81 FR 39208 - Approval and Promulgation of Air Quality Implementation Plans; Virginia Infrastructure Requirements for the 2012 Fine Particulate Matter National Ambient Air Quality Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 116 (June 16, 2016)
Federal Register Volume 81, Issue 116 (June 16, 2016)
| Page Range | 39208-39211 | |
| FR Document | 2016-14181 |
[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)] [Rules and Regulations] [Pages 39208-39211] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14181] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2015-0838; FRL-9947-76-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Virginia Infrastructure Requirements for the 2012 Fine Particulate Matter National Ambient Air Quality Standards AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Commonwealth of Virginia (Virginia) pursuant to the Clean Air Act (CAA). Whenever new or revised national ambient air quality standards (NAAQS) are promulgated, the CAA requires states to submit a plan to address basic program elements, including but not limited to regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure implementation, maintenance, and enforcement of the NAAQS. These elements are referred to as infrastructure requirements. The Commonwealth of Virginia made a submittal addressing the infrastructure requirements for the 2012 fine particulate matter (PM2.5 ) NAAQS. DATES: This final rule is effective on July 18, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2015-0838. All documents in the docket are listed in the www.regulations.gov Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information (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 through www.regulations.gov or may be viewed 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 Virginia Department of Environmental Quality, 629 East Main Street, Richmond, Virginia 23219. [[Page 39209]] FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, (215) 814-5787, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On July 18, 1997, the EPA promulgated a new 24-hour and a new annual NAAQS for PM2.5 (62 FR 38652). Subsequently, on December 14, 2012, the EPA revised the level of the health based (primary) annual PM2.5 standard to 12 micrograms per cubic meter ([micro]g/m\3\). See 78 FR 3086 (January 15, 2013).\1\ --------------------------------------------------------------------------- \1\ In EPA's 2012 PM2.5 NAAQS revision, EPA left unchanged the existing welfare (secondary) standards for PM2.5 to address PM related effects such as visibility impairment, ecological effects, damage to materials and climate impacts. This includes an annual secondary standard of 15 [mu]g/m\3\ and a 24-hour standard of 35 [mu]g/m\3\. --------------------------------------------------------------------------- Pursuant to section 110(a)(1) of the CAA, states are required to submit SIPs meeting the applicable requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS or within such shorter period as EPA may prescribe. Section 110(a)(2) requires states to address basic SIP elements such as requirements for monitoring, basic program requirements, and legal authority that are designed to assure attainment and maintenance of the NAAQS. Section 110(a) imposes the obligation upon states to make a SIP submission to EPA for a new or revised NAAQS, but the contents of that submission may vary depending upon the facts and circumstances. In particular, the data and analytical tools available at the time the state develops and submits the SIP for a new or revised NAAQS affect the content of the submission. The content of such SIP submission may also vary depending upon what provisions the state's existing SIP already contains. II. Summary of SIP Revision On July 16, 2015, the Commonwealth of Virginia, through the Virginia Department of Environmental Quality (VADEQ), submitted a SIP revision that addresses the infrastructure elements specified in section 110(a)(2) of the CAA necessary to implement, maintain, and enforce the 2012 PM2.5 NAAQS.\2\ On March 7, 2016 (81 FR 11711), EPA published a notice of proposed rulemaking (NPR) proposing approval of the Virginia July 16, 2015 submittal. In the NPR, EPA proposed approval of the following infrastructure elements: Section 110(a)(2)(A), (B), (C), (D)(i)(II) (prevention of significant deterioration), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). --------------------------------------------------------------------------- \2\ To clarify, the ``2013 PM2.5 NAAQS'' referred to in the Virginia SIP submittal is the same as the ``2012 PM2.5 NAAQS'' EPA refers to in this rulemaking action. The final rule for this NAAQS was signed by the EPA Administrator on December 14, 2012, thereby it has been called the ``2012 PM2.5 NAAQS.'' However, the final rule was published in the Federal Register on January 15, 2013, with an effective date of March 13, 2013, resulting in it also being referred to as the ``2013 PM2.5 NAAQS.'' --------------------------------------------------------------------------- At this time, EPA is not taking action on section 110(a)(2)(D)(i)(I) of the CAA relating to interstate transport of emissions because Virginia's July 16, 2016 infrastructure SIP submittal did not include provisions for this element; therefore EPA will take later, separate action on section 110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS for Virginia as explained in the NPR. Additionally, EPA is not at this time taking action on section 110(a)(2)(D)(i)(II) for visibility protection for the 2012 PM2.5 NAAQS as explained in the NPR. Although Virginia's infrastructure SIP submittal for the 2012 PM2.5 NAAQS referred to Virginia's regional haze SIP for section 110(a)(2)(D)(i)(II) for visibility protection, EPA intends to take later, separate action on Virginia's submittal for these elements as explained in the NPR and the Technical Support Document (TSD) which accompanied the NPR. Finally, Virginia did not submit section 110(a)(2)(I) which pertains to the nonattainment requirements of part D, Title I of the CAA, because this element is not required to be submitted by the 3-year submission deadline of section 110(a)(1) and will be addressed in a separate process if necessary. The rationale supporting EPA's proposed rulemaking action, including the scope of infrastructure SIPs in general, is explained in the published NPR and the TSD accompanying the NPR and will not be restated here. The NPR and TSD are available in the docket for this rulemaking at www.regulations.gov, Docket ID Number EPA-R03-OAR-2015- 0838. No public comments were received on the NPR. III. Final Action EPA is approving, as a revision to the Virginia SIP, the following elements of Virginia's July 16, 2015 SIP revision for the 2012 PM2.5 NAAQS: Section 110(a)(2)(A), (B), (C), (D)(i)(II) (prevention of significant deterioration), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). Virginia's SIP revision provides the basic program elements specified in section 110(a)(2) necessary to implement, maintain, and enforce the 2012 PM2.5 NAAQS. This final rulemaking action does not include action on sections 110(a)(2)(D)(i)(I) (interstate transport of emissions), and (D)(i)(II) (visibility protection) for the 2012 PM2.5 NAAQS as previously discussed. Additionally, EPA is not taking action on section 110(a)(2)(I) which pertains to the nonattainment planning requirements of part D, title I of the CAA, because this element is not required to be submitted by the 3-year submission deadline of section 110(a)(1) of the CAA, and will be addressed in a separate process if necessary. IV. General Information Pertaining to SIP Submittals From the Commonwealth of Virginia In 1995, Virginia adopted legislation that provides, subject to certain conditions, for an environmental assessment (audit) ``privilege'' for voluntary compliance evaluations performed by a regulated entity. The legislation further addresses the relative burden of proof for parties either asserting the privilege or seeking disclosure of documents for which the privilege is claimed. Virginia's legislation also provides, subject to certain conditions, for a penalty waiver for violations of environmental laws when a regulated entity discovers such violations pursuant to a voluntary compliance evaluation and voluntarily discloses such violations to the Commonwealth and takes prompt and appropriate measures to remedy the violations. Virginia's Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1- 1198, provides a privilege that protects from disclosure documents and information about the content of those documents that are the product of a voluntary environmental assessment. The Privilege Law does not extend to documents or information that: (1) Are generated or developed before the commencement of a voluntary environmental assessment; (2) are prepared independently of the assessment process; (3) demonstrate a clear, imminent and substantial danger to the public health or environment; or (4) are required by law. On January 12, 1998, the Commonwealth of Virginia Office of the Attorney General provided a legal opinion that states that the Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege to documents and information ``required by law,'' including documents and information ``required by federal law to maintain program delegation, authorization or approval,'' since Virginia must ``enforce federally authorized environmental programs in a manner that is no less stringent than their federal counterparts. . . .'' The opinion concludes that ``[r]egarding Sec. 10.1-1198, therefore, documents or other information needed for civil or criminal enforcement under one of these programs could not be privileged because such documents and [[Page 39210]] information are essential to pursuing enforcement in a manner required by federal law to maintain program delegation, authorization or approval.'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent consistent with requirements imposed by federal law,'' any person making a voluntary disclosure of information to a state agency regarding a violation of an environmental statute, regulation, permit, or administrative order is granted immunity from administrative or civil penalty. The Attorney General's January 12, 1998 opinion states that the quoted language renders this statute inapplicable to enforcement of any federally authorized programs, since ``no immunity could be afforded from administrative, civil, or criminal penalties because granting such immunity would not be consistent with federal law, which is one of the criteria for immunity.'' Therefore, EPA has determined that Virginia's Privilege and Immunity statutes will not preclude the Commonwealth from enforcing its program consistent with the federal requirements. In any event, because EPA has also determined that a state audit privilege and immunity law can affect only state enforcement and cannot have any impact on federal enforcement authorities, EPA may at any time invoke its authority under the CAA, including, for example, sections 113, 167, 205, 211 or 213, to enforce the requirements or prohibitions of the state plan, independently of any state enforcement effort. In addition, citizen enforcement under section 304 of the CAA is likewise unaffected by this, or any, state audit privilege or immunity law. V. Statutory and Executive Order Reviews A. General Requirements Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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). The SIP is not approved to apply on any Indian reservation land as defined in 18 U.S.C. 1151 or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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 August 15, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action, which satisfies certain infrastructure requirements of section 110(a)(2) of the CAA for the 2012 PM 2.5 NAAQS for the Commonwealth of Virginia, 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, Particulate matter, Reporting and recordkeeping requirements. Dated: May 27, 2016. Shawn M. Garvin, 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 adding, to the end of the table, an entry for ``Section 110(a)(2) Infrastructure Requirements for the 2012 Particulate Matter NAAQS.'' The added text reads as follows: Sec. 52.2420 Identification of plan. * * * * * (e) * * * [[Page 39211]] ---------------------------------------------------------------------------------------------------------------- Name of non-regulatory SIP Applicable State revision geographic area submittal date EPA approval date Additional explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 110(a)(2) Statewide........... 7/16/15 6/16/16, [Insert Docket #2015-0838. Infrastructure Requirements Federal Register This action addresses for the 2012 Particulate citation]. the following CAA Matter NAAQS. elements, or portions thereof: 110(a)(2)(A), (B), (C), (D)(i)(II)(PSD), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-14181 Filed 6-15-16; 8:45 am] BILLING CODE 6560-50-P
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State effective
Rule title Final rule citation, date Comments
date
X. Vehicle Inspection and Maintenance Program
Section X.A. General Requirements and Applicability ............................... 12/5/2012 80 FR 54237, 9/9/2015 ..
Section X.B. Davis County ......................................................................... 2/14/1997 62 FR 38213, 7/17/1997
Section X.C. Salt Lake County ................................................................... 10/7/2004 70 FR 44055, 8/1/2005 ..
Section X.D. Utah County .......................................................................... 5/18/2004 70 FR 66264, 11/2/2005
Section X.E. Weber County ........................................................................ 11/4/2004 70 FR 54267, 9/14/2005
Section X.F. Cache County ........................................................................ 11/6/2013 80 FR 54237, 9/9/2015 ..
Section XI. Other Control Measures for Mobile Sources ........................... 11/12/1993 68 FR 37744, 6/25/2003
Section XII. Transportation Conformity Consultation ................................. 5/2/2007 73 FR 51222, 9/2/2008 ..
Section XIII. Analysis of Plan Impact ......................................................... 11/12/1993 68 FR 37744, 6/25/2003
Section XIV. Emission Inventory Development .......................................... 2/25/2000 68 FR 37744, 6/25/2003
Section XV. Title 19, Chapter 2 Utah Code Annotated, 1993 ................... 11/12/1993 68 FR 37744, 6/25/2003
Section XVI. Public Notification .................................................................. 11/12/1993 68 FR 37744, 6/25/2003
XVII. Visibility Protection
Section XVII.A. Introduction ........................................................................ 2/25/2000 68 FR 37744, 6/25/2003
Section XVII.B. Background ....................................................................... 4/12/1993 68 FR 37744, 6/25/2003
Section XVII.C. Visibility Protection ............................................................ 4/12/1993 68 FR 37744, 6/25/2003
Section XVII.D. Visibility Monitoring ........................................................... 2/25/2000 68 FR 37744, 6/25/2003
Section XVII.E. New or Modified Source Analysis of Visibility Impact ....... 2/25/2000 68 FR 37744, 6/25/2003
Section XVII.F. Existing Source Visibility Impact and BART ..................... 4/12/1993 68 FR 37744, 6/25/2003
Section XVII.G. Regional Haze .................................................................. 4/12/1993 68 FR 37744, 6/25/2003
Section XVII.H. Long Term Plan to Show Progress Toward Improved 4/12/1993 68 FR 37744, 6/25/2003
Visibility.
Section XVII.I. Visibility Progress Report ................................................... 4/12/1993 68 FR 37744, 6/25/2003
Section XVII.J. Policy of the Air Conservation Committee Concerning the 4/12/1993 68 FR 37744, 6/25/2003
Protection of Scenic Views Associated with Mandatory Class I Areas
from Signficant Impairment for Visibility.
Section XVIII. Demonstration of GEP Stack Height ................................... 2/25/2000 68 FR 37744, 6/25/2003
Section XIX. Small Business Assistance Program ..................................... 11/12/1993 68 FR 37744, 6/25/2003
Section XX.G. Long-Term Strategy for Fire Programs .............................. 4/7/2011 78 FR 4071, 1/18/2013 ..
Section XXII. General Conformity .............................................................. 1/1/2003 68 FR 37744, 6/25/2003
Section XXIII. Interstate Transport ............................................................. 2/9/2007 73 FR 16543, 3/28/2008
Maintenance Plans
Ogden Carbon Monoxide (CO) Maintenance Plan Summary.
Salt Lake and Davis County Ozone Maintenance Plan Summary.
Salt Lake and Tooele Counties Sulfur Dioxide (SO2) Plan Summary.
Salt Lake City Carbon Monoxide (CO) Maintenance Plan.
Salt Lake County Particulate Matter (PM¥10) Attainment Plan Summary.
Utah County Particulate Matter (PM¥10) Attainment Plan Summary.
[FR Doc. 2016–14099 Filed 6–15–16; 8:45 am] submitted by the Commonwealth of documents in the docket are listed in
BILLING CODE 6560–50–P Virginia (Virginia) pursuant to the Clean the www.regulations.gov Web site.
Air Act (CAA). Whenever new or Although listed in the electronic docket,
revised national ambient air quality some information is not publicly
ENVIRONMENTAL PROTECTION standards (NAAQS) are promulgated, available, i.e., confidential business
AGENCY the CAA requires states to submit a plan information (CBI) or other information
to address basic program elements, whose disclosure is restricted by statute.
40 CFR Part 52 including but not limited to regulatory Certain other material, such as
structure, monitoring, modeling, legal copyrighted material, is not placed on
[EPA–R03–OAR–2015–0838; FRL–9947–76–
authority, and adequate resources the Internet and will be publicly
Region 3]
necessary to assure implementation, available only in hard copy form.
Approval and Promulgation of Air maintenance, and enforcement of the Publicly available docket materials are
Quality Implementation Plans; Virginia NAAQS. These elements are referred to
available through www.regulations.gov
Infrastructure Requirements for the as infrastructure requirements. The
or may be viewed during normal
2012 Fine Particulate Matter National Commonwealth of Virginia made a
submittal addressing the infrastructure business hours at the Air Protection
Ambient Air Quality Standards Division, U.S. Environmental Protection
requirements for the 2012 fine
jstallworth on DSK7TPTVN1PROD with RULES
AGENCY: Environmental Protection particulate matter (PM2.5) NAAQS. Agency, Region III, 1650 Arch Street,
Agency (EPA). Philadelphia, Pennsylvania 19103.
DATES: This final rule is effective on July Copies of the state submittal are
ACTION: Final rule. 18, 2016. available at Virginia Department of
SUMMARY: The Environmental Protection ADDRESSES: EPA has established a Environmental Quality, 629 East Main
Agency (EPA) is approving a state docket for this action under Docket ID Street, Richmond, Virginia 23219.
implementation plan (SIP) revision Number EPA–R03–OAR–2015–0838. All
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FOR FURTHER INFORMATION CONTACT: the NPR, EPA proposed approval of the taking action on section 110(a)(2)(I)
Ellen Schmitt, (215) 814–5787, or by following infrastructure elements: which pertains to the nonattainment
email at schmitt.ellen@epa.gov. Section 110(a)(2)(A), (B), (C), (D)(i)(II) planning requirements of part D, title I
SUPPLEMENTARY INFORMATION: (prevention of significant deterioration), of the CAA, because this element is not
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and required to be submitted by the 3-year
I. Background (M). submission deadline of section 110(a)(1)
On July 18, 1997, the EPA At this time, EPA is not taking action of the CAA, and will be addressed in a
promulgated a new 24-hour and a new on section 110(a)(2)(D)(i)(I) of the CAA separate process if necessary.
annual NAAQS for PM2.5 (62 FR 38652). relating to interstate transport of
emissions because Virginia’s July 16, IV. General Information Pertaining to
Subsequently, on December 14, 2012,
2016 infrastructure SIP submittal did SIP Submittals From the
the EPA revised the level of the health
not include provisions for this element; Commonwealth of Virginia
based (primary) annual PM2.5 standard
to 12 micrograms per cubic meter (mg/ therefore EPA will take later, separate In 1995, Virginia adopted legislation
m3). See 78 FR 3086 (January 15, 2013).1 action on section 110(a)(2)(D)(i)(I) for that provides, subject to certain
Pursuant to section 110(a)(1) of the the 2012 PM2.5 NAAQS for Virginia as conditions, for an environmental
CAA, states are required to submit SIPs explained in the NPR. Additionally, assessment (audit) ‘‘privilege’’ for
meeting the applicable requirements of EPA is not at this time taking action on voluntary compliance evaluations
section 110(a)(2) within three years after section 110(a)(2)(D)(i)(II) for visibility performed by a regulated entity. The
promulgation of a new or revised protection for the 2012 PM2.5 NAAQS as legislation further addresses the relative
NAAQS or within such shorter period explained in the NPR. Although burden of proof for parties either
as EPA may prescribe. Section 110(a)(2) Virginia’s infrastructure SIP submittal asserting the privilege or seeking
requires states to address basic SIP for the 2012 PM2.5 NAAQS referred to disclosure of documents for which the
elements such as requirements for Virginia’s regional haze SIP for section privilege is claimed. Virginia’s
monitoring, basic program 110(a)(2)(D)(i)(II) for visibility legislation also provides, subject to
requirements, and legal authority that protection, EPA intends to take later, certain conditions, for a penalty waiver
are designed to assure attainment and separate action on Virginia’s submittal for violations of environmental laws
maintenance of the NAAQS. Section for these elements as explained in the when a regulated entity discovers such
110(a) imposes the obligation upon NPR and the Technical Support violations pursuant to a voluntary
states to make a SIP submission to EPA Document (TSD) which accompanied compliance evaluation and voluntarily
for a new or revised NAAQS, but the the NPR. Finally, Virginia did not discloses such violations to the
contents of that submission may vary submit section 110(a)(2)(I) which Commonwealth and takes prompt and
depending upon the facts and pertains to the nonattainment appropriate measures to remedy the
circumstances. In particular, the data requirements of part D, Title I of the violations. Virginia’s Voluntary
and analytical tools available at the time CAA, because this element is not Environmental Assessment Privilege
the state develops and submits the SIP required to be submitted by the 3-year Law, Va. Code Sec. 10.1–1198, provides
for a new or revised NAAQS affect the submission deadline of section 110(a)(1) a privilege that protects from disclosure
content of the submission. The content and will be addressed in a separate documents and information about the
of such SIP submission may also vary process if necessary. content of those documents that are the
depending upon what provisions the The rationale supporting EPA’s product of a voluntary environmental
state’s existing SIP already contains. proposed rulemaking action, including assessment. The Privilege Law does not
the scope of infrastructure SIPs in extend to documents or information
II. Summary of SIP Revision general, is explained in the published that: (1) Are generated or developed
On July 16, 2015, the Commonwealth NPR and the TSD accompanying the before the commencement of a
of Virginia, through the Virginia NPR and will not be restated here. The voluntary environmental assessment; (2)
Department of Environmental Quality NPR and TSD are available in the docket are prepared independently of the
(VADEQ), submitted a SIP revision that for this rulemaking at assessment process; (3) demonstrate a
addresses the infrastructure elements www.regulations.gov, Docket ID Number clear, imminent and substantial danger
specified in section 110(a)(2) of the CAA EPA–R03–OAR–2015–0838. No public to the public health or environment; or
necessary to implement, maintain, and comments were received on the NPR. (4) are required by law.
enforce the 2012 PM2.5 NAAQS.2 On On January 12, 1998, the
III. Final Action Commonwealth of Virginia Office of the
March 7, 2016 (81 FR 11711), EPA
published a notice of proposed EPA is approving, as a revision to the Attorney General provided a legal
rulemaking (NPR) proposing approval of Virginia SIP, the following elements of opinion that states that the Privilege
the Virginia July 16, 2015 submittal. In Virginia’s July 16, 2015 SIP revision for law, Va. Code Sec. 10.1–1198, precludes
the 2012 PM2.5 NAAQS: Section granting a privilege to documents and
1 In EPA’s 2012 PM
2.5 NAAQS revision, EPA left 110(a)(2)(A), (B), (C), (D)(i)(II) information ‘‘required by law,’’
unchanged the existing welfare (secondary) (prevention of significant deterioration), including documents and information
standards for PM2.5 to address PM related effects (D)(ii), (E), (F), (G), (H), (J), (K), (L), and ‘‘required by federal law to maintain
such as visibility impairment, ecological effects,
damage to materials and climate impacts. This (M). Virginia’s SIP revision provides the program delegation, authorization or
includes an annual secondary standard of 15 mg/m3 basic program elements specified in approval,’’ since Virginia must ‘‘enforce
and a 24-hour standard of 35 mg/m3. section 110(a)(2) necessary to federally authorized environmental
2 To clarify, the ‘‘2013 PM
2.5 NAAQS’’ referred to implement, maintain, and enforce the programs in a manner that is no less
jstallworth on DSK7TPTVN1PROD with RULES
in the Virginia SIP submittal is the same as the
‘‘2012 PM2.5 NAAQS’’ EPA refers to in this
2012 PM2.5 NAAQS. This final stringent than their federal counterparts.
rulemaking action. The final rule for this NAAQS rulemaking action does not include . . .’’ The opinion concludes that
was signed by the EPA Administrator on December action on sections 110(a)(2)(D)(i)(I) ‘‘[r]egarding § 10.1–1198, therefore,
14, 2012, thereby it has been called the ‘‘2012 PM2.5 (interstate transport of emissions), and documents or other information needed
NAAQS.’’ However, the final rule was published in
the Federal Register on January 15, 2013, with an
(D)(i)(II) (visibility protection) for the for civil or criminal enforcement under
effective date of March 13, 2013, resulting in it also 2012 PM2.5 NAAQS as previously one of these programs could not be
being referred to as the ‘‘2013 PM2.5 NAAQS.’’ discussed. Additionally, EPA is not privileged because such documents and
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information are essential to pursuing Executive Orders 12866 (58 FR 51735, of the United States. EPA will submit a
enforcement in a manner required by October 4, 1993) and 13563 (76 FR 3821, report containing this action and other
federal law to maintain program January 21, 2011); required information to the U.S. Senate,
delegation, authorization or approval.’’ • does not impose an information the U.S. House of Representatives, and
Virginia’s Immunity law, Va. Code collection burden under the provisions the Comptroller General of the United
Sec. 10.1–1199, provides that ‘‘[t]o the of the Paperwork Reduction Act (44 States prior to publication of the rule in
extent consistent with requirements U.S.C. 3501 et seq.); the Federal Register. A major rule
imposed by federal law,’’ any person • is certified as not having a cannot take effect until 60 days after it
making a voluntary disclosure of significant economic impact on a is published in the Federal Register.
information to a state agency regarding substantial number of small entities This action is not a ‘‘major rule’’ as
a violation of an environmental statute, under the Regulatory Flexibility Act (5 defined by 5 U.S.C. 804(2).
regulation, permit, or administrative U.S.C. 601 et seq.);
order is granted immunity from • does not contain any unfunded C. Petitions for Judicial Review
administrative or civil penalty. The mandate or significantly or uniquely Under section 307(b)(1) of the CAA,
Attorney General’s January 12, 1998 affect small governments, as described petitions for judicial review of this
opinion states that the quoted language in the Unfunded Mandates Reform Act action must be filed in the United States
renders this statute inapplicable to of 1995 (Pub. L. 104–4); Court of Appeals for the appropriate
enforcement of any federally authorized • does not have federalism circuit by August 15, 2016. Filing a
programs, since ‘‘no immunity could be implications as specified in Executive petition for reconsideration by the
afforded from administrative, civil, or Order 13132 (64 FR 43255, August 10, Administrator of this final rule does not
criminal penalties because granting 1999); affect the finality of this action for the
such immunity would not be consistent • is not an economically significant purposes of judicial review nor does it
with federal law, which is one of the regulatory action based on health or extend the time within which a petition
criteria for immunity.’’ safety risks subject to Executive Order for judicial review may be filed, and
Therefore, EPA has determined that 13045 (62 FR 19885, April 23, 1997); shall not postpone the effectiveness of
Virginia’s Privilege and Immunity • is not a significant regulatory action such rule or action. This action, which
statutes will not preclude the subject to Executive Order 13211 (66 FR satisfies certain infrastructure
Commonwealth from enforcing its 28355, May 22, 2001); requirements of section 110(a)(2) of the
program consistent with the federal • is not subject to requirements of CAA for the 2012 PM2.5 NAAQS for the
requirements. In any event, because section 12(d) of the National Commonwealth of Virginia, may not be
EPA has also determined that a state Technology Transfer and Advancement challenged later in proceedings to
audit privilege and immunity law can Act of 1995 (15 U.S.C. 272 note) because enforce its requirements. (See section
affect only state enforcement and cannot application of those requirements would 307(b)(2).)
have any impact on federal enforcement be inconsistent with the CAA; and
authorities, EPA may at any time invoke • does not provide EPA with the List of Subjects in 40 CFR Part 52
its authority under the CAA, including, discretionary authority to address, as
for example, sections 113, 167, 205, 211 Environmental protection, Air
appropriate, disproportionate human pollution control, Incorporation by
or 213, to enforce the requirements or health or environmental effects, using
prohibitions of the state plan, reference, Particulate matter, Reporting
practicable and legally permissible and recordkeeping requirements.
independently of any state enforcement methods, under Executive Order 12898
effort. In addition, citizen enforcement (59 FR 7629, February 16, 1994). Dated: May 27, 2016.
under section 304 of the CAA is The SIP is not approved to apply on Shawn M. Garvin,
likewise unaffected by this, or any, state any Indian reservation land as defined Regional Administrator, Region III.
audit privilege or immunity law. in 18 U.S.C. 1151 or in any other area 40 CFR part 52 is amended as follows:
V. Statutory and Executive Order where EPA or an Indian tribe has
Reviews demonstrated that a tribe has PART 52—APPROVAL AND
jurisdiction. In those areas of Indian PROMULGATION OF
A. General Requirements country, the rule does not have tribal IMPLEMENTATION PLANS
Under the CAA, the Administrator is implications and will not impose
required to approve a SIP submission substantial direct costs on tribal ■ 1. The authority citation for part 52
that complies with the provisions of the governments or preempt tribal law as continues to read as follows:
CAA and applicable federal regulations. specified by Executive Order 13175 (65 Authority: 42 U.S.C. 7401 et seq.
42 U.S.C. 7410(k); 40 CFR 52.02(a). FR 67249, November 9, 2000).
Thus, in reviewing SIP submissions, Subpart VV—Virginia
B. Submission to Congress and the
EPA’s role is to approve state choices,
Comptroller General 2. In § 52.2420, the table in paragraph
provided that they meet the criteria of ■
the CAA. Accordingly, this action The Congressional Review Act, 5 (e) is amended by adding, to the end of
merely approves state law as meeting U.S.C. 801 et seq., as added by the Small the table, an entry for ‘‘Section 110(a)(2)
federal requirements and does not Business Regulatory Enforcement Infrastructure Requirements for the 2012
impose additional requirements beyond Fairness Act of 1996, generally provides Particulate Matter NAAQS.’’ The added
those imposed by state law. For that that before a rule may take effect, the text reads as follows:
reason, this action: agency promulgating the rule must
jstallworth on DSK7TPTVN1PROD with RULES
• Is not a ‘‘significant regulatory submit a rule report, which includes a § 52.2420 Identification of plan.
action’’ subject to review by the Office copy of the rule, to each House of the * * * * *
of Management and Budget under Congress and to the Comptroller General (e) * * *
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![Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 39211
Applicable
Name of non-regulatory State
geographic EPA approval date Additional explanation
SIP revision submittal date
area
* * * * * * *
Section 110(a)(2) Infra- Statewide ....... 7/16/15 6/16/16, [Insert Federal Docket #2015–0838. This action addresses the fol-
structure Requirements Register citation]. lowing CAA elements, or portions thereof:
for the 2012 Particulate 110(a)(2)(A), (B), (C), (D)(i)(II)(PSD), (D)(ii), (E),
Matter NAAQS. (F), (G), (H), (J), (K), (L), and (M).
[FR Doc. 2016–14181 Filed 6–15–16; 8:45 am] DATES: This rule is effective on August FURTHER INFORMATION CONTACT section.
BILLING CODE 6560–50–P 15, 2016 without further notice, unless For the full EPA public comment policy,
the EPA receives adverse comments by information about CBI or multimedia
July 18, 2016. If we receive such submissions, and general guidance on
ENVIRONMENTAL PROTECTION comments, we will publish a timely making effective comments, please visit
AGENCY withdrawal in the Federal Register to http://www2.epa.gov/dockets/
notify the public that this direct final commenting-epa-dockets.
40 CFR Part 52 rule will not take effect. FOR FURTHER INFORMATION CONTACT:
ADDRESSES: Submit your comments, Arnold Lazarus, EPA Region IX, (415)
[EPA–R09–OAR–2016–0124; FRL–9946–38– identified by Docket ID No. EPA–R09– 972–3024, lazarus.arnold@epa.gov.
Region 9] OAR–2016–0124 at http://
www.regulations.gov, or via email to SUPPLEMENTARY INFORMATION:
Approval of California Air Plan Steckel.Andrew@epa.gov. For comments Throughout this document, ‘‘we,’’ ‘‘us,’’
Revisions, Eastern Kern Air Pollution submitted at Regulations.gov, follow the and ‘‘our’’ refer to the EPA.
Control District and Yolo-Solano Air online instructions for submitting Table of Contents
Quality Management District comments. Once submitted, comments
I. The State’s Submittal
cannot be edited or removed from
AGENCY: Environmental Protection A. What rules did the State submit?
Regulations.gov. For either manner of B. Are there other versions of these rules?
Agency (EPA).
submission, the EPA may publish any C. What is the purpose of the submitted
ACTION: Direct final rule. comment received to its public docket. rule and rule revision?
Do not submit electronically any II. The EPA’s Evaluation and Action
SUMMARY: The Environmental Protection information you consider to be A. How is the EPA evaluating the rules?
Agency (EPA) is taking direct final Confidential Business Information (CBI) B. Do the rules meet the evaluation
action to approve revisions to the Yolo- or other information whose disclosure is criteria?
Solano Air Quality Management District restricted by statute. Multimedia C. EPA Recommendations To Further
(YSAQMD) and Eastern Kern Air submissions (audio, video, etc.) must be Improve the Rules
Pollution Control District (EKAPCD) D. Public Comment and Final Action
accompanied by a written comment.
III. Incorporation by Reference
portions of the California State The written comment is considered the IV. Statutory and Executive Order Reviews
Implementation Plan (SIP). These official comment and should include
revisions concern, respectively, the discussion of all points you wish to I. The State’s Submittal
definition of volatile organic make. The EPA will generally not A. What rules did the State submit?
compounds (VOCs), and emissions of consider comments or comment
VOCs from the surface coating contents located outside of the primary Table 1 lists the rules addressed by
operations of wood products. We are submission (i.e. on the web, cloud, or this action with the dates that they were
approving local rules that regulate these other file sharing system). For adopted by the local air agencies and
emission sources under the Clean Air additional submission methods, please submitted by the California Air
Act (CAA or the Act). contact the person identified in the FOR Resources Board (CARB).
TABLE 1—SUBMITTED RULES
Adopted/
Local agency Rule No. Rule title amended/ Submitted
revised
EKAPCD ......... 410.9 Wood Products Surface Coating Operations ................................................. 3/13/2014 7/25/2014
YSAQMD ........ 1.1 General Provisions and Definitions ................................................................ 7/08/2015 11/13/2015
On September 11, 2014, and January B. Are there other versions of these C. What is the purpose of the submitted
jstallworth on DSK7TPTVN1PROD with RULES
19, 2016, the EPA determined that the rules? rule and rule revision?
submittals for EKAPCD Rule 410.9 and
YSAQMD Rule 1.1 respectively met the There are no previous versions of VOCs help produce ground-level
completeness criteria in 40 CFR part 51 Rule 410.9 in the SIP. We approved an ozone, smog and PM, which harm
Appendix V, which must be met before earlier version of Rule 1.1 into the SIP human health and the environment.
formal EPA review. on April 28, 2015 (80 FR 23449). Section 110(a) of the CAA requires
States to submit regulations that control
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Document Created: 2016-06-16 00:37:36
Document Modified: 2016-06-16 00:37:36
| 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 | Final rule. | |
| Dates | This final rule is effective on July 18, 2016. | |
| Contact | Ellen Schmitt, (215) 814-5787, or by email at sch[email protected] | |
| FR Citation | 81 FR 39208 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Particulate Matter and Reporting and Recordkeeping Requirements |
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