Approval and Promulgation of Air Quality Implementation Plans; Virginia; Amendments to Virginia's Regulation Regarding the Sulfur Dioxide National Ambient Air Quality Standard, 5400-5403 [2012-2334]
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5400
Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Rules and Regulations
Environment
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
tkelley on DSK3SPTVN1PROD with RULES
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves establishment of a temporary
safety zone. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Carolina or his designated
representatives.
(2) The operator of any vessel in the
immediate vicinity of this safety zone
shall:
(i) Stop the vessel immediately upon
being directed to do so by any
commissioned, warrant or petty officer
on shore or on board a vessel that is
displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by any
commissioned, warrant or petty officer
on shore or on board a vessel that is
displaying a U.S. Coast Guard Ensign.
(3) The Captain of the Port, Sector
North Carolina can be reached through
the Sector Duty Officer at Sector North
Carolina in Wilmington, North Carolina
at telephone Number 910–343–3880.
(4) The Coast Guard Representatives
enforcing the safety zone can be
contacted on VHF–FM marine band
radio channel 13 (165.65Mhz) and
channel 16 (156.8 MHz).
(d) Enforcement Period: This
regulation will be enforced from 7 a.m.
until 11 a.m., and from 12:01 p.m. until
4 p.m. on February 6, 2012; from 7 a.m.
until 11 a.m., and from 12:01 p.m. until
4 p.m. on February 7, 2012.
Dated: January 20, 2012.
Anthony Popiel,
Captain, U.S. Coast Guard, Captain of the
Port Sector North Carolina.
[FR Doc. 2012–2390 Filed 2–2–12; 8:45 am]
■
1. The authority citation for part 165
continues to read as follows:
BILLING CODE 9110–04–P
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
ENVIRONMENTAL PROTECTION
AGENCY
■
2. Add § 165.T05–1166 to read as
follows:
[EPA–R03–OAR–2011–0731; FRL–9625–8]
§ 165.T05–1166 Safety Zone; Atlantic
Intracoastal Waterway, Vicinity of Marine
Corps Base, Camp Lejeune, NC.
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Amendments to Virginia’s Regulation
Regarding the Sulfur Dioxide National
Ambient Air Quality Standard
(a) Regulated Area. The following area
is a safety zone: specified waters of the
Captain of the Port Sector North
Carolina zone, as defined in 33 CFR
3.25–20, in the vicinity of the Atlantic
Intracoastal Waterway between position
34°32′51″ N/077°19′36″ W and
34°34′15″ N/077°16′16″ W (NAD 1983).
(b) Definition: For the purposes of this
part, Captain of the Port Representative
means any U.S. Coast Guard
commissioned, warrant or petty officer
who has been authorized by the Captain
of the Port, Sector North Carolina, North
Carolina to act on his behalf.
(c) Regulations: (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port, Sector North
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40 CFR Part 52
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Virginia (Virginia). This revision
pertains to amendments of Virginia’s
regulations regarding the 2010 1-hour
primary national ambient air quality
standard (NAAQS) for sulfur dioxide
(SO2). This action is being taken under
the Clean Air Act (CAA).
DATES: Effective Date: This final rule is
effective on March 5, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
SUMMARY:
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Number EPA–R03–OAR–2011–0731. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., 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 either electronically through
https://www.regulations.gov or in hard
copy for public inspection during
normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
FOR FURTHER INFORMATION CONTACT:
Asrah Khadr, (215) 814–2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On October 14, 2011 (76 FR
63859), EPA published a notice of
proposed rulemaking (NPR) for Virginia.
The NPR proposed approval of
amendments to Virginia’s regulation
regarding the SO2 NAAQS. The formal
SIP revision was submitted by Virginia
on July 12, 2011. Additional background
information behind this SIP revision is
discussed in detail in the NPR. EPA
received no comments on this NPR.
II. Summary of SIP Revision
In June 2010, EPA revised the primary
SO2 NAAQS, establishing a 1-hour
standard at the level of 75 parts per
billion (ppb). The amendments to
Virginia’s regulations include the
adoption of the 2010 1-hour SO2
NAAQS and the nullification of the
existing annual and 24-hour primary
SO2 NAAQS one year after area
designations for the 2010 1-hour
primary SO2 NAAQS. These
amendments can be found under
Regulation 9VAC5–30–30. There were
also administrative changes regarding
these amendments. These changes
include updates to documents
incorporated by reference under 40 CFR
Part 50, as well as administrative
changes regarding those updates. These
changes can be found under Regulation
9VAC5–20–21.E.1.
III. General Information Pertaining to
SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation
that provides, subject to certain
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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
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
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5401
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.
IV. Final Action
EPA is approving the Virginia SIP
revision that adopts the 2010 1-hour
primary SO2 NAAQS under Regulation
9VAC5–30–30 and updates documents
incorporated by reference found under
40 CFR Part 50 under Regulation
9VAC5–20–21.E.1.
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
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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).
review may be filed, and shall not
postpone the effectiveness of such rule
or action.
This action pertaining to amendments
of Virginia’s regulations regarding the
2010 1-hour SO2 NAAQS 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, Sulfur oxides.
Dated: January 17, 2012.
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 entry for
Section 5–30–30. The table in paragraph
(e) is amended by adding an entry for
Documents Incorporated by Reference
after the thirteenth existing entry for
Documents Incorporated by Reference.
The amendments read as follows:
■
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 April 3, 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
§ 52.2420
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES
State citation
*
*
9 VAC 5
*
5–30–30 ....................
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*
*
*
VerDate Mar<15>2010
*
*
*
18:49 Feb 02, 2012
EPA approval date
*
*
*
Chapter 30—Ambient Air Quality Standards [Part III]
*
*
*
Sulfur Oxides (Sulfur Dioxide) ..............................
*
*
State
effective
date
Title/subject
5/25/11
*
*
*
*
2/3/12 [Insert page number where the document begins].
*
*
(e) * * *
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Explanation [former SIP
citation]
*
*
Addition of paragraphs
A.2 through A.4; revisions to paragraphs
A.1, C. and D.
*
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Applicable
geographic area
Name of non-regulatory SIP revision
State
submittal date
*
*
*
*
Documents Incorporated by Reference (9 VAC Statewide .....................
5–20–21, Section E.1.a.(1)).
*
*
*
BILLING CODE 6560–50–P
NATIONAL SCIENCE FOUNDATION
45 CFR Part 670
Conservation of Antarctic Animals and
Plants
Foundation.
Pursuant to the Antarctic
Conservation Act of 1978, The National
Science Foundation (NSF) is amending
its regulations to reflect newly
designated Antarctic Specially Protected
Areas (ASPA), Antarctic Specially
Managed Areas (ASMA) and Historical
Sites or Monuments (HSM). These
additions reflect measures already
adopted by the Antarctic Treaty Parties
at recent Antarctic Treaty Consultative
Meetings (ATCM). Finally, the
regulation is being revised to correct
some typographical and numbering
errors.
DATES: Effective February 3, 2012.
FOR FURTHER INFORMATION CONTACT:
Bijan Gilanshah, Office of the General
Counsel, (703) 292–8060.
SUPPLEMENTARY INFORMATION: The
Antarctic Conservation Act of 1978, as
amended (‘‘ACA’’) (16 U.S.C. 2401, et
seq.) implements the Protocol on
Environmental Protection to the
Antarctic Treaty (‘‘the Protocol’’).
Annex V contains provisions for the
protection of specially designated areas
specially managed areas and historic
sites and monuments. Section 2405 of
title 16 of the ACA directs the Director
of the National Science Foundation to
issue such regulations as are necessary
and appropriate to implement Annex V
to the Protocol.
The Antarctic Treaty Parties, which
includes the United States, periodically
adopt measures to establish additional
specially protected areas, specially
managed areas and historical sites or
monuments in Antarctica. This rule is
being revised to reflect three newly
added Antarctic specially protected
areas (ASPAs 168–171), one specially
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SUMMARY:
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*
*
2/3/12 [Insert page
number where the
document begins].
*
*
5/25/11
*
Additional explanation
*
Addition of paragraphs
(1)(a) and (1)(u). The
citations of all other
paragraphs are revised.
*
managed area (ASMA 7) and five
historical sites and monuments in
Antarctica (HSM 83–87).
[FR Doc. 2012–2334 Filed 2–2–12; 8:45 am]
AGENCY: National Science
ACTION: Final rule.
EPA approval date
principles underlying and requirements
of E.O. 12988 are not implicated.
Public Participation
The addition of these areas and sites
merely reflects decisions already made
by the Antarctic Treaty Parties at
various international ATCM meetings.
Because these amendments involve a
foreign affairs function, the provisions
of Executive Order 12866 and the
Administrative Procedure Act (5 U.S.C.
553), requiring notice of proposed
rulemaking, opportunity for public
participation, and delay in effective
date, are inapplicable. Further, because
no notice of proposed rulemaking is
required for this rule, the Regulatory
Flexibility Act (5 U.S.C. 601–612) does
not apply. Although this rule is exempt
from the Regulatory Flexibility Act, it
has nonetheless been determined that
this rule will not have a significant
impact on a substantial number of small
businesses. Finally, as the agency has
determined that this action pertains to
the foreign affairs function of the United
States it accordingly is not a ‘‘rule’’ as
that term is used by the Congressional
Review Act (5 U.S.C. 801–808).
Therefore, the reporting requirement of
5 U.S.C. 801 does not apply.
The Foundation has considered this
final rule under the requirements of E.O.
13132 on federalism and has
determined that the final rule conforms
with the federalism principles set out in
this E.O.; will not impose any
compliance costs on the States; and will
not have substantial direct effects on the
States, the relationship between the
Federal government and the States, or
the distribution of power and
responsibilities among the various
levels of government. Therefore, the
Foundation has determined that no
further assessment of federalism
implications is necessary.
Moreover, the Foundation has
determined that promulgation of this
final rule does not require advance
consultation with Indian Tribal officials
as set forth in E.O. 13175, Consultation
and Coordination with Indian Tribal
Governments.
Environmental Impact
This final rule makes conforming
changes to the National Science
Foundation’s regulations to reflect the
substantive outcomes of recent
Antarctic Treaty Consultative Meetings.
The actions taken by the Antarctic
Treaty Parties to specially protect and
manage these new Antarctic areas and
historic resources will result in added
protection of the Antarctic environment
and its historic resources.
No Takings Implications
The Foundation has determined that
the final rule will not involve the taking
of private property pursuant to E.O.
12630.
Civil Justice Reform
The Foundation has considered this
final rule under E.O. 12988 on civil
justice reform and determined the
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Federalism and Consultation and
Coordination With Indian Tribal
Governments
Energy Effects
The Foundation has reviewed this
final rule under E.O. 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. The Foundation
has determined that this final rule does
not constitute a significant energy action
as defined in the E.O.
Unfunded Mandates
Pursuant to Title II of the Unfunded
Mandates Reform Act of 1995 (2 U.S.C.
1531–1538), the Foundation has
assessed the effects of this final rule on
State, local, and Tribal governments and
the private sector. This final rule will
not compel the expenditure of $100
million or more by any State, local, or
Tribal government or anyone in the
private sector. Therefore, a statement
under section 202 of the act is not
required.
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Agencies
[Federal Register Volume 77, Number 23 (Friday, February 3, 2012)]
[Rules and Regulations]
[Pages 5400-5403]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2334]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0731; FRL-9625-8]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Amendments to Virginia's Regulation Regarding the Sulfur
Dioxide National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Virginia (Virginia). This revision
pertains to amendments of Virginia's regulations regarding the 2010 1-
hour primary national ambient air quality standard (NAAQS) for sulfur
dioxide (SO2). This action is being taken under the Clean
Air Act (CAA).
DATES: Effective Date: This final rule is effective on March 5, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
[[Page 5401]]
Number EPA-R03-OAR-2011-0731. All documents in the docket are listed in
the https://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
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 either electronically through https://www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.
FOR FURTHER INFORMATION CONTACT: Asrah Khadr, (215) 814-2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On October 14, 2011 (76 FR 63859), EPA published a
notice of proposed rulemaking (NPR) for Virginia. The NPR proposed
approval of amendments to Virginia's regulation regarding the
SO2 NAAQS. The formal SIP revision was submitted by Virginia
on July 12, 2011. Additional background information behind this SIP
revision is discussed in detail in the NPR. EPA received no comments on
this NPR.
II. Summary of SIP Revision
In June 2010, EPA revised the primary SO2 NAAQS,
establishing a 1-hour standard at the level of 75 parts per billion
(ppb). The amendments to Virginia's regulations include the adoption of
the 2010 1-hour SO2 NAAQS and the nullification of the
existing annual and 24-hour primary SO2 NAAQS one year after
area designations for the 2010 1-hour primary SO2 NAAQS.
These amendments can be found under Regulation 9VAC5-30-30. There were
also administrative changes regarding these amendments. These changes
include updates to documents incorporated by reference under 40 CFR
Part 50, as well as administrative changes regarding those updates.
These changes can be found under Regulation 9VAC5-20-21.E.1.
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
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 Virginia SIP revision that adopts the 2010 1-
hour primary SO2 NAAQS under Regulation 9VAC5-30-30 and
updates documents incorporated by reference found under 40 CFR Part 50
under Regulation 9VAC5-20-21.E.1.
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
[[Page 5402]]
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 April 3, 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.
This action pertaining to amendments of Virginia's regulations
regarding the 2010 1-hour SO2 NAAQS 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, Sulfur oxides.
Dated: January 17, 2012.
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 entry for Section 5-30-30. The table in paragraph (e) is amended by
adding an entry for Documents Incorporated by Reference after the
thirteenth existing entry for Documents Incorporated by Reference. The
amendments read as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
Explanation
State citation Title/subject State EPA approval date [former SIP
effective date citation]
----------------------------------------------------------------------------------------------------------------
* * * * * * *
9 VAC 5 Chapter 30--Ambient Air Quality Standards [Part III]
* * * * * * *
5-30-30....................... Sulfur Oxides (Sulfur 5/25/11 2/3/12 [Insert Addition of
Dioxide). page number where paragraphs A.2
the document through A.4;
begins]. revisions to
paragraphs A.1,
C. and D.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
[[Page 5403]]
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Documents Incorporated by Statewide.......... 5/25/11 2/3/12 [Insert page Addition of
Reference (9 VAC 5-20-21, number where the paragraphs (1)(a)
Section E.1.a.(1)). document begins]. and (1)(u). The
citations of all
other paragraphs
are revised.
* * * * * * *
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[FR Doc. 2012-2334 Filed 2-2-12; 8:45 am]
BILLING CODE 6560-50-P