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
<![CDATA[
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 https://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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
