80 FR 27255 - Approval and Promulgation of Air Quality Implementation Plans; District of Columbia, Maryland, and Virginia; 2011 Base Year Emissions Inventories for the Washington DC-MD-VA Nonattainment Area for the 2008 Ozone National Ambient Air Quality Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 92 (May 13, 2015)
Federal Register Volume 80, Issue 92 (May 13, 2015)
| Page Range | 27255-27259 | |
| FR Document | 2015-11562 |
[Federal Register Volume 80, Number 92 (Wednesday, May 13, 2015)] [Rules and Regulations] [Pages 27255-27259] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-11562] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2014-0759; FRL-9927-70-Region 3] Approval and Promulgation of Air Quality Implementation Plans; District of Columbia, Maryland, and Virginia; 2011 Base Year Emissions Inventories for the Washington DC-MD-VA Nonattainment Area for the 2008 Ozone National Ambient Air Quality Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve the 2011 base year emissions inventories submitted by the District of Columbia, State of Maryland, and Commonwealth of Virginia (collectively, the States) for the 2008 8-hour ozone national ambient air quality standard (NAAQS). The emissions inventories were submitted to meet nonattainment requirements related to the Washington, DC-MD-VA nonattainment area (the DC Area or Area) for the 2008 8-hour ozone NAAQS. EPA is approving the 2011 base year emissions inventory for the 2008 8-hour ozone NAAQS for the DC Area in accordance with the requirements of the Clean Air Act (CAA). DATES: This rule is effective on July 13, 2015 without further notice, unless EPA receives adverse written comment by June 12, 2015. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID Number EPA- R03-OAR-2014-0759 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. Email: [email protected]. C. Mail: EPA-R03-OAR-2014-0759, Cristina Fernandez, Associate Director, Office of Air Program Planning, Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: 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- 2014-0759. EPA's policy is that all comments received will be included in the public docket without change, and may be made available online at 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. [[Page 27256]] Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The 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 email comment directly to EPA without going through www.regulations.gov, your email 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 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 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 submittals are available at the District of Columbia Department of the Environment, Air Quality Division, 1200 1st Street NE., 5th floor, Washington, DC 20002; the Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230; and the Virginia Department of Environmental Quality, 629 East Main Street, Richmond, Virginia 23219. FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background II. Summary of SIP Revision III. Final Action IV. General Information Pertaining to SIP Submittals From the Commonwealth of Virginia V. Statutory and Executive Order Reviews I. Background Ground-level ozone is formed when nitrogen oxides (NOX ) and volatile organic compounds (VOC) react in the presence of sunlight. Referred to as ozone precursors, these two pollutants are emitted by many types of pollution sources, including on- and off-road motor vehicles and engines, power plants and industrial facilities, and area- wide sources, such as consumer products and lawn and garden equipment. Scientific evidence indicates that adverse public health effects occur following a person's exposure to ozone, particularly children and adults with lung disease. Breathing air containing ozone can reduce lung function and inflame airways, which can increase respiratory symptoms and aggravate asthma or other lung diseases. As a consequence of this scientific evidence, EPA promulgated the 0.12 part per million (ppm) 1-hour ozone National Ambient Air Quality Standard. See 44 FR 8202 (February 8, 1979). On July 18, 1997 (62 FR 38855), EPA promulgated a revised ozone NAAQS of 0.08 ppm, averaged over eight hours. This standard was determined to be more protective of public health than the previous 1979 1-hour ozone standard. On April 30, 2004 (69 FR 23858), EPA designated areas as attaining or not attaining the 1997 8-hour ozone NAAQS and classified the DC Area as a moderate nonattainment area with an applicable attainment date of June 15, 2010. EPA approved the States' submittals pertaining to reasonable further progress (RFP), RFP contingency measures, and Reasonably Available Control Measures (RACM), along with the Washington Area's 2002 base year inventory and 2008 transportation conformity motor vehicle emissions budgets (MVEBs) on September 20, 2011 (76 FR 58116). On February 28, 2012 (77 FR 11739), EPA determined that the DC Area had attained by its applicable attainment date. Subsequently, EPA revised the 8-hour ozone NAAQS from 0.08 to 0.075 ppm. See 73 FR 16436 (March 27, 2008). On May 21, 2012 (77 FR 30088), the DC Area was designated marginal for the more stringent 8-hour ozone standard. As a marginal nonattainment area, the DC Area is required under section 172(c)(3) of the CAA to submit a comprehensive, accurate, and current inventory of actual emissions from all sources of the relevant pollutant or pollutants in the Area. II. Summary of SIP Revision On July 17, 2014, the District of Columbia Department of the Environment (DDOE) and the Virginia Department of Environmental Quality (VADEQ) submitted their 2011 base year inventories, and on August 4, 2014, the Maryland Department of the Environment (MDE) submitted its base year inventory. The 2011 base year inventories include emissions estimates that cover the general source categories of stationary point sources, stationary nonpoint sources, nonroad mobile sources and onroad mobile sources. The pollutants that comprise the inventory are NOX and VOCs. The CAA section 172(c)(3) emissions inventory is developed by the incorporation of data from multiple sources. States were required to develop and submit to EPA a triennial emissions inventory according to the Consolidated Emissions Reporting Rule (CERR) for all source categories (i.e., point, nonpoint, nonroad mobile, and on-road mobile). The States developed the point source emissions inventory using actual emissions directly reported by electric generating unit (EGU) and non- EGU sources in the Area. For nonpoint source emissions, emissions were estimated by multiplying an emission factor by a known indicator of activity for each source category in the county (or county-equivalent). Nonroad mobile source emissions were determined using the EPA's NONROAD2008 model. Onroad mobile source emissions were developed using the EPA's highway mobile source emissions model MOVES 2010a. More information regarding the review of the base year inventory can be found in the technical support document (TSD) that is located in the docket for this rulemaking action. III. Final Action Pursuant to section 172(c) of the CAA, EPA is approving the 2011 base year emissions inventories submitted by the District of Columbia, Maryland, and Virginia for the 2008 8-hour ozone NAAQS as revisions to the States' respective SIPs. EPA is publishing this rule without prior proposal because EPA views this as a noncontroversial amendment and anticipates no adverse comment. However, in the ``Proposed Rules'' section of today's Federal Register, EPA is publishing a separate document that will serve as the proposal to approve the SIP revisions if adverse comments are filed. This rule will be effective on July 13, 2015 without further notice unless EPA receives adverse comment by June 12, 2015. If EPA receives adverse comment, EPA [[Page 27257]] 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. General Information Pertaining to SIP Submittals From the Commonwealth of Virginia In 1995, Virginia adopted legislation that provides, subject to certain conditions, for an environmental assessment (audit) ``privilege'' for voluntary compliance evaluations performed by a regulated entity. The legislation further addresses the relative burden of proof for parties either asserting the privilege or seeking disclosure of documents for which the privilege is claimed. Virginia's legislation also provides, subject to certain conditions, for a penalty waiver for violations of environmental laws when a regulated entity discovers such violations pursuant to a voluntary compliance evaluation and voluntarily discloses such violations to the Commonwealth and takes prompt and appropriate measures to remedy the violations. Virginia's Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1- 1198, provides a privilege that protects from disclosure documents and information about the content of those documents that are the product of a voluntary environmental assessment. The Privilege Law does not extend to documents or information that: (1) Are generated or developed before the commencement of a voluntary environmental assessment; (2) are prepared independently of the assessment process; (3) demonstrate a clear, imminent and substantial danger to the public health or environment; or (4) are required by law. On January 12, 1998, the Commonwealth of Virginia Office of the Attorney General provided a legal opinion that states that the Privilege Law, Va. Code Sec. 10.1-1198, precludes granting a privilege to documents and information ``required by law,'' including documents and information ``required by Federal law to maintain program delegation, authorization or approval,'' since Virginia must ``enforce Federally authorized environmental programs in a manner that is no less stringent than their Federal counterparts. . . .'' The opinion concludes that ``[r]egarding Sec. 10.1-1198, therefore, documents or other information needed for civil or criminal enforcement under one of these programs could not be privileged because such documents and information are essential to pursuing enforcement in a manner required by Federal law to maintain program delegation, authorization or approval.'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent consistent with requirements imposed by Federal law,'' any person making a voluntary disclosure of information to a state agency regarding a violation of an environmental statute, regulation, permit, or administrative order is granted immunity from administrative or civil penalty. The Attorney General's January 12, 1998 opinion states that the quoted language renders this statute inapplicable to enforcement of any Federally authorized programs, since ``no immunity could be afforded from administrative, civil, or criminal penalties because granting such immunity would not be consistent with Federal law, which is one of the criteria for immunity.'' Therefore, EPA has determined that Virginia's Privilege and Immunity statutes will not preclude the Commonwealth from enforcing its program consistent with the Federal requirements. In any event, because EPA has also determined that a state audit privilege and immunity law can affect only state enforcement and cannot have any impact on Federal enforcement authorities, EPA may at any time invoke its authority under the CAA, including, for example, sections 113, 167, 205, 211 or 213, to enforce the requirements or prohibitions of the state plan, independently of any state enforcement effort. In addition, citizen enforcement under section 304 of the CAA is likewise unaffected by this, or any, state audit privilege or immunity law. V. Statutory and Executive Order Reviews A. General Requirements Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. 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); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this 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 [[Page 27258]] is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by July 13, 2015. 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of this Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking action. This action approving the 2011 emissions inventories for the states that comprise the Washington, DC Nonattainment Area for the 2008 ozone NAAQS may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: May 4, 2015. William C. Early, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart J--District of Columbia 0 2. In Sec. 52.470, the table in paragraph (e) is amended by adding an entry at the end of the table to read as follows: Sec. 52.470 Identification of plan. * * * * * (e) * * * ---------------------------------------------------------------------------------------------------------------- Name of non-regulatory SIP Applicable geographic State submittal Additional revision area date EPA approval date explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 2011 Base Year Emissions District of Columbia 7/17/14 5/13/15 [Insert Sec. 52.474(f). Inventory for the 2008 8-hour portion of the Federal Register ozone standard. Washington, DC-MD-VA citation]. 2008 ozone nonattainment area. ---------------------------------------------------------------------------------------------------------------- 0 3. Section 52.474 is amended by adding paragraph (f) to read as follows: Sec. 52.474 Base Year Emissions Inventory. * * * * * (f) EPA approves as a revision to the District of Columbia State Implementation Plan the 2011 base year emissions inventory for the District of Columbia portion of the Washington, DC-MD-VA 2008 8-hour ozone nonattainment area submitted by the District Department of the Environment on July 17, 2014. The 2011 base year emissions inventory includes emissions estimates that cover the general source categories of point sources, non-road mobile sources, area sources, on-road mobile sources, and biogenic sources. The pollutants that comprise the inventory are nitrogen oxides (NO X ) and volatile organic compounds (VOC). Subpart V--Maryland 0 4. In Sec. 52.1070, the table in paragraph (e) is amended by adding an entry at the end of the table to read as follows: Sec. 52.1070 Identification of plan. * * * * * (e) * * * ---------------------------------------------------------------------------------------------------------------- Name of non-regulatory SIP Applicable geographic State submittal Additional revision area date EPA approval date explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 2011 Base Year Emissions Maryland portion of 8/4/14 5/13/15 [Insert Sec. 52.1075(o). Inventory for the 2008 8-hour the Washington, DC-MD- Federal Register Ozone standard. VA 2008 ozone citation]. nonattainment area. ---------------------------------------------------------------------------------------------------------------- 0 5. Section 52.1075 is amended by adding paragraph (o) to read as follows: Sec. 52.1075 Base year emissions inventory. * * * * * (o) EPA approves as a revision to the Maryland State Implementation Plan the 2011 base year emissions inventory for the Maryland portion of the Washington, DC-MD-VA 2008 8-hour ozone nonattainment area submitted by the Maryland Department of Environment on August 4, 2014. The 2011 base year emissions inventory includes emissions estimates that cover the general source categories of point sources, non-road mobile sources, area sources, on-road mobile sources, and biogenic sources. The pollutants that comprise the inventory are nitrogen oxides (NOX ) and volatile organic compounds (VOC). Subpart VV--Virginia 0 6. In Sec. 52.2420, the table in paragraph (e) is amended by adding an entry at the end of the table to read as follows: Sec. 52.2420 Identification of plan. * * * * * (e) * * * [[Page 27259]] ---------------------------------------------------------------------------------------------------------------- Name of non-regulatory SIP Applicable geographic State submittal Additional revision area date EPA approval date explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 2011 Base Year Emissions Virginia portion of 7/17/14 5/13/15 [Insert Sec. 52.2425(g) Inventory for the 2008 8-hour the Washington, DC-MD- Federal Register ozone standard. VA 2008 ozone citation]. nonattainment area. ---------------------------------------------------------------------------------------------------------------- 0 7. Section 52.2425 is amended by adding paragraph (g) to read as follows: Sec. 52.2425 Base Year Emissions Inventory. * * * * * (g) EPA approves as a revision to the Virginia State Implementation Plan the 2011 base year emissions inventory for the Virginia portion of the Washington, DC-MD-VA 2008 8-hour ozone nonattainment area submitted by the Virginia Department of Environmental Quality on July 17, 2014. The 2011 base year emissions inventory includes emissions estimates that cover the general source categories of point sources, non-road mobile sources, area sources, on-road mobile sources, and biogenic sources. The pollutants that comprise the inventory are nitrogen oxides (NOX ) and volatile organic compounds (VOC). [FR Doc. 2015-11562 Filed 5-12-15; 8:45 am] BILLING CODE 6560-50-P
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EPA APPROVED REGULATIONS IN THE TEXAS SIP
State
State citation Title/subject approval/ EPA approval date Explanation
submittal date
* * * * * * *
Chapter 115 (Reg 5)—Control of Air Pollution From Volatile Organic Compounds
* * * * * * *
Subchapter F—Miscellaneous Industrial Sources
* * * * * * *
Division 3: Degassing of Storage Tanks, Transport Vessels, and Marine Vessels
Section 115.540 ............. Applicability and Definitions ................................ 1/26/2011 5/13/15 [Insert Federal
Register citation].
Section 115.541 ............. Emission Specifications ...................................... 1/26/2011 5/13/15 [Insert Federal
Register citation].
Section 115.542 ............. Control Requirements ......................................... 1/26/2011 5/13/15 [Insert Federal
Register citation].
Section 115.543 ............. Alternate control Requirements .......................... 1/26/2011 5/13/15 [Insert Federal
Register citation].
Section 115.544 ............. Inspection, Monitoring, and Testing Require- 1/26/2011 5/13/15 [Insert Federal
ments. Register citation].
Section 115.545 ............. Approved Test Methods ..................................... 1/26/2011 5/13/15 [Insert Federal
Register citation].
Section 115.546 ............. Recordkeeping and Notification Requirements .. 1/26/2011 5/13/15 [Insert Federal
Register citation].
Section 115.547 ............. Exemptions ......................................................... 1/26/2011 5/13/15 [Insert Federal
Register citation].
Section 115.549 ............. Compliance Schedules ....................................... 1/26/2011 5/13/15 [Insert Federal
Register citation].
* * * * * * *
* * * * * and Commonwealth of Virginia A. www.regulations.gov. Follow the
[FR Doc. 2015–11451 Filed 5–12–15; 8:45 am] (collectively, the States) for the 2008 8- on-line instructions for submitting
BILLING CODE 6560–50–P hour ozone national ambient air quality comments.
standard (NAAQS). The emissions B. Email: fernandez.cristina@epa.gov.
inventories were submitted to meet C. Mail: EPA–R03–OAR–2014–0759,
ENVIRONMENTAL PROTECTION nonattainment requirements related to Cristina Fernandez, Associate Director,
AGENCY the Washington, DC-MD-VA Office of Air Program Planning,
40 CFR Part 52 nonattainment area (the DC Area or Mailcode 3AP30, U.S. Environmental
Area) for the 2008 8-hour ozone Protection Agency, Region III, 1650
[EPA–R03–OAR–2014–0759; FRL–9927–70– NAAQS. EPA is approving the 2011 Arch Street, Philadelphia, Pennsylvania
Region 3] base year emissions inventory for the 19103.
2008 8-hour ozone NAAQS for the DC D. Hand Delivery: At the previously-
Approval and Promulgation of Air
Area in accordance with the listed EPA Region III address. Such
Quality Implementation Plans; District
requirements of the Clean Air Act deliveries are only accepted during the
of Columbia, Maryland, and Virginia;
(CAA). Docket’s normal hours of operation, and
2011 Base Year Emissions Inventories
special arrangements should be made
for the Washington DC-MD-VA
DATES: This rule is effective on July 13, for deliveries of boxed information.
Nonattainment Area for the 2008
2015 without further notice, unless EPA Instructions: Direct your comments to
Ozone National Ambient Air Quality
receives adverse written comment by Docket ID No. EPA–R03–OAR–2014–
Standard
June 12, 2015. If EPA receives such 0759. EPA’s policy is that all comments
AGENCY: Environmental Protection comments, it will publish a timely received will be included in the public
asabaliauskas on DSK5VPTVN1PROD with RULES
Agency (EPA). withdrawal of the direct final rule in the docket without change, and may be
ACTION: Direct final rule. Federal Register and inform the public made available online at
that the rule will not take effect. www.regulations.gov, including any
SUMMARY: The Environmental Protection personal information provided, unless
Agency (EPA) is taking direct final ADDRESSES: Submit your comments, the comment includes information
action to approve the 2011 base year identified by Docket ID Number EPA– claimed to be Confidential Business
emissions inventories submitted by the R03–OAR–2014–0759 by one of the Information (CBI) or other information
District of Columbia, State of Maryland, following methods: whose disclosure is restricted by statute.
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will publish a timely withdrawal in the programs could not be privileged Executive Order 12866 (58 FR 51735,
Federal Register informing the public because such documents and October 4, 1993);
that the rule will not take effect. EPA information are essential to pursuing • does not impose an information
will address all public comments in a enforcement in a manner required by collection burden under the provisions
subsequent final rule based on the Federal law to maintain program of the Paperwork Reduction Act (44
proposed rule. EPA will not institute a delegation, authorization or approval.’’ U.S.C. 3501 et seq.);
second comment period on this action. Virginia’s Immunity law, Va. Code Sec. • is certified as not having a
Any parties interested in commenting 10.1–1199, provides that ‘‘[t]o the extent significant economic impact on a
must do so at this time. consistent with requirements imposed substantial number of small entities
by Federal law,’’ any person making a under the Regulatory Flexibility Act (5
IV. General Information Pertaining to
voluntary disclosure of information to a U.S.C. 601 et seq.);
SIP Submittals From the • does not contain any unfunded
Commonwealth of Virginia state agency regarding a violation of an
environmental statute, regulation, mandate or significantly or uniquely
In 1995, Virginia adopted legislation permit, or administrative order is affect small governments, as described
that provides, subject to certain granted immunity from administrative in the Unfunded Mandates Reform Act
conditions, for an environmental or civil penalty. The Attorney General’s of 1995 (Pub. L. 104–4);
assessment (audit) ‘‘privilege’’ for January 12, 1998 opinion states that the • does not have Federalism
voluntary compliance evaluations quoted language renders this statute implications as specified in Executive
performed by a regulated entity. The inapplicable to enforcement of any Order 13132 (64 FR 43255, August 10,
legislation further addresses the relative Federally authorized programs, since 1999);
burden of proof for parties either ‘‘no immunity could be afforded from • is not an economically significant
asserting the privilege or seeking administrative, civil, or criminal regulatory action based on health or
disclosure of documents for which the penalties because granting such safety risks subject to Executive Order
privilege is claimed. Virginia’s immunity would not be consistent with 13045 (62 FR 19885, April 23, 1997);
legislation also provides, subject to Federal law, which is one of the criteria • is not a significant regulatory action
certain conditions, for a penalty waiver for immunity.’’ subject to Executive Order 13211 (66 FR
for violations of environmental laws Therefore, EPA has determined that 28355, May 22, 2001);
when a regulated entity discovers such Virginia’s Privilege and Immunity • is not subject to requirements of
violations pursuant to a voluntary statutes will not preclude the Section 12(d) of the National
compliance evaluation and voluntarily Commonwealth from enforcing its Technology Transfer and Advancement
discloses such violations to the program consistent with the Federal Act of 1995 (15 U.S.C. 272 note) because
Commonwealth and takes prompt and requirements. In any event, because application of those requirements would
appropriate measures to remedy the EPA has also determined that a state be inconsistent with the CAA; and
violations. Virginia’s Voluntary • does not provide EPA with the
audit privilege and immunity law can
Environmental Assessment Privilege discretionary authority to address, as
affect only state enforcement and cannot
Law, Va. Code Sec. 10.1–1198, provides appropriate, disproportionate human
have any impact on Federal
a privilege that protects from disclosure health or environmental effects, using
enforcement authorities, EPA may at
documents and information about the practicable and legally permissible
any time invoke its authority under the
content of those documents that are the methods, under Executive Order 12898
CAA, including, for example, sections
product of a voluntary environmental (59 FR 7629, February 16, 1994).
113, 167, 205, 211 or 213, to enforce the In addition, this rule does not have
assessment. The Privilege Law does not
requirements or prohibitions of the state tribal implications as specified by
extend to documents or information
plan, independently of any state Executive Order 13175 (65 FR 67249,
that: (1) Are generated or developed
enforcement effort. In addition, citizen November 9, 2000), because the SIP is
before the commencement of a
enforcement under section 304 of the not approved to apply in Indian country
voluntary environmental assessment; (2)
CAA is likewise unaffected by this, or located in the state, and EPA notes that
are prepared independently of the
assessment process; (3) demonstrate a any, state audit privilege or immunity it will not impose substantial direct
clear, imminent and substantial danger law. costs on tribal governments or preempt
to the public health or environment; or V. Statutory and Executive Order tribal law.
(4) are required by law. Reviews
On January 12, 1998, the B. Submission to Congress and the
Commonwealth of Virginia Office of the A. General Requirements Comptroller General
Attorney General provided a legal Under the CAA, the Administrator is The Congressional Review Act, 5
opinion that states that the Privilege required to approve a SIP submission U.S.C. 801 et seq., as added by the Small
Law, Va. Code Sec. 10.1–1198, that complies with the provisions of the Business Regulatory Enforcement
precludes granting a privilege to CAA and applicable Federal regulations. Fairness Act of 1996, generally provides
documents and information ‘‘required 42 U.S.C. 7410(k); 40 CFR 52.02(a). that before a rule may take effect, the
by law,’’ including documents and Thus, in reviewing SIP submissions, agency promulgating the rule must
information ‘‘required by Federal law to EPA’s role is to approve state choices, submit a rule report, which includes a
maintain program delegation, provided that they meet the criteria of copy of the rule, to each House of the
authorization or approval,’’ since the CAA. Accordingly, this action Congress and to the Comptroller General
asabaliauskas on DSK5VPTVN1PROD with RULES
Virginia must ‘‘enforce Federally merely approves state law as meeting of the United States. EPA will submit a
authorized environmental programs in a Federal requirements and does not report containing this action and other
manner that is no less stringent than impose additional requirements beyond required information to the U.S. Senate,
their Federal counterparts. . . .’’ The those imposed by state law. For that the U.S. House of Representatives, and
opinion concludes that ‘‘[r]egarding reason, this action: the Comptroller General of the United
§ 10.1–1198, therefore, documents or • Is not a ‘‘significant regulatory States prior to publication of the rule in
other information needed for civil or action’’ subject to review by the Office the Federal Register. A major rule
criminal enforcement under one of these of Management and Budget under cannot take effect until 60 days after it
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![27258 Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Rules and Regulations
is published in the Federal Register. section of this Federal Register, rather Dated: May 4, 2015.
This action is not a ‘‘major rule’’ as than file an immediate petition for William C. Early,
defined by 5 U.S.C. 804(2). judicial review of this direct final rule, Acting Regional Administrator, Region III.
C. Petitions for Judicial Review so that EPA can withdraw this direct 40 CFR part 52 is amended as follows:
final rule and address the comment in
Under section 307(b)(1) of the CAA, the proposed rulemaking action. This PART 52—APPROVAL AND
petitions for judicial review of this action approving the 2011 emissions PROMULGATION OF
action must be filed in the United States inventories for the states that comprise IMPLEMENTATION PLANS
Court of Appeals for the appropriate the Washington, DC Nonattainment
circuit by July 13, 2015. Filing a petition ■ 1. The authority citation for part 52
Area for the 2008 ozone NAAQS may
for reconsideration by the Administrator continues to read as follows:
not be challenged later in proceedings to
of this final rule does not affect the
enforce its requirements. (See section Authority: 42 U.S.C. 7401 et seq.
finality of this action for the purposes of
307(b)(2).)
judicial review nor does it extend the Subpart J—District of Columbia
time within which a petition for judicial List of Subjects in 40 CFR Part 52
review may be filed, and shall not ■ 2. In § 52.470, the table in paragraph
postpone the effectiveness of such rule Environmental protection, Air (e) is amended by adding an entry at the
or action. Parties with objections to this pollution control, Incorporation by end of the table to read as follows:
direct final rule are encouraged to file a reference, Nitrogen dioxide, Ozone,
comment in response to the parallel Reporting and recordkeeping § 52.470 Identification of plan.
notice of proposed rulemaking for this requirements, Volatile organic * * * * *
action published in the proposed rules compounds. (e) * * *
State submittal Additional
Name of non-regulatory SIP revision Applicable geographic area EPA approval date
date explanation
* * * * * * *
2011 Base Year Emissions Inventory for District of Columbia portion of the Wash- 7/17/14 5/13/15 [Insert Fed- § 52.474(f).
the 2008 8-hour ozone standard. ington, DC-MD-VA 2008 ozone non- eral Register cita-
attainment area. tion].
■ 3. Section 52.474 is amended by nonattainment area submitted by the Subpart V—Maryland
adding paragraph (f) to read as follows: District Department of the Environment
on July 17, 2014. The 2011 base year ■ 4. In § 52.1070, the table in paragraph
§ 52.474 Base Year Emissions Inventory. emissions inventory includes emissions (e) is amended by adding an entry at the
* * * * * estimates that cover the general source end of the table to read as follows:
(f) EPA approves as a revision to the categories of point sources, non-road
District of Columbia State mobile sources, area sources, on-road § 52.1070 Identification of plan.
Implementation Plan the 2011 base year mobile sources, and biogenic sources. * * * * *
emissions inventory for the District of The pollutants that comprise the
Columbia portion of the Washington, inventory are nitrogen oxides (NOX) and (e) * * *
DC-MD-VA 2008 8-hour ozone volatile organic compounds (VOC).
State submittal Additional
Name of non-regulatory SIP revision Applicable geographic area EPA approval date
date explanation
* * * * * * *
2011 Base Year Emissions Inventory for Maryland portion of the Washington, DC- 8/4/14 5/13/15 [Insert Fed- § 52.1075(o).
the 2008 8-hour Ozone standard. MD-VA 2008 ozone nonattainment area. eral Register cita-
tion].
■ 5. Section 52.1075 is amended by the Maryland Department of Subpart VV—Virginia
adding paragraph (o) to read as follows: Environment on August 4, 2014. The
2011 base year emissions inventory ■ 6. In § 52.2420, the table in paragraph
§ 52.1075 Base year emissions inventory. includes emissions estimates that cover (e) is amended by adding an entry at the
* * * * * the general source categories of point end of the table to read as follows:
(o) EPA approves as a revision to the sources, non-road mobile sources, area
Maryland State Implementation Plan the sources, on-road mobile sources, and § 52.2420 Identification of plan.
asabaliauskas on DSK5VPTVN1PROD with RULES
2011 base year emissions inventory for biogenic sources. The pollutants that * * * * *
the Maryland portion of the comprise the inventory are nitrogen
Washington, DC-MD-VA 2008 8-hour oxides (NOX) and volatile organic (e) * * *
ozone nonattainment area submitted by compounds (VOC).
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![Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Rules and Regulations 27259
State submittal Additional
Name of non-regulatory SIP revision Applicable geographic area EPA approval date
date explanation
* * * * * * *
2011 Base Year Emissions Inventory for Virginia portion of the Washington, DC- 7/17/14 5/13/15 [Insert Fed- § 52.2425(g)
the 2008 8-hour ozone standard. MD-VA 2008 ozone nonattainment area. eral Register cita-
tion].
■ 7. Section 52.2425 is amended by type of rental vehicles travelers must B. Analysis of Public Comments
adding paragraph (g) to read as follows: use, pre-paid refueling options, and Comment: One respondent expressed
other rental car surcharges. Finally, this concern that changing the term
§ 52.2425 Base Year Emissions Inventory. rule makes certain miscellaneous ‘‘government-furnished automobile’’ to
* * * * * corrections, where applicable. ‘‘government-owned automobile (GOA)’’
(g) EPA approves as a revision to the
DATES: Effective Date: May 13, 2015. would generate uncertainty as to how
Virginia State Implementation Plan the
travelers should account for vehicles
2011 base year emissions inventory for FOR FURTHER INFORMATION CONTACT: For
leased by the Federal Government.
the Virginia portion of the Washington, clarification of content, contact Mr. Cy Response: GSA agreed with these
DC-MD-VA 2008 8-hour ozone Greenidge, Program Analyst, Office of concerns and will amend the FTR to
nonattainment area submitted by the Government-wide Policy, at 202–219– more consistently use the term
Virginia Department of Environmental 2349. Contact the Regulatory Secretariat ‘‘government-furnished automobile.’’
Quality on July 17, 2014. The 2011 base (MVCB), 1800 F Street NW., GSA is amending the current definition,
year emissions inventory includes Washington, DC 20405, 202–501–4755, however, as it pertains to use of the term
emissions estimates that cover the for information pertaining to status or ‘‘GSA Fleet’’ and the 120-day rental
general source categories of point publication schedules. Please cite FTR period to be consistent with the Federal
sources, non-road mobile sources, area Amendment 2015–03; FTR case 2014– Management Regulation.
sources, on-road mobile sources, and 302. Comment: One respondent stated that
biogenic sources. The pollutants that requiring a medical professional to
SUPPLEMENTARY INFORMATION:
comprise the inventory are nitrogen recommend a suitable vehicle class is
oxides (NOX) and volatile organic A. Background not feasible, since busy or indifferent
compounds (VOC). medical authorities will merely sign
GSA published a proposed rule in the
[FR Doc. 2015–11562 Filed 5–12–15; 8:45 am]
Federal Register on October 20, 2014 statements prepared by travelers.
BILLING CODE 6560–50–P
(79 FR 62588). That rule proposed Response: We agreed that requiring a
amending the FTR to require that medical professional to recommend a
agencies have an internal policy for suitable vehicle class is not feasible, and
GENERAL SERVICES determining when to authorize a POV, therefore, have removed this language
ADMINISTRATION as opposed to a rental car, in from the final rule.
Comment: One respondent
conjunction with TDY. Additionally,
41 CFR Parts 300–3, 301–10, and 301– recommended an additional exception
the rule proposed to amend the FTR to
70 (§ 301–10.450(c)(6)) permitting the use
state that travelers who have been
of a non-compact car for safety reasons
[FTR Amendment 2015–03, FTR Case 2014– authorized by their agencies to travel via
due to severe weather or terrain.
302; Docket 2014–0014, Sequence 1] common carrier or rental car, and Response: We agreed with this
choose to use a POV instead, would be recommendation and have added this
RIN 3090–AJ48 reimbursed at the applicable POV language to the final rule.
mileage rate up to the constructive cost Comment: One respondent stated that
Federal Travel Regulation; of the authorized mode of transportation
Enhancement of Privately Owned requiring an annual written statement
plus per diem. Further, the rule from a medical authority (§ 301–
Vehicle and Rental Vehicle Policy proposed amending the FTR to state that 10.450(c)(1)(i)) is unduly complex and
AGENCY: Office of Government-wide travelers who are authorized to use a contrary to existing law and regulation.
Policy (OGP), General Services rental car in conjunction with TDY must Response: Since the requirement for
Administration (GSA). use the least expensive compact car an annual written statement from a
ACTION: Final rule.
available; addressed reimbursement medical authority is stipulated in § 301–
pertaining to pre-paid refueling options 10.123(a)(2) when requesting the use of
SUMMARY: GSA is amending the Federal for rental cars; denied reimbursement of other than coach class accommodations,
Travel Regulation (FTR) by requiring surcharges involved when rental car we believe this same requirement
agencies to have an internal policy for companies purchase miles from airlines should apply when requesting the use of
determining whether to authorize a and provide those miles to their vehicle other than a compact car. Proposed
privately owned vehicle (POV), as customers; and proposed to amend the language will not change.
opposed to a rental car, in conjunction FTR to make certain miscellaneous Comment: One respondent stated that
asabaliauskas on DSK5VPTVN1PROD with RULES
with temporary duty travel (TDY). corrections, where applicable. changing travel policy to not reimburse
Further, this rule specifies that travelers, The public had 60 calendar days to fees associated with rental car loyalty
who have been authorized to travel via comment on the proposed rule. GSA points will increase the chance of
common carrier or rental car, and received a total of seven comments from improper payments for such small
choose to use a POV instead, will be three commenters, and made changes to dollar amounts and will slow down the
reimbursed at the applicable POV the substance of this final rule, although voucher review process. The respondent
mileage rate. Additionally, this rule changes are not considered to be recommended changing rental car
adds specific provisions addressing the significant. agreements to prohibit charging such
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Document Created: 2015-12-16 07:47:14
Document Modified: 2015-12-16 07:47:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective on July 13, 2015 without further notice, unless EPA receives adverse written comment by June 12, 2015. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Marilyn Powers, (215) 814-2308, or by email at [email protected] | |
| FR Citation | 80 FR 27255 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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