Approval and Promulgation of Implementation Plans; Virginia; Regional Haze Five-Year Progress Report State Implementation Plan, 25019-25021 [2014-10110]

Download as PDF Federal Register / Vol. 79, No. 85 / Friday, May 2, 2014 / Rules and Regulations [FR Doc. 2014–10114 Filed 5–1–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY Environmental Quality, 629 East Main Street, Richmond, Virginia 23219. FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814–2166, or by email at shandruk.irene@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On February 25, 2014 (79 FR 10451), [EPA–R03–OAR–2014–0006; FRL–9910–34– EPA published a notice of proposed Region 3] rulemaking (NPR) for the Commonwealth of Virginia. In the NPR, Approval and Promulgation of EPA proposed approval of Virginia’s Implementation Plans; Virginia; progress report SIP, a report on progress Regional Haze Five-Year Progress made in the first implementation period Report State Implementation Plan towards RPGs for Class I areas in the AGENCY: Environmental Protection Commonwealth and Class I areas Agency (EPA). outside the Commonwealth that are ACTION: Final rule. affected by emissions from Virginia’s sources. This progress report SIP and SUMMARY: The Environmental Protection accompanying cover letter also included Agency (EPA) is approving a State a determination that Virginia’s existing Implementation Plan (SIP) revision regional haze SIP requires no submitted by the Commonwealth of substantive revision to achieve the Virginia through the Virginia established regional haze visibility Department of Environmental Quality improvement and emissions reduction (DEQ). Virginia’s SIP revision addresses goals for 2018. requirements of the Clean Air Act (CAA) States are required to submit a and EPA’s rules that require states to progress report in the form of a SIP submit periodic reports describing revision every five years that evaluates progress towards reasonable progress progress towards the RPGs for each goals (RPGs) established for regional mandatory Class I Federal area within haze and a determination of the the state and in each mandatory Class I adequacy of the state’s existing Federal area outside the state which implementation plan addressing may be affected by emissions from regional haze (regional haze SIP). EPA is within the state. See 40 CFR 51.308(g). approving Virginia’s SIP revision on the In addition, the provisions under 40 basis that it addresses the progress CFR 51.308(h) require states to submit, report and adequacy determination at the same time as the 40 CFR 51.308(g) requirements for the first progress report, a determination of the implementation period for regional adequacy of the state’s existing regional haze. haze SIP. The first progress report SIP is due five years after submittal of the DATES: This final rule is effective on initial regional haze SIP. On October 4, June 2, 2014. 2010, Virginia DEQ submitted the ADDRESSES: EPA has established a Commonwealth’s first regional haze SIP docket for this action under Docket ID Number EPA–R03–OAR–2014–0006. All in accordance with the requirements of 40 CFR 51.308.1 The progress report SIP documents in the docket are listed in the www.regulations.gov Web site. 1 On June 13, 2012, Although listed in the electronic docket, approval of Virginia’s EPA finalized a limited haze October 4, 2010 regional some information is not publicly SIP to address the first implementation period for regional haze (77 FR 35287). In a separate action, available, i.e., confidential business published on June 7, 2012 (77 FR 33642), EPA information (CBI) or other information a limited disapproval of the Virginia whose disclosure is restricted by statute. finalizedhaze SIP because of the Commonwealth’s regional Certain other material, such as reliance on the Clean Air Interstate Rule (CAIR) to meet certain regional haze requirements, which copyrighted material, is not placed on EPA replaced in August 2011 with the Cross-State the Internet and will be publicly Air Pollution Rule (CSAPR) (76 FR 48208, August available only in hard copy form. 8, 2011). In the aforementioned June 7, 2012 action, Publicly available docket materials are EPA finalized a Federal Implementation Plan (FIP) for Virginia to replace the Commonwealth’s reliance available either electronically through www.regulations.gov or in hard copy for on CAIR with reliance on CSAPR. Following these EPA actions, the DC Circuit issued a decision in public inspection during normal EME Homer City Generation, L.P. v. EPA, 696 F.3d business hours at the Air Protection 7 (D.C. Cir. 2012), cert. granted 133 U.S. 2857 Division, U.S. Environmental Protection (2013) vacating CSAPR and keeping CAIR in place pending the promulgation of a valid replacement Agency, Region III, 1650 Arch Street, rule. EPA believes that the EME Homer City Philadelphia, Pennsylvania 19103. decision impacts the reasoning that formed the Copies of Virginia’s submittal are basis for EPA’s limited disapproval of Virginia’s regional haze SIP based on Virginia’s reliance upon available at the Virginia Department of TKELLEY on DSK3SPTVN1PROD with RULES 40 CFR Part 52 VerDate Mar<15>2010 16:05 May 01, 2014 Jkt 232001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 25019 revision was submitted by Virginia on November 8, 2013 and EPA finds that it satisfies the requirements of 40 CFR 51.308(g) and 308(h). II. Summary of SIP Revision On November 8, 2013, Virginia submitted a SIP revision to address progress made towards RPGs of Class I areas in the Commonwealth and Class I areas outside the Commonwealth that are affected by emissions from Virginia’s sources. This progress report SIP also includes a determination of the adequacy of the Commonwealth’s existing regional haze SIP. Virginia has two Class I areas within its borders: James River Face Wilderness Area (James River) and Shenandoah National Park (Shenandoah). Virginia mentions in the progress report SIP that Virginia sources were also identified, through an area of influence modeling analysis based on back trajectories, as potentially impacting nine Class I areas in five neighboring states: Dolly Sods Wilderness Area in West Virginia; Great Smoky Mountains National Park and Joyce Kilmer—Slickrock Wilderness Area in North Carolina and Tennessee; Linville Gorge, Shining Rock and Swanquarter Wilderness Areas in North Carolina; Cohutta and Wolf Island Wilderness Areas in Georgia; and Cape Romaine Wilderness Area in South Carolina. The provisions in 40 CFR 51.308(g) require a progress report SIP to address seven elements. EPA finds that Virginia’s progress report SIP addressed each element under 40 CFR 51.308(g). The seven elements and EPA’s conclusion are briefly summarized below; however, the detailed rationale for EPA’s action is explained in the NPR and will not be restated here. No adverse public comments were received on the NPR. The provisions in 40 CFR 51.308(g) require progress report SIPs to include a description of the status of measures in the approved regional haze SIP; a summary of emissions reductions achieved; an assessment of visibility conditions for each Class I area in the state; an analysis of changes in emissions from sources and activities within the state; an assessment of any significant changes in anthropogenic emissions within or outside the state that have limited or impeded progress in Class I areas impacted by the state’s sources; an assessment of the sufficiency of the approved regional CAIR and expects to propose an appropriate action regarding the limited approval and limited disapproval of the regional haze SIP upon final resolution of EME Homer City. E:\FR\FM\02MYR1.SGM 02MYR1 25020 Federal Register / Vol. 79, No. 85 / Friday, May 2, 2014 / Rules and Regulations haze SIP; and a review of the state’s visibility monitoring strategy. As explained in detail in the NPR, EPA finds that Virginia’s progress report SIP addressed each element and has therefore satisfied the requirements under 40 CFR 51.308(g). In addition, pursuant to 40 CFR 51.308(h), states are required to submit, at the same time as the progress report SIP, a determination of the adequacy of their existing regional haze SIP and to take one of four possible actions based on information in the progress report. One possible action is submission of a negative declaration to EPA that no further substantive revision to the state’s existing regional haze SIP is needed. In its progress report SIP, Virginia submitted a negative declaration that it had determined that the existing regional haze SIP requires no further substantive revision to achieve the RPGs for Class I areas affected by Virginia’s sources. As explained in detail in the NPR, EPA concludes Virginia has adequately addressed 40 CFR 51.308(h) because the visibility data trends at the Class I areas impacted by the Commonwealth’s sources and the emissions trends of the Commonwealth’s largest emitters of visibility-impairing pollutants both indicate that the Commonwealth’s RPGs for 2018 will be met or exceeded. Therefore, EPA concludes Virginia’s progress report SIP meets the requirements of 40 CFR 52.308(h). TKELLEY on DSK3SPTVN1PROD with RULES III. Final Action EPA is approving Virginia’s Regional Haze five-year progress report SIP revision, submitted November 8, 2013, as meeting the applicable regional haze requirements as set forth in 40 CFR 51.308(g) and 51.308(h). IV. General Information Pertaining to SIP Submittals From the Commonwealth of Virginia In 1995, Virginia adopted legislation that provides, subject to certain conditions, for an environmental assessment (audit) ‘‘privilege’’ for voluntary compliance evaluations performed by a regulated entity. The legislation further addresses the relative burden of proof for parties either asserting the privilege or seeking disclosure of documents for which the privilege is claimed. Virginia’s legislation also provides, subject to certain conditions, for a penalty waiver for violations of environmental laws when a regulated entity discovers such violations pursuant to a voluntary compliance evaluation and voluntarily discloses such violations to the Commonwealth and takes prompt and VerDate Mar<15>2010 16:05 May 01, 2014 Jkt 232001 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 § 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 PSD, NSR, or Title V program consistent with the Federal requirements. In any event, PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 because EPA has also determined that a state audit privilege and immunity law can affect only state enforcement and cannot have any impact on Federal enforcement authorities, EPA may at any time invoke its authority under the CAA, including, for example, sections 113, 167, 205, 211 or 213, to enforce the requirements or prohibitions of the state plan, independently of any state enforcement effort. In addition, citizen enforcement under section 304 of the CAA is likewise unaffected by this, or any, state audit privilege or immunity law. V. Statutory and Executive Order Reviews A. General Requirements Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and E:\FR\FM\02MYR1.SGM 02MYR1 25021 Federal Register / Vol. 79, No. 85 / Friday, May 2, 2014 / Rules and Regulations • 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, Name of non-regulatory SIP revision * Regional Haze Five-Year Progress Report. * List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by * Statewide ............................... BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R08–OAR–2012–0761; FRL–9909–86– Region 8] Approval and Promulgation of State Implementation Plan Revisions; Revisions to the Air Pollution Control Rules; North Dakota Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: TKELLEY on DSK3SPTVN1PROD with RULES 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 July 1, 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 to approve Virginia’s regional haze five-year progress report SIP revision may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) Applicable geographic area [FR Doc. 2014–10110 Filed 5–1–14; 8:45 am] The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the Governor of North Dakota on April 14, 2011. The revisions affect North Dakota’s air pollution control rules regarding general SUMMARY: VerDate Mar<15>2010 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). 16:05 May 01, 2014 Jkt 232001 State submittal date * 11/8/13 Frm 00027 Fmt 4700 Sfmt 4700 Dated: April 21, 2014. 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 an entry for Regional Haze Five-Year Progress Report at the end of the table to read as follows: ■ § 52.2420 * Identification of plan. * * (e) * * * * EPA approval date * 5/2/14 [Insert page number where the document begins]. provisions, ambient air quality standards (sulfur dioxide (SO2), nitrogen dioxide (NOX), and lead), and permitting. EPA acted separately on other provisions in the April 14, 2011 submittal related to North Dakota’s regulation of greenhouse gases (GHGs) under its Prevention of Significant Deterioration (PSD) program. This action is being taken under section 110 of the Clean Air Act (the Act or CAA). DATES: This final rule is effective June 2, 2014. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R08–OAR–2012–0761. All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., 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 PO 00000 reference, Intergovernmental relations, Nitrogen oxides, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds. * Additional explanation * * available only in hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at the Air Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop St., Denver, Colorado 80202–1129. EPA requests that if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Gail Fallon, Air Program, U.S. Environmental Protection Agency, Region 8, Mailcode 8P–AR, 1595 Wynkoop Street, Denver, Colorado 80202–1129, (303) 312–6281, Fallon.Gail@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Background E:\FR\FM\02MYR1.SGM 02MYR1

Agencies

[Federal Register Volume 79, Number 85 (Friday, May 2, 2014)]
[Rules and Regulations]
[Pages 25019-25021]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10110]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0006; FRL-9910-34-Region 3]


Approval and Promulgation of Implementation Plans; Virginia; 
Regional Haze Five-Year Progress Report State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the Commonwealth of 
Virginia through the Virginia Department of Environmental Quality 
(DEQ). Virginia's SIP revision addresses requirements of the Clean Air 
Act (CAA) and EPA's rules that require states to submit periodic 
reports describing progress towards reasonable progress goals (RPGs) 
established for regional haze and a determination of the adequacy of 
the state's existing implementation plan addressing regional haze 
(regional haze SIP). EPA is approving Virginia's SIP revision on the 
basis that it addresses the progress report and adequacy determination 
requirements for the first implementation period for regional haze.

DATES: This final rule is effective on June 2, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0006. 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 
Virginia's submittal are available at the Virginia Department of 
Environmental Quality, 629 East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by 
email at shandruk.irene@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On February 25, 2014 (79 FR 10451), EPA published a notice of 
proposed rulemaking (NPR) for the Commonwealth of Virginia. In the NPR, 
EPA proposed approval of Virginia's progress report SIP, a report on 
progress made in the first implementation period towards RPGs for Class 
I areas in the Commonwealth and Class I areas outside the Commonwealth 
that are affected by emissions from Virginia's sources. This progress 
report SIP and accompanying cover letter also included a determination 
that Virginia's existing regional haze SIP requires no substantive 
revision to achieve the established regional haze visibility 
improvement and emissions reduction goals for 2018.
    States are required to submit a progress report in the form of a 
SIP revision every five years that evaluates progress towards the RPGs 
for each mandatory Class I Federal area within the state and in each 
mandatory Class I Federal area outside the state which may be affected 
by emissions from within the state. See 40 CFR 51.308(g). In addition, 
the provisions under 40 CFR 51.308(h) require states to submit, at the 
same time as the 40 CFR 51.308(g) progress report, a determination of 
the adequacy of the state's existing regional haze SIP. The first 
progress report SIP is due five years after submittal of the initial 
regional haze SIP. On October 4, 2010, Virginia DEQ submitted the 
Commonwealth's first regional haze SIP in accordance with the 
requirements of 40 CFR 51.308.\1\ The progress report SIP revision was 
submitted by Virginia on November 8, 2013 and EPA finds that it 
satisfies the requirements of 40 CFR 51.308(g) and 308(h).
---------------------------------------------------------------------------

    \1\ On June 13, 2012, EPA finalized a limited approval of 
Virginia's October 4, 2010 regional haze SIP to address the first 
implementation period for regional haze (77 FR 35287). In a separate 
action, published on June 7, 2012 (77 FR 33642), EPA finalized a 
limited disapproval of the Virginia regional haze SIP because of the 
Commonwealth's reliance on the Clean Air Interstate Rule (CAIR) to 
meet certain regional haze requirements, which EPA replaced in 
August 2011 with the Cross-State Air Pollution Rule (CSAPR) (76 FR 
48208, August 8, 2011). In the aforementioned June 7, 2012 action, 
EPA finalized a Federal Implementation Plan (FIP) for Virginia to 
replace the Commonwealth's reliance on CAIR with reliance on CSAPR. 
Following these EPA actions, the DC Circuit issued a decision in EME 
Homer City Generation, L.P. v. EPA, 696 F.3d 7 (D.C. Cir. 2012), 
cert. granted 133 U.S. 2857 (2013) vacating CSAPR and keeping CAIR 
in place pending the promulgation of a valid replacement rule. EPA 
believes that the EME Homer City decision impacts the reasoning that 
formed the basis for EPA's limited disapproval of Virginia's 
regional haze SIP based on Virginia's reliance upon CAIR and expects 
to propose an appropriate action regarding the limited approval and 
limited disapproval of the regional haze SIP upon final resolution 
of EME Homer City.
---------------------------------------------------------------------------

II. Summary of SIP Revision

    On November 8, 2013, Virginia submitted a SIP revision to address 
progress made towards RPGs of Class I areas in the Commonwealth and 
Class I areas outside the Commonwealth that are affected by emissions 
from Virginia's sources. This progress report SIP also includes a 
determination of the adequacy of the Commonwealth's existing regional 
haze SIP.
    Virginia has two Class I areas within its borders: James River Face 
Wilderness Area (James River) and Shenandoah National Park 
(Shenandoah). Virginia mentions in the progress report SIP that 
Virginia sources were also identified, through an area of influence 
modeling analysis based on back trajectories, as potentially impacting 
nine Class I areas in five neighboring states: Dolly Sods Wilderness 
Area in West Virginia; Great Smoky Mountains National Park and Joyce 
Kilmer--Slickrock Wilderness Area in North Carolina and Tennessee; 
Linville Gorge, Shining Rock and Swanquarter Wilderness Areas in North 
Carolina; Cohutta and Wolf Island Wilderness Areas in Georgia; and Cape 
Romaine Wilderness Area in South Carolina.
    The provisions in 40 CFR 51.308(g) require a progress report SIP to 
address seven elements. EPA finds that Virginia's progress report SIP 
addressed each element under 40 CFR 51.308(g). The seven elements and 
EPA's conclusion are briefly summarized below; however, the detailed 
rationale for EPA's action is explained in the NPR and will not be 
restated here. No adverse public comments were received on the NPR.
    The provisions in 40 CFR 51.308(g) require progress report SIPs to 
include a description of the status of measures in the approved 
regional haze SIP; a summary of emissions reductions achieved; an 
assessment of visibility conditions for each Class I area in the state; 
an analysis of changes in emissions from sources and activities within 
the state; an assessment of any significant changes in anthropogenic 
emissions within or outside the state that have limited or impeded 
progress in Class I areas impacted by the state's sources; an 
assessment of the sufficiency of the approved regional

[[Page 25020]]

haze SIP; and a review of the state's visibility monitoring strategy. 
As explained in detail in the NPR, EPA finds that Virginia's progress 
report SIP addressed each element and has therefore satisfied the 
requirements under 40 CFR 51.308(g).
    In addition, pursuant to 40 CFR 51.308(h), states are required to 
submit, at the same time as the progress report SIP, a determination of 
the adequacy of their existing regional haze SIP and to take one of 
four possible actions based on information in the progress report. One 
possible action is submission of a negative declaration to EPA that no 
further substantive revision to the state's existing regional haze SIP 
is needed. In its progress report SIP, Virginia submitted a negative 
declaration that it had determined that the existing regional haze SIP 
requires no further substantive revision to achieve the RPGs for Class 
I areas affected by Virginia's sources. As explained in detail in the 
NPR, EPA concludes Virginia has adequately addressed 40 CFR 51.308(h) 
because the visibility data trends at the Class I areas impacted by the 
Commonwealth's sources and the emissions trends of the Commonwealth's 
largest emitters of visibility-impairing pollutants both indicate that 
the Commonwealth's RPGs for 2018 will be met or exceeded. Therefore, 
EPA concludes Virginia's progress report SIP meets the requirements of 
40 CFR 52.308(h).

III. Final Action

    EPA is approving Virginia's Regional Haze five-year progress report 
SIP revision, submitted November 8, 2013, as meeting the applicable 
regional haze requirements as set forth in 40 CFR 51.308(g) and 
51.308(h).

IV. General Information Pertaining to SIP Submittals From the 
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to 
certain conditions, for an environmental assessment (audit) 
``privilege'' for voluntary compliance evaluations performed by a 
regulated entity. The legislation further addresses the relative burden 
of proof for parties either asserting the privilege or seeking 
disclosure of documents for which the privilege is claimed. Virginia's 
legislation also provides, subject to certain conditions, for a penalty 
waiver for violations of environmental laws when a regulated entity 
discovers such violations pursuant to a voluntary compliance evaluation 
and voluntarily discloses such violations to the Commonwealth and takes 
prompt and appropriate measures to remedy the violations. Virginia's 
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and 
information about the content of those documents that are the product 
of a voluntary environmental assessment. The Privilege Law does not 
extend to documents or information that: (1) Are generated or developed 
before the commencement of a voluntary environmental assessment; (2) 
are prepared independently of the assessment process; (3) demonstrate a 
clear, imminent and substantial danger to the public health or 
environment; or (4) are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the 
Attorney General provided a legal opinion that states that the 
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege 
to documents and information ``required by law,'' including documents 
and information ``required by Federal law to maintain program 
delegation, authorization or approval,'' since Virginia must ``enforce 
Federally authorized environmental programs in a manner that is no less 
stringent than their Federal counterparts . . . .'' The opinion 
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or 
other information needed for civil or criminal enforcement under one of 
these programs could not be privileged because such documents and 
information are essential to pursuing enforcement in a manner required 
by Federal law to maintain program delegation, authorization or 
approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that 
``[t]o the extent consistent with requirements imposed by Federal 
law,'' any person making a voluntary disclosure of information to a 
state agency regarding a violation of an environmental statute, 
regulation, permit, or administrative order is granted immunity from 
administrative or civil penalty. The Attorney General's January 12, 
1998 opinion states that the quoted language renders this statute 
inapplicable to enforcement of any Federally authorized programs, since 
``no immunity could be afforded from administrative, civil, or criminal 
penalties because granting such immunity would not be consistent with 
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and 
Immunity statutes will not preclude the Commonwealth from enforcing its 
PSD, NSR, or Title V program consistent with the Federal requirements. 
In any event, because EPA has also determined that a state audit 
privilege and immunity law can affect only state enforcement and cannot 
have any impact on Federal enforcement authorities, EPA may at any time 
invoke its authority under the CAA, including, for example, sections 
113, 167, 205, 211 or 213, to enforce the requirements or prohibitions 
of the state plan, independently of any state enforcement effort. In 
addition, citizen enforcement under section 304 of the CAA is likewise 
unaffected by this, or any, state audit privilege or immunity law.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and

[[Page 25021]]

     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 July 1, 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 to approve Virginia's regional haze five-year progress 
report SIP revision 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, Intergovernmental relations, Nitrogen oxides, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur dioxide, 
Volatile organic compounds.

    Dated: April 21, 2014.
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 an 
entry for Regional Haze Five-Year Progress Report at the end of the 
table to read as follows:


Sec.  52.2420  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Regional Haze Five-Year Progress   Statewide..........         11/8/13  5/2/14 [Insert page
 Report.                                                                 number where the
                                                                         document begins].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2014-10110 Filed 5-1-14; 8:45 am]
BILLING CODE 6560-50-P