80 FR 29959 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revisions to the Attainment Plans for the Commonwealth of Virginia Portion of the Washington, DC-MD-VA 1990 1-Hour and 1997 8-Hour Ozone Nonattainment Areas and the Maintenance Plan for the Fredericksburg 1997 8-Hour Ozone Maintenance Area To Remove the Stage II Vapor Recovery Program
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 100 (May 26, 2015)
Federal Register Volume 80, Issue 100 (May 26, 2015)
| Page Range | 29959-29964 | |
| FR Document | 2015-12351 |
[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)] [Rules and Regulations] [Pages 29959-29964] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12351] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2014-0422; FRL-9927-90-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revisions to the Attainment Plans for the Commonwealth of Virginia Portion of the Washington, DC-MD-VA 1990 1-Hour and 1997 8- Hour Ozone Nonattainment Areas and the Maintenance Plan for the Fredericksburg 1997 8-Hour Ozone Maintenance Area To Remove the Stage II Vapor Recovery Program AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- [[Page 29960]] SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Commonwealth of Virginia (Virginia) State Implementation Plan (SIP). These revisions remove the Stage II vapor recovery program (Stage II) from the attainment plans for the Virginia portion of the Washington, DC-MD-VA 1990 1-Hour and 1997 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) Nonattainment Areas (Northern Virginia Areas), as well as from the maintenance plan for the Fredericksburg 1997 8-Hour Ozone NAAQS Maintenance Area (Fredericksburg Area) (the three areas are collectively referred to as the Virginia Areas or Areas). These revisions also include an analysis that addresses the impact of the removal of Stage II from subject gasoline dispensing facilities (GDFs) in the Virginia Areas. The analysis submitted by the Commonwealth satisfies the requirements of the Clean Air Act (CAA). EPA is approving these revisions in accordance with the requirements of the CAA. DATES: This rule is effective on July 27, 2015 without further notice, unless EPA receives adverse written comment by June 25, 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-2014-0422 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-2014-0422, 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- 2014-0422. 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. 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 submittal are available at the Virginia Department of Environmental Quality, 629 East Main Street, Richmond, Virginia 23219. FOR FURTHER INFORMATION CONTACT: Asrah Khadr, (215) 814-2071, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On March 18, 2014, Virginia submitted formal revisions to its SIP through the Virginia Department of Environmental Quality (VADEQ). These SIP revisions consist of the removal of Stage II from the attainment and maintenance plans for the Virginia Areas. The SIP revisions also consists of an analysis demonstrating that the removal of Stage II from the Virginia Areas' attainment and maintenance plans will not cause any increase in emissions. This analysis satisfies the requirements of section 110(l) of the CAA because it demonstrates the SIP revision will not interfere with any applicable requirements concerning attainment or reasonable further progress (RFP) of the NAAQS nor interfere with any other CAA applicable requirement. Virginia's analysis shows that the removal of Stage II from these Areas will not worsen air quality nor interfere with attainment or maintenance of the NAAQS in the Areas. The analysis also satisfies the requirements of CAA section 184(b)(2) for comparability of control measures with the emissions reductions from Stage II for the portion of the Areas in the Ozone Transport Region (OTR). Stage II is a means of capturing gasoline vapors displaced during transfer of gasoline from the gasoline dispensing unit to the motor vehicle fuel tank during vehicle refueling at a GDF. Stage II involves the use of special refueling nozzles and coaxial hoses for vapor collection at each gasoline pump at a subject GDF. Gasoline vapors belong to a class of pollutants known as volatile organic compounds (VOCs). These compounds along with nitrogen oxides (NOX ) are precursors to the formation of ozone. Stage II gasoline vapor recovery systems have been a required emission control measure in areas classified as serious, severe, and extreme for the ozone NAAQS. The amendment of the CAA in 1990 required, under CAA section 182(b)(3), Stage II controls for moderate ozone nonattainment areas and Stage II or comparable controls in the OTR. See CAA section 184(a) and (b)(2). However, under section 202(a)(6) of the CAA, the requirements of section 182(b)(3) would no longer apply in moderate ozone nonattainment areas upon EPA promulgation of standards for onboard refueling vapor recovery (ORVR) as part of new motor vehicles' emission control systems, and would no longer apply in serious or above ozone areas after EPA's determination that ORVR technology is in widespread use. ORVR is a mechanism employed by vehicles to re-use the vapors in their gas tanks instead of allowing them to escape. Over time, non-ORVR vehicles continued to be replaced by ORVR-equipped vehicles. On May 16, 2012, EPA determined that ORVR technology is in widespread use throughout the U.S. vehicle fleet and waived the requirement for states to implement Stage II vapor recovery at GDFs in nonattainment areas classified as Serious or above for the ozone NAAQS. In that rulemaking, EPA determined that emission reductions [[Page 29961]] from ORVR-equipped vehicles were essentially equal to and would soon surpass the emission reductions achieved by Stage II alone, and that a state previously required to implement a Stage II vapor recovery program may take appropriate action to remove the measure from its SIP. See 77 FR 28772 (further providing that states could address CAA section 110(l) for removal of Stage II by showing removal would not result in an emissions increase). The Washington, DC-MD-VA 1990 1-Hour Ozone Nonattainment Area was designated as a serious nonattainment area under the 1990 1-Hour Ozone NAAQS. The Washington, DC-MD-VA 1997 8-Hour Ozone NAAQS Nonattainment Area was designated as moderate under the 1997 8-Hour Ozone NAAQS. The Fredericksburg Area for the 1997 8-Hour Ozone NAAQS was designated as a moderate nonattainment area. On December 19, 1997, the District of Columbia, Maryland, and Virginia (the three States) submitted an attainment plan for the Washington, DC-MD-VA 1990 1-Hour Ozone NAAQS Nonattainment Area. On April 17, 2003 (68 FR 19106), EPA conditionally approved the attainment plan. However, on November 13, 2002 (67 FR 68805), EPA reclassified the Area as severe nonattainment. To meet the requirements of the severe classification, the three States submitted an attainment plan on February 24, 2004. On May 13, 2005 (70 FR 25688), this attainment plan was approved. On June 12, 2007, the three States submitted an attainment plan for the Washington, DC-MD-VA 1997 8-Hour Ozone NAAQS Nonattainment Area, which EPA proposed to approve on March 20, 2013 (78 FR 17161). Subsequently on February 28, 2012 (77 FR 11739), EPA published a clean data determination as well as a determination of attainment that the Area met the 1997 8-Hour Ozone NAAQS by its mandated attainment date, which was based on the 2008 to 2010 monitored air quality data. While the clean data determination suspended the requirement to submit certain planning-related SIPs for the Area, including the attainment demonstration, EPA was not precluded from acting on an attainment demonstration submitted for the Area. On April 10, 2015 (80 FR 19206), EPA approved the attainment plan. On September 28, 2005, a redesignation request and maintenance plan for the Fredericksburg Area were submitted by Virginia. On December 23, 2005 (70 FR 76165), EPA approved the Fredericksburg Area redesignation request and maintenance plan. The 1990 1-Hour Ozone NAAQS was revoked on June 15, 2005. However, EPA's implementation rule for the 1997 8-Hour Ozone NAAQS retained the Stage II-related requirements under CAA section 182(b)(3), for certain areas under the 1-Hour Ozone NAAQS (see 40 CFR 51.900(f)). Therefore, the 1997 8-Hour Ozone NAAQS attainment plan for the Washington, DC-MD- VA Area was required to contain provisions for the implementation of Stage II. II. Summary of SIP Revisions and EPA Analysis The March 18, 2014 SIP revision submitted by VADEQ seeks removal of Stage II from the attainment and maintenance plans for the Virginia Areas. The analysis submitted by VADEQ for the SIP revision addresses the effects of removing Stage II from the Virginia Areas. In accordance with section 110(l) of the CAA, the analysis demonstrates that the removal of Stage II from the Virginia Areas will not interfere with the attainment or maintenance of the NAAQS. The analysis also meets the requirements of CAA section 184(b)(2), which the Northern Virginia Area is subject to because it is a part of the OTR. For this analysis, VADEQ followed EPA's August 7, 2012 Guidance on Removing Stage II Gasoline Vapor Control Programs from State Implementation Plans and Assessing Comparable Measures. The guidance document provides a method in which states could provide certain calculations showing that increased emissions from non-ORVR compatible Stage II would eventually negate benefits from the implementation of Stage II. Also, the guidance gives the states flexibility to provide additional or alternate analyses to EPA for consideration. As recommended by the guidance, VADEQ calculated the area-wide (the Virginia Areas) VOC inventory emissions benefits from Stage II. These calculations show the point at which the emissions increases from non- ORVR compatible Stage II would overtake emissions benefits from Stage II. The VOC inventory calculation results from year 2008 to 2020 are provided in Table 1, Stage II Emissions Reductions in the Virginia Areas-Wide VOC Inventory. The results provided in Table 1 demonstrate that in 2013 there would no longer be a VOC emissions benefit from Stage II, or that the emissions benefit is negative, and Virginia removed the Stage II requirement from its regulations on January 1, 2014. VADEQ also provided additional data and analyses demonstrating that Stage II has very little impact on VOC emissions in the Virginia Areas and that modeling indicates that the formation of ozone in the Area is much more dependent on NOX emissions than VOC emissions. EPA finds removal of Stage II from the attainment and maintenance plans will not increase emissions of VOC or increase ozone. EPA also finds removal will not interfere with attainment, maintenance, or RFP for the NAAQS, nor interfere with any other CAA requirement. The SIP revision also addresses CAA section 184(b)(2) comparability requirements. A detailed summary of EPA's review and rationale for proposing to approve these SIP revisions including analysis of CAA sections 110(l) and 184(b)(2) may be found in the Technical Support Document (TSD) prepared in support of this rulemaking action and is available on line at http://www.regulations.gov, Docket number EPA-R03- OAR-2014-0422. Table 1--Stage II Emissions Reductions in the Virginia Areas-Wide VOC Inventory ------------------------------------------------------------------------ Emissions reductions Year (tons per day VOC) ------------------------------------------------------------------------ 2008....................................................... 0.58 2009....................................................... 0.46 2010....................................................... 0.31 2011....................................................... 0.19 2012....................................................... 0.08 2013....................................................... -0.01 2014....................................................... -0.07 2015....................................................... -0.13 2016....................................................... -0.17 2017....................................................... -0.20 2018....................................................... -0.22 2020....................................................... -0.24 ------------------------------------------------------------------------ III. 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 [[Page 29962]] 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. IV. Final Action EPA is approving the revisions submitted by the Commonwealth of Virginia to remove Stage II from the attainment plans for the Northern Virginia Areas and maintenance plan for the Fredericksburg Area. EPA is approving these revisions because it was demonstrated that the removal of the Stage II requirement on January 1, 2014 will not cause any emissions increases that could interfere with the Virginia Areas' attainment or maintenance of the 1990 1-Hour and/or 1997 8-Hour Ozone NAAQS or any other applicable CAA requirement. EPA is also approving these revisions because they meet the requirements of the comparability clause in CAA section 184(b)(2). 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 27, 2015 without further notice unless EPA receives adverse comment by June 25, 2015. 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. 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 (Public Law 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 [[Page 29963]] 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). 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 27, 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 today's 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 removal of Stage II from the Virginia Areas' attainment and maintenance plans 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, Volatile organic compounds. Dated: May 7, 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 VV--Virginia 0 2. In Sec. 52.2420, the table in paragraph (e) is amended by revising the entries for ``1-Hour Ozone Modeled Demonstration of Attainment and Attainment Plan,'' ``8-Hour Ozone Maintenance Plan for the Fredericksburg Area,'' and ``8-hour Ozone Modeled Demonstration of Attainment and Attainment Plan for the 1997 Ozone National Ambient Air Quality Standards'' to read as follows: Sec. 52.2420 Identification of plan. * * * * * (e) * * * EPA-Approved Non-Regulatory and Quasi-Regulatory Material -------------------------------------------------------------------------------------------------------------------------------------------------------- Applicable geographic State Name of non-regulatory SIP revision area submittal date EPA approval date Additional explanation -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * 1-Hour Ozone Modeled Demonstration of Washington 1-hour ozone 8/19/03 5/16/05, 70 FR 25688......... 2005 motor vehicle emissions budgets Attainment and Attainment Plan. nonattainment area. 2/25/04 of 97.4 tons per day (tpy) for VOC and 234.7 tpy of NOX. 3/18/14 5/26/15 [Insert Federal Removal of Stage II vapor recovery Register Citation]. program. See section 52.2428. * * * * * * * 8-Hour Ozone Maintenance Plan for the City of Fredericksburg, 5/4/05 12/23/05, 70 FR 76165. ...................................... Fredericksburg Area. Spotsylvania County, 9/26/11 12/20/12, 77 FR 75386........ Revised 2009 and 2015 motor vehicle and Stafford County. emission budgets for NOX. 3/18/14 5/26/15 [Insert Federal Removal of Stage II vapor recovery Register Citation]. program. See section 52.2428. * * * * * * * 8-hour Ozone Modeled Demonstration of Washington, DC-MD-VA 6/12/07 4/10/15, 80 FR 19206......... 2009 motor vehicle emissions budgets Attainment and Attainment Plan for the 1997 8-Hour Ozone of 66.5 tons per day (tpd) for VOC 1997 Ozone National Ambient Air Nonattainment Area. and 146.1 tpd of NOX. Quality Standards. 3/18/14 5/26/15 [Insert Federal Removal of Stage II vapor recovery Register Citation]. program. See section 52.2428. -------------------------------------------------------------------------------------------------------------------------------------------------------- 0 3. Section 52.2428, is amended by adding paragraph (l) to read as follows: Sec. 52.2428 Control Strategy: Carbon monoxide and ozone. * * * * * (l) As of May 26, 2015, EPA approves the removal of the Stage II vapor recovery program from the attainment [[Page 29964]] plans for the Virginia portion of the Washington DC-MD-VA 1990 1-hour and 1997 8-hour Ozone NAAQS Nonattainment Areas and from the maintenance plan for the Fredericksburg 1997 8-Hour Ozone Maintenance Area. [FR Doc. 2015-12351 Filed 5-22-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations 29959
requirements at 40 CFR 51.300–51.309 Order 13132 (64 FR 43255, August 10, List of Subjects in 40 CFR Part 52
and CAA sections 169A and 169B. All 1999); Environmental protection, Air
general SIP requirements contained in • Is not an economically significant pollution control, Incorporation by
CAA section 110, other provisions of the regulatory action based on health or reference, Intergovernmental relations,
CAA, and our regulations applicable to safety risks subject to Executive Order Nitrogen dioxide, Particulate matter,
this action were also evaluated. The 13045 (62 FR 19885, April 23, 1997); Sulfur oxides.
purpose of this action is to ensure • Is not a significant regulatory action
compliance with these requirements subject to Executive Order 13211 (66 FR Dated: May 8, 2015.
and to provide additional rationale to 28355, May 22, 2001); Debra H. Thomas,
support our conclusions. • Is not subject to requirements of Acting Regional Administrator Region 8.
Section 12(d) of the National 40 CFR part 52 is amended as follows:
IV. Incorporation by Reference Technology Transfer and Advancement
In this rule, the EPA is finalizing Act of 1995 (15 U.S.C. 272 note) because PART 52—APPROVAL AND
regulatory text that includes this action does not involve the use of PROMULGATION OF
incorporation by reference. In measurement or other standards; and IMPLEMENTATION PLANS
accordance with requirements of 1 CFR • Does not provide EPA with the
51.5, the EPA is finalizing the discretionary authority to address, as ■ 1. The authority citation for Part 52
incorporation by reference of Colorado appropriate, disproportionate human continues to read as follows:
revisions to its SIP to address the health or environmental effects, using Authority: 42 U.S.C. 7401 et seq.
requirements of EPA’s regional haze practicable and legally permissible
rule discussed in section III, Final methods, under Executive Order 12898 Subpart G—Colorado
(59 FR 7629, February 16, 1994).
Action, of this preamble. The EPA has
• The SIP is not approved to apply on ■ 2. Section 52.320 is amended by
made, and will continue to make, these
any Indian reservation land or in any revising paragraph (c)(124) introductory
documents generally available other area where EPA or an Indian tribe text to read as follows:
electronically through has demonstrated that a tribe has
www.regulations.gov and/or in hard jurisdiction. In those areas of Indian § 52.320 Identification of plan.
copy at the appropriate EPA office (see country, the rule does not have tribal * * * * *
the ADDRESSES section of this preamble implications and will not impose (c) * * *
for more information). substantial direct costs on tribal (124) On May 25, 2011 the State of
V. Statutory and Executive Order governments or preempt tribal law as Colorado submitted revisions to its State
Reviews specified by Executive Order 13175 (65 Implementation Plan to address the
FR 67249, November 9, 2000). requirements of EPA’s regional haze
Under the Clean Air Act, the The Congressional Review Act, 5 rule. On December 31, 2012, EPA issued
Administrator is required to approve a U.S.C. 801 et seq., as added by the Small a final rule approving this submittal and
SIP submission that complies with the Business Regulatory Enforcement responding to public comments. On
provisions of the Act and applicable Fairness Act of 1996, generally provides May 26, 2015 EPA reissued the final
federal regulations. 42 U.S.C. 7410(k); that before a rule may take effect, the rule with respect to the nitrogen oxides
40 CFR 52.02(a). Thus, in reviewing SIP agency promulgating the rule must (NOX) best available retrofit technology
submissions, EPA’s role is to approve submit a rule report, which includes a (BART) determination for the Comanche
state choices, provided that they meet copy of the rule, to each House of the Generating Station to provide additional
the criteria of the Clean Air Act. Congress and to the Comptroller General responses to public comments.
Accordingly, this action merely of the United States. EPA will submit a * * * * *
approves state law as meeting federal report containing this action and other [FR Doc. 2015–12491 Filed 5–22–15; 8:45 am]
requirements and does not impose required information to the U.S. Senate, BILLING CODE 6560–50–P
additional requirements beyond those the U.S. House of Representatives, and
imposed by state law. For that reason, the Comptroller General of the United
this action: States prior to publication of the rule in ENVIRONMENTAL PROTECTION
• Is not a ‘‘significant regulatory the Federal Register. A major rule AGENCY
action’’ subject to review by the Office cannot take effect until 60 days after it
of Management and Budget under is published in the Federal Register. 40 CFR Part 52
Executive Order 12866 (58 FR 51735, This action is not a ‘‘major rule’’ as [EPA–R03–OAR–2014–0422; FRL–9927–90–
October 4, 1993); defined by 5 U.S.C. 804(2). Region 3]
• Does not impose an information Under section 307(b)(1) of the Clean
collection burden under the provisions Air Act, petitions for judicial review of Approval and Promulgation of Air
of the Paperwork Reduction Act (44 this action must be filed in the United Quality Implementation Plans; Virginia;
U.S.C. 3501 et seq.); States Court of Appeals for the Revisions to the Attainment Plans for
• Is certified as not having a appropriate circuit by July 27, 2015. the Commonwealth of Virginia Portion
significant economic impact on a Filing a petition for reconsideration by of the Washington, DC–MD–VA 1990 1-
substantial number of small entities the Administrator of this final rule does Hour and 1997 8-Hour Ozone
under the Regulatory Flexibility Act (5 not affect the finality of this action for Nonattainment Areas and the
U.S.C. 601 et seq.); the purposes of judicial review nor does Maintenance Plan for the
wreier-aviles on DSK5TPTVN1PROD with RULES
• Does not contain any unfunded it extend the time within which a Fredericksburg 1997 8-Hour Ozone
mandate or significantly or uniquely petition for judicial review may be filed, Maintenance Area To Remove the
affect small governments, as described and shall not postpone the effectiveness Stage II Vapor Recovery Program
in the Unfunded Mandates Reform Act of such rule or action. This action may AGENCY: Environmental Protection
of 1995 (Pub. L. 104–4); not be challenged later in proceedings to Agency (EPA).
• Does not have federalism enforce its requirements. See section
ACTION: Direct final rule.
implications as specified in Executive 307(b)(2).
VerDate Sep<11>2014 14:03 May 22, 2015 Jkt 235001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\26MYR1.SGM 26MYR1](https://thefederalregister.org/doc/80_FR_30059/page/1.svg)
![29962 Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations
violations. Virginia’s Voluntary audit privilege and immunity law can provided that they meet the criteria of
Environmental Assessment Privilege affect only state enforcement and cannot the CAA. Accordingly, this action
Law, Va. Code Sec. 10.1–1198, provides have any impact on Federal merely approves state law as meeting
a privilege that protects from disclosure enforcement authorities, EPA may at Federal requirements and does not
documents and information about the any time invoke its authority under the impose additional requirements beyond
content of those documents that are the CAA, including, for example, sections those imposed by state law. For that
product of a voluntary environmental 113, 167, 205, 211, or 213, to enforce the reason, this action:
assessment. The Privilege Law does not requirements or prohibitions of the state • Is not a ‘‘significant regulatory
extend to documents or information plan, independently of any state action’’ subject to review by the Office
that: (1) Are generated or developed enforcement effort. In addition, citizen of Management and Budget under
before the commencement of a enforcement under section 304 of the Executive Order 12866 (58 FR 51735,
voluntary environmental assessment; (2) CAA is likewise unaffected by this, or October 4, 1993);
are prepared independently of the any, state audit privilege or immunity • does not impose an information
assessment process; (3) demonstrate a law. collection burden under the provisions
clear, imminent and substantial danger of the Paperwork Reduction Act (44
to the public health or environment; or IV. Final Action U.S.C. 3501 et seq.);
(4) are required by law. EPA is approving the revisions • is certified as not having a
On January 12, 1998, the submitted by the Commonwealth of significant economic impact on a
Commonwealth of Virginia Office of the Virginia to remove Stage II from the substantial number of small entities
Attorney General provided a legal attainment plans for the Northern under the Regulatory Flexibility Act (5
opinion that states that the Privilege Virginia Areas and maintenance plan for U.S.C. 601 et seq.);
Law, Va. Code § 10.1–1198, precludes the Fredericksburg Area. EPA is • does not contain any unfunded
granting a privilege to documents and approving these revisions because it was mandate or significantly or uniquely
information ‘‘required by law,’’ demonstrated that the removal of the affect small governments, as described
including documents and information Stage II requirement on January 1, 2014 in the Unfunded Mandates Reform Act
‘‘required by Federal law to maintain will not cause any emissions increases of 1995 (Public Law 104–4);
program delegation, authorization or that could interfere with the Virginia • does not have Federalism
approval,’’ since Virginia must ‘‘enforce Areas’ attainment or maintenance of the implications as specified in Executive
Federally authorized environmental 1990 1-Hour and/or 1997 8-Hour Ozone Order 13132 (64 FR 43255, August 10,
programs in a manner that is no less NAAQS or any other applicable CAA 1999);
stringent than their Federal requirement. EPA is also approving • is not an economically significant
counterparts. . . .’’ The opinion these revisions because they meet the regulatory action based on health or
concludes that ‘‘[r]egarding § 10.1–1198, requirements of the comparability safety risks subject to Executive Order
therefore, documents or other clause in CAA section 184(b)(2). EPA is 13045 (62 FR 19885, April 23, 1997);
information needed for civil or criminal publishing this rule without prior • is not a significant regulatory action
enforcement under one of these proposal because EPA views this as a subject to Executive Order 13211 (66 FR
programs could not be privileged noncontroversial amendment and 28355, May 22, 2001);
because such documents and anticipates no adverse comment. • is not subject to requirements of
information are essential to pursuing However, in the ‘‘Proposed Rules’’ Section 12(d) of the National
enforcement in a manner required by section of today’s Federal Register, EPA Technology Transfer and Advancement
Federal law to maintain program is publishing a separate document that Act of 1995 (15 U.S.C. 272 note) because
delegation, authorization or approval.’’ will serve as the proposal to approve the application of those requirements would
Virginia’s Immunity law, Va. Code Sec. SIP revisions if adverse comments are be inconsistent with the CAA; and
10.1–1199, provides that ‘‘[t]o the extent filed. This rule will be effective on July • does not provide EPA with the
consistent with requirements imposed 27, 2015 without further notice unless discretionary authority to address, as
by Federal law,’’ any person making a EPA receives adverse comment by June appropriate, disproportionate human
voluntary disclosure of information to a 25, 2015. If EPA receives adverse health or environmental effects, using
state agency regarding a violation of an comment, EPA will publish a timely practicable and legally permissible
environmental statute, regulation, withdrawal in the Federal Register methods, under Executive Order 12898
permit, or administrative order is informing the public that the rule will (59 FR 7629, February 16, 1994).
granted immunity from administrative In addition, this rule does not have
not take effect. EPA will address all
or civil penalty. The Attorney General’s tribal implications as specified by
public comments in a subsequent final
January 12, 1998 opinion states that the Executive Order 13175 (65 FR 67249,
rule based on the proposed rule. EPA
quoted language renders this statute November 9, 2000), because the SIP is
will not institute a second comment
inapplicable to enforcement of any not approved to apply in Indian country
period on this action. Any parties
Federally authorized programs, since located in the state, and EPA notes that
interested in commenting must do so at
‘‘no immunity could be afforded from it will not impose substantial direct
this time.
administrative, civil, or criminal costs on tribal governments or preempt
penalties because granting such V. Statutory and Executive Order tribal law.
immunity would not be consistent with Reviews
B. Submission to Congress and the
Federal law, which is one of the criteria
A. General Requirements Comptroller General
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for immunity.’’
Therefore, EPA has determined that Under the CAA, the Administrator is The Congressional Review Act, 5
Virginia’s Privilege and Immunity required to approve a SIP submission U.S.C. 801 et seq., as added by the Small
statutes will not preclude the that complies with the provisions of the Business Regulatory Enforcement
Commonwealth from enforcing its CAA and applicable Federal regulations. Fairness Act of 1996, generally provides
program consistent with the Federal 42 U.S.C. 7410(k); 40 CFR 52.02(a). that before a rule may take effect, the
requirements. In any event, because Thus, in reviewing SIP submissions, agency promulgating the rule must
EPA has also determined that a state EPA’s role is to approve state choices, submit a rule report, which includes a
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![Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations 29963
copy of the rule, to each House of the direct final rule are encouraged to file a PART 52—APPROVAL AND
Congress and to the Comptroller General comment in response to the parallel PROMULGATION OF
of the United States. EPA will submit a notice of proposed rulemaking for this IMPLEMENTATION PLANS
report containing this action and other action published in the proposed rules
required information to the U.S. Senate, section of today’s Federal Register, ■ 1. The authority citation for part 52
the U.S. House of Representatives, and rather than file an immediate petition continues to read as follows:
the Comptroller General of the United for judicial review of this direct final
States prior to publication of the rule in rule, so that EPA can withdraw this Authority: 42 U.S.C. 7401 et seq.
the Federal Register. A major rule direct final rule and address the
cannot take effect until 60 days after it comment in the proposed rulemaking Subpart VV—Virginia
is published in the Federal Register. action.
This action is not a ‘‘major rule’’ as This action approving the removal of ■ 2. In § 52.2420, the table in paragraph
defined by 5 U.S.C. 804(2). Stage II from the Virginia Areas’ (e) is amended by revising the entries
attainment and maintenance plans may for ‘‘1-Hour Ozone Modeled
C. Petitions for Judicial Review
not be challenged later in proceedings to Demonstration of Attainment and
Under section 307(b)(1) of the CAA, enforce its requirements. (See section Attainment Plan,’’ ‘‘8-Hour Ozone
petitions for judicial review of this 307(b)(2).) Maintenance Plan for the
action must be filed in the United States Fredericksburg Area,’’ and ‘‘8-hour
Court of Appeals for the appropriate List of Subjects in 40 CFR Part 52
Ozone Modeled Demonstration of
circuit by July 27, 2015. Filing a petition Environmental protection, Air Attainment and Attainment Plan for the
for reconsideration by the Administrator pollution control, Incorporation by 1997 Ozone National Ambient Air
of this final rule does not affect the reference, Nitrogen dioxide, Ozone, Quality Standards’’ to read as follows:
finality of this action for the purposes of Volatile organic compounds.
judicial review nor does it extend the § 52.2420 Identification of plan.
Dated: May 7, 2015.
time within which a petition for judicial
William C. Early, * * * * *
review may be filed, and shall not
postpone the effectiveness of such rule Acting Regional Administrator, Region III. (e) * * *
or action. Parties with objections to this 40 CFR part 52 is amended as follows:
EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MATERIAL
Applicable State submittal
Name of non-regulatory SIP revision geographic EPA approval date Additional explanation
date
area
* * * * * * *
1-Hour Ozone Modeled Demonstration of At- Washington 1-hour 8/19/03 5/16/05, 70 FR 25688 .......... 2005 motor vehicle
tainment and Attainment Plan. ozone nonattain- 2/25/04 emissions budgets of
ment area. 97.4 tons per day (tpy)
for VOC and 234.7 tpy
of NOX.
3/18/14 5/26/15 [Insert Federal Reg- Removal of Stage II
ister Citation]. vapor recovery pro-
gram. See section
52.2428.
* * * * * * *
8-Hour Ozone Maintenance Plan for the City of Fredericks- 5/4/05 12/23/05, 70 FR 76165.
Fredericksburg Area. burg, Spotsylvania 9/26/11 12/20/12, 77 FR 75386 ........ Revised 2009 and 2015
County, and Staf- motor vehicle emission
ford County. budgets for NOX.
3/18/14 5/26/15 [Insert Federal Reg- Removal of Stage II
ister Citation]. vapor recovery pro-
gram. See section
52.2428.
* * * * * * *
8-hour Ozone Modeled Demonstration of At- Washington, DC– 6/12/07 4/10/15, 80 FR 19206 .......... 2009 motor vehicle
tainment and Attainment Plan for the 1997 MD–VA 1997 8- emissions budgets of
Ozone National Ambient Air Quality Stand- Hour Ozone Non- 66.5 tons per day (tpd)
ards. attainment Area. for VOC and 146.1 tpd
of NOX.
3/18/14 5/26/15 [Insert Federal Reg- Removal of Stage II
ister Citation]. vapor recovery pro-
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gram. See section
52.2428.
■ 3. Section 52.2428, is amended by § 52.2428 Control Strategy: Carbon (l) As of May 26, 2015, EPA approves
adding paragraph (l) to read as follows: monoxide and ozone. the removal of the Stage II vapor
* * * * * recovery program from the attainment
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![29964 Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations
plans for the Virginia portion of the OAR–2015–0192, by one of the index. Although listed in the index,
Washington DC–MD–VA 1990 1-hour following methods: some information is not publicly
and 1997 8-hour Ozone NAAQS 1. www.regulations.gov: Follow the available, e.g., CBI or other information
Nonattainment Areas and from the on-line instructions for submitting whose disclosure is restricted by statute.
maintenance plan for the Fredericksburg comments. Certain other material, such as
1997 8-Hour Ozone Maintenance Area. 2. Email: aburano.douglas@epa.gov. copyrighted material, will be publicly
3. Fax: (312) 408–2279. available only in hard copy. Publicly
[FR Doc. 2015–12351 Filed 5–22–15; 8:45 am]
4. Mail: Douglas Aburano, Chief, available docket materials are available
BILLING CODE 6560–50–P
Attainment Planning and Maintenance either electronically in
Section, Air Programs Branch (AR–18J), www.regulations.gov or in hard copy at
U.S. Environmental Protection Agency, the Environmental Protection Agency,
ENVIRONMENTAL PROTECTION
77 West Jackson Boulevard, Chicago, Region 5, Air and Radiation Division, 77
AGENCY
Illinois 60604. West Jackson Boulevard, Chicago,
40 CFR Part 52 5. Hand Delivery: Douglas Aburano, Illinois 60604. This facility is open from
Chief, Attainment Planning and 8:30 a.m. to 4:30 p.m., Monday through
[EPA–R05–OAR–2015–0192; FRL–9927–96– Maintenance Section, Air Programs
Region–5]
Friday, excluding Federal holidays. We
Branch (AR–18J), U.S. Environmental recommend that you telephone Sarah
Protection Agency, 77 West Jackson Arra, Environmental Scientist, at (312)
Approval of Air Quality Implementation Boulevard, Chicago, Illinois 60604.
Plans; Ohio: Cleveland and Delta; 886–9401 before visiting the Region 5
Such deliveries are only accepted office.
Determination of Attainment for the during the Regional Office normal hours
2008 Lead Standard of operation, and special arrangements FOR FURTHER INFORMATION CONTACT:
should be made for deliveries of boxed Sarah Arra, Environmental Scientist,
AGENCY: Environmental Protection Attainment Planning and Maintenance
Agency (EPA). information. The Regional Office official
hours of business are Monday through Section, Air Programs Branch (AR–18J),
ACTION: Direct final rule. Environmental Protection Agency,
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays. Region 5, 77 West Jackson Boulevard,
SUMMARY: On February 20, 2015, the
Instructions: Direct your comments to Chicago, Illinois 60604, (312) 886–9401,
Ohio Environmental Protection Agency
Docket ID No. EPA–R05–OAR–2015– arra.sarah@epa.gov.
(Ohio EPA) submitted a request to the
0192. EPA’s policy is that all comments SUPPLEMENTARY INFORMATION:
Environmental Protections Agency
(EPA) to make a determination under received will be included in the public Throughout this document whenever
the Clean Air Act (CAA) that the docket without change and may be ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
Cleveland and Delta nonattainment made available online at EPA. This supplementary information
www.regulations.gov, including any section is arranged as follows:
areas have attained the 2008 lead (Pb)
national ambient air quality standard personal information provided, unless I. What action is EPA taking?
(NAAQS or standard). In this action, the comment includes information II. What is the background for this action?
claimed to be Confidential Business III. Application of EPA’s Clean Data Policy to
EPA is determining that the Cleveland
Information (CBI) or other information the 2008 Pb NAAQS
and Delta nonattainment areas (hereafter IV. Do the Cleveland and Delta areas meet the
also referred to as the ‘‘Cleveland area’’, whose disclosure is restricted by statute.
2008 Pb NAAQS?
‘‘Delta area’’ or ‘‘areas’’) have attained Do not submit information that you V. What is the effect of this action?
the 2008 Pb NAAQS. These consider to be CBI or otherwise VI. Statutory and Executive Order Reviews
determinations of attainment are based protected through www.regulations.gov
or email. The www.regulations.gov Web I. What action is EPA taking?
upon complete, quality-assured and
certified ambient air monitoring data for site is an ‘‘anonymous access’’ system, EPA is taking final action to
the 2012–2014 design period showing which means EPA will not know your determine that the Cleveland area and
that the areas have monitored identity or contact information unless Delta area have attained the 2008 Pb
attainment of the 2008 Pb NAAQS. you provide it in the body of your NAAQS. This is based upon complete,
Additionally, as a result of this comment. If you send an email quality-assured and certified ambient air
determination, EPA is suspending the comment directly to EPA without going monitoring data for the 2012–2014
requirements for the areas to submit through www.regulations.gov your email monitoring period showing that the
attainment demonstrations, together address will be automatically captured areas have monitored attainment of the
with reasonably available control and included as part of the comment 2008 Pb NAAQS.
measures (RACM), reasonable further that is placed in the public docket and Further, with this determination of
progress (RFP) plans, contingency made available on the Internet. If you attainment, the requirements for the
measures for failure to meet RFP, and submit an electronic comment, EPA Cleveland and Delta areas to submit
attainment deadlines for as long as the recommends that you include your attainment demonstrations together
areas continue to attain the 2008 Pb name and other contact information in with RACM, RFP plans, and
NAAQS. the body of your comment and with any contingency measures for failure to meet
disk or CD–ROM you submit. If EPA RFP and attainment deadlines are
DATES: This direct final rule will be cannot read your comment due to suspended for as long as the area
effective July 27, 2015, unless EPA technical difficulties and cannot contact continues to attain the 2008 Pb NAAQS.
receives adverse comments by June 25,
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you for clarification, EPA may not be As discussed below, this action is
2015. If adverse comments are received, able to consider your comment. consistent with EPA’s regulations and
EPA will publish a timely withdrawal of Electronic files should avoid the use of with its longstanding interpretation of
the direct final rule in the Federal special characters, any form of subpart 1 of part D of the CAA.
Register informing the public that the encryption, and be free of any defects or If either the Cleveland area or the
rule will not take effect. viruses. Delta area violates the 2008 Pb NAAQS
ADDRESSES: Submit your comments, Docket: All documents in the docket after this action, the basis for the
identified by Docket ID No. EPA–R05– are listed in the www.regulations.gov suspension of these attainment planning
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Document Created: 2018-02-21 10:31:14
Document Modified: 2018-02-21 10:31:14
| 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 27, 2015 without further notice, unless EPA receives adverse written comment by June 25, 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 | Asrah Khadr, (215) 814-2071, or by email at [email protected] | |
| FR Citation | 80 FR 29959 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone and Volatile Organic Compounds |
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