80 FR 48730 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Movement of the Northern Virginia Area From Virginia's Nonattainment Area List to its Maintenance Area List
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 157 (August 14, 2015)
Federal Register Volume 80, Issue 157 (August 14, 2015)
| Page Range | 48730-48733 | |
| FR Document | 2015-20023 |
[Federal Register Volume 80, Number 157 (Friday, August 14, 2015)] [Rules and Regulations] [Pages 48730-48733] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20023] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2015-0454; FRL-9932-35-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Movement of the Northern Virginia Area From Virginia's Nonattainment Area List to its Maintenance Area List AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Virginia State Implementation Plan (SIP). The revisions move the localities (Counties of Arlington, Fairfax, Loudon, and Prince William; Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park) of Northern Virginia from Virginia's list of nonattainment areas to its list of maintenance areas for fine particulate matter (PM2.5 ). EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA). DATES: This rule is effective on October 13, 2015 without further notice, unless EPA receives adverse written comment by September 14, 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-2015-0454 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. Email: fernandez.cristina@epa.gov. C. Mail: EPA-R03-OAR-2015-0454, Cristina Fernandez, Associate Director, Office of Air Program Planning, Air Protection Division, Mail code 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- 2015-0454. 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: Maria A. Pino, (215) 814-2181, or by email at pino.maria@epa.gov. SUPPLEMENTARY INFORMATION: I. Background Particle pollution, or particulate matter, is a mixture of solid particles and liquid droplets found in the air. Particle pollution includes ``inhalable coarse particles,'' with diameters larger than 2.5 micrometers and smaller than 10 micrometers and ``fine particles,'' with diameters that are 2.5 micrometers and smaller. Due to their small size, these particles often contribute to adverse health effects. EPA is required to set National Ambient Air Quality Standards (NAAQS) under the authority of the CAA, for the purpose of controlling particle pollution. The first NAAQS for PM2.5 were established on July 16, 1997 (62 FR 38652). EPA promulgated an annual standard at a level of 15 micrograms per cubic meter ([mu]g/m\3\), based on a three- year average of annual mean PM2.5 concentrations (the 1997 annual PM2.5 standard). In the same rulemaking action, EPA promulgated a 24-hour standard of 65 [mu]g/m\3\, based on a three-year average of the 98th percentile of 24-hour concentrations. EPA published air quality area designations for the 1997 PM2.5 standards on January 5, 2005. In its rulemaking action, EPA designated the Washington, DC-MD-VA Area as nonattainment for the 1997 annual PM2.5 standard. The Washington, DC-MD-VA area (Washington Area) is composed of the District of Columbia; Arlington, Fairfax, Loudoun, and Prince William Counties and the cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park in Virginia (the Northern Virginia area); and Charles, Frederick, Montgomery, [[Page 48731]] and Prince George's Counties in Maryland. The District of Columbia Department of the Environment (DDOE), the Maryland Department of the Environment (MDE), and the Virginia Department of Environmental Quality (VADEQ), (collectively, the States), collaborated to develop redesignation requests and maintenance plans for the Washington Area for the 1997 annual PM2.5 NAAQS. EPA received the 1997 annual PM2.5 redesignation requests and maintenance plans for the Washington Area from DDOE on June 3, 2013, from MDE on July 10, 2013, and from VADEQ on June 3, 2013. The Washington Area maintenance plan included motor vehicle emissions budgets (MVEBs) for PM2.5 and nitrogen oxides (NOX ) for the Washington Area for the 1997 annual PM2.5 standard, which EPA approved for transportation conformity purposes. The emissions inventories included in the Washington Area maintenance plans were subsequently supplemented by the States to provide for emissions estimates of volatile organic compounds (VOC) and ammonia. The supplemental inventories were submitted to EPA on July 22, 2013 by DDOE, on July 26, 2013 by MDE, and on July 17, 2013 by VADEQ. On October 6, 2014 (79 FR 60081), the EPA approved the States' redesignation requests and maintenance plans for the Washington Area, including Northern Virginia, for the 1997 annual PM2.5 standard. Therefore, the designation of the Northern Virginia area, as part of the Washington Area, was changed from nonattainment to attainment. Subsequently, Virginia changed its lists of areas in nonattainment and maintenance within its regulations, located in 9 VAC5 Chapter 20, to reflect EPA's redesignation of the Washington Area. II. Summary of SIP Revision On June 1, 2015, the Commonwealth of Virginia submitted a formal revision to its SIP. The SIP revision consists of a regulatory change that moves the Northern Virginia area (Counties of Arlington, Fairfax, Loudoun, and Prince William; Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park), which was part of the Washington Area, from the list of nonattainment areas found in regulation 9 VAC 5- 20-204 to the list of maintenance areas found in regulation 9 VAC 5-20- 203. 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 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 proposed regulatory amendment which moves the localities in Northern Virginia (Counties of Arlington, Fairfax, Loudoun, and Prince William; Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park) from the list of nonattainment areas found in regulation 9 VAC 5-20-204 to the list of maintenance areas found in regulation 9 VAC 5-20-203. EPA finds this revision to the SIP is in accordance with CAA requirements, including sections 107 and 110 of the CAA. 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 revision if adverse comments are filed. This rule will be effective on October 13, 2015 without further notice unless EPA receives adverse comment by September 14, 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 [[Page 48732]] second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. V. Incorporation by Reference In this rulemaking action, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of changes to 9 VAC5 Chapter 20, specifically 9VAC5-20-203 and 9VAC5-20-204, described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (See the ADDRESSES section of this preamble for more information). VI. 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 revision applies to Northern Virginia and does not apply in Indian country, 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 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 October 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 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, which moves the localities in Northern Virginia within the Washington Area (Counties of Arlington, Fairfax, Loudoun, and Prince William; Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park) from the list of nonattainment areas found in regulation 9 VAC 5-20-204 to the list of maintenance areas found in regulation 9 VAC 5-20-203, 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, Intergovernmental relations, Particulate matter. Dated: August 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 VV--Virginia 0 2. In Sec. 52.2420, the table in paragraph (c) is amended by revising the entries for Sections 5-20-203 and 5-20-204. The revised text reads as follows: Sec. 52.2420 Identification of plan. * * * * * (c) * * * [[Page 48733]] EPA-Approved Virginia Regulations and Statutes ---------------------------------------------------------------------------------------------------------------- State State citation Title/Subject effective EPA Approval date Explanation [former SIP date citation] ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- 9 VAC 5, Chapter 20............. General Provisions ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Part II......................... Air Quality Programs ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- 5-20-203........................ Air Quality 3/11/15 8/14/15 [Insert List of maintenance Maintenance. Federal Register areas revised to Areas.............. Citation]. include Northern Virginia localities for fine particulate matter (PM2.5). 5-20-204........................ Nonattainment Areas 3/11/15 8/14/15 [Insert List of nonattainment Federal Register areas revised to Citation]. exclude Northern Virginia localities for fine particulate matter (PM2.5). ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-20023 Filed 8-13-15; 8:45 am] BILLING CODE 6560-50-P
![48730 Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Rules and Regulations
EPA-APPROVED IOWA NONREGULATORY PROVISIONS—Continued
Name of nonregulatory Applicable geographic or State submittal EPA Approval Explanation
SIP provision nonattainment area date date
(39) Regional Haze plan for the Statewide .................................. 3/25/08 6/26/12, 77 FR 38007 [EPA–R07–OAR–2012–0153,
first implementation period. FRL–9688–1] § 52.842(a);
Limited Approval.
[FR Doc. 2015–19588 Filed 8–13–15; 8:45 am] Region III, 1650 Arch Street, materials are available either
BILLING CODE 6560–50–P Philadelphia, Pennsylvania 19103. electronically in www.regulations.gov or
D. Hand Delivery: At the previously- in hard copy during normal business
listed EPA Region III address. Such hours at the Air Protection Division,
ENVIRONMENTAL PROTECTION deliveries are only accepted during the U.S. Environmental Protection Agency,
AGENCY Docket’s normal hours of operation, and Region III, 1650 Arch Street,
special arrangements should be made Philadelphia, Pennsylvania 19103.
40 CFR Part 52 for deliveries of boxed information. Copies of the State submittal are
Instructions: Direct your comments to available at the Virginia Department of
[EPA–R03–OAR–2015–0454; FRL–9932–35- Docket ID No. EPA–R03–OAR–2015– Environmental Quality, 629 East Main
Region 3] 0454. EPA’s policy is that all comments Street, Richmond, Virginia 23219.
received will be included in the public FOR FURTHER INFORMATION CONTACT:
Approval and Promulgation of Air docket without change, and may be
Quality Implementation Plans; Virginia; Maria A. Pino, (215) 814–2181, or by
made available online at email at pino.maria@epa.gov.
Movement of the Northern Virginia www.regulations.gov, including any
Area From Virginia’s Nonattainment SUPPLEMENTARY INFORMATION:
personal information provided, unless
Area List to its Maintenance Area List the comment includes information I. Background
AGENCY: Environmental Protection claimed to be Confidential Business Particle pollution, or particulate
Agency (EPA). Information (CBI) or other information matter, is a mixture of solid particles
whose disclosure is restricted by statute. and liquid droplets found in the air.
ACTION: Direct final rule.
Do not submit information that you Particle pollution includes ‘‘inhalable
SUMMARY: The Environmental Protection consider to be CBI, or otherwise coarse particles,’’ with diameters larger
Agency (EPA) is taking direct final protected, through www.regulations.gov than 2.5 micrometers and smaller than
action to approve revisions to the or email. The www.regulations.gov Web 10 micrometers and ‘‘fine particles,’’
Virginia State Implementation Plan site is an ‘‘anonymous access’’ system, with diameters that are 2.5 micrometers
(SIP). The revisions move the localities which means EPA will not know your and smaller. Due to their small size,
(Counties of Arlington, Fairfax, Loudon, identity or contact information unless these particles often contribute to
and Prince William; Cities of you provide it in the body of your adverse health effects. EPA is required
Alexandria, Fairfax, Falls Church, comment. If you send an email to set National Ambient Air Quality
Manassas, and Manassas Park) of comment directly to EPA without going Standards (NAAQS) under the authority
Northern Virginia from Virginia’s list of through www.regulations.gov, your of the CAA, for the purpose of
nonattainment areas to its list of email address will be automatically controlling particle pollution. The first
maintenance areas for fine particulate captured and included as part of the NAAQS for PM2.5 were established on
matter (PM2.5). EPA is approving these comment that is placed in the public July 16, 1997 (62 FR 38652). EPA
revisions in accordance with the docket and made available on the promulgated an annual standard at a
requirements of the Clean Air Act Internet. If you submit an electronic level of 15 micrograms per cubic meter
(CAA). comment, EPA recommends that you (mg/m3), based on a three-year average of
include your name and other contact annual mean PM2.5 concentrations (the
DATES: This rule is effective on October information in the body of your 1997 annual PM2.5 standard). In the
13, 2015 without further notice, unless comment and with any disk or CD–ROM same rulemaking action, EPA
EPA receives adverse written comment you submit. If EPA cannot read your promulgated a 24-hour standard of 65
by September 14, 2015. If EPA receives comment due to technical difficulties mg/m3, based on a three-year average of
such comments, it will publish a timely and cannot contact you for clarification, the 98th percentile of 24-hour
withdrawal of the direct final rule in the EPA may not be able to consider your concentrations.
Federal Register and inform the public comment. Electronic files should avoid EPA published air quality area
that the rule will not take effect. the use of special characters, any form designations for the 1997 PM2.5
ADDRESSES: Submit your comments, of encryption, and be free of any defects standards on January 5, 2005. In its
identified by Docket ID Number EPA– or viruses. rulemaking action, EPA designated the
R03–OAR–2015–0454 by one of the Docket: All documents in the Washington, DC–MD–VA Area as
following methods: electronic docket are listed in the nonattainment for the 1997 annual
A. www.regulations.gov. Follow the www.regulations.gov index. Although PM2.5 standard. The Washington, DC–
on-line instructions for submitting listed in the index, some information is MD–VA area (Washington Area) is
comments. not publicly available, i.e., CBI or other composed of the District of Columbia;
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B. Email: fernandez.cristina@epa.gov. information whose disclosure is Arlington, Fairfax, Loudoun, and Prince
C. Mail: EPA–R03–OAR–2015–0454, restricted by statute. Certain other William Counties and the cities of
Cristina Fernandez, Associate Director, material, such as copyrighted material, Alexandria, Fairfax, Falls Church,
Office of Air Program Planning, Air is not placed on the Internet and will be Manassas, and Manassas Park in
Protection Division, Mail code 3AP30, publicly available only in hard copy Virginia (the Northern Virginia area);
U.S. Environmental Protection Agency, form. Publicly available docket and Charles, Frederick, Montgomery,
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and Prince George’s Counties in conditions, for an environmental granted immunity from administrative
Maryland. assessment (audit) ‘‘privilege’’ for or civil penalty. The Attorney General’s
The District of Columbia Department voluntary compliance evaluations January 12, 1998 opinion states that the
of the Environment (DDOE), the performed by a regulated entity. The quoted language renders this statute
Maryland Department of the legislation further addresses the relative inapplicable to enforcement of any
Environment (MDE), and the Virginia burden of proof for parties either Federally authorized programs, since
Department of Environmental Quality asserting the privilege or seeking ‘‘no immunity could be afforded from
(VADEQ), (collectively, the States), disclosure of documents for which the administrative, civil, or criminal
collaborated to develop redesignation privilege is claimed. Virginia’s penalties because granting such
requests and maintenance plans for the legislation also provides, subject to immunity would not be consistent with
Washington Area for the 1997 annual certain conditions, for a penalty waiver Federal law, which is one of the criteria
PM2.5 NAAQS. EPA received the 1997 for violations of environmental laws for immunity.’’
annual PM2.5 redesignation requests and when a regulated entity discovers such Therefore, EPA has determined that
maintenance plans for the Washington violations pursuant to a voluntary Virginia’s Privilege and Immunity
Area from DDOE on June 3, 2013, from compliance evaluation and voluntarily statutes will not preclude the
MDE on July 10, 2013, and from VADEQ discloses such violations to the Commonwealth from enforcing its
on June 3, 2013. The Washington Area Commonwealth and takes prompt and program consistent with the Federal
maintenance plan included motor appropriate measures to remedy the requirements. In any event, because
vehicle emissions budgets (MVEBs) for violations. Virginia’s Voluntary EPA has also determined that a state
PM2.5 and nitrogen oxides (NOX) for the Environmental Assessment Privilege audit privilege and immunity law can
Washington Area for the 1997 annual Law, Va. Code Sec. 10.1–1198, provides affect only state enforcement and cannot
PM2.5 standard, which EPA approved for a privilege that protects from disclosure have any impact on Federal
transportation conformity purposes. The documents and information about the enforcement authorities, EPA may at
emissions inventories included in the content of those documents that are the any time invoke its authority under the
Washington Area maintenance plans product of a voluntary environmental CAA, including, for example, sections
were subsequently supplemented by the assessment. The Privilege Law does not 113, 167, 205, 211 or 213, to enforce the
States to provide for emissions estimates extend to documents or information requirements or prohibitions of the state
of volatile organic compounds (VOC) that: (1) Are generated or developed plan, independently of any state
and ammonia. The supplemental before the commencement of a enforcement effort. In addition, citizen
inventories were submitted to EPA on voluntary environmental assessment; (2) enforcement under section 304 of the
July 22, 2013 by DDOE, on July 26, 2013 are prepared independently of the CAA is likewise unaffected by this, or
by MDE, and on July 17, 2013 by assessment process; (3) demonstrate a any, state audit privilege or immunity
VADEQ. clear, imminent and substantial danger law.
On October 6, 2014 (79 FR 60081), the to the public health or environment; or IV. Final Action
EPA approved the States’ redesignation (4) are required by law.
requests and maintenance plans for the EPA is approving the proposed
Washington Area, including Northern On January 12, 1998, the regulatory amendment which moves the
Virginia, for the 1997 annual PM2.5 Commonwealth of Virginia Office of the localities in Northern Virginia (Counties
standard. Therefore, the designation of Attorney General provided a legal of Arlington, Fairfax, Loudoun, and
the Northern Virginia area, as part of the opinion that states that the Privilege Prince William; Cities of Alexandria,
Washington Area, was changed from Law, Va. Code § 10.1–1198, precludes Fairfax, Falls Church, Manassas, and
nonattainment to attainment. granting a privilege to documents and Manassas Park) from the list of
Subsequently, Virginia changed its lists information ‘‘required by law,’’ nonattainment areas found in regulation
of areas in nonattainment and including documents and information 9 VAC 5–20–204 to the list of
maintenance within its regulations, ‘‘required by Federal law to maintain maintenance areas found in regulation 9
located in 9 VAC5 Chapter 20, to reflect program delegation, authorization or VAC 5–20–203. EPA finds this revision
EPA’s redesignation of the Washington approval,’’ since Virginia must ‘‘enforce to the SIP is in accordance with CAA
Area. Federally authorized environmental requirements, including sections 107
programs in a manner that is no less and 110 of the CAA.
II. Summary of SIP Revision stringent than their Federal EPA is publishing this rule without
On June 1, 2015, the Commonwealth counterparts. . . .’’ The opinion prior proposal because EPA views this
of Virginia submitted a formal revision concludes that ‘‘[r]egarding § 10.1–1198, as a noncontroversial amendment and
to its SIP. The SIP revision consists of therefore, documents or other anticipates no adverse comment.
a regulatory change that moves the information needed for civil or criminal However, in the ‘‘Proposed Rules’’
Northern Virginia area (Counties of enforcement under one of these section of today’s Federal Register, EPA
Arlington, Fairfax, Loudoun, and Prince programs could not be privileged is publishing a separate document that
William; Cities of Alexandria, Fairfax, because such documents and will serve as the proposal to approve the
Falls Church, Manassas, and Manassas information are essential to pursuing SIP revision if adverse comments are
Park), which was part of the Washington enforcement in a manner required by filed. This rule will be effective on
Area, from the list of nonattainment Federal law to maintain program October 13, 2015 without further notice
areas found in regulation 9 VAC 5–20– delegation, authorization or approval.’’ unless EPA receives adverse comment
204 to the list of maintenance areas Virginia’s Immunity law, Va. Code Sec. by September 14, 2015. If EPA receives
found in regulation 9 VAC 5–20–203. 10.1–1199, provides that ‘‘[t]o the extent adverse comment, EPA will publish a
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consistent with requirements imposed timely withdrawal in the Federal
III. General Information Pertaining to by Federal law,’’ any person making a Register informing the public that the
SIP Submittals From the voluntary disclosure of information to a rule will not take effect. EPA will
Commonwealth of Virginia state agency regarding a violation of an address all public comments in a
In 1995, Virginia adopted legislation environmental statute, regulation, subsequent final rule based on the
that provides, subject to certain permit, or administrative order is proposed rule. EPA will not institute a
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EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES
State effec-
State citation Title/Subject EPA Approval date Explanation [former SIP citation]
tive date
* * * * * * *
9 VAC 5, Chapter 20 ..... General Provisions
* * * * * * *
Part II .............................. Air Quality Programs
* * * * * * *
5–20–203 ....................... Air Quality Maintenance 3/11/15 8/14/15 [Insert Federal List of maintenance areas revised to include
Areas ............................. Register Citation]. Northern Virginia localities for fine particulate
matter (PM2.5).
5–20–204 ....................... Nonattainment Areas .... 3/11/15 8/14/15 [Insert Federal List of nonattainment areas revised to exclude
Register Citation]. Northern Virginia localities for fine particulate
matter (PM2.5).
* * * * * * *
[FR Doc. 2015–20023 Filed 8–13–15; 8:45 am] 25, 2014 rulemaking, EPA also proposed you telephone Sarah Arra at (312) 886–
BILLING CODE 6560–50–P approval for Ohio’s 2008 lead, 2008 9401 before visiting the Region 5 office.
ozone, and 2010 NO2 infrastructure FOR FURTHER INFORMATION CONTACT:
submittals. Those approvals have been Sarah Arra, Environmental Scientist,
ENVIRONMENTAL PROTECTION finalized in separate rulemakings. The Attainment Planning and Maintenance
AGENCY proposed rulemaking for Indiana’s 2010 Section, Air Programs Branch (AR–18J),
NO2 and SO2 infrastructure submittals U.S. Environmental Protection Agency,
40 CFR Part 52 associated with today’s final action was Region 5, 77 West Jackson Boulevard,
[EPA–R05–OAR–2012–0991; EPA–R05– published on February 27, 2015, and Chicago, Illinois 60604, (312) 886–9401,
OAR–2013–0435; FRL–9932–15-Region 5] EPA received one comment letter during arra.sarah@epa.gov.
the comment period, which ended on SUPPLEMENTARY INFORMATION:
Air Plan Approval; Indiana and Ohio; March 30, 2015. The concerns raised in Throughout this document whenever
Infrastructure SIP Requirements for these letters, as well as EPA’s responses, ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the 2010 NO2 and SO2 NAAQS are addressed in this final action. EPA. This SUPPLEMENTARY INFORMATION
AGENCY: Environmental Protection DATES:This final rule is effective on section is arranged as follows:
Agency (EPA). September 14, 2015. I. What is the background of these SIP
ACTION: Final rule. submissions?
ADDRESSES: EPA has established a II. What is our response to comments
SUMMARY: The Environmental Protection docket for this action under Docket ID received on the proposed rulemaking?
Agency (EPA) is taking final action to No. EPA–R05–OAR–2012–0991 (2010 III. What action is EPA taking?
approve elements of state NO2 infrastructure elements) or EPA– IV. Statutory and Executive Order Reviews
implementation plan (SIP) submissions R05–OAR–2013–0435 (2010 SO2 I. What is the background of these SIP
by Indiana regarding the infrastructure infrastructure elements). All documents submissions?
requirements of section 110 of the Clean in the docket are listed in the
Air Act (CAA) for the 2010 nitrogen www.regulations.gov index. Although A. What does this rulemaking address?
dioxide (NO2) and sulfur dioxide (SO2) listed in the index, some information is This rulemaking addresses
national ambient air quality standards not publicly available, e.g., Confidential infrastructure SIP submissions from the
(NAAQS), and by Ohio regarding the Business Information or other Indiana Department of Environmental
infrastructure requirements of section information whose disclosure is Management (IDEM) submitted on
110 of the CAA for the 2010 SO2 restricted by statute. Certain other January 15, 2013, for the 2010 NO2
NAAQS. The infrastructure material, such as copyrighted material, NAAQS and on May 22, 2013, for the
requirements are designed to ensure that will be publicly-available only in hard 2010 SO2 NAAQS. This rulemaking also
the structural components of each copy. Publicly-available docket addresses infrastructure SIP
state’s air quality management program materials are available either submissions from the Ohio
are adequate to meet the requirements of electronically in www.regulations.gov or Environmental Protection Agency
the CAA. The proposed rulemaking for in hard copy at the U.S. Environmental (OEPA) submitted on June 7, 2013, for
tkelley on DSK3SPTVN1PROD with RULES
Ohio’s 2010 SO2 infrastructure Protection Agency, Region 5, Air and the 2010 SO2 NAAQS.
submittal associated with today’s final Radiation Division, 77 West Jackson
action was published on July 25, 2014, Boulevard, Chicago, Illinois 60604. This B. Why did the state make this SIP
and EPA received one comment letter facility is open from 8:30 a.m. to 4:30 submission?
during the comment period, which p.m., Monday through Friday, excluding Under sections 110(a)(1) and (2) of the
ended on August 25, 2015. In the July Federal holidays. We recommend that CAA, states are required to submit
VerDate Sep<11>2014 20:18 Aug 13, 2015 Jkt 235001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\14AUR1.SGM 14AUR1](https://thefederalregister.org/doc/80_FR_48887/page/4.svg)
Document Created: 2018-02-23 10:59:33
Document Modified: 2018-02-23 10:59:33
| 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 October 13, 2015 without further notice, unless EPA receives adverse written comment by September 14, 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 | Maria A. Pino, (215) 814-2181, or by email at [email protected] | |
| FR Citation | 80 FR 48730 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations and Particulate Matter |
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