Approval and Promulgation of Air Quality Implementation Plans; Virginia; The 2002 Base Year Inventory, 45304-45307 [2012-18657]
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Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules
under the PSD program. EPA’s analysis
of the approvability of West Virginia’s
automatic rescission language is
provided in the TSD for this current
action.
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D. Infrastructure Requirements Relating
to West Virginia’s PSD Permit Program
With the addition of the requirements
for PSD described above, West
Virginia’s program contains all of the
emission limitations and control
measures and other program elements
required by 40 CFR 51.166 related to the
PM2.5, ozone, and lead NAAQS.
Therefore, we are proposing to approve
the August 31, 2011 SIP submittal and
relevant portions of West Virginia’s
infrastructure SIP submittals for the
purpose of determining that West
Virginia has met its statutory obligations
relating to its PSD permit program
under CAA sections 110(a)(2)(C),
(D)(i)(II), and (J) for the 2008 lead
NAAQS and 2008 ozone NAAQS. EPA
is also making a determination that
West Virginia has met its obligations
relating to the PSD permit program
pursuant to CAA section
110(a)(2)(D)(i)(II) for the 1997 PM2.5
NAAQS, 1997 ozone NAAQS, and 2006
PM2.5 NAAQS . As already noted, the
TSD for this action contains a detailed
discussion of the relevant submissions
and EPA’s rationale for making this
determination.
II. Summary of SIP Revision
The SIP revision submitted by
WVDEP consists of amendments to the
PSD permitting regulations of Articles
45CSR14. The revision fulfills the
Federal program requirements
established by the EPA rulemaking
actions discussed above. The
amendments establish the major source
threshold and significant emission rate
for PM2.5 pursuant to the May 2008 NSR
PM 2.5 Rule, and establish thresholds at
which GHGs become subject to
regulation under the PSD program
pursuant to the June 2010 Tailoring
Rule. Several minor revisions were
made as well in order to be consistent
with Federal counterpart language.
The version of 45CSR14 submitted by
West Virginia for approval into the SIP
was adopted by West Virginia on March
18, 2011, and effective on June 16, 2011.
They include revisions to 45CSR14—
Permits for Construction and Major
Modification of Major Stationary
Sources of Air Pollution for the
Prevention of Significant Deterioration.
Based upon EPA’s review of the
revisions submitted by West Virginia for
approval into the SIP, EPA find these
revisions to be consistent with their
Federal counterparts. A detailed
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summary of the NSR PM2.5 rule, the
Tailoring Rule, and a list of revisions to
the state rule is available in the TSD.
III. Proposed Action
EPA’s review of the August 31, 2011
submittal finds the regulations
consistent with their Federal
counterparts. Therefore, EPA is
proposing to approve this West Virginia
SIP revision. Additionally, in light of
this SIP revision, EPA is proposing to
approve the portions of West Virginia’s
submissions dated December 3, 2007,
December 11, 2007, April 3, 2008,
October 1, 2009, October 26, 2011, and
February 17, 2012 which address the
obligations set forth at CAA sections
110(a)(2)(C), (D)(i)(II) and (J) relating to
the West Virginia PSD permit program.
EPA is proposing to determine that West
Virginia’s SIP meets the statutory
obligations relating to its PSD permit
program set forth at CAA sections
110(a)(2)(C), (D)(i)(II) and (J) for the
2008 lead NAAQS, as well as the 2008
ozone NAAQS. Based on these and
previous SIP submittals, EPA is also
proposing to make a determination that
West Virginia has met its obligations
relating to the PSD permit program
pursuant to CAA section
110(a)(2)(D)(i)(II) for the 1997 PM2.5
NAAQS, 1997 ozone NAAQS, and 2006
PM2.5 NAAQS. 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 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 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.);
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• 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 proposed rule
pertaining to NSR requirements for
PM2.5 and GHGs for the West Virginia
SIP 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, Carbon monoxide,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 18, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012–18664 Filed 7–30–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0151; FRL–9706–1]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
The 2002 Base Year Inventory
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Proposed rule.
EPA is proposing to approve
the fine particulate matter (PM2.5) 2002
base year emissions inventory portion of
the Virginia State Implementation Plan
(SIP) revision submitted by the
Commonwealth of Virginia, through the
Virginia Department of Environmental
Quality (VDEQ), on April 4, 2008. The
emissions inventory is part of the
Virginia April 4, 2008 SIP revision that
was submitted to meet nonattainment
requirements related to Virginia’s
portion of the Washington DC–MD–VA
nonattainment area (hereafter referred to
as Virginia Area or Area) for the 1997
PM2.5 National Ambient Air Quality
Standard (NAAQS) SIP. EPA is
proposing to approve the 2002 base year
PM2.5 emissions inventory in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: Written comments must be
received on or before August 30, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2010–0151 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: mastro.donna@epa.gov.
C. Mail: EPA–R03–OAR–2010–0151,
Donna Mastro, Acting 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–2010–
0151. 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 email. 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
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SUMMARY:
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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:
Asrah Khadr, (215) 814–2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Summary of SIP Revision
III. General Information Pertaining to SIP
Submittals From the Commonwealth of
Virginia
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. Background
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On July 18, 1997 (62 FR 38652),
EPA established the 1997 PM2..5
NAAQS, including an annual standard
of 15.0 mg/m3 based on a 3-year average
of annual mean PM2.5 concentrations,
and a 24-hour (or daily) standard of 65
mg/m3 based on a 3-year average of the
98th percentile of 24-hour
concentrations. EPA established the
standards based on significant evidence
and numerous health studies
demonstrating that serious health effects
are associated with exposures to PM2.5.
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Following promulgation of a new or
revised NAAQS, EPA is required by the
CAA to designate areas throughout the
United States as attaining or not
attaining the NAAQS; this designation
process is described in section 107(d)(1)
of the CAA. In 1999, EPA and state airquality agencies initiated the monitoring
process for the 1997 PM2.5 NAAQS and,
by January 2001, established a complete
set of air-quality monitors. On January
5, 2005, EPA promulgated initial airquality designations for the 1997 PM2.5
NAAQS (70 FR 944), which became
effective on April 5, 2005, based on airquality monitoring data for calendar
years 2001–03.
On April 14, 2005, EPA promulgated
a supplemental rule amending the
agency’s initial designations (70 FR
19844), with the same effective date
(April 5, 2005) as that which was
promulgated at 70 FR 944. As a result
of this supplemental rule, PM2.5
nonattainment designations are in effect
for 39 areas, comprising 208 counties
within 20 states (and the District of
Columbia) nationwide, with a combined
population of approximately 88 million.
The Virginia Area which is the subject
of this rulemaking was included in the
list of areas not attaining the 1997 PM2.5
NAAQS. The Virginia Area consists of
the following cities and counties in
Virginia: Arlington County, Alexandria
City, Fairfax County, Loudoun County
and Prince William County.
On January 12, 2009 (74 FR 1146),
EPA determined that Virginia had
attained the 1997 PM2.5 NAAQS in the
Virginia Area. That determination was
based upon quality assured, quality
controlled and certified ambient air
monitoring data that showed the Area
had monitored attainment of the 1997
PM2.5 NAAQS for the 2004–2006
monitoring period and that continued to
show attainment of the 1997 PM2.5
NAAQS based on the 2005–2007 data.
The January 12, 2009 determination
suspended the requirements for Virginia
to submit an attainment demonstration,
associated reasonably available control
measures, a reasonable further progress
plan, contingency measures, and other
planning SIP revisions related to
attainment of the standard for so long as
the nonattainment area continues to
meet the 1997 PM2.5 NAAQS. On
January 23, 2012, VDEQ submitted a
request for withdrawal of the Virginia
1997 PM2.5 SIP revisions including the
withdrawal of the attainment plan,
analysis of reasonably available control
measures, attainment demonstration,
contingency plans and mobile source
budgets. To meet the requirements of
CAA section 172(c)(3), Virginia did not
request the withdrawal of the 2002 base
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of point sources, non-road mobile
sources, area sources, on-road mobile
sources, and biogenic sources. The
pollutants that comprise the inventory
are nitrogen oxides (NOX), volatile
organic compounds (VOCs), PM2.5,
coarse particles (PM10), ammonia (NH3),
and sulfur dioxide (SO2). EPA has
reviewed the results, procedures and
methodologies for the base year
emissions inventory submitted by
year emission inventory portion of the
1997 PM2.5 SIP revisions. Section
172(c)(3) of the CAA requires
submission and approval of a
comprehensive, accurate, and current
inventory of actual emissions.
II. Summary of SIP Revision
The 2002 base year emission
inventory submitted by VDEQ on April
4, 2008 includes emissions estimates
that cover the general source categories
VDEQ. The year 2002 was selected by
VDEQ as the base year for the emissions
inventory per 40 CFR 51.1008(b). A
discussion of the emissions inventory
development as well as the emissions
inventory can be found in Appendix B
of the April 3, 2008 SIP submittal.
Table 1 provides a summary of the
annual 2002 emissions of NOX, VOCs,
PM2.5, PM10, NH3, and SO2 which were
included in the Virginia submittal.
TABLE 1—EMISSIONS OF POLLUTANTS IN TONS PER YEAR
[TPY]
Pollutant
NOX
VOCs
PM2.5
PM10
NH3
SO2
Emissions (TPY) ......................................
75,909.63
92,724.76
8,277.43
29,997.85
2,370.78
49,974.50
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The CAA section 172(c)(3) emissions
inventory is developed by the
incorporation of data from multiple
sources. States were required to develop
and submit to EPA a triennial emissions
inventory according to the Consolidated
Emissions Reporting Rule (CERR) for all
source categories (i.e., point, area,
nonroad mobile and on-road mobile).
The 2002 emissions inventory was
based on data developed by VDEQ and
the Metropolitan Washington Council of
Government (MWCOG). The data were
developed according to current EPA
emissions inventory guidance
‘‘Emissions Inventory Guidance for
Implementation of Ozone and
Particulate Matter NAAQS and Regional
Haze Regulations,’’ August 2005. EPA
preliminarily agrees that the process
used to develop this emissions
inventory is adequate to meet the
requirements of CAA section 172(c)(3),
the implementing regulations, and EPA
guidance for emission inventories. More
information regarding the review of the
base year inventory can be found in the
technical support document (TSD) titled
‘‘2002 SIP Base Year Inventory’’ that is
located in this docket.
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
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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
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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. Proposed Action
EPA is proposing to approve the 2002
base year emissions inventory portion of
the SIP revision submitted by the
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Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules
Commonwealth of Virginia through
VDEQ on April 4, 2008. We have made
the determination that this action is
consistent with section 110 of the CAA.
EPA is soliciting public comments on
the issues discussed in this document.
These comments will be considered
before taking final action.
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V. Statutory and Executive Order
Reviews
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 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 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).
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In addition, this proposed rule,
pertaining to the PM2.5 2002 base year
emissions inventory portion of the
Virginia SIP, 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, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 18, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012–18657 Filed 7–30–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0448; FRL–9707–7]
Approval and Promulgation of Air
Quality Implementation Plans:
Georgia; Control Techniques
Guidelines and Reasonably Available
Control Technology
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
three final and one draft State
Implementation Plan (SIP) revisions
submitted by the State of Georgia,
through the Georgia Environmental
Protection Division (GA EPD), to EPA
on November 13, 1992, October 21,
2009, March 19, 2012, and July 19, 2012
(draft SIP revision). With regard only to
the July 19, 2012, SIP submission, EPA
is also proposing, in the alternative, to
conditionally approve that revision
which relates to certain control
techniques guidelines (CTG) categories.
Together, these four revisions establish
reasonably available control technology
(RACT) requirements for the major
sources located in the Atlanta, Georgia
1997 8-hour ozone nonattainment area
(hereafter referred to as the ‘‘Atlanta
Area’’) that either emit volatile organic
compounds (VOC), nitrogen oxides
(NOx), or both. Georgia’s SIP revisions
include certain VOC source categories
for which EPA has issued CTG. EPA has
evaluated the proposed revisions to
SUMMARY:
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45307
Georgia’s SIP, and has made the
preliminary determination that they are
consistent with statutory and regulatory
requirements and EPA guidance.
DATES: Comments must be received on
or before August 30, 2012.
Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2012–0448 by one of the following
methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4–RDS@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2012–0448’’
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Lynorae
Benjamin, Chief, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal
holidays.
Instructions: Direct your comments to
Docket ID No. ‘‘EPA–R04–OAR–2012–
0448.’’ 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 through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. 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
ADDRESSES:
E:\FR\FM\31JYP1.SGM
31JYP1
]]>Agencies
[Federal Register Volume 77, Number 147 (Tuesday, July 31, 2012)]
[Proposed Rules]
[Pages 45304-45307]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18657]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0151; FRL-9706-1]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; The 2002 Base Year Inventory
AGENCY: Environmental Protection Agency (EPA).
[[Page 45305]]
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve the fine particulate matter
(PM2.5) 2002 base year emissions inventory portion of the
Virginia State Implementation Plan (SIP) revision submitted by the
Commonwealth of Virginia, through the Virginia Department of
Environmental Quality (VDEQ), on April 4, 2008. The emissions inventory
is part of the Virginia April 4, 2008 SIP revision that was submitted
to meet nonattainment requirements related to Virginia's portion of the
Washington DC-MD-VA nonattainment area (hereafter referred to as
Virginia Area or Area) for the 1997 PM2.5 National Ambient
Air Quality Standard (NAAQS) SIP. EPA is proposing to approve the 2002
base year PM2.5 emissions inventory in accordance with the
requirements of the Clean Air Act (CAA).
DATES: Written comments must be received on or before August 30, 2012.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0151 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: mastro.donna@epa.gov.
C. Mail: EPA-R03-OAR-2010-0151, Donna Mastro, Acting 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-
2010-0151. 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 email. 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: Asrah Khadr, (215) 814-2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Summary of SIP Revision
III. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. Background
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On July 18, 1997 (62 FR 38652), EPA established the
1997 PM2..5 NAAQS, including an annual standard of 15.0
[mu]g/m\3\ based on a 3-year average of annual mean PM2.5
concentrations, and a 24-hour (or daily) standard of 65 [mu]g/m\3\
based on a 3-year average of the 98th percentile of 24-hour
concentrations. EPA established the standards based on significant
evidence and numerous health studies demonstrating that serious health
effects are associated with exposures to PM2.5.
Following promulgation of a new or revised NAAQS, EPA is required
by the CAA to designate areas throughout the United States as attaining
or not attaining the NAAQS; this designation process is described in
section 107(d)(1) of the CAA. In 1999, EPA and state air-quality
agencies initiated the monitoring process for the 1997 PM2.5
NAAQS and, by January 2001, established a complete set of air-quality
monitors. On January 5, 2005, EPA promulgated initial air-quality
designations for the 1997 PM2.5 NAAQS (70 FR 944), which
became effective on April 5, 2005, based on air-quality monitoring data
for calendar years 2001-03.
On April 14, 2005, EPA promulgated a supplemental rule amending the
agency's initial designations (70 FR 19844), with the same effective
date (April 5, 2005) as that which was promulgated at 70 FR 944. As a
result of this supplemental rule, PM2.5 nonattainment
designations are in effect for 39 areas, comprising 208 counties within
20 states (and the District of Columbia) nationwide, with a combined
population of approximately 88 million. The Virginia Area which is the
subject of this rulemaking was included in the list of areas not
attaining the 1997 PM2.5 NAAQS. The Virginia Area consists
of the following cities and counties in Virginia: Arlington County,
Alexandria City, Fairfax County, Loudoun County and Prince William
County.
On January 12, 2009 (74 FR 1146), EPA determined that Virginia had
attained the 1997 PM2.5 NAAQS in the Virginia Area. That
determination was based upon quality assured, quality controlled and
certified ambient air monitoring data that showed the Area had
monitored attainment of the 1997 PM2.5 NAAQS for the 2004-
2006 monitoring period and that continued to show attainment of the
1997 PM2.5 NAAQS based on the 2005-2007 data. The January
12, 2009 determination suspended the requirements for Virginia to
submit an attainment demonstration, associated reasonably available
control measures, a reasonable further progress plan, contingency
measures, and other planning SIP revisions related to attainment of the
standard for so long as the nonattainment area continues to meet the
1997 PM2.5 NAAQS. On January 23, 2012, VDEQ submitted a
request for withdrawal of the Virginia 1997 PM2.5 SIP
revisions including the withdrawal of the attainment plan, analysis of
reasonably available control measures, attainment demonstration,
contingency plans and mobile source budgets. To meet the requirements
of CAA section 172(c)(3), Virginia did not request the withdrawal of
the 2002 base
[[Page 45306]]
year emission inventory portion of the 1997 PM2.5 SIP
revisions. Section 172(c)(3) of the CAA requires submission and
approval of a comprehensive, accurate, and current inventory of actual
emissions.
II. Summary of SIP Revision
The 2002 base year emission inventory submitted by VDEQ on April 4,
2008 includes emissions estimates that cover the general source
categories of point sources, non-road mobile sources, area sources, on-
road mobile sources, and biogenic sources. The pollutants that comprise
the inventory are nitrogen oxides (NOX), volatile organic
compounds (VOCs), PM2.5, coarse particles (PM10),
ammonia (NH3), and sulfur dioxide (SO2). EPA has
reviewed the results, procedures and methodologies for the base year
emissions inventory submitted by VDEQ. The year 2002 was selected by
VDEQ as the base year for the emissions inventory per 40 CFR
51.1008(b). A discussion of the emissions inventory development as well
as the emissions inventory can be found in Appendix B of the April 3,
2008 SIP submittal.
Table 1 provides a summary of the annual 2002 emissions of
NOX, VOCs, PM2.5, PM10,
NH3, and SO2 which were included in the Virginia
submittal.
Table 1--Emissions of Pollutants in Tons per Year
[TPY]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollutant NOX VOCs PM2.5 PM10 NH3 SO2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Emissions (TPY)................................... 75,909.63 92,724.76 8,277.43 29,997.85 2,370.78 49,974.50
--------------------------------------------------------------------------------------------------------------------------------------------------------
The CAA section 172(c)(3) emissions inventory is developed by the
incorporation of data from multiple sources. States were required to
develop and submit to EPA a triennial emissions inventory according to
the Consolidated Emissions Reporting Rule (CERR) for all source
categories (i.e., point, area, nonroad mobile and on-road mobile). The
2002 emissions inventory was based on data developed by VDEQ and the
Metropolitan Washington Council of Government (MWCOG). The data were
developed according to current EPA emissions inventory guidance
``Emissions Inventory Guidance for Implementation of Ozone and
Particulate Matter NAAQS and Regional Haze Regulations,'' August 2005.
EPA preliminarily agrees that the process used to develop this
emissions inventory is adequate to meet the requirements of CAA section
172(c)(3), the implementing regulations, and EPA guidance for emission
inventories. More information regarding the review of the base year
inventory can be found in the technical support document (TSD) titled
``2002 SIP Base Year Inventory'' that is located in this docket.
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. Proposed Action
EPA is proposing to approve the 2002 base year emissions inventory
portion of the SIP revision submitted by the
[[Page 45307]]
Commonwealth of Virginia through VDEQ on April 4, 2008. We have made
the determination that this action is consistent with section 110 of
the CAA. EPA is soliciting public comments on the issues discussed in
this document. These comments will be considered before taking final
action.
V. Statutory and Executive Order Reviews
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 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 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 proposed rule, pertaining to the PM2.5
2002 base year emissions inventory portion of the Virginia SIP, 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, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 18, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-18657 Filed 7-30-12; 8:45 am]
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