified in Table 4-51E.

TABLE 4-51E.

NOTIFICATION AND COMPLIANCE DATES FOR FACILITIES

LOCATED IN NOX EMISSIONS CONTROL AREAS

FOR WHICH THERE IS NO PRESUMPTIVE RACT

EMISSIONS CONTROL AREA	SOURCE THRESHOLD	NOTIFICATION DATE	COMPLIANCE
DATE

Northern Virginia	( 100 tpy	March 1, 2007	April 1, 2009

	D. For facilities subject to the provisions of this section and for
which there is no presumptive RACT definition, the owners shall, by the
notification dates specified in Table 4-51E, (i) notify the board of
their applicability status, (ii) commit to making a determination as to
what constitutes RACT for the facilities and (iii) provide a schedule
acceptable to the board for making this determination and for achieving
compliance with the emission standard as expeditiously as possible but
no later than the compliance dates specified in Table 4-51E.

	E. For facilities subject to the provisions of this section and for
which there is a presumptive RACT definition, the owners shall, by the
notification dates specified in Table 4-51F, (i) notify the board of
their applicability status, (ii) commit to accepting the presumptive
RACT emission limits as RACT for the applicable facilities or to
submitting a demonstration as provided in subsection B of this section
and (iii) provide a schedule acceptable to the board for submitting the
demonstration no later than the demonstration dates specified in Table
4-51F, and for achieving compliance with the emission standard as
expeditiously as possible but no later than the compliance dates
specified in Table 4-51F.

TABLE 4-51F.

NOTIFICATION AND COMPLIANCE DATES FOR FACILITIES

LOCATED IN NOX EMISSIONS CONTROL AREAS

FOR WHICH PRESUMPTIVE RACT IS DEFINED

EMISSIONS CONTROL AREA	SOURCE THRESHOLD	NOTIFICATION DATE	DEMONSTRATION
DATE	COMPLIANCE DATE

Northern Virginia	( 100 tpy	March 1, 2007	June 1, 2007	April 1, 2009

	F. Nothing in this article shall exempt any facility subject to the
provisions of 9 VAC 5-40-7390 from being subject to the provisions of
this section.  The board may reevaluate any RACT determination made
under 9 VAC 5-40-7410 and require compliance with a new RACT
determination as necessary to implement this section.

	G. Upon the request of the board, the owner of a facility subject to or
exempt from

the provisions of 9 VAC 5-40-7390 shall provide such information as the
board deems necessary to determine if the facility is subject to this
section.

9 VAC 5-40-7430. Presumptive reasonably available control technology
guidelines for stationary sources of nitrogen oxides.

	A. Unless otherwise approved by the board, this section defines
presumptive RACT for the purposes of compliance with 9 VAC 5-40-7410 A
or 9 VAC 5-20-7420 A for the source types specified here.

	B. Presumptive RACT is defined as follows.

		1. For the source types listed below, RACT is defined as the emission
limits specified below based upon the application of combustion
modification; however, owners may elect to use any alternative control
technology, provided such alternative is capable of achieving the
prescribed emission limits.

			a. The maximum allowable emission rate for NOX from steam generating
units and process heaters is as follows:

TABLE 4-51G.

MAXIMUM ALLOWABLE EMISSION RATES FOR NOX EMISSIONS

FROM STEAM GENERATING UNITS AND PROCESS HEATERS

 (POUNDS PER MILLION BTU HEAT INPUT)

Fuel Type	Firing Method

	Face* and Tangential	Cyclone	Stokers

 Coal – wet bottom	1.0	.55	N/A

 Coal – dry bottom	.38	N/A	0.4

 Oil or Gas or both	.25	.43	N/A

 Gas only	.20	N/A	N/A

* Includes wall, opposed and vertical firing methods

			b. The maximum allowable emission rate for NOX from gas turbines is
as follows:

TABLE 4-51H.

MAXIMUM ALLOWABLE EMISSION RATES FOR NOX EMISSIONS

FROM GAS TURBINES

(PARTS PER MILLION BY DRY VOLUME CORRECTED TO 15% OXYGEN)

≥ .015%.

		2. Any demonstration of compliance with the limits in subdivision B 1
of this section shall be on a daily basis.

		3. The following sources are not required to make demonstration of
RACT as required by 9 VAC 5-40-7410 B or 9 VAC 5-40-7420 B.

			a. Any steam generating unit, process heater or gas turbine with an
annual capacity factor of less than 5.0%, except that three months
following any calendar year during which the capacity factor is 5.0% or
greater, the facility shall be subject to 9 VAC 5-40-7410 A or B, or 9
VAC 5-40 7420 A or B, as applicable, and the owner shall comply with 9
VAC 5-40-7410 D or E, or 9 VAC 5-40-7420 D or E, as applicable, except
the compliance date shall be two years after approval of the schedule by
the board.  Time periods during which a stand-by unit is used to provide
replacement services for a unit being altered to comply with the
provisions of 9 VAC 5-40-7410 A or B, or 9 VAC 5-40-7420 A or B, shall
not be used as the basis for a determination that the stand-by unit
exceeded the annual capacity factor criteria of 5.0%.

			b. Any stationary internal combustion engine with a rated capacity of
less than 450 hp of output power.

			c. Any incinerator with a maximum capacity of less than 50 tons of
waste per day.

			d. Any incinerator or thermal or catalytic oxidizer used exclusively
as air pollution control equipment.

			e. Any generator used solely to supply emergency power to buildings
during periods when normal power supplies are interrupted and during
periods of scheduled maintenance.

9 VAC 5-40-7440. Standard for visible emissions.

	The provisions of Article 1 (9 VAC 5-40-60 et seq.) of this chapter
(Emission Standards for Visible Emissions and Fugitive Dust/Emissions,
Rule 4-1) apply.

9 VAC 5-40-7450. Standard for fugitive dust/emissions.

	The provisions of Article 1 (9 VAC 5-40-60 et seq.) of this chapter
(Emission Standards for Visible Emissions and Fugitive Dust/Emissions,
Rule 4-1) apply.

9 VAC 5-40-7460. Standard for odor.

	The provisions of Article 2 (9 VAC 5-40-130 et seq.) of this chapter
(Emission Standards for Odor, Rule 4-2) apply.

9 VAC 5-40-7470. Standard for toxic pollutants.

	The provisions of Article 4 (9 VAC 5-60-200 et seq.) of 9 VAC 5 Chapter
60 (Emission Standards for Toxic Pollutants, Rule 6-4) apply.

9 VAC 5-40-7480. Compliance.

	The provisions of 9 VAC 5-40-20 (Compliance) apply.

9 VAC 5-40-7490. Test methods and procedures.

	The provisions of 9 VAC 5-40-30 (Emission Testing) apply.

9 VAC 5-40-7500. Monitoring.

	The provisions of 9 VAC 5-40-40 (Monitoring) apply.

9 VAC 5-40-7510. Notification, records and reporting.

	The provisions of 9 VAC 5-40-50 (Notification, Records and Reporting)
apply.

9 VAC 5-40-7520. Registration.

	The provisions of 9 VAC 5-20-160 (Registration) apply.

9 VAC 5-40-7530. Facility and control equipment maintenance or
malfunction.

	The provisions of 9 VAC 5-20-180 (Facility and Control Equipment
Maintenance or Malfunction) apply.

9 VAC 5-40-7540. Permits.

	A permit may be required prior to beginning any of the activities
specified below and the provisions of 9 VAC 5 Chapter 50 (9 VAC 5-50)
and 9 VAC 5 Chapter 80 (9 VAC 5-80) may apply.  Owners contemplating
such action should contact the appropriate regional office for guidance.

	A. Construction of a facility.

	B. Reconstruction (replacement of more than half) of a facility.

	C. Modification (any physical change to equipment) of a facility.

	D. Relocation of a facility.

	E. Reactivation (restart-up) of a facility.

	F. Operation of a
fa楣楬祴മ഍䕔偍䅌䕔屓低剉屁䕒ⵇ剐൏䕒屇䕄屖ぅⴴ
䕒ⵇ䑂⸲佄ൃ䌍剅䥔䥆䅃䥔乏഍䕒啇䅌䥔乏㤠嘠䍁㔠䌠
䅈呐剅㐠ⰰ删噅卉佉⁎ぅഴ佃䍎剅䥎䝎䌍乏剔䱏吠䍅么
䱏䝏⁙䕄䕔䵒义呁佉华഍ऍ⁉散瑲晩⁹桴瑡琠楨⁳敲畧
慬楴湯椠⁳畦汬牴敵湡潣牲捥汴⁹慤整⹤഍

ƒ

„

ì

ð

˜

™

Ê

Ë

~

ë

ì

Æ

Ç

h‚L

愀Ĥ摧᭢û

愀Ĥ摧᭢û

愀Ĥ摧᭢û

愀Ĥ摧᭢û

愀Ĥ摧᭢û؀

Signature:  ___________________________________

Name of Certifying Official:  David K. Paylor

Title:  Director

Agency:  Department of Environmental Quality

Date:  _________________________________________

COMMONWEALTH OF VIRGINIA	PAGE   PAGE  20  of   NUMPAGES  20

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5
CHAPTER 40)