82 FR 39031 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revisions To Implement the Revocation of the 1997 Ozone NAAQS
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 158 (August 17, 2017)
Federal Register Volume 82, Issue 158 (August 17, 2017)
| Page Range | 39031-39035 | |
| FR Document | 2017-17235 |
[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)] [Rules and Regulations] [Pages 39031-39035] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17235] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2017-0382; FRL-9966-31-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revisions To Implement the Revocation of the 1997 Ozone NAAQS AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Commonwealth of Virginia state implementation plan (SIP). The revisions pertain to amendments made to the Virginia Administrative Code. These amendments updated the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution to be consistent with EPA's final rule implementing the 2008 ozone national ambient air quality standards (NAAQS) and revoking the 1997 ozone NAAQS. See 80 FR 12264 (March 6, 2015). The amendments revised a regulation listing nonattainment areas under the 1997 ozone NAAQS and a regulation regarding the 1997 ozone standard to reflect the revocation of the 1997 ozone NAAQS, which was effective April 6, 2015. The amendments also added clarifying text to two transportation and general conformity regulations in order to reflect the revocation of the 1997 ozone NAAQS. EPA is approving these revisions updating the Virginia Administrative Code to reflect the revocation of the 1997 ozone NAAQS in accordance with the requirements of the Clean Air Act (CAA). DATES: This rule is effective on October 16, 2017 without further notice, unless EPA receives adverse written comment by September 18, 2017. 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-2017-0382 at https://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, EPA may publish any comment received to its public docket. Do not submit electronically any [[Page 39032]] 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. 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: Sara Calcinore, (215) 814-2043, or by e-mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background Ground level ozone is formed when nitrogen oxides (NOX ) and volatile organic compounds (VOC) react in the presence of sunlight. NOX and VOC are referred to as ozone precursors and are emitted by many types of pollution sources, including motor vehicles, power plants, industrial facilities, and area wide sources, such as consumer products and lawn and garden equipment. Scientific evidence indicates that adverse public health effects occur following exposure to ozone. These effects are more pronounced in children and adults with lung disease. Breathing air containing ozone can reduce lung function and inflame airways, which can increase respiratory symptoms and aggravate asthma or other lung diseases. In response to this scientific evidence, EPA promulgated in 1979 the first ozone NAAQS, the 0.12 part per million (ppm) 1-hour ozone NAAQS. See 44 FR 8202 (February 8, 1979). EPA is required to review and reevaluate the ozone NAAQS every 5 years in order to consider updated information regarding the effects of ozone on human health and the environment. Since February 8, 1979, the date of the first ozone NAAQS promulgation, EPA has reviewed and revised the ozone standard to protect the public health and welfare. On July 18, 1997, EPA promulgated a revised ozone NAAQS, referred to as the 1997 ozone NAAQS, of 0.08 ppm averaged over eight hours. 62 FR 38855. This 8-hour ozone NAAQS was determined to be more protective of public health than the previous 1979 1-hour ozone NAAQS. In 2008, EPA revised the 8-hour ozone NAAQS from 0.08 to 0.075 ppm. The 0.075 ppm standard is referred to as the 2008 ozone NAAQS. See 73 FR 16436 (March 27, 2008).\1\ --------------------------------------------------------------------------- \1\ On October 1, 2015, EPA strengthened the ground-level ozone NAAQS to 0.070 ppm. See 80 FR 65292 (October 26, 2015). This rulemaking addresses the 2008 ozone NAAQS and does not address the 2015 ozone NAAQS. --------------------------------------------------------------------------- On March 6, 2015, EPA established a final rule addressing a range of nonattainment area SIP requirements for the 2008 ozone NAAQS. 80 FR 12264. This final rule also revoked the 1997 ozone NAAQS as of April 6, 2015 and established anti-backsliding requirements that became effective once the 1997 ozone NAAQS was revoked. The anti-backsliding provisions in 40 CFR 51.1105 require States to retain all applicable control requirements for the 1997 ozone NAAQS, while enabling areas, where possible, to focus planning efforts on meeting the more protective 2008 ozone NAAQS. On February 10, 2017, the Commonwealth of Virginia Department of Environmental Quality (DEQ) submitted a formal SIP revision (Revision G16). The SIP revision consists of amendments made to the Virginia Administrative Code to reflect the revocation of the 1997 ozone NAAQS according to the final rule established by EPA on March 6, 2015 implementing the 2008 ozone NAAQS. II. Summary of SIP Revision and EPA Analysis The February 10, 2017 SIP revision submittal includes amended versions of provisions in the State Air Pollution Control Board's Regulation for the Control and Abatement of Air Pollution including 9VAC5-20-204, 9VAC5-30-55, 9VAC5-151-20, and 9VAC5-160-30, which were adopted by the State Air Pollution Control Board on September 9, 2016 and effective November 16, 2016. Virginia requests that EPA approve this submittal so that these amended regulations become part of the Virginia SIP. The amendment to 9VAC5-20-204 added text to the section stating that the list of Northern Virginia moderate nonattainment areas under the 1997 ozone NAAQS is no longer effective after April 6, 2015, the effective date of the revocation of the 1997 ozone NAAQS. See 80 FR 12264 (March 6, 2015). The amendment to 9VAC5-30-55 added text to the section stating that the primary and secondary ambient air quality standard of 0.08 ppm shall no longer apply after April 6, 2015. Virginia also amended the Regulation for Transportation Conformity and the Regulation for General Conformity by adding clarifying text to 9VAC5-151-20 and 9VAC5-160-30 stating that ``The provisions of this chapter shall not apply in nonattainment and maintenance areas that were designated nonattainment or maintenance under a federal standard that has been revoked.'' These revisions to the Virginia Administrative Code reflect EPA's revocation of the 1997 ozone NAAQS. EPA's review of this material indicates the February 10, 2017 submittal is approvable as it revises regulations to be consistent with EPA's final rule implementing the 2008 ozone NAAQS. See 80 FR 12264 (March 6, 2015). The revisions update regulations to reflect the revocation of the 1997 NAAQS, which was effective April 6, 2015. Therefore, the revisions do not affect emissions of air pollutants or interfere with any applicable requirement concerning attainment of reasonable further progress or any other applicable requirements in the CAA. Thus, EPA finds the revision approvable in accordance with section 110, including section 110(l), of the CAA. III. Final Action EPA is approving the Virginia SIP revision submitted on February 10, 2017, which includes revisions to several sections of the Virginia Administrative Code, including 9VAC5-20-204, 9VAC5-30-55, 9VAC5-151-20, and 9VAC5-160-30 which will be incorporated by reference into the Virginia SIP. 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 16, 2017 without further notice unless EPA receives adverse comment by September 18, 2017. 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, [[Page 39033]] EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. V. 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 rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the revisions to 9VAC5-20-204, 9VAC5-30-55, 9VAC5-151-20, and 9VAC5-160-30 of the State Air Pollution Control Board's Regulation for the Control and Abatement of Air Pollution discussed in Section II of this preamble. Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update of the SIP compilation.\2\ EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region III Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). --------------------------------------------------------------------------- \2\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- 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); 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 [[Page 39034]] 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 16, 2017. 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 to approve revised provisions of the Virginia Administrative Code including 9VAC5-20-204, 9VAC5-30-55, 9VAC5-151-20, and 9VAC5-160-30 for inclusion in the Virginia SIP may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: August 3, 2017. Cecil Rodrigues, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart VV--Virginia 0 2. In Sec. 52.2420, the table in paragraph (c) is amended by revising the entries for Sections 5-20-204, 5-30-55, 5-151-20, and 5-160-30. The revised text reads as follows: Sec. 52.2420 Identification of plan. * * * * * (c) * * * EPA-Approved Virginia Regulations and Statutes ---------------------------------------------------------------------------------------------------------------- State Explanation [former SIP State citation Title/subject effective date EPA approval date citation] ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- 9 VAC 5, Chapter 20 General Provisions ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Part II Air Quality Programs ---------------------------------------------------------------------------------------------------------------- * * * * * * * 5-20-204................ Nonattainment Areas.. 11/16/16 8/17/17, [Insert Addition of Subdivision Federal Register C. Citation]. Previous approval 8/14/ 15. * * * * * * * ---------------------------------------------------------------------------------------------------------------- 9 VAC 5, Chapter 30 Ambient Air Quality Standards [Part III] ---------------------------------------------------------------------------------------------------------------- * * * * * * * 5-30-55................. Ozone (8-hour, 0.08 11/16/16 8/17/17, [Insert Subdivision D. is revised ppm). Federal Register to read that the 1997 8- Citation]. hour ozone NAAQS no longer apply after April 6, 2015. Previous approval 6/11/ 13. ---------------------------------------------------------------------------------------------------------------- * * * * * * * 9 VAC 5, Chapter 151 Transportation Conformity ---------------------------------------------------------------------------------------------------------------- [[Page 39035]] * * * * * * * ---------------------------------------------------------------------------------------------------------------- Part II General Provisions ---------------------------------------------------------------------------------------------------------------- * * * * * * * 5-151-20................ Applicability........ 11/16/16 8/17/17, [Insert Subdivision B. is amended Federal Register to address revoked Citation]. federal standards. Previous approval 11/20/ 09. * * * * * * * ---------------------------------------------------------------------------------------------------------------- 9 VAC 5, Chapter 160 General Conformity ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Part II General Provisions ---------------------------------------------------------------------------------------------------------------- * * * * * * * 5-160-30................ Applicability........ 11/16/16 8/17/17, [Insert Subdivision A. is amended Federal Register to address revoked Citation]. federal standards. Previous approval 12/12/ 11. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-17235 Filed 8-16-17; 8:45 am] BILLING CODE 6560-50-P
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in the Unfunded Mandates Reform Act petition for judicial review may be filed, ENVIRONMENTAL PROTECTION
of 1995 (Pub. L. 104–4); and shall not postpone the effectiveness AGENCY
• Does not have federalism of such rule or action. This action may
implications as specified in Executive not be challenged later in proceedings to 40 CFR Part 52
Order 13132 (64 FR 43255, August 10, enforce its requirements. (See CAA [EPA–R03–OAR–2017–0382; FRL–9966–31–
1999); Section 307(b)(2)). Region 3]
• Is not an economically significant
regulatory action based on health or List of Subjects in 40 CFR Part 52 Approval and Promulgation of Air
safety risks subject to Executive Order Quality Implementation Plans; Virginia;
13045 (62 FR 19885, April 23, 1997); Environmental protection, Air
Revisions To Implement the
• Is not a significant regulatory action pollution control, Carbon monoxide, Revocation of the 1997 Ozone NAAQS
subject to Executive Order 13211 (66 FR Incorporation by reference,
28355, May 22, 2001); Intergovernmental relations, AGENCY: Environmental Protection
• Is not subject to requirements of Greenhouse gases, Lead, Nitrogen Agency (EPA).
section 12(d) of the National dioxide, Ozone, Particulate matter, ACTION: Direct final rule.
Technology Transfer and Advancement Reporting and recordkeeping
Act of 1995 (15 U.S.C. 272 note) because SUMMARY: The Environmental Protection
requirements, Sulfur oxides, Volatile Agency (EPA) is taking direct final
application of those requirements would organic compounds.
be inconsistent with the Clean Air Act; action to approve revisions to the
and Authority: 42 U.S.C. 7401 et seq. Commonwealth of Virginia state
• Does not provide the EPA with the Dated: July 28, 2017.
implementation plan (SIP). The
discretionary authority to address, as revisions pertain to amendments made
Debra H. Thomas, to the Virginia Administrative Code.
appropriate, disproportionate human
Acting Regional Administrator, Region 8. These amendments updated the State
health or environmental effects, using
practicable and legally permissible 40 CFR part 52 is amended to read as Air Pollution Control Board’s
methods, under Executive Order 12898 Regulations for the Control and
follows:
(59 FR 7629, February 16, 1994). Abatement of Air Pollution to be
In addition, the SIP is not approved PART 52—APPROVAL AND consistent with EPA’s final rule
to apply on any Indian reservation land PROMULGATION OF implementing the 2008 ozone national
or in any other area where the EPA or ambient air quality standards (NAAQS)
IMPLEMENTATION PLANS
an Indian tribe has demonstrated that a and revoking the 1997 ozone NAAQS.
tribe has jurisdiction. In those areas of See 80 FR 12264 (March 6, 2015). The
■ 1. The authority citation for part 52 amendments revised a regulation listing
Indian country, the rule does not have continues to read as follows:
tribal implications and will not impose nonattainment areas under the 1997
substantial direct costs on tribal Authority: 42 U.S.C. 7401 et seq. ozone NAAQS and a regulation
governments or preempt tribal law as regarding the 1997 ozone standard to
specified by Executive Order 13175 (65 Subpart G—Colorado reflect the revocation of the 1997 ozone
FR 67249, November 9, 2000). NAAQS, which was effective April 6,
The Congressional Review Act, 5 ■ 2. In 52.353, add paragraph (d) to read 2015. The amendments also added
U.S.C. 801 et seq., as added by the Small as follows: clarifying text to two transportation and
Business Regulatory Enforcement general conformity regulations in order
§ 52.353 Section 110(a)(2) infrastructure to reflect the revocation of the 1997
Fairness Act of 1996, generally provides
requirements. ozone NAAQS. EPA is approving these
that before a rule may take effect, the
agency promulgating the rule must * * * * * revisions updating the Virginia
submit a rule report, which includes a (d) The Colorado Department of Administrative Code to reflect the
copy of the rule, to each House of the Public Health and Environment revocation of the 1997 ozone NAAQS in
Congress and to the Comptroller General accordance with the requirements of the
provided submissions to meet
of the United States. The EPA will Clean Air Act (CAA).
infrastructure requirements for the State
submit a report containing this action DATES: This rule is effective on October
of Colorado for the 2010 SO2 and 2012
and other required information to the 16, 2017 without further notice, unless
PM2.5 NAAQS were received on July 10,
U.S. Senate, the U.S. House of EPA receives adverse written comment
2013 and December 1, 2015,
Representatives, and the Comptroller by September 18, 2017. If EPA receives
respectively. The State’s Infrastructure such comments, it will publish a timely
General of the United States prior to SIP for the 2010 SO2 and 2012 PM2.5
publication of the rule in the Federal withdrawal of the direct final rule in the
NAAQS is approved with respect to Federal Register and inform the public
Register. A major rule cannot take effect
section (110)(a)(1) and the following that the rule will not take effect.
until 60 days after it is published in the
elements of section (110)(a)(2): (A), (B), ADDRESSES: Submit your comments,
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C. (C) with respect to minor NSR and PSD identified by Docket ID No. EPA–R03–
804(2). requirements, (D)(i)(II), (D)(ii), (E), (F), OAR–2017–0382 at https://
Under Section 307(b)(1) of the Clean (G), (H), (J), (K), (L), and (M). www.regulations.gov, or via email to
Air Act, petitions for judicial review of [FR Doc. 2017–17232 Filed 8–16–17; 8:45 am] stahl.cynthia@epa.gov. For comments
this action must be filed in the United BILLING CODE 6560–50–P submitted at Regulations.gov, follow the
sradovich on DSK3GMQ082PROD with RULES
States Court of Appeals for the online instructions for submitting
appropriate circuit by October 16, 2017. comments. Once submitted, comments
Filing a petition for reconsideration by cannot be edited or removed from
the Administrator of this final rule does Regulations.gov. For either manner of
not affect the finality of this action for submission, EPA may publish any
the purposes of judicial review nor does comment received to its public docket.
it extend the time within which a Do not submit electronically any
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EPA may adopt as final those provisions 10.1–1199, provides that ‘‘[t]o the extent and/or at the EPA Region III Office
of the rule that are not the subject of an consistent with requirements imposed (please contact the person identified in
adverse comment. by federal law,’’ any person making a the FOR FURTHER INFORMATION CONTACT
voluntary disclosure of information to a section of this preamble for more
V. General Information Pertaining to
state agency regarding a violation of an information).
SIP Submittals From the
environmental statute, regulation,
Commonwealth of Virginia VI. Statutory and Executive Order
permit, or administrative order is
In 1995, Virginia adopted legislation Reviews
granted immunity from administrative
that provides, subject to certain or civil penalty. The Attorney General’s A. General Requirements
conditions, for an environmental January 12, 1998 opinion states that the Under the CAA, the Administrator is
assessment (audit) ‘‘privilege’’ for quoted language renders this statute required to approve a SIP submission
voluntary compliance evaluations inapplicable to enforcement of any that complies with the provisions of the
performed by a regulated entity. The federally authorized programs, since CAA and applicable federal regulations.
legislation further addresses the relative ‘‘no immunity could be afforded from 42 U.S.C. 7410(k); 40 CFR 52.02(a).
burden of proof for parties either administrative, civil, or criminal Thus, in reviewing SIP submissions,
asserting the privilege or seeking penalties because granting such EPA’s role is to approve state choices,
disclosure of documents for which the immunity would not be consistent with provided that they meet the criteria of
privilege is claimed. Virginia’s federal law, which is one of the criteria the CAA. Accordingly, this action
legislation also provides, subject to for immunity.’’ merely approves state law as meeting
certain conditions, for a penalty waiver Therefore, EPA has determined that Federal requirements and does not
for violations of environmental laws Virginia’s Privilege and Immunity impose additional requirements beyond
when a regulated entity discovers such statutes will not preclude the those imposed by state law. For that
violations pursuant to a voluntary Commonwealth from enforcing its reason, this action:
compliance evaluation and voluntarily program consistent with the federal • Is not a ‘‘significant regulatory
discloses such violations to the requirements. In any event, because action’’ subject to review by the Office
Commonwealth and takes prompt and EPA has also determined that a state of Management and Budget under
appropriate measures to remedy the audit privilege and immunity law can Executive Orders 12866 (58 FR 51735,
violations. Virginia’s Voluntary affect only state enforcement and cannot October 4, 1993) and 13563 (76 FR 3821,
Environmental Assessment Privilege have any impact on Federal January 21, 2011);
Law, Va. Code Sec. 10.1–1198, provides enforcement authorities, EPA may at • does not impose an information
a privilege that protects from disclosure any time invoke its authority under the collection burden under the provisions
documents and information about the CAA, including, for example, sections of the Paperwork Reduction Act (44
content of those documents that are the 113, 167, 205, 211 or 213, to enforce the U.S.C. 3501 et seq.);
product of a voluntary environmental requirements or prohibitions of the state • is certified as not having a
assessment. The Privilege Law does not plan, independently of any state significant economic impact on a
extend to documents or information enforcement effort. In addition, citizen substantial number of small entities
that: (1) Are generated or developed enforcement under section 304 of the under the Regulatory Flexibility Act (5
before the commencement of a CAA is likewise unaffected by this, or U.S.C. 601 et seq.);
voluntary environmental assessment; (2) any, state audit privilege or immunity • does not contain any unfunded
are prepared independently of the law. mandate or significantly or uniquely
assessment process; (3) demonstrate a affect small governments, as described
clear, imminent and substantial danger V. Incorporation by Reference
in the Unfunded Mandates Reform Act
to the public health or environment; or In this rule, EPA is finalizing of 1995 (Pub. L. 104–4);
(4) are required by law. regulatory text that includes • does not have federalism
On January 12, 1998, the incorporation by reference. In implications as specified in Executive
Commonwealth of Virginia Office of the accordance with requirements of 1 CFR Order 13132 (64 FR 43255, August 10,
Attorney General provided a legal 51.5, EPA is finalizing the incorporation 1999);
opinion that states that the Privilege by reference of the revisions to 9VAC5– • is not an economically significant
Law, Va. Code § 10.1–1198, precludes 20–204, 9VAC5–30–55, 9VAC5–151–20, regulatory action based on health or
granting a privilege to documents and and 9VAC5–160–30 of the State Air safety risks subject to Executive Order
information ‘‘required by law,’’ Pollution Control Board’s Regulation for 13045 (62 FR 19885, April 23, 1997);
including documents and information the Control and Abatement of Air • is not a significant regulatory action
‘‘required by federal law to maintain Pollution discussed in Section II of this subject to Executive Order 13211 (66 FR
program delegation, authorization or preamble. Therefore, these materials 28355, May 22, 2001);
approval,’’ since Virginia must ‘‘enforce have been approved by EPA for • is not subject to requirements of
federally authorized environmental inclusion in the SIP, have been Section 12(d) of the National
programs in a manner that is no less incorporated by reference by EPA into Technology Transfer and Advancement
stringent than their federal counterparts. that plan, are fully federally enforceable Act of 1995 (15 U.S.C. 272 note) because
. . .’’ The opinion concludes that under sections 110 and 113 of the CAA application of those requirements would
‘‘[r]egarding § 10.1–1198, therefore, as of the effective date of the final be inconsistent with the CAA; and
documents or other information needed rulemaking of EPA’s approval, and will • does not provide EPA with the
for civil or criminal enforcement under be incorporated by reference by the discretionary authority to address, as
sradovich on DSK3GMQ082PROD with RULES
one of these programs could not be Director of the Federal Register in the appropriate, disproportionate human
privileged because such documents and next update of the SIP compilation.2 health or environmental effects, using
information are essential to pursuing EPA has made, and will continue to practicable and legally permissible
enforcement in a manner required by make, these materials generally methods, under Executive Order 12898
federal law to maintain program available through www.regulations.gov (59 FR 7629, February 16, 1994).
delegation, authorization or approval.’’ The SIP is not approved to apply on
Virginia’s Immunity law, Va. Code Sec. 2 62 FR 27968 (May 22, 1997). any Indian reservation land as defined
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![39034 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations
in 18 U.S.C. 1151 or in any other area C. Petitions for Judicial Review List of Subjects in 40 CFR Part 52
where EPA or an Indian tribe has Under section 307(b)(1) of the CAA,
demonstrated that a tribe has Environmental protection, Air
petitions for judicial review of this pollution control, Incorporation by
jurisdiction. In those areas of Indian action must be filed in the United States
country, the rule does not have tribal reference, Nitrogen dioxide, Ozone,
Court of Appeals for the appropriate Reporting and recordkeeping
implications and will not impose circuit by October 16, 2017. Filing a
substantial direct costs on tribal requirements, Volatile organic
petition for reconsideration by the compounds.
governments or preempt tribal law as Administrator of this final rule does not
specified by Executive Order 13175 (65 affect the finality of this action for the Dated: August 3, 2017.
FR 67249, November 9, 2000). purposes of judicial review nor does it Cecil Rodrigues,
B. Submission to Congress and the extend the time within which a petition Acting Regional Administrator, Region III.
Comptroller General for judicial review may be filed, and
shall not postpone the effectiveness of 40 CFR part 52 is amended as follows:
The Congressional Review Act, 5 such rule or action. Parties with
U.S.C. 801 et seq., as added by the Small PART 52—APPROVAL AND
objections to this direct final rule are
Business Regulatory Enforcement PROMULGATION OF
encouraged to file a comment in
Fairness Act of 1996, generally provides IMPLEMENTATION PLANS
response to the parallel notice of
that before a rule may take effect, the proposed rulemaking for this action
agency promulgating the rule must published in the proposed rules section ■ 1. The authority citation for part 52
submit a rule report, which includes a of today’s Federal Register, rather than continues to read as follows:
copy of the rule, to each House of the file an immediate petition for judicial Authority: 42 U.S.C. 7401 et seq.
Congress and to the Comptroller General review of this direct final rule, so that
of the United States. EPA will submit a EPA can withdraw this direct final rule Subpart VV—Virginia
report containing this action and other and address the comment in the
required information to the U.S. Senate, proposed rulemaking action. ■ 2. In § 52.2420, the table in paragraph
the U.S. House of Representatives, and This action to approve revised (c) is amended by revising the entries
the Comptroller General of the United provisions of the Virginia for Sections 5–20–204, 5–30–55, 5–151–
States prior to publication of the rule in Administrative Code including 9VAC5– 20, and 5–160–30. The revised text
the Federal Register. A major rule 20–204, 9VAC5–30–55, 9VAC5–151–20, reads as follows:
cannot take effect until 60 days after it and 9VAC5–160–30 for inclusion in the
§ 52.2420 Identification of plan.
is published in the Federal Register. Virginia SIP may not be challenged later
This action is not a ‘‘major rule’’ as in proceedings to enforce its * * * * *
defined by 5 U.S.C. 804(2). requirements. (See section 307(b)(2).) (c) * * *
EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES
State effective Explanation
State citation Title/subject EPA approval date
date [former SIP citation]
* * * * * * *
9 VAC 5, Chapter 20 General Provisions
* * * * * * *
Part II Air Quality Programs
* * * * * * *
5–20–204 ....... Nonattainment Areas ....... 11/16/16 8/17/17, [Insert Federal Addition of Subdivision C.
Register Citation]. Previous approval 8/14/15.
* * * * * * *
9 VAC 5, Chapter 30 Ambient Air Quality Standards [Part III]
* * * * * * *
5–30–55 ......... Ozone (8-hour, 0.08 ppm) 11/16/16 8/17/17, [Insert Federal Subdivision D. is revised to read that the 1997 8-
Register Citation]. hour ozone NAAQS no longer apply after April 6,
2015.
Previous approval 6/11/13.
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* * * * * * *
9 VAC 5, Chapter 151 Transportation Conformity
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![Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 39035
EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued
State effective Explanation
State citation Title/subject EPA approval date
date [former SIP citation]
* * * * * * *
Part II General Provisions
* * * * * * *
5–151–20 ....... Applicability ...................... 11/16/16 8/17/17, [Insert Federal Subdivision B. is amended to address revoked fed-
Register Citation]. eral standards.
Previous approval 11/20/09.
* * * * * * *
9 VAC 5, Chapter 160 General Conformity
* * * * * * *
Part II General Provisions
* * * * * * *
5–160–30 ....... Applicability ...................... 11/16/16 8/17/17, [Insert Federal Subdivision A. is amended to address revoked fed-
Register Citation]. eral standards.
Previous approval 12/12/11.
* * * * * * *
* * * * * www.regulations.gov. Follow the online electronic mail at sheckler.kelly@
[FR Doc. 2017–17235 Filed 8–16–17; 8:45 am] instructions for submitting comments. epa.gov.
BILLING CODE 6560–50–P
Once submitted, comments cannot be SUPPLEMENTARY INFORMATION:
edited or removed from Regulations.gov.
EPA may publish any comment received I. Background and Purpose
ENVIRONMENTAL PROTECTION to its public docket. Do not submit A. Call to States for Conformity SIP
AGENCY electronically any information you Revisions
consider to be Confidential Business In the Clean Air Act (CAA or Act),
40 CFR Part 52 Information (CBI) or other information Congress recognized that actions taken
[EPA–R04–OAR–2017–0174; FRL–9966–29–
whose disclosure is restricted by statute. by federal agencies could affect a State,
Region 4] Multimedia submissions (audio, video, Tribal, or local agency’s ability to attain
etc.) must be accompanied by a written and maintain the national ambient air
Air Plan Approval: Alabama; comment. The written comment is quality standards (NAAQS). Congress
Transportation Conformity considered the official comment and added section 176(c) (42 U.S.C. 7506) to
should include discussion of all points the CAA to ensure federal agencies’
AGENCY: Environmental Protection you wish to make. EPA will generally
Agency (EPA). proposed actions conform to the
not consider comments or comment applicable SIP, Tribal Implementation
ACTION: Direct final rule. contents located outside of the primary Plan (TIP) or Federal Implementation
submission (i.e. on the web, cloud, or Plan (FIP) for attaining and maintaining
SUMMARY: The Environmental Protection
Agency (EPA) is approving a portion of other file sharing system). For the NAAQS. That section requires
a revision to the Alabama State additional submission methods, the full federal entities to find that the
Implementation plan (SIP) submitted by EPA public comment policy, emissions from the federal action will
the State of Alabama on May 8, 2013, for information about CBI or multimedia conform with the purposes of the SIP,
the purpose of amending the submissions, and general guidance on TIP or FIP or not otherwise interfere
transportation conformity rules to be making effective comments, please visit with the State’s or Tribe’s ability to
consistent with Federal requirements. http://www2.epa.gov/dockets/ attain and maintain the NAAQS.
commenting-epa-dockets. The CAA Amendments of 1990
DATES: This direct final rule is effective clarified and strengthened the
October 16, 2017 without further notice, FOR FURTHER INFORMATION CONTACT: provisions in section 176(c). Because
unless EPA receives adverse comment Kelly Sheckler, Air Regulatory certain provisions of section 176(c)
by September 18, 2017. If EPA receives Management Section, Air Planning and apply only to highway and mass transit
sradovich on DSK3GMQ082PROD with RULES
such comments, it will publish a timely Implementation Branch, Air, Pesticides funding and approvals actions, EPA
withdrawal of the direct final rule in the and Toxics Management Division, U.S. published two sets of regulations to
Federal Register and inform the public Environmental Protection Agency, implement section 176(c). The
that the rule will not take effect. Region 4, 61 Forsyth Street SW., Transportation Conformity Regulations,
ADDRESSES: Submit your comments, Atlanta, Georgia 30303–8960. The (40 CFR part 51, subpart T, and 40 CFR
identified by Docket ID No. EPA–R04– telephone number is (404) 562–9222. part 93, subpart A) first published on
OAR–2017–0174 at http:// Ms. Sheckler can also be reached via November 24, 1993 (58 FR 62188),
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Document Created: 2017-08-17 01:42:53
Document Modified: 2017-08-17 01:42:53
| 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 16, 2017 without further notice, unless EPA receives adverse written comment by September 18, 2017. 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 | Sara Calcinore, (215) 814-2043, or by e-mail at [email protected] | |
| FR Citation | 82 FR 39031 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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