Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revision to Nitrogen Oxides Budget Trading Program, 68638-68641 [2011-28640]

Download as PDF 68638 Federal Register / Vol. 76, No. 215 / Monday, November 7, 2011 / Rules and Regulations PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing airworthiness directive (AD) 2010–18–02, Amendment 39–16415 (75 FR 52240, August 25, 2010), and adding the following new AD: ■ 2011–23–01 Thielert Aircraft Engines GmbH: Amendment 39–16852; Docket No. FAA–2010–0683; Directorate Identifier 2010–NE–25–AD. (a) Effective Date This AD is effective November 22, 2011. (b) Affected ADs This AD supersedes AD 2010–18–02, Amendment 39–16415, (75 FR 52240, August 25, 2010). (c) Applicability This AD applies to Thielert Aircraft Engines GmbH (TAE): (1) TAE 125–01 reciprocating engines (commercial designation Centurion 1.7), all serial numbers (S/Ns), if a clutch assembly part number (P/N) 02–7210–11001R13 is installed, and (2) TAE 125–02–99 reciprocating engines (commercial designation Centurion 2.0), all S/Ns, if a clutch assembly P/N 05–7211– K006001 or P/N 05–7211–K006002 is installed. emcdonald on DSK5VPTVN1PROD with RULES (d) Unsafe Condition This AD was prompted by TAE identifying additional clutch assemblies that could fail with nonconforming disc springs. These failures could lead to engine in-flight shutdown and loss of control of the airplane. We are issuing this AD to correct the unsafe condition on these products. (e) Actions and Compliance Unless already done, do the following actions. (1) After the effective date of this AD, for clutch assembly P/N 02–7210–11001R13, P/N 05–7211–K006001 and P/N 05–7211– K006002, with an S/N listed in TAE Service Bulletin (SB) No. TM TAE 125–0021, Revision 1, dated August 17, 2011, or SB No. TM TAE 125–1011 P1, Revision 2, dated August 31, 2011, do the following: (i) For engines with affected clutch assemblies that have accumulated 100 flight hours or more on the effective date of this AD, replace the clutch assembly before further flight. (ii) For engines with affected clutch assemblies that have accumulated less than 100 flight hours on the effective date of this AD, replace the clutch assembly before accumulating 100 flight hours. (2) After the effective date of this AD: (i) Do not install an engine having a clutch assembly that is listed by S/N in TAE SB No. TM TAE 125–0021, Revision 1, dated August VerDate Mar<15>2010 17:29 Nov 04, 2011 Jkt 226001 17, 2011, or SB No. TM TAE 125–1011 P1, Revision 2, dated August 31, 2011, and (ii) Do not install any clutch assembly listed by S/N in TAE SB No. TM TAE 125– 0021, Revision 1, dated August 17, 2011, or SB No. TM TAE 125–1011 P1, Revision 2, dated August 31, 2011, into any engine. ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2011–0773; FRL–9487–6] (f) Alternative Methods of Compliance (AMOCs) The Manager, Engine Certification Office, FAA, may approve AMOCs to this AD. Use the procedures found in 14 CFR 39.19 to make your request. Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revision to Nitrogen Oxides Budget Trading Program AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. (g) Related Information (1) Refer to MCAI EASA AD 2011–0152– E, dated August 18, 2011, for related information. (2) Contact Alan Strom, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; email: alan.strom@faa.gov; phone: (781) 238–7143; fax: (781) 238–7199, for more information about this AD. (h) Material Incorporated by Reference (1) You must use Thielert Aircraft Engines GmbH Service Bulletin No. TM TAE 125– 0021, Revision 1, dated August 17, 2011, and Service Bulletin No. TM TAE 125–1011 P1, Revision 2, dated August 31, 2011, to identify the affected clutch assemblies requiring replacement by this AD. (2) The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51. (3) For service information identified in this AD, contact Thielert Aircraft Engines GmbH, Platanenstrasse 14 D–09350, Lichtenstein, Germany; phone: +49–37204– 696–0; fax: +49–37204–696–55; email: info@centurion-engines.com. (4) You may review copies at the FAA, New England Region, 12 New England Executive Park, Burlington, MA; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030, or go to: http:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Burlington, Massachusetts, on October 19, 2011. Peter A. White, Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. 2011–28672 Filed 11–4–11; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 EPA is taking direct final action to approve a revision to the Virginia State Implementation Plan (SIP). The revision pertains to regulatory language in its nitrogen oxides (NOX) Budget Trading Program that inadvertently ended its NOX budget at the end of the 2008 ozone season. EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA). DATES: This rule is effective on January 6, 2012 without further notice, unless EPA receives adverse written comment by December 7, 2011. 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 Number EPA– R03–OAR–2011–0773 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. Email: fernandez.cristina@epa.gov. C. Mail: EPA–R03–OAR–2011–0773, Cristina Fernandez, Associate Director, Office of Air Program Planning, Mailcode 3AP30, 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–2011– 0773. 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 SUMMARY: E:\FR\FM\07NOR1.SGM 07NOR1 Federal Register / Vol. 76, No. 215 / Monday, November 7, 2011 / Rules and Regulations 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 email 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, 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: Marilyn Powers, (215) 814–2308, or by email at powers.marilyn@epa.gov. SUPPLEMENTARY INFORMATION: emcdonald on DSK5VPTVN1PROD with RULES I. Background Throughout this document, whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. On September 27, 2010, the Commonwealth of Virginia Department of Environmental Quality (VADEQ) submitted a formal revision to its State Implementation Plan (SIP). The SIP revision pertains to the NOX budget established in Virginia regulation 9VAC5 Chapter 140 Part I (NOX Budget Trading Program), which was adopted by the Commonwealth and approved into its SIP to meet the VerDate Mar<15>2010 16:46 Nov 04, 2011 Jkt 226001 requirements of the NOX SIP Call. Virginia determined that regulatory language inadvertently ended the State budget at the end of the 2008 ozone season. Because the NOX SIP Call requirements continue to apply to the affected states, revision of the applicable end date in regulation 9VAC5 Chapter 140, Part I is required in order for the budget to apply to ozone season 2009 and beyond. It should be noted that Virginia has continued to comply with the requirements of the NOX SIP Call through its approved Clean Air Interstate Rule (CAIR) NOX Ozone Season Trading Program at 9VAC5 Chapter 140, Part III. As explained in the preamble for CAIR (70 FR 25162, May 12, 2005), states could meet the requirements of the NOX SIP Call by achieving all of the emissions reductions required under CAIR from electric generating units (EGUs) by participating in the CAIR Ozone Season NOX Trading Program, and by bringing its non-EGUs that were participating in the NOX SIP Call Budget Trading Program into the CAIR Ozone Season NOX Trading Program using the same non-EGU budget and applicability requirements that were in their NOX SIP Call Budget Trading Program. Virginia chose to implement its CAIR ozone season NOX obligations by participating in the CAIR Ozone Season NOX Trading Program and brought their non-EGUs into this program, which was approved into the Virginia SIP on December 28, 2007 (72 FR 73602). II. Summary of SIP Revision On September 27, 2010, VADEQ submitted a SIP revision that extends the NOX SIP Call budget beyond the 2008 ozone season. The SIP revision consists of amendments to sections 5– 140–900, 5–140–920, and 5–140–930 that extend the EGU NOX budget of 17,091 tons and the non-EGU budget of 4,104 tons to the 2009 ozone season and each ozone season thereafter. 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 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 68639 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 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 E:\FR\FM\07NOR1.SGM 07NOR1 68640 Federal Register / Vol. 76, No. 215 / Monday, November 7, 2011 / Rules and Regulations 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. IV. Final Action emcdonald on DSK5VPTVN1PROD with RULES EPA is approving the SIP revision submitted by VADEQ on September 27, 2009 that extends the NOX SIP Call budget beyond the 2008 ozone season. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comment. However, in the ‘‘Proposed Rules’’ section of today’s Federal Register, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision if adverse comments are filed. This rule will be effective on January 6, 2012 without further notice unless EPA receives adverse comment by December 7, 2011. If EPA receives adverse comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. V. 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). VerDate Mar<15>2010 16:46 Nov 04, 2011 Jkt 226001 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 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 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). In addition, this rule 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. 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 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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 January 6, 2012. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today’s Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action to extend Virginia’s budget under the NOX SIP Call may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Sulfur oxides. Dated: October 25, 2011. W.C. Early, Acting Regional Administrator, Region III. 40 CFR Part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for 40 CFR part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart VV—Virginia 2. In § 52.2420, the table in paragraph (c) is amended by revising the entries for Sections 5–140–900, 5–140–920, and 5–140–930 to read as follows: ■ E:\FR\FM\07NOR1.SGM 07NOR1 68641 Federal Register / Vol. 76, No. 215 / Monday, November 7, 2011 / Rules and Regulations § 52.2420 Identification of plan. * * * * (c) * * * * EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES State citation State effective date Title/subject * * * Explanation [former SIP citation] EPA approval date * * * * 9 VAC 5, Chapter 140 * State trading program budget Part I * NOX Budget Trading Program * * * Article 10 * * State Trading Program Budget and Compliance Supplement Pool 5–140–900 ................. State trading program budget ........... 12/31/08 11/7/11 [Insert page number where the document begins]. * 5–140–920 ................. * * Total electric generating unit allocations. * 12/31/08 5–140–930 ................. Total non-electric generating unit allocations. 12/31/08 * * * 11/7/11 [Insert page number where Add subsection B, which exthe document begins]. tends the NOX budget beyond 2008. 11/7/11 [Insert page number where Add subsection B, which exthe document begins]. tends the NOX budget beyond 2008. * * * * * * * * [FR Doc. 2011–28640 Filed 11–4–11; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 1 and 43 [WC Docket No. 07–38; FCC 08–89, 08–148] Development of Nationwide Broadband Data To Evaluate Reasonable and Timely Deployment of Advanced Services to All Americans, Improvement of Wireless Broadband Subscribership Data, and Development of Data on Interconnected Voice over Internet Protocol (VoIP) Subscribership Federal Communications Commission. ACTION: Final rule; announcement of effective date. AGENCY: The Federal Communications Commission published a document in the Federal Register that contained new information collection requirements. This document announces that, on January 30, 2009, the Office of Management and Budget (OMB) gave approval for these information requirements contained in the emcdonald on DSK5VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:46 Nov 04, 2011 Jkt 226001 * * Commission’s Report and Order and Further Notice of Proposed Rulemaking, as well as the Order on Reconsideration, Development of Nationwide Broadband Data To Evaluate Reasonable and Timely Deployment of Advanced Services to All Americans, Improvement of Wireless Broadband Subscribership Data, and Development of Data on Interconnected Voice over Internet Protocol (VoIP) Subscribership. DATES: The amendments to 47 CFR 1.7001 and 47 CFR 43.11 in the final rule published July 2, 2008, at 73 FR 37869 are effective November 7, 2011. FOR FURTHER INFORMATION CONTACT: Jeremy Miller, Industry Analysis and Technology Division, Wireline Competition Bureau, at (202) 418–1507, or via the Internet at jeremy.miller@fcc.gov. SUPPLEMENTARY INFORMATION: The Federal Communications Commission has received OMB approval for the rules contained in information collection OMB Control No. 3060–0816, Local Telephone Competition and Broadband Reporting. The information collection was adopted in two orders: (1) The Report and Order and Notice of Proposed Rulemaking, Development of Nationwide Broadband Data To Evaluate Reasonable and Timely Deployment of Advanced Services to PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 Revise applicable year to 2004 and each year thereafter. * * All Americans, Improvement of Wireless Broadband Subscribership Data, and Development of Data on Interconnected Voice over Internet Protocol (VoIP) Subscribership in WC Docket No. 07–38, which appears at 73 FR 37869, July 2, 2008, and (2) the Order on Reconsideration, Development of Nationwide Broadband Data To Evaluate Reasonable and Timely Deployment of Advanced Services to All Americans, Improvement of Wireless Broadband Subscribership Data, and Development of Data on Interconnected Voice over Internet Protocol (VoIP) Subscribership in WC Docket No. 07–38, which appears at 73 FR 37861, July 2, 2008. These information requests required OMB approval to be effective. Through this document, the Commission announces that it has received this approval (OMB Control No. 3060–0816, Expiration Date: April 30, 2013), and that the adopted rules are in effect. Pursuant to the Paperwork Reduction Act of 1995, Public Law 104–13, an agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. Notwithstanding any other provisions of law, no person shall be subject to any penalty for failing to comply with a collection of information subject to the E:\FR\FM\07NOR1.SGM 07NOR1

Agencies

[Federal Register Volume 76, Number 215 (Monday, November 7, 2011)]
[Rules and Regulations]
[Pages 68638-68641]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28640]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0773; FRL-9487-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Revision to Nitrogen Oxides Budget Trading Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve a revision to the 
Virginia State Implementation Plan (SIP). The revision pertains to 
regulatory language in its nitrogen oxides (NOX) Budget 
Trading Program that inadvertently ended its NOX budget at 
the end of the 2008 ozone season. EPA is approving this revision in 
accordance with the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on January 6, 2012 without further 
notice, unless EPA receives adverse written comment by December 7, 
2011. 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 Number EPA-
R03-OAR-2011-0773 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: fernandez.cristina@epa.gov.
    C. Mail: EPA-R03-OAR-2011-0773, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, 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-
2011-0773. 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

[[Page 68639]]

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 email 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, 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: Marilyn Powers, (215) 814-2308, or by 
email at powers.marilyn@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    Throughout this document, whenever ``we,'' ``us,'' or ``our'' is 
used, we mean EPA. On September 27, 2010, the Commonwealth of Virginia 
Department of Environmental Quality (VADEQ) submitted a formal revision 
to its State Implementation Plan (SIP).
    The SIP revision pertains to the NOX budget established 
in Virginia regulation 9VAC5 Chapter 140 Part I (NOX Budget 
Trading Program), which was adopted by the Commonwealth and approved 
into its SIP to meet the requirements of the NOX SIP Call. 
Virginia determined that regulatory language inadvertently ended the 
State budget at the end of the 2008 ozone season. Because the 
NOX SIP Call requirements continue to apply to the affected 
states, revision of the applicable end date in regulation 9VAC5 Chapter 
140, Part I is required in order for the budget to apply to ozone 
season 2009 and beyond. It should be noted that Virginia has continued 
to comply with the requirements of the NOX SIP Call through 
its approved Clean Air Interstate Rule (CAIR) NOX Ozone 
Season Trading Program at 9VAC5 Chapter 140, Part III. As explained in 
the preamble for CAIR (70 FR 25162, May 12, 2005), states could meet 
the requirements of the NOX SIP Call by achieving all of the 
emissions reductions required under CAIR from electric generating units 
(EGUs) by participating in the CAIR Ozone Season NOX Trading 
Program, and by bringing its non-EGUs that were participating in the 
NOX SIP Call Budget Trading Program into the CAIR Ozone 
Season NOX Trading Program using the same non-EGU budget and 
applicability requirements that were in their NOX SIP Call 
Budget Trading Program. Virginia chose to implement its CAIR ozone 
season NOX obligations by participating in the CAIR Ozone 
Season NOX Trading Program and brought their non-EGUs into 
this program, which was approved into the Virginia SIP on December 28, 
2007 (72 FR 73602).

II. Summary of SIP Revision

    On September 27, 2010, VADEQ submitted a SIP revision that extends 
the NOX SIP Call budget beyond the 2008 ozone season. The 
SIP revision consists of amendments to sections 5-140-900, 5-140-920, 
and 5-140-930 that extend the EGU NOX budget of 17,091 tons 
and the non-EGU budget of 4,104 tons to the 2009 ozone season and each 
ozone season thereafter.

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 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

[[Page 68640]]

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.

IV. Final Action

    EPA is approving the SIP revision submitted by VADEQ on September 
27, 2009 that extends the NOX SIP Call budget beyond the 
2008 ozone season. EPA is publishing this rule without prior proposal 
because the Agency views this as a noncontroversial amendment and 
anticipates no adverse comment. However, in the ``Proposed Rules'' 
section of today's Federal Register, EPA is publishing a separate 
document that will serve as the proposal to approve the SIP revision if 
adverse comments are filed. This rule will be effective on January 6, 
2012 without further notice unless EPA receives adverse comment by 
December 7, 2011. If EPA receives adverse comment, EPA will publish a 
timely withdrawal in the Federal Register informing the public that the 
rule will not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

V. 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 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 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).
    In addition, this rule 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.

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 January 6, 2012. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action to extend Virginia's budget under the 
NOX SIP Call may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Sulfur oxides.

    Dated: October 25, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
    40 CFR Part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for 40 CFR part 52 continues to read as 
follows:

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

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (c) is amended by revising 
the entries for Sections 5-140-900, 5-140-920, and 5-140-930 to read as 
follows:

[[Page 68641]]

Sec.  52.2420  Identification of plan.

* * * * *
    (c) * * *

                                                     EPA-Approved Virginia Regulations and Statutes
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        State  effective                                       Explanation [former SIP
          State citation                      Title/subject                   date                 EPA approval date                  citation]
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
9 VAC 5,                                                                        State trading program budget
Chapter 140
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part I                                                                           NOX Budget Trading Program
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Article 10                                                       State Trading Program Budget and Compliance Supplement Pool
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-140-900.........................  State trading program budget.....  12/31/08..........  11/7/11 [Insert page number       Revise applicable year to
                                                                                            where the document begins].       2004 and each year
                                                                                                                              thereafter.
 
                                                                      * * * * * * *
5-140-920.........................  Total electric generating unit     12/31/08..........  11/7/11 [Insert page number       Add subsection B, which
                                     allocations.                                           where the document begins].       extends the NOX budget
                                                                                                                              beyond 2008.
5-140-930.........................  Total non-electric generating      12/31/08..........  11/7/11 [Insert page number       Add subsection B, which
                                     unit allocations.                                      where the document begins].       extends the NOX budget
                                                                                                                              beyond 2008.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2011-28640 Filed 11-4-11; 8:45 am]
BILLING CODE 6560-50-P