83 FR 10626 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Amendment to Ambient Air Quality Standard for Ozone
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 48 (March 12, 2018)
Federal Register Volume 83, Issue 48 (March 12, 2018)
| Page Range | 10626-10628 | |
| FR Document | 2018-04422 |
[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)] [Rules and Regulations] [Pages 10626-10628] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04422] [[Page 10626]] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2016-0592; FRL-9975-13--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: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking 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 final rule is effective on April 11, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2016-0592. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. 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. On October 16, 2017 (82 FR 47985 and 82 FR 48035), EPA simultaneously published a notice of proposed rulemaking (NPR) and a direct final rule (DFR) for the Commonwealth of Virginia approving the SIP revision. EPA received adverse comments on the rulemaking and withdrew the DFR prior to the effective date of December 15, 2017. In this final rulemaking, EPA is responding to the comments submitted on the proposed revision to the Virginia SIP and is approving the revision to the Virginia SIP to incorporate by reference the 2015 ozone NAAQS. 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. This regulation 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). Virginia's submittal seeks to add to the Virginia SIP Regulation 9VAC5-30-57 which incorporates by reference the 2015 ozone NAAQS, as promulgated by EPA. EPA finds the SIP submittal approvable pursuant to section 110 of the CAA. EPA received public comments on the NPR that will be addressed in section III of this rulemaking. III. Response to Comments During the comment period, EPA received several anonymous comments on this rulemaking. EPA is responding to the comments submitted on the proposed revision to the Virginia SIP specific to this action. All other comments received were either supportive of or not specific to this action and thus are not addressed here. Comment: A commenter stated that EPA should not add the 2015 ozone standard to any state's SIP as the Administrator has publicly stated that he intends to repeal the ozone standard. The commenter believes that the Administrator's announcement can be interpreted as a promulgation by the Agency, and EPA should not act until the review is completed. The commenter also stated that EPA must hold off on any ozone action until a court review is completed. Response: EPA disagrees with the comment. Specifically, EPA disagrees that it has promulgated, or could promulgate, a change to the 2015 ozone NAAQS through any public announcement. If EPA were to decide to revisit and change the 2015 ozone NAAQS, the existing standards would remain in place at least until EPA, through public notice and rulemaking, took final action to make any revisions. States may seek to incorporate existing NAAQS into their SIPs under CAA section 110. While judicial review may be pending relating to the 2015 ozone NAAQS, nothing prohibits a state from incorporating by reference the 2015 ozone NAAQS into its SIP. IV. 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 incorporates by reference the 2015 ozone NAAQS which set the level of the 8-hour ozone standard at 0.070 ppm. 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 [[Page 10627]] 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. VI. 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 http://www.regulations.gov and 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 to the SIP compilation.\1\ --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- VII. 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); is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866. 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 (Public Law 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 [[Page 10628]] 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 May 11, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action 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: February 23, 2018. Cosmo Servidio, 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 the entry ``5-30-57'' in numerical order under the heading ``9 VAC 5, Chapter 30 Ambient Air Quality Standards [Part III]'' to read as follows: Sec. 52.2420 Identification of plan. * * * * * (c) * * * EPA-Approved Virginia Regulations and Statutes -------------------------------------------------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approval date Explanation [former SIP citation] -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- 9 VAC 5, Chapter 30 Ambient Air Quality Standards [Part III] -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * 5-30-57........................... Ozone (8-hour, 0.070 06/01/2016 03/12/2018 [Insert Federal Register ..................................... ppm). citation]. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-04422 Filed 3-9-18; 8:45 am] BILLING CODE 6560-50-P
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ENVIRONMENTAL PROTECTION monitoring site when the 3-year average standard to any state’s SIP as the
AGENCY of the annual fourth-highest daily Administrator has publicly stated that
maximum 8-hour average ozone he intends to repeal the ozone standard.
40 CFR Part 52 concentration is less than or equal to The commenter believes that the
0.070 ppm. Administrator’s announcement can be
[EPA–R03–OAR–2016–0592; FRL–9975–
13—Region 3] On July 25, 2016, the Commonwealth interpreted as a promulgation by the
of Virginia through the Virginia Agency, and EPA should not act until
Approval and Promulgation of Air Department of Environmental Quality the review is completed. The
Quality Implementation Plans; Virginia; (VADEQ) submitted a formal revision to commenter also stated that EPA must
Amendment to Ambient Air Quality its SIP. The SIP revision seeks to hold off on any ozone action until a
Standard for Ozone incorporate the 2015 ozone NAAQS court review is completed.
promulgated by EPA into the Virginia Response: EPA disagrees with the
AGENCY: Environmental Protection SIP.
Agency (EPA). comment. Specifically, EPA disagrees
On October 16, 2017 (82 FR 47985 that it has promulgated, or could
ACTION: Final rule. and 82 FR 48035), EPA simultaneously promulgate, a change to the 2015 ozone
published a notice of proposed NAAQS through any public
SUMMARY: The Environmental Protection
rulemaking (NPR) and a direct final rule announcement. If EPA were to decide to
Agency (EPA) is taking final action to
(DFR) for the Commonwealth of Virginia revisit and change the 2015 ozone
approve a revision to the
approving the SIP revision. EPA NAAQS, the existing standards would
Commonwealth of Virginia state
implementation plan (SIP). This received adverse comments on the remain in place at least until EPA,
revision consists of an amendment to rulemaking and withdrew the DFR prior through public notice and rulemaking,
Virginia’s SIP to incorporate by to the effective date of December 15, took final action to make any revisions.
reference, the most recent federal 2017. In this final rulemaking, EPA is States may seek to incorporate existing
ambient air quality standard for ozone. responding to the comments submitted NAAQS into their SIPs under CAA
EPA is approving this revision in on the proposed revision to the Virginia section 110. While judicial review may
accordance with the requirements of the SIP and is approving the revision to the be pending relating to the 2015 ozone
Clean Air Act (CAA). Virginia SIP to incorporate by reference NAAQS, nothing prohibits a state from
the 2015 ozone NAAQS. incorporating by reference the 2015
DATES: This final rule is effective on
April 11, 2018. II. Summary of SIP Revision and EPA ozone NAAQS into its SIP.
ADDRESSES: EPA has established a Analysis IV. Final Action
docket for this action under Docket ID In the July 25, 2016 SIP submission,
Number EPA–R03–OAR–2016–0592. All Virginia seeks to add regulation 9VAC5– EPA is approving the July 25, 2016
documents in the docket are listed on 30–57 ‘‘Ozone (8-hour 0.070 ppm)’’ to Virginia SIP revision submittal which
the http://www.regulations.gov website. the Virginia SIP. This regulation seeks to add regulation 9VAC5–30–57
Although listed in the index, some incorporates by reference the 2015 ‘‘Ozone (8-hour 0.070 ppm)’’ to the
information is not publicly available, ozone NAAQS as promulgated by EPA Virginia SIP pursuant to section 110 of
e.g., confidential business information and is consistent with the NAAQS set the CAA. Regulation 9VAC5–30–57
(CBI) or other information whose out in 40 CFR part 50. See 80 FR 65292 incorporates by reference the 2015
disclosure is restricted by statute. (October 26, 2015). ozone NAAQS which set the level of the
Certain other material, such as Virginia’s submittal seeks to add to 8-hour ozone standard at 0.070 ppm.
copyrighted material, is not placed on the Virginia SIP Regulation 9VAC5–30– V. General Information Pertaining to
the internet and will be publicly 57 which incorporates by reference the SIP Submittals From the
available only in hard copy form. 2015 ozone NAAQS, as promulgated by Commonwealth of Virginia
Publicly available docket materials are EPA. EPA finds the SIP submittal
available through http:// approvable pursuant to section 110 of In 1995, Virginia adopted legislation
www.regulations.gov, or please contact the CAA. that provides, subject to certain
the person identified in the FOR FURTHER EPA received public comments on the conditions, for an environmental
INFORMATION CONTACT section for NPR that will be addressed in section III assessment (audit) ‘‘privilege’’ for
additional availability information. of this rulemaking. voluntary compliance evaluations
FOR FURTHER INFORMATION CONTACT: performed by a regulated entity. The
III. Response to Comments
Gavin Huang, (215) 814–2042, or by legislation further addresses the relative
email at huang.gavin@epa.gov. During the comment period, EPA burden of proof for parties either
SUPPLEMENTARY INFORMATION: received several anonymous comments asserting the privilege or seeking
on this rulemaking. EPA is responding disclosure of documents for which the
I. Background to the comments submitted on the privilege is claimed. Virginia’s
On October 26, 2015 (80 FR 65292), proposed revision to the Virginia SIP legislation also provides, subject to
EPA revised the primary and secondary specific to this action. All other certain conditions, for a penalty waiver
national ambient air quality standards comments received were either for violations of environmental laws
(NAAQS) for ozone to 0.070 parts per supportive of or not specific to this when a regulated entity discovers such
action and thus are not addressed here.
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million (ppm). The primary and violations pursuant to a voluntary
secondary ambient air quality standards Comment: A commenter stated that compliance evaluation and voluntarily
are met at an ambient air quality EPA should not add the 2015 ozone discloses such violations to the
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Commonwealth and takes prompt and requirements. In any event, because October 4, 1993) and 13563 (76 FR 3821,
appropriate measures to remedy the EPA has also determined that a state January 21, 2011);
violations. Virginia’s Voluntary audit privilege and immunity law can • is not an Executive Order 13771 (82
Environmental Assessment Privilege affect only state enforcement and cannot FR 9339, February 2, 2017) regulatory
Law, Va. Code Sec. 10.1–1198, provides have any impact on federal enforcement action because SIP approvals are
a privilege that protects from disclosure authorities, EPA may at any time invoke exempted under Executive Order 12866.
documents and information about the its authority under the CAA, including, • does not impose an information
content of those documents that are the for example, sections 113, 167, 205, 211 collection burden under the provisions
product of a voluntary environmental or 213, to enforce the requirements or of the Paperwork Reduction Act (44
assessment. The Privilege Law does not prohibitions of the state plan, U.S.C. 3501 et seq.);
extend to documents or information independently of any state enforcement • is certified as not having a
that: (1) Are generated or developed effort. In addition, citizen enforcement significant economic impact on a
before the commencement of a under section 304 of the CAA is substantial number of small entities
voluntary environmental assessment; (2) likewise unaffected by this, or any, state under the Regulatory Flexibility Act (5
are prepared independently of the audit privilege or immunity law. U.S.C. 601 et seq.);
assessment process; (3) demonstrate a • does not contain any unfunded
clear, imminent and substantial danger VI. Incorporation by Reference mandate or significantly or uniquely
to the public health or environment; or affect small governments, as described
In this rule, EPA is finalizing
(4) are required by law. in the Unfunded Mandates Reform Act
regulatory text that includes
On January 12, 1998, the of 1995 (Public Law 104–4);
incorporation by reference. In
Commonwealth of Virginia Office of the • does not have federalism
accordance with requirements of 1 CFR
Attorney General provided a legal implications as specified in Executive
51.5, EPA is finalizing the incorporation
opinion that states that the Privilege Order 13132 (64 FR 43255, August 10,
by reference of Virginia 9VAC5–30–57
law, Va. Code Sec. 10.1–1198, precludes 1999);
described in the amendment to 40 CFR • is not an economically significant
granting a privilege to documents and
part 52 set forth below. EPA has made, regulatory action based on health or
information ‘‘required by law,’’
and will continue to make, these safety risks subject to Executive Order
including documents and information
materials generally available through 13045 (62 FR 19885, April 23, 1997);
‘‘required by federal law to maintain
http://www.regulations.gov and at the • is not a significant regulatory action
program delegation, authorization or
EPA Region III Office (please contact the subject to Executive Order 13211 (66 FR
approval,’’ since Virginia must ‘‘enforce
person identified in the FOR FURTHER 28355, May 22, 2001);
federally authorized environmental
INFORMATION CONTACT section of this • is not subject to requirements of
programs in a manner that is no less
stringent than their federal preamble for more information). Section 12(d) of the National
counterparts. . . .’’ The opinion Therefore, these materials have been Technology Transfer and Advancement
concludes that ‘‘[r]egarding § 10.1–1198, approved by EPA for inclusion in the Act of 1995 (15 U.S.C. 272 note) because
therefore, documents or other SIP, have been incorporated by application of those requirements would
information needed for civil or criminal reference by EPA into that plan, are be inconsistent with the CAA; and
enforcement under one of these fully federally enforceable under • does not provide EPA with the
programs could not be privileged sections 110 and 113 of the CAA as of discretionary authority to address, as
because such documents and the effective date of the final rulemaking appropriate, disproportionate human
information are essential to pursuing of EPA’s approval, and will be health or environmental effects, using
enforcement in a manner required by incorporated by reference by the practicable and legally permissible
federal law to maintain program Director of the Federal Register in the methods, under Executive Order 12898
delegation, authorization or approval.’’ next update to the SIP compilation.1 (59 FR 7629, February 16, 1994).
Virginia’s Immunity law, Va. Code VII. Statutory and Executive Order The SIP is not approved to apply on
Sec. 10.1–1199, provides that ‘‘[t]o the Reviews any Indian reservation land as defined
extent consistent with requirements in 18 U.S.C. 1151 or in any other area
imposed by federal law,’’ any person A. General Requirements where EPA or an Indian tribe has
making a voluntary disclosure of demonstrated that a tribe has
Under the CAA, the Administrator is
information to a state agency regarding jurisdiction. In those areas of Indian
required to approve a SIP submission
a violation of an environmental statute, country, the rule does not have tribal
that complies with the provisions of the
regulation, permit, or administrative implications and will not impose
CAA and applicable federal regulations.
order is granted immunity from substantial direct costs on tribal
42 U.S.C. 7410(k); 40 CFR 52.02(a).
administrative or civil penalty. The governments or preempt tribal law as
Thus, in reviewing SIP submissions,
Attorney General’s January 12, 1998 specified by Executive Order 13175 (65
EPA’s role is to approve state choices,
opinion states that the quoted language FR 67249, November 9, 2000).
provided that they meet the criteria of
renders this statute inapplicable to
enforcement of any federally authorized the CAA. Accordingly, this action B. Submission to Congress and the
programs, since ‘‘no immunity could be merely approves state law as meeting Comptroller General
afforded from administrative, civil, or federal requirements and does not The Congressional Review Act, 5
criminal penalties because granting impose additional requirements beyond U.S.C. 801 et seq., as added by the Small
such immunity would not be consistent those imposed by state law. For that Business Regulatory Enforcement
reason, this action: Fairness Act of 1996, generally provides
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with federal law, which is one of the
criteria for immunity.’’ • Is not a ‘‘significant regulatory that before a rule may take effect, the
Therefore, EPA has determined that action’’ subject to review by the Office agency promulgating the rule must
Virginia’s Privilege and Immunity of Management and Budget under submit a rule report, which includes a
statutes will not preclude the Executive Orders 12866 (58 FR 51735, copy of the rule, to each House of the
Commonwealth from enforcing its Congress and to the Comptroller General
program consistent with the federal 1 62 FR 27968 (May 22, 1997). of the United States. EPA will submit a
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report containing this action and other purposes of judicial review nor does it PART 52—APPROVAL AND
required information to the U.S. Senate, extend the time within which a petition PROMULGATION OF
the U.S. House of Representatives, and for judicial review may be filed, and IMPLEMENTATION PLANS
the Comptroller General of the United shall not postpone the effectiveness of
States prior to publication of the rule in such rule or action. This action adding ■ 1. The authority citation for part 52
the Federal Register. A major rule regulation 9VAC5–30–57 ‘‘Ozone (8- continues to read as follows:
cannot take effect until 60 days after it hour 0.070 ppm)’’ to the Virginia SIP Authority: 42 U.S.C. 7401 et seq.
is published in the Federal Register. may not be challenged later in
This action is not a ‘‘major rule’’ as proceedings to enforce its requirements. Subpart VV—Virginia
defined by 5 U.S.C. 804(2). (See section 307(b)(2).)
■ 2. In § 52.2420, the table in paragraph
C. Petitions for Judicial Review List of Subjects in 40 CFR Part 52
(c) is amended by adding the entry ‘‘5–
Under section 307(b)(1) of the CAA, Environmental protection, Air 30–57’’ in numerical order under the
petitions for judicial review of this pollution control, Incorporation by heading ‘‘9 VAC 5, Chapter 30 Ambient
action must be filed in the United States reference, Ozone. Air Quality Standards [Part III]’’ to read
Court of Appeals for the appropriate Dated: February 23, 2018. as follows:
circuit by May 11, 2018. Filing a
Cosmo Servidio, § 52.2420 Identification of plan.
petition for reconsideration by the
Regional Administrator, Region III. * * * * *
Administrator of this final rule does not
affect the finality of this action for the 40 CFR part 52 is amended as follows: (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 30 Ambient Air Quality Standards [Part III]
* * * * * * *
5–30–57 ....................................... Ozone (8-hour, 0.070 ppm) ......... 06/01/2016 03/12/2018 [Insert Federal
Register citation].
* * * * * * *
* * * * * provisions of the requirements for the FOR FURTHER INFORMATION CONTACT: Mrs.
[FR Doc. 2018–04422 Filed 3–9–18; 8:45 am] collection of fugitive emission Karen Marsh, Sector Policies and
BILLING CODE 6560–50–P components at well sites and Programs Division (E143–05), Office of
compressor stations: Removes the Air Quality Planning and Standards,
requirement for completion of delayed Environmental Protection Agency,
ENVIRONMENTAL PROTECTION repair during unscheduled or Research Triangle Park, North Carolina
AGENCY emergency vent blowdowns, and 27711; telephone number: (919) 541–
provides separate monitoring 1065; email address: marsh.karen@
40 CFR Part 60 epa.gov.
requirements for well sites located on
[EPA–HQ–OAR–2010–0505; FRL–9975–10– the Alaskan North Slope.
OAR] SUPPLEMENTARY INFORMATION:
DATES:This final rule is effective on Outline. The information presented in
RIN 2060–AT59 March 12, 2018. this preamble is presented as follows:
Oil and Natural Gas Sector: Emission ADDRESSES: The EPA has established a I. General Information
Standards for New, Reconstructed, docket for this action under Docket ID A. Does this action apply to me?
and Modified Sources; Amendments No. EPA–HQ–OAR–2010–0505. All B. Where can I get a copy of this document
documents in the docket are listed on and other related information?
AGENCY: Environmental Protection C. Judicial Review
Agency (EPA). the https://www.regulations.gov II. Background
website. Although listed in the index, III. Legal Authority
ACTION: Final rule.
some information is not publically IV. Summary of Final Action
SUMMARY: This action finalizes available, e.g., confidential business A. Delayed Repairs
amendments of certain requirements information or other information whose B. Alaskan North Slope
that are contained within the final rule disclosure is restricted by statute. V. Summary of Significant Comments and
Certain other material, such as Responses
titled ‘‘Oil and Natural Gas Sector:
daltland on DSKBBV9HB2PROD with RULES
copyrighted material, is not placed on A. The EPA’s Legal Authority
Emission Standards for New, B. Delayed Repairs
Reconstructed, and Modified Sources,’’ the internet and will be publicly
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published in the Federal Register on available only in hard copy form. VI. Impacts of the Final Amendments
June 3, 2016 (2016 Rule). The Publicly available docket materials are VII. Statutory and Executive Order Reviews
Environmental Protection Agency (EPA) available electronically through https:// A. Executive Order 12866: Regulatory
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Document Created: 2018-11-01 08:51:26
Document Modified: 2018-11-01 08:51:26
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on April 11, 2018. | |
| Contact | Gavin Huang, (215) 814-2042, or by email at [email protected] | |
| FR Citation | 83 FR 10626 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference and Ozone |
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