[Federal Register Volume 76, Number 139 (Wednesday, July 20, 2011)]
[Rules and Regulations]
[Pages 43185-43194]
[FR Doc No: 2011-18133]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R03-OAR-2011-0140; FRL- 9434-5 ]

Outer Continental Shelf Air Regulations Consistency Update for
Virginia

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve an update to a
portion of the Outer Continental Shelf (OCS) Air Regulations.
Requirements applying to OCS sources located within 25 miles of a
State's seaward boundary must be updated periodically to maintain
continuity and ensure consistency with the regulations of the
corresponding onshore area (COA), as mandated by the Clean Air Act
Amendments of 1990 (CAA). The specific portion of the OCS air
regulation that is being updated pertains to the requirements for OCS
sources in the Commonwealth of Virginia (Virginia). The intended effect
of approving the OCS requirements for Virginia is to regulate emissions
from

OCS sources in accordance with the requirements onshore.

DATES: This rule is effective on September 19, 2011 without further
notice, unless EPA receives adverse written comment by August 19, 2011.
If adverse comments are received, EPA will publish a timely withdrawal
of the direct final rule in the Federal Register and inform the public
that the rule will not take effect. The incorporation by reference of
certain publications listed in this rule is approved by the Director of
the Federal Register as of September 19, 2011.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0140 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Mail: EPA-R03-OAR-2011-0140, Kathleen Cox, Associate Director,
Office of Permits and Air Toxics, Mailcode 3AP10, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.
    4. Hand Delivery or Courier. At the previously-listed EPA Region
III address. Such deliveries are only accepted during the Docket's
normal hours of operation, and special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2011-0140. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. 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. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Virginia Department of
Environmental Quality, 629 East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Emlyn V[eacute]lez-Rosa, (215) 814-
2038 or by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

    I. Background and Purpose
    II. EPA's Evaluation
    III. Final Action
    IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On September 4, 1992, EPA promulgated 40 CFR part 55, 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. Part 55 applies to all OCS sources offshore of the States except
those located in the Gulf of Mexico west of 87.5 degrees longitude.
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 source 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.
    To comply with this statutory mandate, EPA must incorporate
applicable rules of the COA into 40 CFR part 55 as they exist onshore.
This limits EPA's flexibility in deciding which requirements will be
incorporated into part 55 and prevents EPA from making substantive
changes to the requirements it incorporates. As a result, EPA may be
incorporating rules into part 55 that do not conform to all 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 part 55, even though the same rules may ultimately
be disapproved for inclusion as part of the SIP. Inclusion in the part
55 rule does not imply that a state or local rule meets the
requirements of the CAA for SIP approval, nor does it imply that the
state or local rule will be approved by EPA for inclusion in the SIP.

II. EPA's Evaluation

    In updating 40 CFR part 55, EPA reviewed the state rules for
inclusion in part 55 to ensure that they are rationally related to the
attainment or maintenance of federal or state ambient air quality
standards or 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 applicable to OCS sources. 40 CFR 55.1. EPA has also evaluated
the rules to ensure they are not arbitrary or capricious. 40 CFR
55.12(e). In addition, EPA has excluded administrative or procedural
rules.\1\ In addition, EPA has excluded requirements that regulate
toxics which are not related to the attainment and maintenance of
federal and state ambient air quality standards.
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    \1\ Each COA that has been delegated the authority to implement
and enforce 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 part 55, EPA will use its own
administrative and procedural requirements to implement the
substantive requirements.
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III. Final Action

    EPA is taking direct final action to incorporate the applicable
provisions of the Virginia Administrative Code (VAC) into 40 CFR part
55 as required under section 328(a)(1) of the CAA.
    EPA is publishing this rule without prior proposal because the
Agency views this as a non-controversial amendment and anticipates no
adverse comment. However, in the ``Proposed Rules'' section of today's
Federal Register, EPA is publishing a separate document that will serve
as the proposal to approve this consistency update if adverse comments
are filed. This rule will be effective on September 19, 2011 without
further notice unless EPA

receives adverse comment by August 19, 2011. If EPA receives adverse
comment, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. EPA will
address all public comments in a subsequent final rule based on the
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to establish
requirements to control air pollution from OCS sources located within
25 miles of States' seaward boundary that are the same as onshore air
control requirements. To comply with this statutory mandate, EPA must
incorporate applicable onshore rules into 40 CFR part 55 as they exist
onshore. 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 discretion by EPA. For that
reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     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).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, nor does it impose
substantial direct compliance costs on tribal governments, nor preempt
tribal law.
    Under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501
et seq., 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. Notice of OMB's
approval of EPA Information Collection Request (ICR) No. 1601.07 was
published in the Federal Register on February 17, 2009 (74 FR 7432).
The approval expires January 31, 2012. As EPA previously indicated (73
FR 66037 (November 6, 2008)), the annual public reporting and
recordkeeping burden for collection of information under 40 CFR part 55
is estimated to average 112 hours per response. Burden means the total
time, effort, or financial resources expended by persons to generate,
maintain, retain, or disclose or provide information to or for a
Federal agency. This includes the time needed to review instructions;
develop, acquire, install, and utilize technology and systems for the
purposes of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any previously
applicable instructions and requirements; train personnel to be able to
respond to a collection of information; search data sources; complete
and review the collection of information; and transmit or otherwise
disclose the information.
    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. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9 and are identified on
the form and/or instrument, if applicable. In addition, the table in 40
CFR part 9 of currently approved OMB control numbers for various
regulations lists the regulatory citations for the information
requirements contained in 40 CFR part 55.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 19, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This OCS consistency update action for Virginia may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)

List of Subjects in 40 CFR Part 55

    Environmental protection, Administrative practice and procedure,
Air pollution control, Continental Shelf, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: June 3, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
    For the reasons stated in the preamble, title 40, chapter I of the
Code of Federal Regulations, is amended as follows:

PART 55--[AMENDED]

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

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

0
2. Section 55.14 is amended as follows:

0
a. By adding paragraph (d)(22).
0
b. By revising paragraph (e) introductory text.
0
c. By adding paragraph (e)(22).

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

* * * * *
    (d) * * *
    (22) Virginia.
    (i) 40 CFR part 52, subpart VV.
    (ii) [Reserved].
* * * * *
    (e) State and local requirements. State and local requirements
promulgated by EPA as applicable to OCS sources located within 25 miles
of State's seaward boundaries have been compiled into separate
documents organized by State and local areas of jurisdiction. These
documents, set forth below, are incorporated by reference. This
incorporation by reference was approved by the Director of the Federal
Register Office in accordance with 5 U.S.C. 552 (a) and 40 CFR part 51.
Copies may be inspected at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER> or go to: http://www.archives.gov/federal_register/code _of_federal_regulations/ibr_locations.html.
Copies of rules pertaining to particular States or local areas may be
inspected or obtained from the EPA Docket Center-Public Reading Room,
EPA West Building, Room 3334, 1301 Constitution Avenue, NW.,
Washington, DC 20004 or the appropriate EPA regional offices: U.S. EPA,
Region I (Massachusetts) 5 Post Office Square, Boston, MA 02109-3912;
U.S.EPA, Region III (Delaware and Virginia) 1650 Arch Street,
Philadelphia, PA 19103,<PHONE_NUMBER>; U.S. EPA, Region 4 (Florida and
North Carolina), 61 Forsyth Street, Atlanta, GA 30303; U.S. EPA, Region
9 (California), 75 Hawthorne Street, San Francisco, CA 94105; and U.S.
EPA Region 10 (Alaska), 1200 Sixth Avenue, Seattle, WA 98101. For an
informational listing of the State and local requirements incorporated
into this part, which are applicable to sources of air pollution
located on the OCS, see appendix A to this part.
* * * * *
    (22) Virginia.
    (i) State requirements.
    (A) Outer Continental Shelf Air Regulations Consistency Update for
Virginia, in effect as of March 2, 2011.
    (B) [Reserved].
    (ii) Local requirements.
    (A) [Reserved].
* * * * *

0
3. In Appendix A to part 55, add an entry for Virginia in alphabetical
order 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) State Requirements.
    (1) The following Commonwealth of Virginia requirements are
applicable to OCS Sources, March 2, 2011, 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 02/18/2010)

9VAC5-10-10. General.
9VAC5-10-20. Terms defined.
9VAC5-10-30. Abbreviations.

Chapter 20--General Provisions

(Effective 11/10/2010)

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.
9VAC5-20-201. Urban areas.
9VAC5-20-202. Metropolitan statistical areas.
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 08/18/2010)

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).
9VAC5-30-60. Particulate matter (PM10).
9VAC5-30-65. Particulate matter.
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 07/01/1991)

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 10/04/2006)

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 42--Portable Fuel Container Spillage Control

(Effective 10/04/2006)

9VAC5-40-5700. Applicability.
9VAC5-40-5710. Definitions.
9VAC5-40-5720. Standard for volatile organic compounds.
9VAC5-40-5730. Administrative requirements.
9VAC5-40-5740. Compliance.
9VAC5-40-5750. Compliance schedule.
9VAC5-40-5760. Test methods and procedures.
9VAC5-40-5770. Notification, records and reporting.

Article 44--Hospital/medical/infectious Waste Incinerators

(Effective 07/01/2003)

9VAC5-40-6000. Applicability and designation of affected facility.
9VAC5-40-6010. Definitions.
9VAC5-40-6020. Standard for particulate matter.
9VAC5-40-6030. Standard for carbon monoxide.
9VAC5-40-6040. Standard for dioxins/furans.
9VAC5-40-6050. Standard for hydrogen chloride.
9VAC5-40-6060. Standard for sulfur dioxide.
9VAC5-40-6070. Standard for nitrogen oxides.
9VAC5-40-6080. Standard for lead.
9VAC5-40-6090. Standard for cadmium.
9VAC5-40-6100. Standard for mercury.
9VAC5-40-6110. Standard for visible emissions.
9VAC5-40-6120. Standard for fugitive dust/emissions.
9VAC5-40-6140. Standard for toxic pollutants.
9VAC5-40-6150. HMIWI operator training and qualification.
9VAC5-40-6160. Waste management plans.
9VAC5-40-6170. Inspections.
9VAC5-40-6180. Compliance, emissions testing, and monitoring.
9VAC5-40-6190. Recordkeeping and reporting.
9VAC5-40-6200. Compliance schedules.
9VAC5-40-6210. Registration.
9VAC5-40-6220. Facility and control equipment maintenance or
malfunction.
9VAC5-40-6230. Permits.

Article 45--Commercial/Industrial Solid Waste Incinerators

(Effective 09/10/2003)

9VAC5-40-6250. Applicability and designation of affected facility.
9VAC5-40-6260. Definitions.
9VAC5-40-6270. Standard for particulate matter.
9VAC5-40-6280. Standard for carbon monoxide.
9VAC5-40-6290. Standard for dioxins/furans.
9VAC5-40-6300. Standard for hydrogen chloride.
9VAC5-40-6310. Standard for sulfur dioxide.
9VAC5-40-6320. Standard for nitrogen oxides.
9VAC5-40-6330. Standard for lead.
9VAC5-40-6340. Standard for cadmium.
9VAC5-40-6350. Standard for mercury.
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.
9VAC5-40-6421. Compliance schedule extension.
9VAC5-40-6422. Shutdown and restart.
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.

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 10/04/2006)

9VAC5-40-6970. Applicability and designation of affected facility.
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 01/20/2010)

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.
9VAC5-40-8150. Monitoring.
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 09/01/2006)

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 03/02/2011)

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.

Article 6--Medical waste incinerators

(Effective 06/01/1995)

9VAC5-50-430. Applicability and designation of affected facility.
9VAC5-50-440. Definitions.
9VAC5-50-450. Standard for particulate matter.
9VAC5-50-460. Standard for carbon monoxide.
9VAC5-50-470. Standard for hydrogen chloride.
9VAC5-50-480. Standard for dioxins and furans.
9VAC5-50-490. Standard for visible emissions.
9VAC5-50-500. Standard for fugitive dust/emissions.
9VAC5-50-520. Standard for toxic pollutants.
9VAC5-50-530. Standard for radioactive materials.
9VAC5-50-540. Compliance.
9VAC5-50-550. Test methods and procedures.
9VAC5-50-560. Monitoring.
9VAC5-50-570. Notification, records and reporting.
9VAC5-50-580. Registration.
9VAC5-50-590. Facility and control equipment maintenance or
malfunction.
9VAC5-50-600. Permits.

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 03/02/2011)

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.
9VAC5-60-92. Federal Hazardous Air Pollutant Program.
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 9VAC5-60-140C1.
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 and Public Hearings 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 07/18/2001)

9VAC5-80-310. Applicability.
9VAC5-80-320. Definitions.
9VAC5-80-330. General.
9VAC5-80-340. Annual permit program fee calculation.
9VAC5-80-350. Annual permit program 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 06/24/2009)

9VAC5-80-1100. Applicability.
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.
9VAC5-80-1260. Changes to 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.
9VAC5-80-1320. Permit exemption levels.

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 03/02/2011)

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 03/02/2011)

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 12/01/2004)

9VAC5-80-2250. Applicability.
9VAC5-80-2260. Definitions.
9VAC5-80-2270. General.
9VAC5-80-2280. Permit application fee calculation.
9VAC5-80-2290. Permit application fee payment.
9VAC5-80-2300. Credit for payment of permit application fees.

Chapter 85--Permits for Stationary Sources of Pollutants Subject to
Regulation (Greenhouse Gas Tailoring)

(Effective 01/02/2011)

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 03/18/2009)

Part I--General Provisions

9VAC5-130-10. Applicability.
9VAC5-130-20. Definitions.
9VAC5-130-30. Open burning prohibitions.
9VAC5-130-40. Permissible open burning.
9VAC5-130-50. Forest management and agricultural practices.
9VAC5-130-60. Waivers.

Part II--Local Ordinances

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

Chapter 150--Transportation Conformity

(Effective 01/01/1998)

Part I--General Definitions

9VAC5-150-10. General.
9VAC5-150-20. Terms defined.

Part II--General Provisions

9VAC5-150-30. Applicability.
9VAC5-150-40. Authority of board and DEQ.
9VAC5-150-80. Relationship of state regulations to federal
regulations.

Part III--Criteria and Procedures for Making Conformity Determinations

9VAC5-150-110. Priority.
9VAC5-150-120. Frequency of conformity determinations.
9VAC5-150-130. Consultation.
9VAC5-150-140. Content of transportation plans.
9VAC5-150-150. Relationship of transportation plan and TIP
conformity with the NEPA process.
9VAC5-150-160. Fiscal constraints for transportation plans and TIPs.
9VAC5-150-170. Criteria and procedures for determining conformity of
transportation plans, programs, and projects: General.
9VAC5-150-180. Criteria and procedures: latest planning assumptions.
9VAC5-150-190. Criteria and procedures: latest emissions model.
9VAC5-150-200. Criteria and procedures: consultation.
9VAC5-150-210. Criteria and procedures: timely implementation of
TCMs.
9VAC5-150-220. Criteria and procedures: currently conforming
transportation plan and TIP.
9VAC5-150-230. Criteria and procedures: projects from a plan and
TIP.
9VAC5-150-240. Criteria and procedures: localized CO and
PM10 violations (hot spots).
9VAC5-150-250. Criteria and procedures: compliance with
PM10 control measures.
9VAC5-150-260. Criteria and procedures: motor vehicle emissions
budget (transportation plan).
9VAC5-150-270. Criteria and procedures: motor vehicle emissions
budget (TIP).
9VAC5-150-280. Criteria and procedures: motor vehicle emissions
budget (project not from a plan and TIP).
9VAC5-150-290. Criteria and procedures: localized CO violations (hot
spots) in the interim period.
9VAC5-150-300. Criteria and procedures: interim period reductions in
ozone and CO areas (transportation plan).
9VAC5-150-310. Criteria and procedures: interim period reductions in
ozone and CO areas (TIP).
9VAC5-150-320. Criteria and procedures: interim period reductions
for ozone and CO areas (project not from a plan and TIP).

9VAC5-150-330. Criteria and procedures: interim period reductions
for PM10 and NO2 areas (transportation plan).
9VAC5-150-340. Criteria and procedures: interim period reductions
for PM10 and NO2 areas (TIP).
9VAC5-150-350. Criteria and procedures: interim period reductions
for PM10 and NO2 areas (project not from a
plan and TIP).
9VAC5-150-360. Transition from the interim period to the control
strategy period.
9VAC5-150-370. Requirements for adoption or approval of projects by
recipients of funds designated under Title 23 USC or the Federal
Transit Act.
9VAC5-150-380. Procedures for determining regional transportation-
related emissions.
9VAC5-150-390. Procedures for determining localized CO and
PM10 concentrations (hot-spot analysis).
9VAC5-150-400. Using the motor vehicle emissions budget in the
applicable implementation plan (or implementation plan submission).
9VAC5-150-410. Enforceability of design concept and scope and
project-level mitigation and control measures.
9VAC5-150-420. Exempt projects.
9VAC5-150-430. Projects exempt from regional emissions analyses.
9VAC5-150-440. Special provisions for nonattainment areas which are
not required to demonstrate reasonable further progress and
attainment.
9VAC5-150-450. Review and confirmation of this chapter by board.

Chapter 151--Transportation Conformity

(Effective 03/02/2011)

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 03/02/2011)

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. Conformity analysis.
9VAC5-160-130. Reporting requirements.
9VAC5-160-140. Public participation.
9VAC5-160-150. Frequency of conformity determinations.
9VAC5-160-160. Criteria for determining conformity.
9VAC5-160-170. Procedures for conformity determinations.
9VAC5-160-180. Mitigation of air quality impacts.
9VAC5-160-190. Savings provision.
9VAC5-160-200. Review and confirmation of this chapter by board.

Chapter 500--Exclusionary General Permit for Title V Permit

(Effective 07/01/1997)

Part I--Definitions

9VAC5-500-10. General.
9VAC5-500-20. Terms defined.

Part II--General Provisions

9VAC5-500-30. Purpose.
9VAC5-500-40. Applicability.
9VAC5-500-50. General.
9VAC5-500-60. Existence of permit no defense.
9VAC5-500-70. Circumvention.
9VAC5-500-80. Enforcement of a general permit.

Part III--General permit administrative procedures

9VAC5-500-90. Requirements for department issuance of authority to
operate under the general permit.
9VAC5-500-100. Applications for coverage under the general permit.
9VAC5-500-110. Required application information.
9VAC5-500-120. General permit content.
9VAC5-500-130. Issuance of an authorization to operate under the
general permit.
9VAC5-500-140. Transfer of authorizations to operate under the
general permit.

Part IV--General permit terms and conditions

9VAC5-500-150. Emissions levels and requirements.
9VAC5-500-160. Emissions levels.
9VAC5-500-170. Compliance determination and verification by emission
testing.
9VAC5-500-180. Compliance determination and verification by emission
monitoring.
9VAC5-500-190. Recordkeeping requirements.
9VAC5-500-200. Reporting requirements.
9VAC5-500-210. Compliance certifications.
9VAC5-500-220. Consequences of failure to remain below emissions
levels.
9VAC5-500-230. Enforcement.
9VAC5-500-240. Review and evaluation of regulation.

    (2) [Reserved]
* * * * *
[FR Doc. 2011-18133 Filed 7-19-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Rules and Regulations]
[Pages 33219-33221]
[FR Doc No: 2013-13144]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2013-0156]
RIN 1625-AA08

Special Local Regulations; Swim Across the Potomac, Potomac
River; National Harbor Access Channel, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing special local regulations
during the ``Swim Across the Potomac'' swimming competition, to be held
on the waters of the Potomac River on June 2, 2013. These special local
regulations are necessary to provide for the safety of life on
navigable waters during the event. This action is intended to
temporarily restrict vessel traffic in a portion of the Potomac River
during the event.

DATES: This rule is effective from 7 a.m. until 11 a.m. on June 2,
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0156]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Barbara
Hairston, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On April 8, 2013, we published a notice of proposed rulemaking
(NPRM) entitled ``Special Local Regulations for Marine Events, Potomac
River; National Harbor Access Channel, MD'' in the Federal Register (78
FR 67). We received no comments on the proposed rule. No public meeting
was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Event planners did not provide the
Coast Guard adequate advance notice of the event to allow 30 days after
publication. The Application for Marine Event (Form CG-4423) for this
event was submitted in Homeport for COTP Baltimore on March 7, 2013.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to ensure safety of life on navigable waters of the United
States during the Swim Across the Potomac event.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received no comments in response to the NPRM. No
public meeting was requested and none was held.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    Although this regulation will prevent traffic from transiting
portions of the Potomac River and National Harbor Access Channel during
the event, the effect of this regulation will not be significant due to
the following reasons: (1) The regulated area will be in effect for
only 4 hours; (2) the regulated area has been narrowly tailored to
impose the least impact on general navigation, yet provide the level of
safety deemed necessary; (3) vessel traffic will be able to transit
safely through a portion of the regulated area, but only after the last
participant has cleared that portion of the regulated area and when the
Coast Guard Patrol Commander deems it safe to do so; and (4) the Coast
Guard will provide advance notification of the special local
regulations to the local maritime community by Local Notice to Mariners
and Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
    This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit through, anchor in, or remain within that portion of Potomac
River encompassed within the special local regulations from 7 a.m.
until 11 a.m. on June 2, 2013. For the reasons discussed in the
Regulatory Planning and Review section above, this rule will not have a
significant economic impact on a substantial number of small entities.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L 104-121), we want to assist small entities
in understanding this rule. If the rule would affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves special local regulations issued in
conjunction with a regatta or marine parade. This rule is categorically
excluded from further review under paragraph 34(h) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add a temporary section, Sec.  100.35T05-0156 to read as follows:

Sec.  100.35T05-0156  Special Local Regulations; Swim Across the
Potomac, Potomac River; National Harbor Access Channel, MD.

    (a) Regulated Area. The following regulated area is established as
special local regulations. All coordinates are North American Datum
1983.
    (1) Regulated Area: All water of the Potomac River, from shoreline
to shoreline, bounded to the north by a line drawn that originates at
Jones Point Park, VA at the west shoreline latitude 38[deg]47'35'' N,
longitude 077[deg]02'22'' W, thence east to latitude 38[deg]47'12'' N,
longitude 077[deg]00'58'' W, at east shoreline near National Harbor,
MD. The regulated area is bounded to the south by a line drawn
originating at George Washington Memorial Parkway highway overpass and
Cameron Run, west shoreline latitude 38[deg]47'23'' N, longitude
077[deg]03'03'' W thence east to latitude 38[deg]46'52'' N, longitude
077[deg]01'13'' W, at east shoreline near National Harbor, MD.
    (b) Definitions. (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the U. S. Coast Guard who
has been designated by the Commander, Coast Guard Sector Baltimore.
    (2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Baltimore with a commissioned, warrant,
or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant means all persons and vessels participating in the
Swim Across the Potomac event under the auspices of the Marine Event
Permit issued to the event sponsor and approved by Commander, Coast
Guard Sector Baltimore.
    (c) Special local regulations. (1) The Coast Guard Patrol Commander
may forbid and control the movement of all vessels and persons in the
regulated area. When hailed or signaled by an official patrol vessel, a
vessel or person in the regulated area shall immediately comply with
the directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
    (2) Persons desiring to transit the regulated area must first
obtain authorization from the Captain of the Port Baltimore or his
designated representative. To seek permission to transit the area, the
Captain of the Port Baltimore and his designated representatives can be
contacted at telephone number<PHONE_NUMBER> or on Marine Band Radio,
VHF-FM channel 16 (156.8 MHz). All Coast Guard vessels enforcing this
regulated area can be contacted on marine band radio VHF-FM channel 16
(156.8 MHz).
    (3) The Coast Guard Patrol Commander may terminate the event, or
the operation of any participant in the event, at any time it is deemed
necessary for the protection of life or property.
    (4) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.
    (d) Enforcement period: This section will be enforced from 7 a.m.
until 11 a.m. on June 2, 2013.

    Dated: May 15, 2013.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2013-13144 Filed 6-3-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 45 (Wednesday, March 7, 2018)]
[Rules and Regulations]
[Pages 9685-9688]
[FR Doc No: 2018-04259]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0806; Product Identifier 2017-NM-064-AD; Amendment
39-19216; AD 2018-05-07]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 787-8 and 787-9 airplanes. This AD was prompted by
a flight test report indicating that the crew oxygen masks in the
flight deck did not deploy correctly. This AD requires an inspection at
four locations in the flight deck to determine whether any crew oxygen
mask having a certain part number is installed, and replacement of
affected crew oxygen masks. We are issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective April 11, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 11,
2018.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0806.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0806; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this final rule, the regulatory evaluation, any comments
received, and other information. The address for the

Docket Office (phone:<PHONE_NUMBER>) is Docket Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.

FOR FURTHER INFORMATION CONTACT: Susan L. Monroe, Aerospace Engineer,
Cabin Safety and Environmental Systems Section, Seattle ACO Branch,
FAA, 2200 South 216th St., Des Moines, WA; phone:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all The Boeing Company
Model 787-8 and 787-9 airplanes. The NPRM published in the Federal
Register on August 28, 2017 (82 FR 40735). The NPRM was prompted by a
flight test report indicating that the crew oxygen masks in the flight
deck did not deploy correctly. The NPRM proposed to require an
inspection at four locations in the flight deck to determine whether
any crew oxygen mask having a certain part number is installed, and
replacement of affected crew oxygen masks. We are issuing this AD to
prevent the oxygen mask harness from getting caught in the oronasal
mask or goggles, which may lead to flight crew hypoxia and the loss of
useful consciousness, possibly resulting in loss of control of the
airplane.

Comments

    We gave the public the opportunity to participate in developing
this final rule. The following presents the comments received on the
NPRM and the FAA's response to each comment.

Support

    In addition to the comments described below, Air Line Pilots
Association, International (ALPA) agrees with the intent of the
proposed subject AD, and United Airlines (UAL) provided support for the
NPRM, stating that the proposed changes are clear and easily
understood, with an acceptable compliance time line.

Requests To Change or Delete Parts Installation Prohibition Language

    All Nippon Airways (ANA) and Japan Airlines (JAL) asked that the
prohibition of affected parts, specified in paragraph (h) of the
proposed AD, ``Parts Installation Prohibition,'' apply after 72 months
after the effective date of the AD, instead of ``as of the effective
date of this AD.'' ANA and JAL stated that the supply of spare parts
having part number (P/N) MF40-45-02 is insufficient worldwide.
    UAL asked that paragraph (h) of the proposed AD, ``Parts
Installation Prohibition,'' be deleted in its entirety, and that the
proposed AD simply mandate replacement of all affected masks within 72
months from the effective date of the AD. UAL objected to this
paragraph as written because it would result in the unintended
consequence of restricting operators to replacing the oxygen masks one
at a time, which would allow an intermixing of both MLD20 and MF40
series masks in any of the four locations on any given aircraft. UAL
noted that since these masks are operationally different, intermixing
the masks is not desirable, even with extensive flight crew training on
both mask types. UAL added that in order to mitigate any potential risk
due to pilot confusion with the parts differences, replacing the entire
shipset of masks at once eliminates the potential for error caused by
replacing one mask at a time.
    Boeing asked that paragraph (h) of the proposed AD, ``Parts
Installation Prohibition,'' be changed to read: ``As of the effective
date of this AD, no person may install a crew oxygen mask having P/N
MLD20-626-1, in place of a crew oxygen mask having P/N MF40-45-02, on
any Model 787 series airplane.'' Boeing stated that as noted in the
NPRM, the affected parts are rotable parts, and these parts could
frequently be removed and re-installed on airplanes for a variety of
reasons. Boeing added that allowing the replacement of one oxygen mask
having P/N MLD20-626-1 with another oxygen mask having P/N MLD20-626-1
until accomplishment of the required actions will avoid any unnecessary
disruption caused by replacing rotable parts, such as a crew oxygen
mask having P/N MLD20-626-1 found in unserviceable condition prior to
dispatch or prior to completion of the terminating action steps
required for compliance. Boeing concluded that revising paragraph (h)
of the proposed AD would prevent the proliferation of oxygen masks
having P/N MLD20-626-1, while still allowing operators the flexibility
to replace rotable parts until the terminating action in the proposed
AD has been done.
    We agree to change paragraph (h) of this AD, ``Parts Installation
Prohibition,'' because of the need for dispatch relief. While we
acknowledge all of the commenters' requests and concerns, we have
revised this provision specific to situations when dispatch relief is
warranted. We have revised paragraph (h) of this AD to allow
installation of an affected oxygen mask only when the mask is replacing
another affected mask, and only when the action of replacing the mask
is done as unscheduled maintenance. Unscheduled maintenance is defined
as maintenance that was not planned for or scheduled in advance, such
as changing a defective or unserviceable oxygen mask at dispatch. If a
different (unaffected) mask is already installed, an operator may not
replace it with an affected mask. The supplier has informed us that no
parts availability issues are expected.

Request To Reduce Compliance Time

    ALPA suggested reducing the compliance time from 72 to 36 months.
ALPA stated that 72 months is excessive considering the limited number
of airplanes on the market and the ease of the inspection. ALPA added
that 36 months would be more appropriate.
    We disagree with the commenter's request to reduce the compliance
time. In developing an appropriate compliance time, we considered the
safety implications, parts availability, and normal maintenance
schedules for timely accomplishment of replacement of the oxygen masks.
Further, we arrived at the proposed compliance time with the
manufacturer's concurrence. In consideration of all of these factors,
we have determined that the compliance time, as proposed, represents an
appropriate interval in which the oxygen masks can be replaced in a
timely manner within the fleet, while still maintaining an adequate
level of safety. Operators are permitted to accomplish the requirements
of an AD at a time earlier than the specified compliance time;
therefore, an operator may choose to replace the oxygen masks before
reaching 72 months after the effective date of this AD. If data are
presented that would justify a shorter compliance time, we might
consider further rulemaking on this issue. We have not changed this AD
in this regard.

Request To Clarify Applicability

    ANA asked that we clarify whether the actions in the proposed AD
apply to all airplanes, as specified in paragraph (c) of the proposed
AD, or only to the airplanes identified in paragraph (g) of the
proposed AD. ANA stated that paragraph (g) of the proposed AD would
apply to airplanes with an original certificate of airworthiness or
original export certificate of airworthiness issued on or before the
effective date of this AD. ANA added that it is uncertain of which
actions are required for airplanes not identified in paragraph (g) of
the proposed AD.

    We acknowledge the commenter's concern and agree to clarify.
Paragraph (g) of this AD only applies to the airplanes identified
therein. The ``Parts Installation Prohibition'' specified in paragraph
(h) of this AD applies to all airplanes identified in paragraph (c) of
this AD. In addition, paragraph (h) has been revised, as noted above.
We have not changed this AD in this regard.

Statement Regarding Training for Packing Oxygen Masks

    Zodiac Aerospace Oxygen Systems Division stated that it recommends
that all individuals packing the oxygen masks be properly trained and
checked periodically on procedures. Zodiac offered to provide this
training to all operators. Zodiac stated that proper stowage of all
crew oxygen masks and hoses is essential to ensure that the mask can be
donned within the mandated 5-second period. Zodiac added that
instructions are provided with the masks for every Boeing Model 787-8
and 787-9 airplane. Zodiac concluded that if these instructions are
followed, no equipment change should be required, contrary to what
would be required by the proposed AD.
    We acknowledge the commenter's offer to provide training; however,
the supplier had previously provided mask-packing training to Boeing,
and the masks that failed were packed by trained, certified mask
packers. Given that trained, certified mask packers packed and
installed the oxygen masks that failed, we have determined that
mandating a design change is necessary to effectively mitigate the
unsafe condition. Therefore, we have not changed this AD in this
regard.

Request To Provide Statement of Relief for Airplanes With Unaffected
Masks

    ANA asked that we clarify paragraph (g) of the proposed AD by
stating that if no oxygen mask having P/N MLD20-626-1 is installed at
the four locations, there is no further action.
    We do not agree with the commenter's request. We acknowledge that
if no oxygen mask having P/N MLD20-626-1 is found, no further action is
required by paragraph (g) of this AD. However, operators must still
address the actions specified in paragraph (h) of this AD, ``Parts
Installation Prohibition.'' This AD specifies only those actions
required to address the unsafe condition. Therefore, we have not
changed this AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule with the changes described previously and minor
editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Service Bulletin B787-81205-SB350007-00, Issue
001, dated May 9, 2017. The service information describes procedures
for replacing the crew oxygen masks at four locations in the flight
deck. This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 57 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
             Action                   Labor cost                  Parts cost                    Cost per product              Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection.....................  1 work-hour x $85     $0.............................  $85............................  $4,845.
                                  per hour = $85.
Replacement....................  Up to 4 work-hours x  Up to $36,800..................  Up to $37,140..................  Up to $2,116,980.
                                  $85 per hour = $340.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2018-05-07 The Boeing Company: Amendment 39-19216; Docket No. FAA-
2017-0806; Product Identifier 2017-NM-064-AD.

(a) Effective Date

    This AD is effective April 11, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 787-8 and 787-9
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Unsafe Condition

    This AD was prompted by a flight test report indicating that the
crew oxygen masks in the flight deck did not deploy correctly. We
are issuing this AD to prevent the oxygen mask harness from getting
caught in the oronasal mask or goggles, which may lead to flight
crew hypoxia and the loss of useful consciousness, possibly
resulting in loss of control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Oxygen Mask Inspection and Replacement

    For airplanes with an original certificate of airworthiness or
original export certificate of airworthiness issued on or before the
effective date of this AD: Within 72 months after the effective date
of this AD, do an inspection to determine whether any crew oxygen
mask having part number (P/N) MLD20-626-1 is installed at the four
locations identified in Boeing Service Bulletin B787-81205-SB350007-
00, Issue 001, dated May 9, 2017. A review of airplane maintenance
records is acceptable in lieu of this inspection if the part number
of the crew oxygen mask can be conclusively determined from that
review. If any crew oxygen mask having P/N MLD20-626-1 is found
installed, within 72 months after the effective date of this AD, do
all applicable actions identified as ``RC'' (required for
compliance) in, and in accordance with, the Accomplishment
Instructions of Boeing Service Bulletin B787-81205-SB350007-00,
Issue 001, dated May 9, 2017.

(h) Parts Installation Prohibition

    (1) For airplanes with an original certificate of airworthiness
or original export certificate of airworthiness issued on or before
the effective date of this AD: As of the effective date of this AD,
no person may install a crew oxygen mask having P/N MLD20-626-1 on
any airplane, except as provided in this paragraph. Within 72 months
after the effective date of this AD, installation of a crew oxygen
mask having P/N MLD20-626-1 is acceptable when the action of
replacing the mask is done as unscheduled maintenance, and as a
replacement only for another crew oxygen mask having P/N MLD20-626-
1. For the purposes of this AD, unscheduled maintenance is defined
as maintenance that was not planned for or scheduled in advance,
such as changing a defective or unserviceable oxygen mask at
dispatch.
    (2) For airplanes with an original certificate of airworthiness
or original export certificate of airworthiness issued after the
effective date of this AD: As of the effective date of this AD, no
person may install a crew oxygen mask having P/N MLD20-626-1 on any
airplane.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (j) of this AD. Information may be
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO Branch, to make those findings. To be approved,
the repair method, modification deviation, or alteration deviation
must meet the certification basis of the airplane, and the approval
must specifically refer to this AD.
    (4) For service information that contains steps that are labeled
as RC, the provisions of paragraphs (i)(4)(i) and (i)(4)(ii) of this
AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(j) Related Information

    For more information about this AD, contact Susan L. Monroe,
Aerospace Engineer, Cabin Safety and Environmental Systems Section,
Seattle ACO Branch, FAA, 2200 South 216th St., Des Moines, WA;
phone:<PHONE_NUMBER>; email: [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Service Bulletin B787-81205-SB350007-00, Issue 001,
dated May 9, 2017.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 22, 2018.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2018-04259 Filed 3-6-18; 8:45 am]
 BILLING CODE 4910-13-P