81 FR 54506 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Case-by-Case Reasonably Available Control Technology for the 2008 8-Hour Ozone National Ambient Air Quality Standard (NAAQS)
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 158 (August 16, 2016)
Federal Register Volume 81, Issue 158 (August 16, 2016)
| Page Range | 54506-54510 | |
| FR Document | 2016-19388 |
[Federal Register Volume 81, Number 158 (Tuesday, August 16, 2016)] [Rules and Regulations] [Pages 54506-54510] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19388] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2016-0210; FRL-9950-71-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Case-by-Case Reasonably Available Control Technology for the 2008 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Commonwealth of Virginia's state implementation plan (SIP). The SIP revision includes revised Virginia regulations which incorporate compliance dates necessary for implementing planning requirements for the 2008 8-hour ozone national ambient air quality standard (NAAQS). Specifically, the SIP revision includes revised Virginia regulations which added notification and compliance dates for sources seeking case-by-case reasonably available control technology (RACT) determinations required under the 2008 8-hour ozone NAAQS. EPA is approving this revision to the Virginia SIP in accordance with the requirements of the Clean Air Act (CAA). DATES: This rule is effective on October 17, 2016 without further notice, unless EPA receives adverse written comment by September 15, 2016. 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 No. EPA-R03- OAR-2016-0210 at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Leslie Jones Doherty, (215) 814-3409, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On February 5, 2016, the Commonwealth of Virginia, through the Virginia Department of Environmental Quality (VADEQ), submitted a formal revision to the Virginia SIP. The SIP revision submittal includes revised provisions within 9VAC5 Chapter 40, Existing Stationary Sources, to include revised notification and compliance dates for sources subject to RACT for the 2008 8-hour ozone NAAQS to submit a case-by-case RACT demonstration to VADEQ. On March 27, 2008, EPA revised the 8-hour ozone standard to a new 0.075 [[Page 54507]] parts per million (ppm) level (73 FR 16436). On May 21, 2012, EPA finalized designations for the 2008 8-hour ozone NAAQS (77 FR 30087) in which the Washington, DC-MD-VA area was designated marginal nonattainment. See 40 CFR 81.347. The northern portion of Virginia is also part of the Metropolitan Statistical Area of the District Columbia which is in the ozone transport region (OTR) established under section 184(a) of the CAA. Pursuant to section 184(b) of the CAA, all areas in the OTR must comply with the CAA requirements for a moderate nonattainment area which includes RACT requirements. On March 6, 2015, EPA published a final implementation rule (80 FR 12264) which specifies the compliance date (January 1, 2017) by which RACT measures must be implemented for the 2008 8-hour ozone NAAQS. See 40 CFR 51.1112. Thus, the northern portion of Virginia which is within the OTR must implement RACT per CAA sections 172 and 182 for major stationary sources of nitrogen oxides (NOX ) and volatile organic compounds (VOCs).\1\ --------------------------------------------------------------------------- \1\ Any stationary source which emits or has the potential to emit at least 50 tons per year (tpy) of VOCs or 100 tpy of NOX shall be considered a major stationary source subject to attainment planning requirements, including RACT, as if the area were a moderate nonattainment area. See CAA sections 182(b) and (f), 184(b), and 302. --------------------------------------------------------------------------- II. Summary of SIP Revision This SIP revision includes revised 9VAC5-40-7400 and 9VAC5-40-7420 which incorporate EPA's compliance date for implementation of RACT requirements for the 2008 8-hour ozone NAAQS (i.e., January 1, 2017) into VADEQ's regulations. The SIP revision consists of amended versions of 9VAC5-40-7400 and 9VAC5-40-7420, which were previously included in the Virginia SIP, to add notification and compliance dates for RACT case-by-case determinations to meet CAA deadlines for implementing RACT for major stationary sources of NOX and VOC within Virginia for the 2008 8-hour ozone NAAQS. These provisions now include the RACT compliance date stated in EPA's implementation rule for the 2008 8-hour ozone NAAQS. The notification date included in the Virginia regulations is the date by which facilities subject to RACT for the 2008 ozone NAAQS must notify the State Air Pollution Control Board of their applicability status, commit to making a RACT determination, and provide an acceptable schedule for implementing the proposed RACT determination so the source achieves compliance with the RACT emission standard as expeditiously as possible, but no later than the compliance date of January 1, 2017 as required by CAA. Specifically, in section 9VAC5-40-7400, pertaining to stationary sources of VOCs, Table 4-51B was amended to add the 2008 8-hour ozone standard, emissions control area, source threshold limit in tpy which subjects sources to VOC RACT, date for submission of notification to VADEQ, and the compliance date to implement RACT. Table 1, in this rulemaking action, describes Table 4-51B, Notification and Compliance Dates for Facilities Located in VOC Emissions Control Areas. Table 1--Notification and Compliance Dates for Facilities Located in VOC Emissions Control Areas ---------------------------------------------------------------------------------------------------------------- Emissions control Standard area Source threshold Notification date Compliance date ---------------------------------------------------------------------------------------------------------------- 1997 (0.08 ppm)................. Northern Virginia. >=50 tpy.......... March 1, 2007..... April 1, 2009. 2008 (0.075 ppm)................ Northern Virginia. >=50 tpy.......... February 1, 2016.. January 1, 2017. ---------------------------------------------------------------------------------------------------------------- In section 9VAC5-40-7420, pertaining to stationary sources of NOX , Table 4-51E and Table 4-51F were amended to include the 2008 8-hour ozone standard, emissions control area, source threshold limit in tpy which subjects sources to NOX RACT, date for submission of notification to VADEQ, and compliance date to implement RACT. Table 2, of this rulemaking action, describes Table 4-51E for facilities in an emission control area where there is no applicable presumptive RACT. Table 3, of this rulemaking action describes Table 4- 51F which pertains to facilities in an emission control area where presumptive RACT is defined or applicable. Table 2--Notification and Compliance Dates for Facilities Located in NOX Emissions Control Areas for Which There Is No Presumptive RACT ---------------------------------------------------------------------------------------------------------------- Emissions control Standard area Source threshold Notification date Compliance date ---------------------------------------------------------------------------------------------------------------- 1997 (0.08 ppm)................. Northern Virginia. >=100 tpy......... March 1, 2007..... April 1, 2009 2008 (0.075 ppm)................ Northern Virginia. >=100 tpy......... February 1, 2016.. January 1, 2017 ---------------------------------------------------------------------------------------------------------------- Table 3--Notification and Compliance Dates for Facilities Located in NOX Emissions Control Areas for Which Presumptive RACT Is Defined ---------------------------------------------------------------------------------------------------------------- Emissions control Standard area Source threshold Notification date Compliance date ---------------------------------------------------------------------------------------------------------------- 1997 (0.08 ppm)................. Northern Virginia. >=100 tpy......... March 1, 2007..... April 1, 2009 2008 (0.075 ppm)................ Northern Virginia. >=100 tpy......... February 1, 2016.. January 1, 2017 ---------------------------------------------------------------------------------------------------------------- The amendments to 9VAC5-40-7400 and 9VAC5-40-7420 are consistent with the federal requirements for RACT implementation for the 2008 8- hour ozone NAAQS contained within EPA's final implementation rule for this NAAQS and with CAA requirements for RACT in CAA sections 172, 182, and 184. See 80 FR 12264. III. Final Action EPA is approving the February 5, 2016 SIP submission from Virginia which includes amended Virginia regulations to include notification and [[Page 54508]] compliance dates for the submission and implementation of case-by-case RACT to address requirements for the 2008 8-hour NAAQS. 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 17, 2016 without further notice unless EPA receives adverse comment by September 15, 2016. 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. 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. IV. General Information Pertaining to SIP Submittals From the Commonwealth of Virginia In 1995, Virginia adopted legislation that provides, subject to certain conditions, for an environmental assessment (audit) ``privilege'' for voluntary compliance evaluations performed by a regulated entity. The legislation further addresses the relative burden of proof for parties either asserting the privilege or seeking disclosure of documents for which the privilege is claimed. Virginia's legislation also provides, subject to certain conditions, for a penalty waiver for violations of environmental laws when a regulated entity discovers such violations pursuant to a voluntary compliance evaluation and voluntarily discloses such violations to the Commonwealth and takes prompt and appropriate measures to remedy the violations. Virginia's Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1- 1198, provides a privilege that protects from disclosure documents and information about the content of those documents that are the product of a voluntary environmental assessment. The Privilege Law does not extend to documents or information that: (1) Are generated or developed before the commencement of a voluntary environmental assessment; (2) are prepared independently of the assessment process; (3) demonstrate a clear, imminent and substantial danger to the public health or environment; or (4) are required by law. On January 12, 1998, the Commonwealth of Virginia Office of the Attorney General provided a legal opinion that states that the Privilege Law, Va. Code Sec. 10.1-1198, precludes granting a privilege to documents and information ``required by law,'' including documents and information ``required by federal law to maintain program delegation, authorization or approval,'' since Virginia must ``enforce federally authorized environmental programs in a manner that is no less stringent than their federal counterparts. . . .'' The opinion concludes that ``[r]egarding Sec. 10.1-1198, therefore, documents or other information needed for civil or criminal enforcement under one of these programs could not be privileged because such documents and information are essential to pursuing enforcement in a manner required by federal law to maintain program delegation, authorization or approval.'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent consistent with requirements imposed by federal law,'' any person making a voluntary disclosure of information to a state agency regarding a violation of an environmental statute, regulation, permit, or administrative order is granted immunity from administrative or civil penalty. The Attorney General's January 12, 1998 opinion states that the quoted language renders this statute inapplicable to enforcement of any federally authorized programs, since ``no immunity could be afforded from administrative, civil, or criminal penalties because granting such immunity would not be consistent with federal law, which is one of the criteria for immunity.'' Therefore, EPA has determined that Virginia's Privilege and Immunity statutes will not preclude the Commonwealth from enforcing its program consistent with the federal requirements. In any event, because EPA has also determined that a state audit privilege and immunity law can affect only state enforcement and cannot have any impact on federal enforcement authorities, EPA may at any time invoke its authority under the CAA, including, for example, sections 113, 167, 205, 211 or 213, to enforce the requirements or prohibitions of the state plan, independently of any state enforcement effort. In addition, citizen enforcement under section 304 of the CAA is likewise unaffected by this, or any, state audit privilege or immunity law. V. 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 VADEQ regulations described in the amendments to 40 CFR 52 set forth below which added notification and compliance dates for sources seeking case-by-case RACT. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or may be viewed 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 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); [[Page 54509]] 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 October 17, 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. 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 pertaining to submission and compliance dates for case-by-case RACT determinations in Virginia for the 2008 8- hour ozone NAAQS may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Volatile organic compounds. Dated: August 2, 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 (c) is amended by revising the entries for Sections 5-40-7400 and 5-40-7420 under 9VAC5, Chapter 40, Part 2, Article 51 to read as follows: Sec. 52.2420 Identification of plan. * * * * * (c) * * * EPA--Approved Virginia Regulations and Statutes ---------------------------------------------------------------------------------------------------------------- State Explanation [former State citation Title/subject effective date EPA approval date SIP citation] ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- 9 VAC 5, Chapter 40 Existing Stationary Sources (Part IV) ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Part 2 Emissions Standards ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Article 51 Stationary Sources Subject to Case-by-Case Control Technology Determinations (Rule 4-51) ---------------------------------------------------------------------------------------------------------------- * * * * * * * 5-40-7400........................ Standard for 12/02/2015 8/16/2016 [Insert Notification and volatile organic Federal Register compliance dates compounds (eight- Citation]. added hour ozone standard). * * * * * * * 5-40-7420........................ Standard for 12/02/2015 8/16/2016 [Insert Notification and nitrogen oxides Federal Register compliance dates (eight-hour ozone Citation]. added standard). * * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 54510]] * * * * * [FR Doc. 2016-19388 Filed 8-15-16; 8:45 am] BILLING CODE 6560-50-P
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purposes of judicial review nor does it CAA for the 2012 annual PM2.5 NAAQS PART 52—APPROVAL AND
extend the time within which a petition for the District may not be challenged PROMULGATION OF
for judicial review may be filed, and later in proceedings to enforce its IMPLEMENTATION PLANS
shall not postpone the effectiveness of requirements. (See section 307(b)(2).)
such rule or action. Parties with ■ 1. The authority citation for part 52
objections to this direct final rule are List of Subjects in 40 CFR Part 52 continues to read as follows:
encouraged to file a comment in Environmental protection, Air Authority: 42 U.S.C. 7401 et seq.
response to the parallel notice of pollution control, Incorporation by
proposed rulemaking for this action Subpart J—District of Columbia
reference, Particulate matter, Reporting
published in the proposed rules section and recordkeeping requirements. In § 52.470, the table in paragraph (e)
of today’s Federal Register, rather than is amended by adding an entry for
file an immediate petition for judicial Dated: August 4, 2016.
Section 110(a)(2) Infrastructure
review of this direct final rule, so that Shawn M. Garvin,
Requirements for the 2012 PM2.5
EPA can withdraw this direct final rule Regional Administrator, Region III. NAAQS to read as follows:
and address the comment in the
proposed rulemaking action. This action 40 CFR part 52 is amended as follows: § 52.470 Identification of plan.
which satisfies certain infrastructure * * * * *
requirements of section 110(a)(2) of the (e) * * *
Name of non-regulatory Applicable geographic State submittal EPA Approval date Additional explanation
SIP revision area date
* * * * * * *
Section 110(a)(2) Infra- District of Columbia ..... 12/28/15 8/16/16, [Insert Federal This action addresses the following CAA ele-
structure Require- Register citation]. ments: 110(a)(2)(A), (B), (C), (D)(i)(I), D(i)(II),
ments for the 2012 (E), (F), (G), (H), (J), (K), (L), and (M). PSD
PM2.5 NAAQS. related portions are addressed by FIP in 40
CFR 52.499.
* * * * * * *
[FR Doc. 2016–19390 Filed 8–15–16; 8:45 am] reasonably available control technology discussion of all points you wish to
BILLING CODE 6560–50–P (RACT) determinations required under make. The EPA will generally not
the 2008 8-hour ozone NAAQS. EPA is consider comments or comment
approving this revision to the Virginia contents located outside of the primary
ENVIRONMENTAL PROTECTION SIP in accordance with the requirements submission (i.e. on the web, cloud, or
AGENCY of the Clean Air Act (CAA). other file sharing system). For
additional submission methods, please
40 CFR Part 52 DATES: This rule is effective on October
contact the person identified in the FOR
17, 2016 without further notice, unless
[EPA–R03–OAR–2016–0210; FRL–9950–71– FURTHER INFORMATION CONTACT section.
EPA receives adverse written comment
Region 3] For the full EPA public comment policy,
by September 15, 2016. If EPA receives
information about CBI or multimedia
Approval and Promulgation of Air such comments, it will publish a timely
submissions, and general guidance on
Quality Implementation Plans; Virginia; withdrawal of the direct final rule in the
making effective comments, please visit
Case-by-Case Reasonably Available Federal Register and inform the public
http://www2.epa.gov/dockets/
Control Technology for the 2008 8- that the rule will not take effect.
commenting-epa-dockets.
Hour Ozone National Ambient Air ADDRESSES: Submit your comments, FOR FURTHER INFORMATION CONTACT:
Quality Standard (NAAQS) identified by Docket ID No. EPA–R03– Leslie Jones Doherty, (215) 814–3409, or
AGENCY: Environmental Protection OAR–2016–0210 at http:// by email at jones.leslie@epa.gov.
Agency (EPA). www.regulations.gov, or via email to SUPPLEMENTARY INFORMATION:
fernandez.cristina@epa.gov. For
ACTION: Direct final rule. I. Background
comments submitted at Regulations.gov,
SUMMARY: The Environmental Protection follow the online instructions for On February 5, 2016, the
Agency (EPA) is taking direct final submitting comments. Once submitted, Commonwealth of Virginia, through the
action to approve a revision to the comments cannot be edited or removed Virginia Department of Environmental
Commonwealth of Virginia’s state from Regulations.gov. For either manner Quality (VADEQ), submitted a formal
implementation plan (SIP). The SIP of submission, the EPA may publish any revision to the Virginia SIP. The SIP
revision includes revised Virginia comment received to its public docket. revision submittal includes revised
regulations which incorporate Do not submit electronically any provisions within 9VAC5 Chapter 40,
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compliance dates necessary for information you consider to be Existing Stationary Sources, to include
implementing planning requirements confidential business information (CBI) revised notification and compliance
for the 2008 8-hour ozone national or other information whose disclosure is dates for sources subject to RACT for the
ambient air quality standard (NAAQS). restricted by statute. Multimedia 2008 8-hour ozone NAAQS to submit a
Specifically, the SIP revision includes submissions (audio, video, etc.) must be case-by-case RACT demonstration to
revised Virginia regulations which accompanied by a written comment. VADEQ.
added notification and compliance The written comment is considered the On March 27, 2008, EPA revised the
dates for sources seeking case-by-case official comment and should include 8-hour ozone standard to a new 0.075
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compliance dates for the submission are prepared independently of the V. Incorporation by Reference
and implementation of case-by-case assessment process; (3) demonstrate a In this rulemaking action, the EPA is
RACT to address requirements for the clear, imminent and substantial danger finalizing regulatory text that includes
2008 8-hour NAAQS. EPA is publishing to the public health or environment; or incorporation by reference. In
this rule without prior proposal because (4) are required by law. accordance with requirements of 1 CFR
EPA views this as a noncontroversial On January 12, 1998, the 51.5, the EPA is finalizing the
amendment and anticipates no adverse Commonwealth of Virginia Office of the
incorporation by reference of VADEQ
comment. However, in the ‘‘Proposed Attorney General provided a legal
regulations described in the
Rules’’ section of today’s Federal opinion that states that the Privilege
amendments to 40 CFR 52 set forth
Register, EPA is publishing a separate Law, Va. Code § 10.1–1198, precludes
below which added notification and
document that will serve as the proposal granting a privilege to documents and
compliance dates for sources seeking
to approve the SIP revision if adverse information ‘‘required by law,’’
case-by-case RACT. The EPA has made,
comments are filed. This rule will be including documents and information
and will continue to make, these
effective on October 17, 2016 without ‘‘required by federal law to maintain
documents generally available
further notice unless EPA receives program delegation, authorization or
electronically through
adverse comment by September 15, approval,’’ since Virginia must ‘‘enforce
federally authorized environmental www.regulations.gov and/or may be
2016. If EPA receives adverse comment,
programs in a manner that is no less viewed at the appropriate EPA office
EPA will publish a timely withdrawal in
stringent than their federal counterparts. (see the ADDRESSES section of this
the Federal Register informing the
. . .’’ The opinion concludes that preamble for more information).
public that the rule will not take effect.
EPA will address all public comments ‘‘[r]egarding § 10.1–1198, therefore, VI. Statutory and Executive Order
in a subsequent final rule based on the documents or other information needed Reviews
proposed rule. EPA will not institute a for civil or criminal enforcement under
second comment period on this action. one of these programs could not be A. General Requirements
Any parties interested in commenting privileged because such documents and Under the CAA, the Administrator is
must do so at this time. Please note that information are essential to pursuing required to approve a SIP submission
if EPA receives adverse comment on an enforcement in a manner required by that complies with the provisions of the
amendment, paragraph, or section of federal law to maintain program CAA and applicable Federal regulations.
this rule and if that provision may be delegation, authorization or approval.’’ 42 U.S.C. 7410(k); 40 CFR 52.02(a).
severed from the remainder of the rule, Virginia’s Immunity law, Va. Code Sec. Thus, in reviewing SIP submissions,
EPA may adopt as final those provisions 10.1–1199, provides that ‘‘[t]o the extent EPA’s role is to approve state choices,
of the rule that are not the subject of an consistent with requirements imposed provided that they meet the criteria of
adverse comment. by federal law,’’ any person making a the CAA. Accordingly, this action
voluntary disclosure of information to a merely approves state law as meeting
IV. General Information Pertaining to state agency regarding a violation of an federal requirements and does not
SIP Submittals From the environmental statute, regulation, impose additional requirements beyond
Commonwealth of Virginia permit, or administrative order is those imposed by state law. For that
In 1995, Virginia adopted legislation granted immunity from administrative reason, this action:
that provides, subject to certain or civil penalty. The Attorney General’s • Is not a ‘‘significant regulatory
conditions, for an environmental January 12, 1998 opinion states that the action’’ subject to review by the Office
assessment (audit) ‘‘privilege’’ for quoted language renders this statute of Management and Budget under
voluntary compliance evaluations inapplicable to enforcement of any Executive Orders 12866 (58 FR 51735,
performed by a regulated entity. The federally authorized programs, since October 4, 1993) and 13563 (76 FR 3821,
legislation further addresses the relative ‘‘no immunity could be afforded from January 21, 2011);
burden of proof for parties either administrative, civil, or criminal • does not impose an information
asserting the privilege or seeking penalties because granting such collection burden under the provisions
disclosure of documents for which the immunity would not be consistent with of the Paperwork Reduction Act (44
privilege is claimed. Virginia’s federal law, which is one of the criteria U.S.C. 3501 et seq.);
legislation also provides, subject to for immunity.’’ • is certified as not having a
certain conditions, for a penalty waiver Therefore, EPA has determined that significant economic impact on a
for violations of environmental laws Virginia’s Privilege and Immunity substantial number of small entities
when a regulated entity discovers such statutes will not preclude the under the Regulatory Flexibility Act (5
violations pursuant to a voluntary Commonwealth from enforcing its U.S.C. 601 et seq.);
compliance evaluation and voluntarily program consistent with the federal • does not contain any unfunded
discloses such violations to the requirements. In any event, because mandate or significantly or uniquely
Commonwealth and takes prompt and EPA has also determined that a state affect small governments, as described
appropriate measures to remedy the audit privilege and immunity law can in the Unfunded Mandates Reform Act
violations. Virginia’s Voluntary affect only state enforcement and cannot of 1995 (Pub. L. 104–4);
Environmental Assessment Privilege have any impact on federal enforcement • does not have federalism
Law, Va. Code Sec. 10.1–1198, provides authorities, EPA may at any time invoke implications as specified in Executive
a privilege that protects from disclosure its authority under the CAA, including, Order 13132 (64 FR 43255, August 10,
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documents and information about the for example, sections 113, 167, 205, 211 1999);
content of those documents that are the or 213, to enforce the requirements or • is not an economically significant
product of a voluntary environmental prohibitions of the state plan, regulatory action based on health or
assessment. The Privilege Law does not independently of any state enforcement safety risks subject to Executive Order
extend to documents or information effort. In addition, citizen enforcement 13045 (62 FR 19885, April 23, 1997);
that: (1) Are generated or developed under section 304 of the CAA is • is not a significant regulatory action
before the commencement of a likewise unaffected by this, or any, state subject to Executive Order 13211 (66 FR
voluntary environmental assessment; (2) audit privilege or immunity law. 28355, May 22, 2001);
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• is not subject to requirements of of the United States. EPA will submit a pertaining to submission and
Section 12(d) of the National report containing this action and other compliance dates for case-by-case RACT
Technology Transfer and Advancement required information to the U.S. Senate, determinations in Virginia for the 2008
Act of 1995 (15 U.S.C. 272 note) because the U.S. House of Representatives, and 8-hour ozone NAAQS may not be
application of those requirements would the Comptroller General of the United challenged later in proceedings to
be inconsistent with the CAA; and States prior to publication of the rule in enforce its requirements. (See section
• does not provide EPA with the the Federal Register. A major rule 307(b)(2).)
discretionary authority to address, as cannot take effect until 60 days after it
List of Subjects in 40 CFR Part 52
appropriate, disproportionate human is published in the Federal Register.
health or environmental effects, using This action is not a ‘‘major rule’’ as Environmental protection, Air
practicable and legally permissible defined by 5 U.S.C. 804(2). pollution control, Incorporation by
methods, under Executive Order 12898 reference, Nitrogen dioxide, Ozone,
C. Petitions for Judicial Review Volatile organic compounds.
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on Under section 307(b)(1) of the CAA, Dated: August 2, 2016.
any Indian reservation land as defined petitions for judicial review of this Shawn M. Garvin,
in 18 U.S.C. 1151 or in any other area action must be filed in the United States Regional Administrator, Region III.
where EPA or an Indian tribe has Court of Appeals for the appropriate
demonstrated that a tribe has circuit by October 17, 2016. Filing a 40 CFR part 52 is amended as follows:
jurisdiction. In those areas of Indian petition for reconsideration by the
PART 52—APPROVAL AND
country, the rule does not have tribal Administrator of this final rule does not
PROMULGATION OF
implications and will not impose affect the finality of this action for the
IMPLEMENTATION PLANS
substantial direct costs on tribal purposes of judicial review nor does it
governments or preempt tribal law as extend the time within which a petition ■ 1. The authority citation for part 52
specified by Executive Order 13175 (65 for judicial review may be filed, and continues to read as follows:
FR 67249, November 9, 2000). shall not postpone the effectiveness of
such rule or action. Parties with Authority: 42 U.S.C. 7401 et seq.
B. Submission to Congress and the
objections to this direct final rule are Subpart VV—Virginia
Comptroller General
encouraged to file a comment in
The Congressional Review Act, 5 response to the parallel notice of ■ 2. In § 52.2420, the table in paragraph
U.S.C. 801 et seq., as added by the Small proposed rulemaking for this action (c) is amended by revising the entries
Business Regulatory Enforcement published in the proposed rules section for Sections 5–40–7400 and 5–40–7420
Fairness Act of 1996, generally provides of today’s Federal Register, rather than under 9VAC5, Chapter 40, Part 2,
that before a rule may take effect, the file an immediate petition for judicial Article 51 to read as follows:
agency promulgating the rule must review of this direct final rule, so that
submit a rule report, which includes a EPA can withdraw this direct final rule § 52.2420 Identification of plan.
copy of the rule, to each House of the and address the comment in the * * * * *
Congress and to the Comptroller General proposed rulemaking action. This action (c) * * *
EPA—APPROVED VIRGINIA REGULATIONS AND STATUTES
State effective Explanation [former SIP cita-
State citation Title/subject EPA approval date
date tion]
* * * * * * *
9 VAC 5, Chapter 40 Existing Stationary Sources (Part IV)
* * * * * * *
Part 2 Emissions Standards
* * * * * * *
Article 51 Stationary Sources Subject to Case-by-Case Control Technology Determinations (Rule 4–51)
* * * * * * *
5–40–7400 .............................. Standard for volatile organic 12/02/2015 8/16/2016 [Insert Federal Notification and compliance
compounds (eight-hour Register Citation]. dates added
asabaliauskas on DSK3SPTVN1PROD with RULES
ozone standard).
* * * * * * *
5–40–7420 .............................. Standard for nitrogen oxides 12/02/2015 8/16/2016 [Insert Federal Notification and compliance
(eight-hour ozone standard). Register Citation]. dates added
* * * * * * *
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![54510 Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Rules and Regulations
* * * * * Classification System (NAICS) codes is other information whose disclosure is
[FR Doc. 2016–19388 Filed 8–15–16; 8:45 am] not intended to be exhaustive, but rather restricted by statute.
BILLING CODE 6560–50–P provides a guide to help readers • Mail: OPP Docket, Environmental
determine whether this document Protection Agency Docket Center (EPA/
applies to them. Potentially affected DC), (28221T), 1200 Pennsylvania Ave.
ENVIRONMENTAL PROTECTION entities may include: NW., Washington, DC 20460–0001.
AGENCY • Crop production (NAICS code 111). • Hand Delivery: To make special
• Animal production (NAICS code arrangements for hand delivery or
40 CFR Part 180 delivery of boxed information, please
112).
[EPA–HQ–OPP–2015–0652; FRL–9949–21] • Food manufacturing (NAICS code follow the instructions at http://
311). www.epa.gov/dockets/contacts.html.
Flumioxazin; Pesticide Tolerances • Pesticide manufacturing (NAICS Additional instructions on commenting
code 32532). or visiting the docket, along with more
AGENCY: Environmental Protection
information about dockets generally, is
Agency (EPA). B. How can I get electronic access to available at http://www.epa.gov/
ACTION: Final rule. other related information? dockets.
SUMMARY: This regulation establishes You may access a frequently updated II. Summary of Petitioned-For
tolerances for residues of flumioxazin in electronic version of EPA’s tolerance Tolerance
or on soybean forage and hay. Valent regulations at 40 CFR part 180 through
In the Federal Register of April 25,
U.S.A. Corporation requested these the Government Printing Office’s e-CFR
2016 (81 FR 24046) (FRL–9944–86),
tolerances under the Federal Food, site at http://www.ecfr.gov/cgi-bin/text-
EPA issued a document pursuant to
Drug, and Cosmetic Act (FFDCA). idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ FFDCA section 408(d)(3), 21 U.S.C.
DATES: This regulation is effective 40tab_02.tpl. To access the OCSPP test 346a(d)(3), announcing the filing of a
August 16, 2016. Objections and guidelines referenced in this document pesticide petition (PP 5F8353) by Valent
requests for hearings must be received electronically, please go to http:// USA Corporation, 1600 Riviera Avenue,
on or before October 17, 2016, and must www.epa.gov/ocspp and select ‘‘Test Suite 200, Walnut Creek, CA 94596
be filed in accordance with the Methods and Guidelines.’’ U.S.A. The petition requested that 40
instructions provided in 40 CFR part C. How can I file an objection or hearing CFR 180.180.568 be amended by
178 (see also Unit I.C. of the request? establishing tolerances for residues of
SUPPLEMENTARY INFORMATION). the herbicide flumioxazin, in or on
ADDRESSES: The docket for this action, Under FFDCA section 408(g), 21 soybean forage at 0.05 parts per million
identified by docket identification (ID) U.S.C. 346a, any person may file an (ppm) and hay at 0.02 ppm. That
number EPA–HQ–OPP–2015–0652, is objection to any aspect of this regulation document referenced a summary of the
available at http://www.regulations.gov and may also request a hearing on those petition prepared by Valent USA
or at the Office of Pesticide Programs objections. You must file your objection Corporation, the registrant, which is
Regulatory Public Docket (OPP Docket) or request a hearing on this regulation available in the docket, http://
in the Environmental Protection Agency in accordance with the instructions www.regulations.gov. There were no
Docket Center (EPA/DC), West William provided in 40 CFR part 178. To ensure comments received in response to the
Jefferson Clinton Bldg., Rm. 3334, 1301 proper receipt by EPA, you must notice of filing.
Constitution Ave. NW., Washington, DC identify docket ID number EPA–HQ– Based upon review of the data
20460–0001. The Public Reading Room OPP–2015–0652 in the subject line on supporting the petition, EPA has
is open from 8:30 a.m. to 4:30 p.m., the first page of your submission. All determined that the tolerance for
Monday through Friday, excluding legal objections and requests for a hearing soybean forage should be lowered from
holidays. The telephone number for the must be in writing, and must be the proposed level of 0.05 ppm to 0.03
Public Reading Room is (202) 566–1744, received by the Hearing Clerk on or ppm. The reason for these changes are
and the telephone number for the OPP before October 17, 2016. Addresses for explained in Unit IV.D.
Docket is (703) 305–5805. Please review mail and hand delivery of objections
and hearing requests are provided in 40 III. Aggregate Risk Assessment and
the visitor instructions and additional
CFR 178.25(b). Determination of Safety
information about the docket available
at http://www.epa.gov/dockets. In addition to filing an objection or Section 408(b)(2)(A)(i) of FFDCA
FOR FURTHER INFORMATION CONTACT:
hearing request with the Hearing Clerk allows EPA to establish a tolerance (the
Registration Division (7505P), Office of as described in 40 CFR part 178, please legal limit for a pesticide chemical
Pesticide Programs, Environmental submit a copy of the filing (excluding residue in or on a food) only if EPA
Protection Agency, 1200 Pennsylvania any Confidential Business Information determines that the tolerance is ‘‘safe.’’
Ave. NW., Washington, DC 20460–0001; (CBI)) for inclusion in the public docket. Section 408(b)(2)(A)(ii) of FFDCA
main telephone number: (703) 305– Information not marked confidential defines ‘‘safe’’ to mean that ‘‘there is a
7090; email address: pursuant to 40 CFR part 2 may be reasonable certainty that no harm will
RDFRNotices@epa.gov. disclosed publicly by EPA without prior result from aggregate exposure to the
notice. Submit the non-CBI copy of your pesticide chemical residue, including
SUPPLEMENTARY INFORMATION: objection or hearing request, identified all anticipated dietary exposures and all
asabaliauskas on DSK3SPTVN1PROD with RULES
I. General Information by docket ID number EPA–HQ–OPP– other exposures for which there is
2015–0652, by one of the following reliable information.’’ This includes
A. Does this action apply to me? methods: exposure through drinking water and in
You may be potentially affected by • Federal eRulemaking Portal: http:// residential settings, but does not include
this action if you are an agricultural www.regulations.gov. Follow the online occupational exposure. Section
producer, food manufacturer, or instructions for submitting comments. 408(b)(2)(C) of FFDCA requires EPA to
pesticide manufacturer. The following Do not submit electronically any give special consideration to exposure
list of North American Industrial information you consider to be CBI or of infants and children to the pesticide
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Document Created: 2016-08-16 03:20:13
Document Modified: 2016-08-16 03:20:13
| 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 17, 2016 without further notice, unless EPA receives adverse written comment by September 15, 2016. 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 | Leslie Jones Doherty, (215) 814-3409, or by email at [email protected] | |
| FR Citation | 81 FR 54506 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone and Volatile Organic Compounds |
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