Approval and Promulgation of Air Quality Implementation Plans; Virginia; Section 110(a)(2) Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards, 58462-58465 [2013-22974]
Download as PDF
<![CDATA[
58462
Federal Register / Vol. 78, No. 185 / Tuesday, September 24, 2013 / Rules and Regulations
February 7, 2012). This action
incorporates the submitted rules into
the PCAPCD and FRAQMD portions of
the California SIP and makes them
federally enforceable.
We are also making a technical
amendment to 40 CFR 52.220 to remove
a previous SIP rule, PCAPCD Rule 508,
from the PCAPCD portion of the
California SIP, consistent with EPA’s
final rule at 76 FR 44809 (July 27, 2011).
As explained in the proposal for this
2011 rulemaking, both EPA and the
District had intended for Rule 502 to
replace the preexisting NSR program in
Rule 508, which EPA had approved into
the SIP in 1982. See 76 FR 28945 (May
19, 2011).1 In the regulatory text
codifying this final action, however,
EPA incorporated Rule 502 into the SIP
but neglected to remove Rule 508. See
76 FR at 44811. We are making a
technical amendment to 40 CFR 52.220
to correct this error by removing Rule
508 from the PCAPCD portion of the
California SIP. This technical
amendment makes no change to the
substance of our July 27, 2011 final
action or to today’s final limited
approval and limited disapproval of
amended PCAPCD Rule 502 and
FRAQMD Rule 10.1.
IV. Statutory and Executive Order
Reviews
tkelley on DSK3SPTVN1PROD with RULES
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves State law as meeting Federal
requirements, in part, and does not
impose additional requirements beyond
those imposed by State law. For that
reason, this final 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.);
1 EPA’s Technical Support Document for this
proposal stated incorrectly that Rule 508 had
previously been approved into the SIP on May 18,
1981 at 46 FR 27115. See U.S. EPA, Region IX,
Technical Support Document for EPA’s Notice of
Proposed Rulemaking for the California SIP, Placer
County Air Pollution Control District, Rule 502
(New Source Review), May 6, 2011, at 1. The
correct cite and date for this previous SIP action is
47 FR 29536 (July 7, 1982).
VerDate Mar<15>2010
17:12 Sep 23, 2013
Jkt 229001
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• does not provide EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this final 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.
List of Subjects in 40 CFR Part 52
Air pollution control, Environmental
protection, Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: June 28, 2013.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for Part 52
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Frm 00014
Fmt 4700
Sfmt 4700
2. Section 52.220 is amended by
adding paragraphs (c)(52)(xiii)(G),
(c)(80)(i)(G), (c)(416)(i)(C) and
(c)(423)(i)(F) to read as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(52) * * *
(xiii) * * *
(G) Previously approved on July 7,
1982 in paragraph (c)(52)(xiii)(C) of this
section and now deleted without
replacement: Rule 508.
*
*
*
*
*
(80) * * *
(i) * * *
(G) Previously approved on June 23,
1982 in paragraph (c)(80)(i)(E) of this
section and now deleted without
replacement: Rule 508.
*
*
*
*
*
(416) New and amended regulations
were submitted on November 18, 2011,
by the Governor’s Designee.
(i) Incorporation by Reference.
(C) Placer County Air Pollution
Control District.
(1) Rule 502, ‘‘New Source Review,’’
as amended on October 13, 2011.
*
*
*
*
*
(423) New and amended regulations
were submitted on September 21, 2012,
by the Governor’s Designee.
(i) Incorporation by Reference.
(F) Feather River Air Quality
Management District.
(1) Rule 10.1, ‘‘New Source Review,’’
as amended on February 6, 2012.
*
*
*
*
*
[FR Doc. 2013–23096 Filed 9–23–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0451; FRL–9901–
22Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Section 110(a)(2) Infrastructure
Requirements for the 2008 Lead
National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Virginia pursuant to the Clean Air Act
(CAA). Whenever new or revised
SUMMARY:
■
PO 00000
Subpart F—California
E:\FR\FM\24SER1.SGM
24SER1
Federal Register / Vol. 78, No. 185 / Tuesday, September 24, 2013 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with RULES
national ambient air quality standards
(NAAQS) are promulgated, the CAA
requires states to submit a plan for the
implementation, maintenance, and
enforcement of such NAAQS. The plan
is required to address basic program
elements, including, but not limited to
regulatory structure, monitoring,
modeling, legal authority, and adequate
resources necessary to assure attainment
and maintenance of the standards.
These elements are referred to as
infrastructure requirements. Virginia
has made a submittal addressing the
infrastructure requirements for the 2008
lead (Pb) NAAQS.
DATES: This final rule is effective on
October 24, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2012–0451. All
documents in the docket are listed on
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:
Ellen Schmitt, (215) 814–5787, or by
email at schmitt.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Summary of SIP Revision
On June 11, 2013 (78 FR 34970), EPA
published a notice of proposed
rulemaking action (NPR) for the
Commonwealth of Virginia proposing
approval of Virginia’s March 9, 2012
submittal to satisfy several requirements
of section 110(a)(2) of the CAA for the
2008 Pb NAAQS. The NPR proposed
approval of the following infrastructure
elements of section 110(a)(2): (A), (B),
(C) (for enforcement and regulation of
minor sources), (D)(i)(I), (D)(i)(II) (for the
visibility protection portion), (D)(ii),
(E)(i), (E)(iii), (F), (G), (H), (J), (K), (L),
and (M), or portions thereof necessary to
implement, maintain, and enforce the
2008 Pb NAAQS. EPA is taking separate
action on the portions of section
VerDate Mar<15>2010
17:12 Sep 23, 2013
Jkt 229001
110(a)(2)(C), (D)(i)(II), and (J) as they
relate to Virginia’s prevention of
significant deterioration (PSD) program
and section 110(a)(2)(E)(ii) as it relates
to section 128 (State Boards). Virginia
did not submit section 110(a)(2)(I)
which pertains to the nonattainment
requirements of part D, Title I of the
CAA, since this element is not required
to be submitted by the 3-year
submission deadline of section
110(a)(1), and will be addressed in a
separate process.
The rationale supporting EPA’s
proposed action, including the scope of
infrastructure SIPs in general, is
explained in the NPR and the technical
support document (TSD) accompanying
the NPR and will not be restated here.
The TSD is available online at
www.regulations.gov, Docket ID Number
EPA–R03–OAR–2012–0451. No
comments were received on the NPR.
II. 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
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
58463
granting a privilege to documents and
information ‘‘required by law,’’
including documents and information
‘‘required by Federal law to maintain
program delegation, authorization or
approval,’’ since Virginia must ‘‘enforce
Federally authorized environmental
programs in a manner that is no less
stringent than their Federal counterparts
. . .’’ The opinion concludes that
‘‘[r]egarding § 10.1–1198, therefore,
documents or other information needed
for civil or criminal enforcement under
one of these programs could not be
privileged because such documents and
information are essential to pursuing
enforcement in a manner required by
Federal law to maintain program
delegation, authorization or approval.’’
Virginia’s Immunity law, Va. Code
Sec. 10.1–1199, provides that ‘‘[t]o the
extent consistent with requirements
imposed by Federal law,’’ any person
making a voluntary disclosure of
information to a state agency regarding
a violation of an environmental statute,
regulation, permit, or administrative
order is granted immunity from
administrative or civil penalty. The
Attorney General’s January 12, 1998
opinion states that the quoted language
renders this statute inapplicable to
enforcement of any Federally authorized
programs, since ‘‘no immunity could be
afforded from administrative, civil, or
criminal penalties because granting
such immunity would not be consistent
with Federal law, which is one of the
criteria for immunity.’’
Therefore, EPA has determined that
Virginia’s Privilege and Immunity
statutes will not preclude the
Commonwealth from enforcing its
program consistent with the Federal
requirements. In any event, because
EPA has also determined that a state
audit privilege and immunity law can
affect only state enforcement and cannot
have any impact on Federal
enforcement authorities, EPA may at
any time invoke its authority under the
CAA, including, for example, sections
113, 167, 205, 211 or 213, to enforce the
requirements or prohibitions of the state
plan, independently of any state
enforcement effort. In addition, citizen
enforcement under section 304 of the
CAA is likewise unaffected by this, or
any, state audit privilege or immunity
law.
III. Final Action
EPA is approving the following
section 110(a)(2) elements of Virginia’s
March 9, 2012 SIP revision: (A), (B), (C)
(for enforcement and regulation of
minor sources), (D)(i)(I), (D)(i)(II) (for the
visibility protection portion), (D)(ii),
(E)(i), (E)(iii), (F), (G), (H), (J), (K), (L),
E:\FR\FM\24SER1.SGM
24SER1
58464
Federal Register / Vol. 78, No. 185 / Tuesday, September 24, 2013 / Rules and Regulations
and (M), or portions thereof. EPA is
taking separate action on the portions of
section 110(a)(2)(C), (D)(i)(II), and (J) as
they relate to Virginia’s PSD program
and section 110(a)(2)(E)(ii) as it relates
to section 128 (State Boards). This
action does not include section
110(a)(2)(I) which pertains to the
nonattainment requirements of part D,
Title I of the CAA, since this element is
not required to be submitted by the 3year submission deadline of section
110(a)(1), and will be addressed in a
separate process.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Udoes not have Federalism
implications as specified in Executive
tkelley on DSK3SPTVN1PROD with RULES
Name of non-regulatory SIP
revision
Applicable
geographic
area
17:12 Sep 23, 2013
Jkt 229001
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).
State
submittal
date
*
*
Section 110(a)(2) Infrastruc- Statewide ....
ture Requirements for the
2008 Lead NAAQS.
VerDate Mar<15>2010
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.
*
PO 00000
3/9/12
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 November 25, 2013. 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, which satisfies certain
infrastructure requirements of section
110(a)(2) for the 2008 Pb NAAQS for the
Commonwealth of Virginia, 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, Lead, Reporting and
recordkeeping requirements.
Dated: August 29, 2013,
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for 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 adding the entry at
the end of the table for Section 110(a)(2)
Infrastructure Requirements for the 2008
Lead NAAQS. The amendment reads as
follows:
■
§ 52.2420
*
Identification of plan.
*
*
(e) * * *
*
*
EPA approval date
Additional explanation
*
9/24/13 [Insert Federal
Register page number
where the document begins and date].
*
*
*
This action addresses the following CAA elements or
portions thereof: 110(a)(2)(A), (B), (C) (for enforcement and regulation of minor sources), (D)(i)(I),
(D)(i)(II) (for the visibility protection portion), (D)(ii),
(E)(i), (E)(iii), (F), (G), (H), (J), (K), (L), and (M).
Frm 00016
Fmt 4700
Sfmt 9990
E:\FR\FM\24SER1.SGM
24SER1
Federal Register / Vol. 78, No. 185 / Tuesday, September 24, 2013 / Rules and Regulations
[FR Doc. 2013–22974 Filed 9–23–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[DE104–1103; FRL–9900–05–Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Update to Materials
Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; administrative
change.
AGENCY:
EPA is updating the materials
that are incorporated by reference (IBR)
into the Delaware State Implementation
Plan (SIP). The regulations affected by
this update have been previously
submitted by the Delaware Department
of Natural Resources and Environmental
Control (DNREC) and approved by EPA.
This update affects the SIP materials
that are available for public inspection
at the National Archives and Records
Administration (NARA), the Air and
Radiation Docket and Information
Center located at EPA Headquarters in
Washington, DC, and the EPA Regional
Office.
DATES: This action is effective
September 24, 2013.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103; the
Air and Radiation Docket and
Information Center, U.S. Environmental
Protection Agency, 1301 Constitution
Avenue NW., Room Number 3334, EPA
West Building, Washington, DC 20460;
or the National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html.
FOR FURTHER INFORMATION CONTACT:
Sharon McCauley, (215) 814–3376 or by
email at mccauley.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
I. Background
The SIP is a living document which
a state revises as necessary to address its
unique air pollution problems.
Therefore, EPA, from time to time, must
take action on SIP revisions containing
VerDate Mar<15>2010
17:12 Sep 23, 2013
Jkt 229001
new and/or revised regulations as being
part of the SIP. On May 22, 1997 (62 FR
27968), EPA revised the procedures for
incorporating by reference Federallyapproved SIPs, as a result of
consultations between EPA and the
Office of the Federal Register (OFR). The
description of the revised SIP
document, IBR procedures and
‘‘Identification of plan’’ format are
discussed in further detail in the May
22, 1997 Federal Register document. On
December 7, 1998 (63 FR 67407), EPA
published a document in the Federal
Register beginning the new IBR
procedure for Delaware. On June 21,
2004 (69 FR 34285), April 3, 2007 (72
FR 15839), April 17, 2009 (74 FR
17771), and May 2, 2011 (76 FR 24372),
EPA published updates to the IBR
material for Delaware.
Since the publication of the last IBR
update, EPA has approved the following
regulatory changes to the following
Delaware regulations:
A. Added Regulations
1. 7 DNREC regulation 1141 (Limiting
Emissions of Volatile Organic
Compounds from Consumer and
Commercial Products), section 4.0
(Adhesives and Sealants).
2. 29 Del C. chapter 58 (Laws
Regulating the Conduct of Officers and
Employees of the State), sections 5804,
5805 (part), 5806 (part), 5812, 5813
(part), 5813A (part), and 5815 (part).
B. Revised Regulations
1. 7 DNREC regulation 1102 (Permits),
appendix A.
2. 7 DNREC regulation 1124 (Control
of Volatile Organic Compound
Emissions), sections 2.0 (Definitions),
8.0 (Handling, Storage, and Disposal of
Volatile Organic Compounds (VOCs)),
12.0 (Surface Coating of Plastic Parts),
13.0 (Automobile and Light-Duty Truck
Coating Operations), 16.0 (Paper
Coating), 19.0 (Coating of Metal
Furniture), 20.0 (Coating of Large
Appliances), 22.0 (Coating of
Miscellaneous Metal Parts), 23.0
(Coating of Flat Wood Panelling), 37.0
(Graphic Arts Systems), 45.0 (Industrial
Cleaning Solvents), and 47.0 (Offset
Lithographic Printing and Letterpress
Printing).
3. 7 DNREC regulation 1125
(Requirements for Preconstruction
Review), sections 1.0 through Section
3.0.
4. 7 DNREC regulation 1142 (Specific
Emission Control Requirements),
section 2.0 (Control of NOX Emissions
from Industrial Boilers and Process
Heaters at Petroleum Refineries).
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
58465
II. EPA Action
In this action, EPA is announcing the
update to the IBR material as of July 1,
2013. EPA is also correcting
typographical errors and omissions
found in the following table entries of
paragraph 52.420(c): 7 DNREC
regulation 1124, sections 8.0, 23.0, and
37.0.
EPA has determined that today’s rule
falls under the ‘‘good cause’’ exemption
in section 553(b)(3)(B) of the
Administrative Procedures Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation and section
553(d)(3) which allows an agency to
make a rule effective immediately
(thereby avoiding the 30-day delayed
effective date otherwise provided for in
the APA). Today’s rule simply codifies
provisions which are already in effect as
a matter of law in Federal and approved
State programs. Under section 553 of the
APA, an agency may find good cause
where procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the codification
only reflects existing law. Immediate
notice in the CFR benefits the public by
removing outdated citations and
incorrect table entries.
III. Statutory and Executive Order
Reviews
A. General Requirements
Under the Clean Air Act (CAA), the
Administrator is required to approve a
SIP submission that complies with the
provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the CAA. Accordingly,
this action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
E:\FR\FM\24SER1.SGM
24SER1
]]>Agencies
[Federal Register Volume 78, Number 185 (Tuesday, September 24, 2013)]
[Rules and Regulations]
[Pages 58462-58465]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22974]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0451; FRL-9901-22Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Section 110(a)(2) Infrastructure Requirements for the 2008
Lead National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Virginia pursuant to the Clean Air Act
(CAA). Whenever new or revised
[[Page 58463]]
national ambient air quality standards (NAAQS) are promulgated, the CAA
requires states to submit a plan for the implementation, maintenance,
and enforcement of such NAAQS. The plan is required to address basic
program elements, including, but not limited to regulatory structure,
monitoring, modeling, legal authority, and adequate resources necessary
to assure attainment and maintenance of the standards. These elements
are referred to as infrastructure requirements. Virginia has made a
submittal addressing the infrastructure requirements for the 2008 lead
(Pb) NAAQS.
DATES: This final rule is effective on October 24, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0451. All documents in the docket are listed on
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: Ellen Schmitt, (215) 814-5787, or by
email at schmitt.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Summary of SIP Revision
On June 11, 2013 (78 FR 34970), EPA published a notice of proposed
rulemaking action (NPR) for the Commonwealth of Virginia proposing
approval of Virginia's March 9, 2012 submittal to satisfy several
requirements of section 110(a)(2) of the CAA for the 2008 Pb NAAQS. The
NPR proposed approval of the following infrastructure elements of
section 110(a)(2): (A), (B), (C) (for enforcement and regulation of
minor sources), (D)(i)(I), (D)(i)(II) (for the visibility protection
portion), (D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J), (K), (L), and
(M), or portions thereof necessary to implement, maintain, and enforce
the 2008 Pb NAAQS. EPA is taking separate action on the portions of
section 110(a)(2)(C), (D)(i)(II), and (J) as they relate to Virginia's
prevention of significant deterioration (PSD) program and section
110(a)(2)(E)(ii) as it relates to section 128 (State Boards). Virginia
did not submit section 110(a)(2)(I) which pertains to the nonattainment
requirements of part D, Title I of the CAA, since this element is not
required to be submitted by the 3-year submission deadline of section
110(a)(1), and will be addressed in a separate process.
The rationale supporting EPA's proposed action, including the scope
of infrastructure SIPs in general, is explained in the NPR and the
technical support document (TSD) accompanying the NPR and will not be
restated here. The TSD is available online at www.regulations.gov,
Docket ID Number EPA-R03-OAR-2012-0451. No comments were received on
the NPR.
II. 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 the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the CAA is likewise unaffected by
this, or any, state audit privilege or immunity law.
III. Final Action
EPA is approving the following section 110(a)(2) elements of
Virginia's March 9, 2012 SIP revision: (A), (B), (C) (for enforcement
and regulation of minor sources), (D)(i)(I), (D)(i)(II) (for the
visibility protection portion), (D)(ii), (E)(i), (E)(iii), (F), (G),
(H), (J), (K), (L),
[[Page 58464]]
and (M), or portions thereof. EPA is taking separate action on the
portions of section 110(a)(2)(C), (D)(i)(II), and (J) as they relate to
Virginia's PSD program and section 110(a)(2)(E)(ii) as it relates to
section 128 (State Boards). This action does not include section
110(a)(2)(I) which pertains to the nonattainment requirements of part
D, Title I of the CAA, since this element is not required to be
submitted by the 3-year submission deadline of section 110(a)(1), and
will be addressed in a separate process.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Udoes 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 November 25, 2013. 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, which satisfies certain infrastructure requirements of
section 110(a)(2) for the 2008 Pb NAAQS for the Commonwealth of
Virginia, 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, Lead, Reporting and recordkeeping requirements.
Dated: August 29, 2013,
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for 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 adding
the entry at the end of the table for Section 110(a)(2) Infrastructure
Requirements for the 2008 Lead NAAQS. The amendment reads as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable submittal EPA approval Additional explanation
revision geographic area date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Statewide........ 3/9/12 9/24/13 [Insert This action addresses the
Infrastructure Requirements Federal following CAA elements or
for the 2008 Lead NAAQS. Register page portions thereof:
number where 110(a)(2)(A), (B), (C) (for
the document enforcement and regulation of
begins and minor sources), (D)(i)(I),
date]. (D)(i)(II) (for the visibility
protection portion), (D)(ii),
(E)(i), (E)(iii), (F), (G),
(H), (J), (K), (L), and (M).
----------------------------------------------------------------------------------------------------------------
[[Page 58465]]
[FR Doc. 2013-22974 Filed 9-23-13; 8:45 am]
BILLING CODE 6560-50-P
