Approval and Promulgation of Air Quality Implementation Plans; Virginia; Fredericksburg 8-Hour Ozone Maintenance Area Revision to Approved Motor Vehicle Emissions Budgets, 65490-65493 [2012-26403]
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65490
Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Rules and Regulations
Subpart V—Maryland
2. In § 52.1070, the table in paragraph
(e) is amended by adding the entry for
the Attainment Demonstration for the
■
Name of non-regulatory
SIP revision
1997 8-Hour Ozone National Ambient
Air Quality Standard and its Associated
Motor Vehicle Emissions Budgets at the
end of the table to read as follows:
Applicable geographic or
nonattainment area
*
*
*
Attainment Demonstration for
Maryland-Philadelphia-Wilthe 1997 8-Hour Ozone Namington-Atlantic City Modtional Ambient Air Quality
erate Nonattainment Area.
Standard and its Associated
Motor Vehicle Emissions
Budgets.
3. In § 52.1076, paragraph (z) is added
to read as follows:
■
§ 52.1076 Control strategy plans for
attainment and rate-of-progress: Ozone.
*
*
*
*
*
State
submittal
date
*
06/04/07
§ 52.1070
*
Identification of plan.
*
*
(e) * * *
*
EPA approval date
*
Additional explanation
*
*
10/29/12 [Insert page number
where the document begins].
(z) EPA approves the attainment
demonstration portion of the attainment
plan for the 1997 8-hour ozone NAAQS
for the Philadelphia Area submitted as
a revision to the State Implementation
Plan by the Secretary of the Maryland
*
Department of the Environment on June
4, 2007. EPA also approves the 2009
motor vehicle emissions budgets
associated with the attainment
demonstration for Cecil County,
Maryland.
TRANSPORTATION CONFORMITY BUDGETS FOR THE MARYLAND PORTION OF THE PHILADELPHIA AREA
Type of control strategy SIP
Year
VOC
(TPD)
NOX
(TPD)
Attainment Demonstration ...............................................................................................
2009
7.3
2.2
continue to demonstrate maintenance of
the 1997 8-hour national ambient air
quality standard (NAAQS) for ozone.
This action is being taken under the
Clean Air Act (CAA).
[FR Doc. 2012–26394 Filed 10–26–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
DATES:
40 CFR Part 52
[EPA–R03–OAR–2012–0444; FRL–9746–3]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Fredericksburg 8-Hour Ozone
Maintenance Area Revision to
Approved Motor Vehicle Emissions
Budgets
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving the
Commonwealth of Virginia’s State
Implementation Plan (SIP) revision
submitted by the Virginia Department of
Environmental Quality (VADEQ) on
September 26, 2011. The SIP revision
updates the 2009 and 2015 motor
vehicle emission budgets (MVEBs) in
the Fredericksburg 8-Hour Ozone
Maintenance Area (Fredericksburg Area)
by replacing the previously approved
MVEBs with budgets developed using
EPA’s Motor Vehicle Emissions
Simulator emissions model
(MOVES2010a). The revised MVEBs
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FOR FURTHER INFORMATION CONTACT:
Gregory Becoat, (215) 814–2036, or by
email at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 6, 2012 (77 FR 46672),
EPA published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Virginia. The NPR
ADDRESSES: EPA has established a
proposed approval of the Virginia SIP
docket for this action under Docket ID
Number EPA–R03–OAR–2012–0444. All revision that updates the 2009 and 2015
MVEBs in the Fredericksburg Area by
documents in the docket are listed in
replacing the previously approved
the www.regulations.gov Web site.
Although listed in the electronic docket, MVEBs with budgets developed using
MOVES2010a. By EPA’s finalizing the
some information is not publicly
proposed approval, the newly submitted
available, i.e., confidential business
MOVES2010a MVEBs will replace the
information (CBI) or other information
whose disclosure is restricted by statute. existing, MOBILE6.2-based budgets in
Virginia’s SIP and must then be used in
Certain other material, such as
future transportation conformity
copyrighted material, is not placed on
analyses for the Fredericksburg Area
the Internet and will be publicly
according to the transportation
available only in hard copy form.
conformity rule. See 40 CFR 93.118. The
Publicly available docket materials are
previously approved budgets will no
available either electronically through
www.regulations.gov or in hard copy for longer be applicable for transportation
conformity purposes. Additionally, with
public inspection during normal
the approval of the MOVES2010a-based
business hours at the Air Protection
Division, U.S. Environmental Protection MVEBs, the regional transportation
conformity grace period for not using
Agency, Region III, 1650 Arch Street,
MOVES2010a for the pollutants
Philadelphia, Pennsylvania 19103.
included in these budgets will end for
Copies of the State submittal are
the Fredericksburg Area on the effective
available at the Virginia Department of
date of this final approval. See 75 FR
Environmental Quality, 629 East Main
9411, 9414 (March 2, 2010) for
Street, Richmond, Virginia 23219.
Effective Date: This final rule is
effective on November 28, 2012.
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background on MOVES2010a and
Section II.C for details. EPA received no
comments on the NPR to approve
Virginia’s SIP revision.
IV. General Information Pertaining to
SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation
that provides, subject to certain
II. Summary of SIP Revision
conditions, for an environmental
On September 26, 2011, the
assessment (audit) ‘‘privilege’’ for
Commonwealth of Virginia through
voluntary compliance evaluations
VADEQ submitted a SIP revision with
performed by a regulated entity. The
MVEBs based on MOVES2010a for the
legislation further addresses the relative
years 2009 and 2015 to help ensure that burden of proof for parties either
the Fredericksburg Area can
asserting the privilege or seeking
demonstrate transportation conformity
disclosure of documents for which the
using MOVES2010a MVEBs once the
privilege is claimed. Virginia’s
grace period expires as discussed in
legislation also provides, subject to
more detail in the NPR.
certain conditions, for a penalty waiver
States that revise their existing SIPs to for violations of environmental laws
include MVEBs based on MOVES2010a
when a regulated entity discovers such
must show that the SIP continues to
violations pursuant to a voluntary
meet applicable requirements with the
compliance evaluation and voluntarily
new level of motor vehicle emissions
discloses such violations to the
contained in the budgets. EPA has
Commonwealth and takes prompt and
determined that the Fredericksburg Area appropriate measures to remedy the
maintenance plan continues to serve its violations. Virginia’s Voluntary
intended purpose with the
Environmental Assessment Privilege
MOVES2010a-based MVEBs and that
Law, Va. Code Sec. 10.1–1198, provides
the budgets meet the adequacy criteria
a privilege that protects from disclosure
in the conformity rule at 40 CFR
documents and information about the
93.118(e)(4).
content of those documents that are the
product of a voluntary environmental
III. Final Action
assessment. The Privilege Law does not
EPA is approving the MOVES2010aextend to documents or information
based MVEBs submitted by Virginia for
that: (1) Are generated or developed
use in determining transportation
before the commencement of a
conformity in the Fredericksburg Area
voluntary environmental assessment; (2)
because the submitted budgets will
are prepared independently of the
continue to keep emissions below the
assessment process; (3) demonstrate a
attainment level and maintain air
clear, imminent and substantial danger
quality and continue to demonstrate
to the public health or environment; or
maintenance of the 1997 8-hour ozone
(4) are required by law.
On January 12, 1998, the
NAAQS. On the effective date of this
Commonwealth of Virginia Office of the
rulemaking, the submitted
Attorney General provided a legal
MOVES2010a-based MVEBs will
opinion that states that the Privilege
replace the existing, MOBILE6.2-based
law, Va. Code Sec. 10.1–1198, precludes
budgets in the Fredericksburg 8-Hour
granting a privilege to documents and
Ozone Maintenance Plan and will be
used in future transportation conformity information ‘‘required by law,’’
including documents and information
analyses for the Fredericksburg Area.
‘‘required by Federal law to maintain
The previously approved MOBILE6.2program delegation, authorization or
based budgets will no longer be
applicable for transportation conformity approval,’’ since Virginia must ‘‘enforce
purposes. The following table compares Federally authorized environmental
programs in a manner that is no less
the nitrogen oxide (NOX) MVEBs
stringent than their Federal
developed using MOBILE6.2 to the
counterparts* * *.’’ The opinion
inventories developed using
concludes that ‘‘[r]egarding § 10.1–1198,
MOVES2010a.
therefore, documents or other
FREDERICKSBURG MAINTENANCE AREA information needed for civil or criminal
MOBILE SOURCE EMISSIONS COM- enforcement under one of these
programs could not be privileged
PARISON TONS NOX PER DAY
because such documents and
information are essential to pursuing
MOBILE6.2
Year
MOVES2010a
MVEB*
enforcement in a manner required by
Federal law to maintain program
2004 ..........
19.742
24.064 delegation, authorization or approval.’’
2009 ..........
13.062
17.615
Virginia’s Immunity law, Va. Code
2015 ..........
7.576
9.933
Sec. 10.1–1199, provides that ‘‘[t]o the
* Includes conformity buffers.
extent consistent with requirements
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65491
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 Virginia 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.
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
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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
Name of nonregulatory SIP
revision
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 December 28, 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
Applicable geographic area
State
submittal
date
*
*
*
8-Hour Ozone Maintenance
Spotsylvania and Stafford
Plan for the Fredericksburg
Counties; City of FredVA Area.
ericksburg.
*
*
*
3. Section 52.2424 is amended by
adding paragraph (c) to read as follows:
■
§ 52.2424
budgets.
Motor vehicle emissions
*
*
*
*
*
9/26/11
*
such rule or action. This action
approving Virginia’s 2009 and 2015
MVEBs in the Fredericksburg 8-Hour
Area using MOVES2010a 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,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: October 11, 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
(e) is amended by revising the entry for
the 8-Hour Ozone Maintenance Plan for
the Fredericksburg VA Area. The
amendments read as follows:
■
§ 52.2420
Identification of plan.
*
*
*
*
*
(e) EPA-approved nonregulatory and
quasi-regulatory material.
*
*
*
10/29/12 [Insert page number Revised 2009 and 2015
where the document bemotor vehicle emission
gins].
budgets for NOX.
*
*
(c) EPA approves the following
revised 2009 and 2015 motor vehicle
emissions budgets (MVEBs) for the
Fredericksburg 8-Hour Ozone
Maintenance Area submitted by the
*
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Tons per day
(TPD) NOX
Year
Fredericksburg Area (Spotsylvania and Stafford Counties and City of Fredericksburg) ........................................
Fredericksburg Area (Spotsylvania and Stafford Counties and City of Fredericksburg) ........................................
12:17 Oct 26, 2012
*
Virginia Department of Environmental
Quality (VADEQ) on September 26,
2011:
Applicable geographic area
VerDate Mar<15>2010
Additional
explanation
EPA approval date
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2009
2015
17.615
9.933
Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Rules and Regulations
[FR Doc. 2012–26403 Filed 10–26–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0608; FRL–9745–7]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Amendments to West
Virginia’s Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve a revision to the West
Virginia State Implementation Plan
(SIP). The revision pertains to
amendments of West Virginia’s
Legislative Rule, 45 CSR 8- Ambient Air
Quality Standards. The amendments
change the effective date of the
incorporation by reference of the
National Ambient Air Quality Standards
(NAAQS) for sulfur oxides, nitrogen
dioxide, lead, particulate matter and
carbon monoxide as well as their
monitoring reference and equivalent
methods. EPA is approving these
revisions in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
This rule is effective on
December 28, 2012 without further
notice, unless EPA receives adverse
written comment by November 28,
2012. 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–2012–0608 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–2012–0608,
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.
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DATES:
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Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2012–
0608. 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 West Virginia
Department of Environmental
Protection, Division of Air Quality, 601
57th Street SE., Charleston, West
Virginia 25304.
FOR FURTHER INFORMATION CONTACT:
Asrah Khadr, (215) 814–2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
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65493
I. Background
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On June 6, 2012, the West Virginia
Department of Environmental Protection
(WVDEP) submitted a formal revision to
its SIP pertaining to amendments of
Legislative Rule, 45 CSR 8—Ambient
Air Quality Standards. The SIP revision
consists of a change in the effective date
of the incorporation by reference of the
NAAQS and their monitoring reference
and equivalent methods. EPA had
approved a previous revision of
Legislative Rule 45 CSR 8 on September
12, 2012 (77 FR 56125).
II. Summary of SIP Revision
This SIP revision is part of an annual
submission by WVDEP to update their
incorporation by reference of the
National Primary and Secondary
Ambient Air Quality Standards which
are found at 40 CFR Part 50. The SIP
revision also updates the incorporation
by reference of the Ambient Air
Monitoring Reference and Equivalent
Methods which are found at 40 CFR Part
53. The amendments to the legislative
rule include changes to section 45–8–1
(General) in which the filing and
effective dates are changed to reflect the
update of the legislative rule. They also
include changes to section 45–8–3
(Adoption of Standards) in which the
effective dates for the incorporation by
reference of the National Primary and
Secondary Ambient Air Quality
Standards and the Ambient Air
Monitoring Reference and Equivalent
Methods are also changed to reflect the
update of the legislative rule. The filing
and effective dates of the legislative rule
were updated and changed to May 1,
2012 and June 1, 2012 respectively. The
effective date of the incorporation by
reference of 40 CFR Part 50 and 40 CFR
Part 53 changed from June 16, 2011 to
June 1, 2012.
III. Final Action
EPA is approving the amendments to
Legislative Rule, 45 CSR 8—Ambient
Air Quality Standards, into the West
Virginia SIP. EPA is publishing this rule
without prior proposal because we view
this as a noncontroversial amendment
and anticipate 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
December 28, 2012 without further
notice unless EPA receives adverse
comment by November 28, 2012. If EPA
receives adverse comment, EPA will
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]]>Agencies
[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Rules and Regulations]
[Pages 65490-65493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26403]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0444; FRL-9746-3]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Fredericksburg 8-Hour Ozone Maintenance Area Revision to
Approved Motor Vehicle Emissions Budgets
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving the Commonwealth of Virginia's State
Implementation Plan (SIP) revision submitted by the Virginia Department
of Environmental Quality (VADEQ) on September 26, 2011. The SIP
revision updates the 2009 and 2015 motor vehicle emission budgets
(MVEBs) in the Fredericksburg 8-Hour Ozone Maintenance Area
(Fredericksburg Area) by replacing the previously approved MVEBs with
budgets developed using EPA's Motor Vehicle Emissions Simulator
emissions model (MOVES2010a). The revised MVEBs continue to demonstrate
maintenance of the 1997 8-hour national ambient air quality standard
(NAAQS) for ozone. This action is being taken under the Clean Air Act
(CAA).
DATES:
Effective Date: This final rule is effective on November 28, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0444. All documents in the docket are listed in
the 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 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. 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: Gregory Becoat, (215) 814-2036, or by
email at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 6, 2012 (77 FR 46672), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Virginia. The NPR proposed
approval of the Virginia SIP revision that updates the 2009 and 2015
MVEBs in the Fredericksburg Area by replacing the previously approved
MVEBs with budgets developed using MOVES2010a. By EPA's finalizing the
proposed approval, the newly submitted MOVES2010a MVEBs will replace
the existing, MOBILE6.2-based budgets in Virginia's SIP and must then
be used in future transportation conformity analyses for the
Fredericksburg Area according to the transportation conformity rule.
See 40 CFR 93.118. The previously approved budgets will no longer be
applicable for transportation conformity purposes. Additionally, with
the approval of the MOVES2010a-based MVEBs, the regional transportation
conformity grace period for not using MOVES2010a for the pollutants
included in these budgets will end for the Fredericksburg Area on the
effective date of this final approval. See 75 FR 9411, 9414 (March 2,
2010) for
[[Page 65491]]
background on MOVES2010a and Section II.C for details. EPA received no
comments on the NPR to approve Virginia's SIP revision.
II. Summary of SIP Revision
On September 26, 2011, the Commonwealth of Virginia through VADEQ
submitted a SIP revision with MVEBs based on MOVES2010a for the years
2009 and 2015 to help ensure that the Fredericksburg Area can
demonstrate transportation conformity using MOVES2010a MVEBs once the
grace period expires as discussed in more detail in the NPR.
States that revise their existing SIPs to include MVEBs based on
MOVES2010a must show that the SIP continues to meet applicable
requirements with the new level of motor vehicle emissions contained in
the budgets. EPA has determined that the Fredericksburg Area
maintenance plan continues to serve its intended purpose with the
MOVES2010a-based MVEBs and that the budgets meet the adequacy criteria
in the conformity rule at 40 CFR 93.118(e)(4).
III. Final Action
EPA is approving the MOVES2010a-based MVEBs submitted by Virginia
for use in determining transportation conformity in the Fredericksburg
Area because the submitted budgets will continue to keep emissions
below the attainment level and maintain air quality and continue to
demonstrate maintenance of the 1997 8-hour ozone NAAQS. On the
effective date of this rulemaking, the submitted MOVES2010a-based MVEBs
will replace the existing, MOBILE6.2-based budgets in the
Fredericksburg 8-Hour Ozone Maintenance Plan and will be used in future
transportation conformity analyses for the Fredericksburg Area. The
previously approved MOBILE6.2-based budgets will no longer be
applicable for transportation conformity purposes. The following table
compares the nitrogen oxide (NOX) MVEBs developed using
MOBILE6.2 to the inventories developed using MOVES2010a.
Fredericksburg Maintenance Area Mobile Source Emissions Comparison Tons
NOX Per Day
------------------------------------------------------------------------
MOBILE6.2
Year MVEB* MOVES2010a
------------------------------------------------------------------------
2004.................................... 19.742 24.064
2009.................................... 13.062 17.615
2015.................................... 7.576 9.933
------------------------------------------------------------------------
* Includes conformity buffers.
IV. 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 that: (1) Are generated or developed
before the commencement of a voluntary environmental assessment; (2)
are prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) are required by law.
On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts* * *.'' The opinion concludes
that ``[r]egarding Sec. 10.1-1198, therefore, documents or other
information needed for civil or criminal enforcement under one of these
programs could not be privileged because such documents and information
are essential to pursuing enforcement in a manner required by Federal
law to maintain program delegation, authorization or approval.''
Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude Virginia 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.
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
[[Page 65492]]
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 December 28, 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 approving Virginia's 2009 and 2015 MVEBs in the
Fredericksburg 8-Hour Area using MOVES2010a 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, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: October 11, 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 (e) is amended by revising
the entry for the 8-Hour Ozone Maintenance Plan for the Fredericksburg
VA Area. The amendments read as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(e) EPA-approved nonregulatory and quasi-regulatory material.
----------------------------------------------------------------------------------------------------------------
State
Name of non- regulatory SIP Applicable submittal EPA approval date Additional
revision geographic area date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
8-Hour Ozone Maintenance Plan for Spotsylvania and 9/26/11 10/29/12 [Insert Revised 2009 and
the Fredericksburg VA Area. Stafford Counties; page number where 2015 motor vehicle
City of the document emission budgets
Fredericksburg. begins]. for NOX.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.2424 is amended by adding paragraph (c) to read as
follows:
Sec. 52.2424 Motor vehicle emissions budgets.
* * * * *
(c) EPA approves the following revised 2009 and 2015 motor vehicle
emissions budgets (MVEBs) for the Fredericksburg 8-Hour Ozone
Maintenance Area submitted by the Virginia Department of Environmental
Quality (VADEQ) on September 26, 2011:
------------------------------------------------------------------------
Tons per day
Applicable geographic area Year (TPD) NOX
------------------------------------------------------------------------
Fredericksburg Area (Spotsylvania and 2009 17.615
Stafford Counties and City of
Fredericksburg)........................
Fredericksburg Area (Spotsylvania and 2015 9.933
Stafford Counties and City of
Fredericksburg)........................
------------------------------------------------------------------------
[[Page 65493]]
[FR Doc. 2012-26403 Filed 10-26-12; 8:45 am]
BILLING CODE 6560-50-P
