Approval and Promulgation of Air Quality Implementation Plans; Virginia; Amendments to Ambient Air Quality Standards for Particulate Matter, 67825-67827 [E8-27192]

Download as PDF Federal Register / Vol. 73, No. 222 / Monday, November 17, 2008 / Proposed Rules name and geographic coordinates for Class E2 and E5 airspace, as published in the Federal Register October 22, 2008, (73 FR 62940), Docket No. FAA– 2008–0873, are amended as follows: § 71.1 * [Amended] * * * * ACE MO E2 Branson, MO [Corrected] Branson Airport, MO (Lat. 36°31′55″ N., long. 93°12′02″ W.) Within a 4.1-mile radius of Branson Airport. This Class E airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory. * * * * * ACE MO E5 Branson, MO [Corrected] Branson Airport , MO (Lat. 36°31′55″ N., long. 93°12′02″ W.) That airspace extending upward from 700 feet above the surface within a 6.6-mile radius of Branson Airport. * * * * * Issued in Fort Worth, TX, on November 6, 2008. Robert Beeman, Acting Manager, Operations Support Group, ATO Central Service Area. [FR Doc. E8–27155 Filed 11–14–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Parts 538 and 560 Comment Request Regarding the Effectiveness of Licensing Procedures for Exportation of Agricultural Commodities, Medicine, and Medical Devices to Sudan and Iran Office of Foreign Assets Control, Treasury. ACTION: Request for comments. jlentini on PROD1PC65 with PROPOSALS AGENCY: SUMMARY: The Office of Foreign Assets Control (‘‘OFAC’’) of the U.S. Department of the Treasury is soliciting comments on the effectiveness of OFAC’s licensing procedures for the exportation of agricultural commodities, medicine, and medical devices to Sudan and Iran. Pursuant to section 906(c) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (Title IX of Pub. L. 106–387, 22 U.S.C. 7201 et seq.) (the ‘‘Act’’), OFAC is required to submit a biennial report to the Congress on the operation of licensing procedures for such exports. DATES: Written comments should be received on or before December 17, 2008 to be assured of consideration. VerDate Aug<31>2005 17:49 Nov 14, 2008 Jkt 217001 You may submit comments by any of the following methods: Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. Fax: Attn: Request for Comments (TSRA) (202) 622–0091. Mail: Attn: Request for Comments (TSRA), Office of Foreign Assets Control, Department of the Treasury, 1500 Pennsylvania Avenue, NW., Washington, DC 20220. FOR FURTHER INFORMATION CONTACT: Requests for additional information about these licensing procedures should be directed to the Licensing Division, Office of Foreign Assets Control, Department of the Treasury, 1500 Pennsylvania Avenue, NW., Washington, DC 20220, telephone: (202) 622–2480. Additional information about these licensing procedures is also available under the heading ‘‘Other OFAC Sanctions Programs’’ at http:// www.treas.gov/ofac. SUPPLEMENTARY INFORMATION: The current procedures used by OFAC for authorizing the export of agricultural commodities, medicine, and medical devices to Sudan and Iran are set forth in 31 CFR 538.523–526 and 31 CFR 560.530–533. Under the provisions of section 906(c) of the Act, OFAC must submit a biennial report to the Congress on the operation, during the preceding two-year period, of the licensing procedures required by section 906 of the Act for the export of agricultural commodities, medicine, and medical devices to Sudan and Iran. This report is to include: (1) The number and types of licenses applied for; (2) The number and types of licenses approved; (3) The average amount of time elapsed from the date of filing of a license application until the date of its approval; (4) The extent to which the licensing procedures were effectively implemented; and (5) A description of comments received from interested parties about the extent to which the licensing procedures were effective, after holding a public 30-day comment period. This notice solicits comments from interested parties regarding the effectiveness of OFAC’s licensing procedures for the export of agricultural commodities, medicine, and medical devices to Sudan and Iran. Interested parties submitting comments are asked to be as specific as possible. All comments received on or before December 17, 2008 will be considered by OFAC in developing the report to the ADDRESSES: PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 67825 Congress. In the interest of accuracy and completeness, OFAC requires written comments. Comments received after the end of the comment period will be considered, if possible, but their consideration cannot be assured. OFAC will not accept comments accompanied by a request that part or all of the comments be treated confidentially because of their business proprietary nature or for any other reason. OFAC will return such comments when submitted by regular mail to the person submitting the comments and will not consider them. All comments made will be a matter of public record. Copies of the public record concerning these regulations may be obtained from OFAC’s Web site (http://www.treas.gov/ ofac). If that service is unavailable, written requests may be sent to: Office of Foreign Assets Control, U.S. Department of the Treasury, 1500 Pennsylvania Ave., NW., Washington, ¨ DC 20220, Attn: Aydin M. Akgun. Approved: November 10, 2008. Adam J. Szubin, Director, Office of Foreign Assets Control. [FR Doc. E8–27242 Filed 11–14–08; 8:45 am] BILLING CODE 4810–25–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2008–0073; FRL8741–3] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Amendments to Ambient Air Quality Standards for Particulate Matter Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. This revision consists of amendments to the Commonwealth of Virginia’s ambient air quality standards for particulate matter. This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before December 17, 2008. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2008–0073 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. E-mail: fernandez.cristina@epa.gov. E:\FR\FM\17NOP1.SGM 17NOP1 jlentini on PROD1PC65 with PROPOSALS 67826 Federal Register / Vol. 73, No. 222 / Monday, November 17, 2008 / Proposed Rules C. Mail: EPA–R03–OAR–2008–0073, Cristina Fernandez, Chief, Air Quality Planning, Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previouslylisted EPA Region III address. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R03–OAR–2008– 0073. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or e-mail. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., 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 either electronically in www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, VerDate Aug<31>2005 17:49 Nov 14, 2008 Jkt 217001 Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Virginia Department of Environmental Quality, 629 East Main Street, Richmond, Virginia 23219. FOR FURTHER INFORMATION CONTACT: Gobeail McKinley, (215) 814–2033, or by e-mail at mckinley.gobeail@epa.gov. On January 7, 2008, the Commonwealth of Virginia submitted a formal revision to its State Implementation Plan. The SIP revision consists of amendments to the Commonwealth’s existing ambient air quality standards in 9 VAC 5 Chapter 30. SUPPLEMENTARY INFORMATION: I. Background Effective on September 16, 1997, EPA established two new standards for fine particulate matter (PM2.5) that applies to particles 2.5 micrometers in diameter or less (62 FR 38652). The two new PM2.5 standards were set at 15 micrograms per cubic meter (µg/m3), based on the 3-year average of annual arithmetic mean PM2.5 concentrations from single or multiple community-oriented monitors, and 65 µg/m3, based on the 3-year average of the 98th percentile of 24-hour PM2.5 concentrations at each populationoriented monitor within an area. Effective on December 18, 2006, EPA revised the level of the 24-hour PM2.5 standard to 35 µg/m3, retained the level of the annual PM2.5 standard at 15 µg/ m3, retained the 24-hour PM10 standard at 150 µg/m3, and revoked the annual PM10 standard (71 FR 61144). II. Summary of SIP Revision The Commonwealth’s SIP revision to the Virginia Regulations for the Control and Abatement of Air Pollution: 9 VAC 5 Chapter 30—Ambient Air Quality Standards incorporates the annual and 24-hour PM2.5 national ambient air quality standards (NAAQS) that were established by the EPA on July 18, 1997 (62 FR 38652) and on October 17, 2006 (71 FR 61144). The revision is consistent with the national ambient air quality standards set out in 40 CFR part 50. The SIP revision amends the Commonwealth’s PM2.5 standard to add the new 24-hour standard of 35 µg/m3, retains the current 24-hour standard of 65 µg/m3 during the transition to the new standard, adds transitional language to clarify implementation of these standards, and removes obsolete language referencing the annual PM10 standard. The SIP revision also adds new reference conditions to make the state regulation consistent with 40 CFR part 50. PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 III. 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 (1) that are generated or developed before the commencement of a voluntary environmental assessment; (2) that are prepared independently of the assessment process; (3) that demonstrate a clear, imminent and substantial danger to the public health or environment; or (4) that 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 § 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 E:\FR\FM\17NOP1.SGM 17NOP1 Federal Register / Vol. 73, No. 222 / Monday, November 17, 2008 / Proposed Rules 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. jlentini on PROD1PC65 with PROPOSALS III. Proposed Action EPA is proposing to approve the Virginia SIP revision for amendments to the existing air quality standards, 9 VAC 5 Chapter 30. The Commonwealth’s SIP revision (9 VAC 5–30–65) includes an incorrect reference of the Federal Register document for the annual and 24-hour PM2.5 NAAQS that were established by the EPA on July 18, 1997 (62 FR 38652). EPA will not promulgate a final approval rule until the Commonwealth of Virginia submits a correction to 9 VAC 5 Chapter 30. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act 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 VerDate Aug<31>2005 17:49 Nov 14, 2008 Jkt 217001 the criteria of the Clean Air Act. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • 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 Clean Air Act; 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). In addition, this proposed rule, amending ambient air quality standards for particulate matter in the Commonwealth of Virginia, does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. 67827 recordkeeping requirements, Sulfur oxides. Authority: 42 U.S.C. 7401 et seq. Dated: November 6, 2008. Donald S. Welsh, Regional Administrator, Region III. [FR Doc. E8–27192 Filed 11–14–08; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R03–OAR–2007–0453; FRL–8741–4] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the Pittsburgh-Beaver Valley 8-Hour Ozone Nonattainment Area to Attainment and Approval of the Area’s Maintenance Plan; Withdrawal of Proposed Rule Environmental Protection Agency (EPA). ACTION: Proposed rule; withdrawal. AGENCY: List of Subjects in 40 CFR Part 52 SUMMARY: EPA is withdrawing the proposed rule to approve a redesignation request and a maintenance plan State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. In a proposed rule published on July 11, 2007, EPA proposed to approve a request that the Pittsburgh-Beaver Valley, Pennsylvania, ozone nonattainment area (the Pittsburgh Area) be redesignated as attainment for the 8-hour ozone national ambient air quality standard (NAAQS) that was promulgated on July 18, 1997. In conjunction with the proposed action on the redesignation request, we also proposed to approve a maintenance plan for the Pittsburgh Area that provides for continued attainment of the 8-hour ozone NAAQS for at least 10 years after redesignation, and, to approve a 2002 base year inventory for the Pittsburgh Area. On May 29, 2008, the Pennsylvania Department of Environmental Protection (PADEP) submitted a letter to formally withdraw the redesignation request and the maintenance plan SIP revision. FOR FURTHER INFORMATION CONTACT: Christopher Cripps, (215) 814–2179, or by e-mail at cripps.christopher@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean EPA. Environmental protection, Air pollution control, Nitrogen dioxide, Particulate matter, Reporting and I. Background On April 26, 2007, the PADEP formally submitted a request to PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\17NOP1.SGM 17NOP1

Agencies

[Federal Register Volume 73, Number 222 (Monday, November 17, 2008)]
[Proposed Rules]
[Pages 67825-67827]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27192]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2008-0073; FRL8741-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Amendments to Ambient Air Quality Standards for Particulate 
Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the Commonwealth of Virginia. This revision 
consists of amendments to the Commonwealth of Virginia's ambient air 
quality standards for particulate matter. This action is being taken 
under the Clean Air Act (CAA).

DATES: Written comments must be received on or before December 17, 
2008.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2008-0073 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: fernandez.cristina@epa.gov.

[[Page 67826]]

    C. Mail: EPA-R03-OAR-2008-0073, Cristina Fernandez, Chief, Air 
Quality Planning, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2008-0073. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal 
are available at the Virginia Department of Environmental Quality, 629 
East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Gobeail McKinley, (215) 814-2033, or 
by e-mail at mckinley.gobeail@epa.gov.

SUPPLEMENTARY INFORMATION: On January 7, 2008, the Commonwealth of 
Virginia submitted a formal revision to its State Implementation Plan. 
The SIP revision consists of amendments to the Commonwealth's existing 
ambient air quality standards in 9 VAC 5 Chapter 30.

I. Background

    Effective on September 16, 1997, EPA established two new standards 
for fine particulate matter (PM2.5) that applies to 
particles 2.5 micrometers in diameter or less (62 FR 38652). The two 
new PM2.5 standards were set at 15 micrograms per cubic 
meter ([mu]g/m3), based on the 3-year average of annual 
arithmetic mean PM2.5 concentrations from single or multiple 
community-oriented monitors, and 65 [mu]g/m3, based on the 
3-year average of the 98th percentile of 24-hour PM2.5 
concentrations at each population-oriented monitor within an area. 
Effective on December 18, 2006, EPA revised the level of the 24-hour 
PM2.5 standard to 35 [mu]g/m3, retained the level 
of the annual PM2.5 standard at 15 [mu]g/m3, 
retained the 24-hour PM10 standard at 150 [mu]g/
m3, and revoked the annual PM10 standard (71 FR 
61144).

II. Summary of SIP Revision

    The Commonwealth's SIP revision to the Virginia Regulations for the 
Control and Abatement of Air Pollution: 9 VAC 5 Chapter 30--Ambient Air 
Quality Standards incorporates the annual and 24-hour PM2.5 
national ambient air quality standards (NAAQS) that were established by 
the EPA on July 18, 1997 (62 FR 38652) and on October 17, 2006 (71 FR 
61144). The revision is consistent with the national ambient air 
quality standards set out in 40 CFR part 50. The SIP revision amends 
the Commonwealth's PM2.5 standard to add the new 24-hour 
standard of 35 [mu]g/m3, retains the current 24-hour 
standard of 65 [mu]g/m3 during the transition to the new 
standard, adds transitional language to clarify implementation of these 
standards, and removes obsolete language referencing the annual 
PM10 standard. The SIP revision also adds new reference 
conditions to make the state regulation consistent with 40 CFR part 50.

III. 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 (1) that are generated or developed 
before the commencement of a voluntary environmental assessment; (2) 
that are prepared independently of the assessment process; (3) that 
demonstrate a clear, imminent and substantial danger to the public 
health or environment; or (4) that 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

[[Page 67827]]

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.

III. Proposed Action

    EPA is proposing to approve the Virginia SIP revision for 
amendments to the existing air quality standards, 9 VAC 5 Chapter 30. 
The Commonwealth's SIP revision (9 VAC 5-30-65) includes an incorrect 
reference of the Federal Register document for the annual and 24-hour 
PM2.5 NAAQS that were established by the EPA on July 18, 
1997 (62 FR 38652). EPA will not promulgate a final approval rule until 
the Commonwealth of Virginia submits a correction to 9 VAC 5 Chapter 
30. EPA is soliciting public comments on the issues discussed in this 
document. These comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act 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 Clean Air Act. 
Accordingly, this action merely proposes to approve state law as 
meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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 Clean Air Act; 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).
    In addition, this proposed rule, amending ambient air quality 
standards for particulate matter in the Commonwealth of Virginia, does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), because the SIP is not approved to apply 
in Indian country located in the state, and EPA notes that it will not 
impose substantial direct costs on tribal governments or preempt tribal 
law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: November 6, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E8-27192 Filed 11-14-08; 8:45 am]
BILLING CODE 6560-50-P