Approval and Promulgation of Implementation Plans; Virginia; Regional Haze Five-Year Progress Report State Implementation Plan, 25019-25021 [2014-10110]
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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
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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.
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02MYR1
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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).
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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
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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,
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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
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• 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
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State submittal
date
*
11/8/13
Frm 00027
Fmt 4700
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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 https://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
https://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
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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]
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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.
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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].
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[FR Doc. 2014-10110 Filed 5-1-14; 8:45 am]
BILLING CODE 6560-50-P