Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; Commonwealth of Virginia; Control of Emissions From Existing Sewage Sludge Incineration Units, 17886-17889 [2014-06963]

Download as PDF 17886 Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations 3. Section 52.2526 is amended by adding paragraph (j) to read as follows: (g) EPA approves as a revision to the West Virginia State Implementation Plan the comprehensive emissions inventory for the Charleston fine particulate matter (PM2.5) nonattainment area submitted by the West Virginia Department of Environmental Protection on December 6, 2012 and June 24, 2013. The emissions inventory includes emissions estimates that cover the general source categories of point sources, nonroad mobile sources, area sources, onroad mobile sources and biogenic sources. The pollutants that comprise the inventory are nitrogen oxides (NOX), volatile organic compounds (VOC), PM2.5, ammonia (NH3), and sulfur dioxide (SO2). ■ § 52.2526 matter. Control strategy: Particular * * * * * (j) EPA approves the maintenance plan for the Charleston PM2.5 Nonattainment Area (Kanawha and Putnam Counties). The maintenance plan establishes a determination of insignificance for PM2.5 and NOX for transportation conformity purposes. ■ 4. Section 52.2531 is amended by adding paragraph (g) to read as follows: § 52.2531 Base year emissions inventory. * * * * * PART 81—DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 5. The authority citation for Part 81 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. 6. In § 81.349, the tables for West Virginia—PM2.5 (Annual NAAQS) and West Virginia—PM2.5 (24-hour NAAQS) are amended by revising the entries for the Charleston Area to read as follows: ■ § 81.349 * West Virginia. * * * * WEST VIRGINIA—PM2.5 [Annual NAAQS] Designation a Designated area Date 1 * * * * * Charleston, WV: Kanawha County .................................................................................................................................... Putnam County ....................................................................................................................................... * * * * Type * * 3/31/14 3/31/14 * Attainment Attainment * * a Includes 1 This Indian County located in each county or area, except as otherwise specified. date is 90 days after January 5, 2005, unless otherwise noted. WEST VIRGINIA—PM2.5 [24-hour NAAQS] Designation for the 1997 NAAQS a Designation for the 2006 NAAQS a Designated area Date 1 * * Charleston, WV: Kanawha County .............. Putnam County ................ * * Date 2 Type * * * Unclassifiable/Attainment ............... Unclassifiable/Attainment ............... * Type * * 3/31/14 3/31/14 * Attainment Attainment * * * a Includes Indian County located in each county or area, except as otherwise specified. 1 This date is 90 days after January 5, 2005, unless otherwise noted. 2 This date is 30 days after November 13, 2009, unless otherwise noted. * * * * * [FR Doc. 2014–06955 Filed 3–28–14; 8:45 am] ENVIRONMENTAL PROTECTION AGENCY BILLING CODE 6560–50–P 40 CFR Part 62 emcdonald on DSK67QTVN1PROD with RULES [EPA–R03–OAR–2013–0164; FRL–9908–89– Region–3] Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; Commonwealth of Virginia; Control of Emissions From Existing Sewage Sludge Incineration Units The Environmental Protection Agency (EPA). AGENCY: VerDate Mar<15>2010 16:18 Mar 28, 2014 Jkt 232001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 ACTION: Final rule. The Environmental Protection Agency (EPA) is approving a section 111(d)/129 plan submitted by the Commonwealth of Virginia for sewage sludge incineration (SSI) units. The section 111(d)/129 plan contains a state rule for existing SSI units that was submitted as a result of the March 21, 2011, promulgation of Federal new source performance standards (NSPS) and emission guidelines for SSI units. This action is being taken under sections 111(d) and 129 of the Clean Air Act (CAA). SUMMARY: E:\FR\FM\31MRR1.SGM 31MRR1 Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations This final rule is effective on April 30, 2014. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2013–0164. 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: Mike Gordon, (215) 814–2039, or by email at gordon.mike@epa.gov. SUPPLEMENTARY INFORMATION: emcdonald on DSK67QTVN1PROD with RULES DATES: I. Background Section 129 of the CAA requires EPA to establish performance standards and emission guidelines for various types of new and existing solid waste incineration units. Section 129(b)(2) requires States to submit to EPA for approval section 111(d)/129 plans that implement and enforce the promulgated emission guidelines. State submittals under CAA sections 111(d) and 129 must be consistent with the relevant emission guidelines, in this instance 40 CFR part 60, subpart MMMM, and the requirements of 40 CFR part 60, subpart B and part 62, subpart A. On December 12, 2012, the Virginia Department of Environmental Quality (VADEQ) submitted to EPA a formal section 111(d)/129 plan for SSI units. The submitted section 111(d)/129 plan was in response to the March 21, 2011 promulgation of Federal NSPS and emission guidelines requirements for SSI units, 40 CFR part 60, subparts LLLL and MMMM, respectively (76 FR 15372). On December 3, 2013 (78 FR 72609), EPA published a notice of proposed rulemaking (NPR) for the Commonwealth of Virginia. In the NPR, EPA proposed approval of Virginia’s section 111(d)/129 plan for existing SSI units. No comments were received on the proposed approval. VerDate Mar<15>2010 16:18 Mar 28, 2014 Jkt 232001 II. Summary of Section 111(d)/129 Plan Submittal EPA has reviewed the Virginia section 111(d)/129 plan submittal in the context of the requirements of 40 CFR part 60, subparts B and MMMM, and part 62, subpart A. In this action, EPA is finalizing its determination that the submitted section 111(d)/129 plan meets the above-cited requirements. EPA is also revising 40 CFR Part 62, Subpart VV to reflect this approval. A detailed explanation of the rationale behind this action is available in the Technical Support Document (TSD) for this rulemaking as well as the December 3, 2013 proposal. III. General Information Pertaining to Section 111(d)/129 Plan 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 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 17887 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. Other specific requirements of Virginia’s section 111(d)/129 plan for existing SSI units and the rationale for EPA’s proposed action are explained in the NPR and associated TSD, and will not be restated here. No public comments were received on the NPR. III. Final Action EPA is approving Virginia’s section 111(d)/129 plan for existing sewage sludge incineration units. Therefore, EPA is amending 40 CFR part 62, E:\FR\FM\31MRR1.SGM 31MRR1 17888 Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations subpart VV to reflect this final action. This approval is based on the rationale discussed above and in further detail in the TSD associated with this action. The EPA Administrator continues to retain authority for several tasks, as provided in 40 CFR 60.5050 and in Plan Provisions—section J of the submittal. emcdonald on DSK67QTVN1PROD with RULES IV. Statutory and Executive Order Reviews A. General Requirements Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ‘‘significant regulatory action’’ and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355 (May 22, 2001)). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it 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). This rule also does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely approves a state rule implementing a Federal requirement, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it approves a state rule implementing a Federal standard. In reviewing VADEQ’s submissions, EPA’s role is to approve state choices, VerDate Mar<15>2010 16:18 Mar 28, 2014 Jkt 232001 provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a VADEQ submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a VADEQ submission, to use VCS in place of a VADEQ submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the Attorney General’s ‘‘Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings’’ issued under the executive order. This rule for the approval of VADEQ’s section 111(d)/129 plan for SSI units does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 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 May 30, 2014. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 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 Section 111(d)/129 plan for existing sewage sludge incineration units may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 62 Environmental protection, Air pollution control, Incorporation by reference, Administrative practice and procedure, Aluminum, Fertilizers, Flouride, Intergovernmental relations, Paper and products industry, Phosphate, Reporting and recordkeeping requirements, Sulfur oxides, Sulfuric acid plants, Waste treatment and disposal. Dated: March 13, 2014. W.C. Early, Acting Regional Administrator, Region III. 40 CFR part 62 is amended as follows: PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS 1. The authority citation for part 62 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart VV—Virginia 2. Subpart VV is amended by adding an undesignated center heading after § 62.11642 and by adding §§ 62.11650, 62.11651, and 62.11652 to read as follows: ■ Emissions From Existing Sewage Sludge Incineration Units—Section 111(d)/129 Plan § 62.11650 Identification of plan. Section 111(d)/129 plan for existing sewage sludge incineration and the associated Virginia Administrative Code (VAC), specifically Article 55 of 9VAC5 Chapter 40, submitted to EPA on December 12, 2012. § 62.11651 Identification of sources. The affected facility to which the plan applies is each sewage sludge incineration unit within the Commonwealth of Virginia that commenced construction on or before October 14, 2010. E:\FR\FM\31MRR1.SGM 31MRR1 Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations § 62.11652 Effective date. The effective date of the plan for existing sewage sludge incineration units is April 30, 2014. [FR Doc. 2014–06963 Filed 3–28–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 80 [EPA–HQ–OAR–2013–0787; FRL–9908–13– OAR] Approval of States’ Requests To Relax the Federal Reid Vapor Pressure Volatility Standard in Florida, and the Raleigh-Durham-Chapel Hill and Greensboro/Winston-Salem/High Point Areas in North Carolina Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve requests from Florida and North Carolina for the EPA to relax the Reid Vapor Pressure (RVP) Standard applicable to gasoline introduced into commerce from June 1 to September 15 of each year in six counties in Florida, and in counties in the Raleigh-DurhamChapel Hill Area (also referred to as the ‘‘Triangle Area’’) and the Greensboro/ Winston-Salem/High Point Area (also referred to as the ‘‘Triad Area’’) in North Carolina. Specifically, the EPA is approving amendments to the regulations to change the RVP standard for six counties in Florida, and for the counties in the Triangle and Triad Areas from 7.8 pounds per square inch (psi) to 9.0 psi for gasoline. The EPA has determined that these changes to the federal RVP regulation are consistent with the applicable provisions of the Clean Air Act (CAA or Act). This action is being taken without prior proposal because the EPA believes that this final rulemaking is noncontroversial, for the reasons set forth in this preamble, and due to the limited scope of this action. DATES: This direct final rule will become effective May 30, 2014 without further notice, unless the EPA receives adverse comment by April 30, 2014. If the EPA receives such comments, the Agency 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 No. EPA–HQ– OAR–2013–0787, by one of the following methods: emcdonald on DSK67QTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:18 Mar 28, 2014 Jkt 232001 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: a-and-r-docket@epa.gov. 3. Fax: 202–566–9744. 4. Mail: Environmental Protection Agency, Mail Code: 2822T, 1200 Pennsylvania Avenue NW., Washington, DC 20460. Please include two copies. 5. Hand Delivery or Courier: U.S. Environmental Protection Agency, EPA Headquarters Library, EPA West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20004. 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–HQ–OAR–2013– 0787. The 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 the 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 the 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, the 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 the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the Agency 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. For additional information about the EPA’s public docket visit the EPA Docket Center homepage at http://www.epa.gov/ epahome/dockets.htm. 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 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 17889 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 at the Air Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Air Docket is (202) 566– 1742. FOR FURTHER INFORMATION CONTACT: Rudolph Kapichak, Office of Transportation and Air Quality, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: 734–214– 4574; fax number 734–214–4052; email address: kapichak.rudolph@epa.gov. SUPPLEMENTARY INFORMATION: Organization of this document. The following outline is provided to aid in locating information in this preamble. Table of Contents I. General Information II. Actions Being Taken III. History of the Gasoline Volatility Requirement IV. EPA’s Policy Regarding Relaxation of Volatility Standards in Ozone Nonattainment Areas That Are Redesignated as Attainment Areas V. EPA’s Analysis of Florida’s Request To Relax the Federal RVP Requirements in the State VI. EPA’s Analysis of North Carolina’s Requests To Relax the Federal RVP Requirements in the Triangle and Triad Areas VII. Final Actions VIII. Statutory and Executive Order Reviews IX. Legal Authority and Statutory Provisions I. General Information Throughout this document, ‘‘the Agency’’ is used to mean the EPA. A. Why is the EPA using a direct final rule? The EPA is making these revisions as a direct final rule without prior proposal because the EPA views these revisions as noncontroversial and anticipates no adverse comment. The rationale for this rulemaking is described in detail below. If the EPA receives no adverse comment, the Agency will not take further action on the proposed rule. If the EPA receives adverse comment on the rule or any portion of the rule, the Agency will withdraw the direct final E:\FR\FM\31MRR1.SGM 31MRR1

Agencies

[Federal Register Volume 79, Number 61 (Monday, March 31, 2014)]
[Rules and Regulations]
[Pages 17886-17889]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06963]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2013-0164; FRL-9908-89-Region-3]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants; Commonwealth of Virginia; Control 
of Emissions From Existing Sewage Sludge Incineration Units

AGENCY: The Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
section 111(d)/129 plan submitted by the Commonwealth of Virginia for 
sewage sludge incineration (SSI) units. The section 111(d)/129 plan 
contains a state rule for existing SSI units that was submitted as a 
result of the March 21, 2011, promulgation of Federal new source 
performance standards (NSPS) and emission guidelines for SSI units. 
This action is being taken under sections 111(d) and 129 of the Clean 
Air Act (CAA).

[[Page 17887]]


DATES: This final rule is effective on April 30, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2013-0164. 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: Mike Gordon, (215) 814-2039, or by 
email at gordon.mike@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 129 of the CAA requires EPA to establish performance 
standards and emission guidelines for various types of new and existing 
solid waste incineration units. Section 129(b)(2) requires States to 
submit to EPA for approval section 111(d)/129 plans that implement and 
enforce the promulgated emission guidelines. State submittals under CAA 
sections 111(d) and 129 must be consistent with the relevant emission 
guidelines, in this instance 40 CFR part 60, subpart MMMM, and the 
requirements of 40 CFR part 60, subpart B and part 62, subpart A.
    On December 12, 2012, the Virginia Department of Environmental 
Quality (VADEQ) submitted to EPA a formal section 111(d)/129 plan for 
SSI units. The submitted section 111(d)/129 plan was in response to the 
March 21, 2011 promulgation of Federal NSPS and emission guidelines 
requirements for SSI units, 40 CFR part 60, subparts LLLL and MMMM, 
respectively (76 FR 15372).
    On December 3, 2013 (78 FR 72609), EPA published a notice of 
proposed rulemaking (NPR) for the Commonwealth of Virginia. In the NPR, 
EPA proposed approval of Virginia's section 111(d)/129 plan for 
existing SSI units. No comments were received on the proposed approval.

II. Summary of Section 111(d)/129 Plan Submittal

    EPA has reviewed the Virginia section 111(d)/129 plan submittal in 
the context of the requirements of 40 CFR part 60, subparts B and MMMM, 
and part 62, subpart A. In this action, EPA is finalizing its 
determination that the submitted section 111(d)/129 plan meets the 
above-cited requirements. EPA is also revising 40 CFR Part 62, Subpart 
VV to reflect this approval. A detailed explanation of the rationale 
behind this action is available in the Technical Support Document (TSD) 
for this rulemaking as well as the December 3, 2013 proposal.

III. General Information Pertaining to Section 111(d)/129 Plan 
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.
    Other specific requirements of Virginia's section 111(d)/129 plan 
for existing SSI units and the rationale for EPA's proposed action are 
explained in the NPR and associated TSD, and will not be restated here. 
No public comments were received on the NPR.

III. Final Action

    EPA is approving Virginia's section 111(d)/129 plan for existing 
sewage sludge incineration units. Therefore, EPA is amending 40 CFR 
part 62,

[[Page 17888]]

subpart VV to reflect this final action. This approval is based on the 
rationale discussed above and in further detail in the TSD associated 
with this action.
    The EPA Administrator continues to retain authority for several 
tasks, as provided in 40 CFR 60.5050 and in Plan Provisions--section J 
of the submittal.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). This 
action merely approves state law as meeting Federal requirements and 
imposes no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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). This rule also does not 
have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a Federal requirement, and 
does not alter the relationship or the distribution of power and 
responsibilities established in the CAA. This rule also is not subject 
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it 
approves a state rule implementing a Federal standard.
    In reviewing VADEQ's submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a VADEQ submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a VADEQ 
submission, to use VCS in place of a VADEQ submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. As required by section 3 of 
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this 
rule, EPA has taken the necessary steps to eliminate drafting errors 
and ambiguity, minimize potential litigation, and provide a clear legal 
standard for affected conduct. EPA has complied with Executive Order 
12630 (53 FR 8859, March 15, 1988) by examining the takings 
implications of the rule in accordance with the Attorney General's 
``Supplemental Guidelines for the Evaluation of Risk and Avoidance of 
Unanticipated Takings'' issued under the executive order. This rule for 
the approval of VADEQ's section 111(d)/129 plan for SSI units does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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 May 30, 2014. 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 Section 111(d)/129 plan for 
existing sewage sludge incineration units may not be challenged later 
in proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Incorporation by 
reference, Administrative practice and procedure, Aluminum, 
Fertilizers, Flouride, Intergovernmental relations, Paper and products 
industry, Phosphate, Reporting and recordkeeping requirements, Sulfur 
oxides, Sulfuric acid plants, Waste treatment and disposal.

    Dated: March 13, 2014.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 62 is amended as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart VV--Virginia

0
2. Subpart VV is amended by adding an undesignated center heading after 
Sec.  62.11642 and by adding Sec. Sec.  62.11650, 62.11651, and 
62.11652 to read as follows:

Emissions From Existing Sewage Sludge Incineration Units--Section 
111(d)/129 Plan


Sec.  62.11650  Identification of plan.

    Section 111(d)/129 plan for existing sewage sludge incineration and 
the associated Virginia Administrative Code (VAC), specifically Article 
55 of 9VAC5 Chapter 40, submitted to EPA on December 12, 2012.


Sec.  62.11651  Identification of sources.

    The affected facility to which the plan applies is each sewage 
sludge incineration unit within the Commonwealth of Virginia that 
commenced construction on or before October 14, 2010.

[[Page 17889]]

Sec.  62.11652  Effective date.

    The effective date of the plan for existing sewage sludge 
incineration units is April 30, 2014.

[FR Doc. 2014-06963 Filed 3-28-14; 8:45 am]
BILLING CODE 6560-50-P