82_FR_48183 82 FR 47985 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Amendment to Ambient Air Quality Standard for Ozone

82 FR 47985 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Amendment to Ambient Air Quality Standard for Ozone

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 198 (October 16, 2017)

Page Range47985-47988
FR Document2017-22243

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Commonwealth of Virginia state implementation plan (SIP). This revision consists of an amendment to Virginia's SIP to incorporate by reference, the most recent federal ambient air quality standard for ozone. EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 82 Issue 198 (Monday, October 16, 2017) 
[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Rules and Regulations]
[Pages 47985-47988]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22243]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0592; FRL-9969-40-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Amendment to Ambient Air Quality Standard for Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the Commonwealth of Virginia 
state implementation plan (SIP). This revision consists of an amendment 
to Virginia's SIP to incorporate by reference, the most recent federal 
ambient air quality standard for ozone. EPA is approving this revision 
in accordance with the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on December 15, 2017 without further 
notice, unless EPA receives adverse written comment by November 15, 
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-2016-0592 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, 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. 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: Gavin Huang, (215) 814-2042, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On October 26, 2015 (80 FR 65292), EPA revised the primary and 
secondary national ambient air quality standards (NAAQS) for ozone to 
0.070 parts per million (ppm). The primary and secondary ambient air 
quality standards are met at an ambient air quality monitoring site 
when the 3-year average of the annual fourth-highest daily maximum 8-
hour average ozone concentration is less than or equal to 0.070 ppm.
    On July 25, 2016, the Commonwealth of Virginia through the Virginia 
Department of Environmental Quality (VADEQ) submitted a formal revision 
to its SIP. The SIP revision seeks to incorporate the 2015 ozone NAAQS 
promulgated by EPA into the Virginia SIP.

II. Summary of SIP Revision and EPA Analysis

    In the July 25, 2016 SIP submission, Virginia seeks to add 
regulation 9VAC5-30-57 ``Ozone (8-hour 0.070 ppm)'' to the Virginia 
SIP. Regulation 9VAC5-30-57 incorporates by reference the 2015 ozone 
NAAQS as promulgated by EPA and is consistent with the NAAQS set out in 
40 CFR part 50. See 80 FR 65292 (October 26, 2015).

[[Page 47986]]

    Virginia's submittal seeks to incorporate the revised 2015 ozone 
NAAQS, as promulgated by EPA, into the approved Virginia SIP. 
Therefore, EPA finds the SIP submittal approvable pursuant to section 
110 of the CAA.

III. Final Action

    EPA is approving the July 25, 2016 Virginia SIP revision submittal 
which seeks to add regulation 9VAC5-30-57 ``Ozone (8-hour 0.070 ppm)'' 
to the Virginia SIP pursuant to section 110 of the CAA. Regulation 
9VAC5-30-57 sets the level of the 8-hour ozone standard at 0.070 ppm, 
consistent with EPA's 2015 ozone 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 this 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 
December 15, 2017 without further notice unless EPA receives adverse 
comment by November 15, 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.

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 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 Virginia 
9VAC5-30-57 described in the amendment to 40 CFR part 52 set forth 
below. 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). 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.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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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

[[Page 47987]]

under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land as 
defined in 18 U.S.C. 1151 or in any other area where EPA or an Indian 
tribe has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 15, 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 this 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 adding regulation 9VAC5-30-57 ``Ozone (8-hour 0.070 
ppm)'' to 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, Ozone.

    Dated: September 22, 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 adding an 
entry for Section 5-30-57 in numerical order to read as follows:


Sec.  52.2420   Identification of plan.

* * * * *
    (c) * * *

                                 EPA-Approved Virginia Regulations and Statutes
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                                                           State                             Explanation [former
        State citation              Title/subject     effective date    EPA approval date       SIP citation]
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                                                  * * * * * * *
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                          9 VAC 5, Chapter 30 Ambient Air Quality Standards [Part III]
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                                                  * * * * * * *
5-30-57.......................  Ozone (8-hour, 0.070      06/01/2016  10/16/2017, [Insert   ....................
                                 ppm).                                 Federal Register
                                                                       Citation].
 
                                                  * * * * * * *
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[[Page 47988]]

* * * * *
[FR Doc. 2017-22243 Filed 10-13-17; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 47985 required information to the U.S. Senate, for judicial review may be filed, and PART 52—APPROVAL AND the U.S. House of Representatives, and shall not postpone the effectiveness of PROMULGATION OF the Comptroller General of the United such rule or action. This action may not IMPLEMENTATION PLANS States prior to publication of the rule in be challenged later in proceedings to the Federal Register. A major rule enforce its requirements. See section ■ 1. The authority citation for part 52 cannot take effect until 60 days after it 307(b)(2). continues to read as follows: is published in the Federal Register. Authority: 42 U.S.C. 7401 et seq. This action is not a ‘‘major rule’’ as List of Subjects in 40 CFR Part 52 defined by 5 U.S.C. 804(2). Environmental protection, Air Subpart K—Florida Under section 307(b)(1) of the CAA, pollution control, Incorporation by petitions for judicial review of this ■ 2. Section 52.520(e) is amended by reference, Intergovernmental relations, action must be filed in the United States adding a new entry for ‘‘110(a)(1) and Nitrogen dioxide, Ozone, Reporting and Court of Appeals for the appropriate (2) Infrastructure Requirements for the recordkeeping requirements. circuit by December 15, 2017. Filing a 2010 1-hour NO2 NAAQS’’ at the end of petition for reconsideration by the Dated: September 28, 2017. the table to read as follows: Administrator of this final rule does not Onis ‘‘Trey’’ Glenn, III, affect the finality of this action for the § 52.520 Identification of plan. Regional Administrator, Region 4. purposes of judicial review nor does it * * * * * extend the time within which a petition 40 CFR part 52 is amended as follows: (e) * * * EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS State effective EPA approval Federal Register Provision Explanation date date notice * * * * * * * 110(a)(1) and (2) Infrastructure Require- 2/3/2017 10/16/2017 [Insert citation of Addressing Prongs 1 and 2 of section ments for the 2010 1-hour NO2 NAAQS. publication]. 110(a)(2)(D)(i) only. [FR Doc. 2017–22229 Filed 10–13–17; 8:45 am] and inform the public that the rule will FOR FURTHER INFORMATION CONTACT: BILLING CODE 6560–50–P not take effect. Gavin Huang, (215) 814–2042, or by ADDRESSES: Submit your comments, email at huang.gavin@epa.gov. identified by Docket ID No. EPA–R03– SUPPLEMENTARY INFORMATION: ENVIRONMENTAL PROTECTION OAR–2016–0592 at http:// AGENCY I. Background www.regulations.gov, or via email to stahl.cynthia@epa.gov. For comments On October 26, 2015 (80 FR 65292), 40 CFR Part 52 submitted at Regulations.gov, follow the EPA revised the primary and secondary [EPA–R03–OAR–2016–0592; FRL–9969–40– online instructions for submitting national ambient air quality standards Region 3] comments. Once submitted, comments (NAAQS) for ozone to 0.070 parts per cannot be edited or removed from million (ppm). The primary and Approval and Promulgation of Air Regulations.gov. For either manner of secondary ambient air quality standards Quality Implementation Plans; Virginia; submission, EPA may publish any are met at an ambient air quality Amendment to Ambient Air Quality comment received to its public docket. monitoring site when the 3-year average Standard for Ozone Do not submit electronically any of the annual fourth-highest daily AGENCY: Environmental Protection information you consider to be maximum 8-hour average ozone Agency (EPA). confidential business information (CBI) concentration is less than or equal to ACTION: Direct final rule. or other information whose disclosure is 0.070 ppm. restricted by statute. Multimedia On July 25, 2016, the Commonwealth SUMMARY: The Environmental Protection submissions (audio, video, etc.) must be of Virginia through the Virginia Agency (EPA) is taking direct final accompanied by a written comment. Department of Environmental Quality action to approve a revision to the The written comment is considered the (VADEQ) submitted a formal revision to Commonwealth of Virginia state official comment and should include its SIP. The SIP revision seeks to implementation plan (SIP). This discussion of all points you wish to incorporate the 2015 ozone NAAQS revision consists of an amendment to make. EPA will generally not consider promulgated by EPA into the Virginia Virginia’s SIP to incorporate by comments or comment contents located SIP. reference, the most recent federal outside of the primary submission (i.e. ambient air quality standard for ozone. on the web, cloud, or other file sharing II. Summary of SIP Revision and EPA EPA is approving this revision in system). For additional submission Analysis accordance with the requirements of the methods, please contact the person In the July 25, 2016 SIP submission, Clean Air Act (CAA). identified in the FOR FURTHER Virginia seeks to add regulation 9VAC5– jstallworth on DSKBBY8HB2PROD with RULES DATES: This rule is effective on INFORMATION CONTACT section. For the 30–57 ‘‘Ozone (8-hour 0.070 ppm)’’ to December 15, 2017 without further full EPA public comment policy, the Virginia SIP. Regulation 9VAC5–30– notice, unless EPA receives adverse information about CBI or multimedia 57 incorporates by reference the 2015 written comment by November 15, submissions, and general guidance on ozone NAAQS as promulgated by EPA 2017. If EPA receives such comments, it making effective comments, please visit and is consistent with the NAAQS set will publish a timely withdrawal of the http://www2.epa.gov/dockets/ out in 40 CFR part 50. See 80 FR 65292 direct final rule in the Federal Register commenting-epa-dockets. (October 26, 2015). VerDate Sep<11>2014 14:58 Oct 13, 2017 Jkt 244001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\16OCR1.SGM 16OCR1

47986 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations Virginia’s submittal seeks to product of a voluntary environmental or 213, to enforce the requirements or incorporate the revised 2015 ozone assessment. The Privilege Law does not prohibitions of the state plan, NAAQS, as promulgated by EPA, into extend to documents or information independently of any state enforcement the approved Virginia SIP. Therefore, that: (1) Are generated or developed effort. In addition, citizen enforcement EPA finds the SIP submittal approvable before the commencement of a under section 304 of the CAA is pursuant to section 110 of the CAA. voluntary environmental assessment; (2) likewise unaffected by this, or any, state are prepared independently of the audit privilege or immunity law. III. Final Action assessment process; (3) demonstrate a EPA is approving the July 25, 2016 clear, imminent and substantial danger V. Incorporation by Reference Virginia SIP revision submittal which to the public health or environment; or In this rule, EPA is finalizing seeks to add regulation 9VAC5–30–57 (4) are required by law. regulatory text that includes ‘‘Ozone (8-hour 0.070 ppm)’’ to the On January 12, 1998, the incorporation by reference. In Virginia SIP pursuant to section 110 of Commonwealth of Virginia Office of the accordance with requirements of 1 CFR the CAA. Regulation 9VAC5–30–57 sets Attorney General provided a legal 51.5, EPA is finalizing the incorporation the level of the 8-hour ozone standard opinion that states that the Privilege by reference of Virginia 9VAC5–30–57 at 0.070 ppm, consistent with EPA’s Law, Va. Code Sec. 10.1–1198, described in the amendment to 40 CFR 2015 ozone NAAQS. EPA is publishing precludes granting a privilege to part 52 set forth below. EPA has made, this rule without prior proposal because documents and information ‘‘required and will continue to make, these EPA views this as a noncontroversial by law,’’ including documents and materials generally available through amendment and anticipates no adverse information ‘‘required by federal law to www.regulations.gov and/or at the EPA comment. However, in the ‘‘Proposed maintain program delegation, Region III Office (please contact the Rules’’ section of this Federal Register, authorization or approval,’’ since person identified in the FOR FURTHER EPA is publishing a separate document Virginia must ‘‘enforce federally INFORMATION CONTACT section of this that will serve as the proposal to authorized environmental programs in a preamble for more information). approve the SIP revision if adverse manner that is no less stringent than Therefore, these materials have been comments are filed. This rule will be their federal counterparts. . . .’’ The approved by EPA for inclusion in the effective on December 15, 2017 without opinion concludes that ‘‘[r]egarding SIP, have been incorporated by further notice unless EPA receives § 10.1–1198, therefore, documents or reference by EPA into that plan, are adverse comment by November 15, other information needed for civil or fully federally enforceable under 2017. If EPA receives adverse comment, criminal enforcement under one of these sections 110 and 113 of the CAA as of EPA will publish a timely withdrawal in programs could not be privileged the effective date of the final rulemaking the Federal Register informing the because such documents and of EPA’s approval, and will be public that the rule will not take effect. information are essential to pursuing incorporated by reference by the EPA will address all public comments enforcement in a manner required by Director of the Federal Register in the in a subsequent final rule based on the federal law to maintain program next update of the SIP compilation.1 proposed rule. EPA will not institute a delegation, authorization or approval.’’ second comment period on this action. Virginia’s Immunity law, Va. Code Sec. VI. Statutory and Executive Order Any parties interested in commenting 10.1–1199, provides that ‘‘[t]o the extent Reviews must do so at this time. consistent with requirements imposed A. General Requirements IV. General Information Pertaining to by federal law,’’ any person making a voluntary disclosure of information to a Under the CAA, the Administrator is SIP Submittals From the required to approve a SIP submission Commonwealth of Virginia state agency regarding a violation of an environmental statute, regulation, that complies with the provisions of the In 1995, Virginia adopted legislation permit, or administrative order is CAA and applicable federal regulations. that provides, subject to certain granted immunity from administrative 42 U.S.C. 7410(k); 40 CFR 52.02(a). conditions, for an environmental or civil penalty. The Attorney General’s Thus, in reviewing SIP submissions, assessment (audit) ‘‘privilege’’ for January 12, 1998 opinion states that the EPA’s role is to approve state choices, voluntary compliance evaluations quoted language renders this statute provided that they meet the criteria of performed by a regulated entity. The inapplicable to enforcement of any the CAA. Accordingly, this action legislation further addresses the relative federally authorized programs, since merely approves state law as meeting burden of proof for parties either ‘‘no immunity could be afforded from federal requirements and does not asserting the privilege or seeking administrative, civil, or criminal impose additional requirements beyond disclosure of documents for which the penalties because granting such those imposed by state law. For that privilege is claimed. Virginia’s immunity would not be consistent with reason, this action: legislation also provides, subject to federal law, which is one of the criteria • Is not a ‘‘significant regulatory certain conditions, for a penalty waiver for immunity.’’ action’’ subject to review by the Office for violations of environmental laws Therefore, EPA has determined that of Management and Budget under when a regulated entity discovers such Virginia’s Privilege and Immunity Executive Orders 12866 (58 FR 51735, violations pursuant to a voluntary statutes will not preclude the October 4, 1993) and 13563 (76 FR 3821, compliance evaluation and voluntarily Commonwealth from enforcing its January 21, 2011); discloses such violations to the program consistent with the federal • does not impose an information Commonwealth and takes prompt and requirements. In any event, because collection burden under the provisions jstallworth on DSKBBY8HB2PROD with RULES appropriate measures to remedy the EPA has also determined that a state of the Paperwork Reduction Act (44 violations. Virginia’s Voluntary audit privilege and immunity law can U.S.C. 3501 et seq.); Environmental Assessment Privilege affect only state enforcement and cannot • is certified as not having a Law, Va. Code Sec. 10.1–1198, provides have any impact on federal enforcement significant economic impact on a a privilege that protects from disclosure authorities, EPA may at any time invoke substantial number of small entities documents and information about the its authority under the CAA, including, content of those documents that are the for example, sections 113, 167, 205, 211 1 62 FR 27968 (May 22, 1997). VerDate Sep<11>2014 14:58 Oct 13, 2017 Jkt 244001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\16OCR1.SGM 16OCR1

Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 47987 under the Regulatory Flexibility Act (5 B. Submission to Congress and the of this Federal Register, rather than file U.S.C. 601 et seq.); Comptroller General an immediate petition for judicial • does not contain any unfunded The Congressional Review Act, 5 review of this direct final rule, so that mandate or significantly or uniquely U.S.C. 801 et seq., as added by the Small EPA can withdraw this direct final rule affect small governments, as described Business Regulatory Enforcement and address the comment in the in the Unfunded Mandates Reform Act Fairness Act of 1996, generally provides proposed rulemaking action. of 1995 (Pub. L. 104–4); that before a rule may take effect, the • does not have federalism This action adding regulation 9VAC5– agency promulgating the rule must 30–57 ‘‘Ozone (8-hour 0.070 ppm)’’ to implications as specified in Executive submit a rule report, which includes a the Virginia SIP may not be challenged Order 13132 (64 FR 43255, August 10, copy of the rule, to each House of the later in proceedings to enforce its 1999); • is not an economically significant Congress and to the Comptroller General requirements. (See section 307(b)(2).) regulatory action based on health or of the United States. EPA will submit a report containing this action and other List of Subjects in 40 CFR Part 52 safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); required information to the U.S. Senate, Environmental protection, Air • is not a significant regulatory action the U.S. House of Representatives, and pollution control, Incorporation by subject to Executive Order 13211 (66 FR the Comptroller General of the United States prior to publication of the rule in reference, Ozone. 28355, May 22, 2001); • is not subject to requirements of the Federal Register. A major rule Dated: September 22, 2017. Section 12(d) of the National cannot take effect until 60 days after it Cecil Rodrigues, Technology Transfer and Advancement is published in the Federal Register. Acting Regional Administrator, Region III. Act of 1995 (15 U.S.C. 272 note) because This action is not a ‘‘major rule’’ as application of those requirements would defined by 5 U.S.C. 804(2). 40 CFR part 52 is amended as follows: be inconsistent with the CAA; and C. Petitions for Judicial Review • does not provide EPA with the PART 52—APPROVAL AND discretionary authority to address, as Under section 307(b)(1) of the CAA, PROMULGATION OF appropriate, disproportionate human petitions for judicial review of this IMPLEMENTATION PLANS health or environmental effects, using action must be filed in the United States practicable and legally permissible Court of Appeals for the appropriate ■ 1. The authority citation for part 52 methods, under Executive Order 12898 circuit by December 15, 2017. Filing a continues to read as follows: (59 FR 7629, February 16, 1994). petition for reconsideration by the Administrator of this final rule does not Authority: 42 U.S.C. 7401 et seq. The SIP is not approved to apply on any Indian reservation land as defined affect the finality of this action for the Subpart VV—Virginia in 18 U.S.C. 1151 or in any other area purposes of judicial review nor does it where EPA or an Indian tribe has extend the time within which a petition demonstrated that a tribe has for judicial review may be filed, and ■ 2. In § 52.2420, the table in paragraph jurisdiction. In those areas of Indian shall not postpone the effectiveness of (c) is amended by adding an entry for country, the rule does not have tribal such rule or action. Parties with Section 5–30–57 in numerical order to implications and will not impose objections to this direct final rule are read as follows: substantial direct costs on tribal encouraged to file a comment in § 52.2420 Identification of plan. governments or preempt tribal law as response to the parallel notice of specified by Executive Order 13175 (65 proposed rulemaking for this action * * * * * FR 67249, November 9, 2000). published in the proposed rules section (c) * * * EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES State effective State citation Title/subject EPA approval date Explanation [former SIP citation] date * * * * * * * 9 VAC 5, Chapter 30 Ambient Air Quality Standards [Part III] * * * * * * * 5–30–57 .................. Ozone (8-hour, 0.070 ppm) ........ 06/01/2016 10/16/2017, [Insert Federal Reg- ister Citation]. * * * * * * * jstallworth on DSKBBY8HB2PROD with RULES VerDate Sep<11>2014 14:58 Oct 13, 2017 Jkt 244001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\16OCR1.SGM 16OCR1

47988 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations * * * * * Regulations.gov. For either manner of the CAA requires all nonattainment [FR Doc. 2017–22243 Filed 10–13–17; 8:45 am] submission, EPA may publish any areas to apply controls on VOC and NOX BILLING CODE 6560–50–P comment received to its public docket. emission sources to achieve emission Do not submit electronically any reductions. Among effective control information you consider to be measures, RACT controls significantly ENVIRONMENTAL PROTECTION confidential business information (CBI) reduce VOC and NOX emissions from AGENCY or other information whose disclosure is major stationary sources. NOX and VOC restricted by statute. Multimedia are referred to as ozone precursors and 40 CFR Part 52 submissions (audio, video, etc.) must be are emitted by many types of pollution [EPA–R03–OAR–2017–0437; FRL–9969–32– accompanied by a written comment. sources, including motor vehicles, Region 3] The written comment is considered the power plants, industrial facilities, and official comment and should include area wide sources, such as consumer Approval and Promulgation of Air discussion of all points you wish to products and lawn and garden Quality Implementation Plans; make. EPA will generally not consider equipment. Scientific evidence Pennsylvania; Adoption of Control comments or comment contents located indicates that adverse public health Techniques Guidelines for Control of outside of the primary submission (i.e., effects occur following exposure to Volatile Organic Compound Emissions on the web, cloud, or other file sharing ozone. These effects are more from Miscellaneous Metal Parts system). For additional submission pronounced in children and adults with Surface Coating, Miscellaneous Plastic methods, please contact the person lung disease. Breathing air containing Parts Surface Coating, and Pleasure identified in the FOR FURTHER ozone can reduce lung function and Craft Surface Coatings INFORMATION CONTACT section. For the inflame airways, which can increase AGENCY: Environmental Protection full EPA public comment policy, respiratory symptoms and aggravate Agency (EPA). information about CBI or multimedia asthma or other lung diseases. ACTION: Direct final rule. submissions, and general guidance on RACT is defined as the lowest making effective comments, please visit emission limitation that a particular SUMMARY: The Environmental Protection http://www2.epa.gov/dockets/ source is capable of meeting by the Agency (EPA) is taking direct final commenting-epa-dockets. application of control technology that is action to approve a revision to the FOR FURTHER INFORMATION CONTACT: reasonably available considering Commonwealth of Pennsylvania’s state Gregory A. Becoat, (215) 814–2036, or technological and economic feasibility implementation plan (SIP). The revision by email at becoat.gregory@epa.gov. (44 FR 53761 at 53762, September 17, includes amendments to the SUPPLEMENTARY INFORMATION: On 1979). Section 182 of the CAA sets forth Pennsylvania Department of November 18, 2016, PADEP submitted a two separate RACT requirements for Environmental Protection’s (PADEP) revision to the Pennsylvania SIP ozone nonattainment areas. The first regulations and addresses the concerning the adoption of EPA’s CTG requirement, contained in section requirement to adopt reasonably for miscellaneous metal parts surface 182(a)(2)(A) of the CAA, and referred to available control technology (RACT) for coating processes, miscellaneous plastic as RACT fix-up requires the correction sources covered by EPA’s control parts surface coating processes, and of RACT rules for which EPA identified techniques guidelines (CTG) standards pleasure craft surface coatings. deficiencies before the CAA was for the following categories: Specifically, PADEP has amended 25 amended in 1990. Pennsylvania Miscellaneous metal parts surface Pennsylvania Code (Pa. Code) Chapter previously corrected its deficiencies coating, miscellaneous plastic parts 129 (relating to standards for sources) to under the 1-hour ozone standard and surface coating, and pleasure craft address RACT and further reduce has no further deficiencies to correct surface coatings, as well as related volatile organic compounds (VOC) under this section of the CAA. The cleaning activities. The SIP revision also emissions in Pennsylvania. In second requirement, set forth in section amends regulations for graphic arts accordance with sections 172(c)(1), 182(b)(2) of the CAA, applies to systems and mobile equipment repair 182(b)(2)(A) and 184(b)(1)(B) of the moderate (or worse) ozone and refinishing as well as making CAA, Pennsylvania’s SIP revision nonattainment area as well as to general administrative changes. This submittal establishes VOC emission marginal and attainment areas in ozone action is being taken under the Clean limitations and other requirements transport regions (OTRs) established Air Act (CAA). consistent with the recommendations of pursuant to section 184 of the CAA, and DATES: This rule is effective on EPA’s 2008 Control Techniques requires these areas to implement RACT December 15, 2017 without further Guidelines for Miscellaneous Metal and controls on all major VOC and NOX notice, unless EPA receives adverse Plastic Parts Coatings (MMPP) emission sources and on all sources and written comment by November 15, (Publication No. EPA 453/R–08–003; source categories covered by a CTG 2017. If EPA receives such comments, it September 2008) and Control issued by EPA.1 See CAA section will publish a timely withdrawal of the Techniques Guidelines for Automobile 182(b)(2) and 184(b). direct final rule in the Federal Register and Light-Duty Truck Assembly 1 CTGs are documents issued by EPA intended to and inform the public that the rule will Coatings for these sources in the provide state and local air pollution control not take effect. Commonwealth of Pennsylvania authorities information to assist them in ADDRESSES: Submit your comments, (Publication No. EPA 453/R–08–006). determining RACT for VOC from various sources. identified by Docket ID No. EPA–R03– The recommendations in the CTG are based upon jstallworth on DSKBBY8HB2PROD with RULES OAR–2017–0437 at https:// I. Background available data and information and may not apply to a particular situation based upon the www.regulations.gov, or via email to Ground level ozone is formed in the circumstances. States can follow the CTG and adopt stahl.cynthia@epa.gov. For comments atmosphere by photochemical reactions state regulations to implement the submitted at Regulations.gov, follow the between VOCs, nitrogen oxides (NOX), recommendations contained therein, or they can adopt alternative approaches. In either case, states online instructions for submitting and carbon monoxide (CO) in the must submit their RACT rules to EPA for review comments. Once submitted, comments presence of sunlight. In order to reduce and approval as part of the SIP process. Pursuant cannot be edited or removed from ozone concentrations in the ambient air, to section 184(b)(1)(B) of the CAA, all areas in the VerDate Sep<11>2014 14:58 Oct 13, 2017 Jkt 244001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\16OCR1.SGM 16OCR1


Document Created: 2017-10-14 01:42:24
Document Modified: 2017-10-14 01:42:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on December 15, 2017 without further notice, unless EPA receives adverse written comment by November 15, 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.
ContactGavin Huang, (215) 814-2042, or by email at [email protected]
FR Citation82 FR 47985 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference and Ozone
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