Approval and Promulgation of Air Quality Implementation Plans; Virginia Infrastructure Requirements for the 2012 Fine Particulate Matter National Ambient Air Quality Standards, 39208-39211 [2016-14181]
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Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations
State effective
date
Rule title
Final rule citation, date
Comments
X. Vehicle Inspection and Maintenance Program
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X.A. General Requirements and Applicability ...............................
X.B. Davis County .........................................................................
X.C. Salt Lake County ...................................................................
X.D. Utah County ..........................................................................
X.E. Weber County ........................................................................
X.F. Cache County ........................................................................
XI. Other Control Measures for Mobile Sources ...........................
XII. Transportation Conformity Consultation .................................
XIII. Analysis of Plan Impact .........................................................
XIV. Emission Inventory Development ..........................................
XV. Title 19, Chapter 2 Utah Code Annotated, 1993 ...................
XVI. Public Notification ..................................................................
12/5/2012
2/14/1997
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68 FR 37744, 6/25/2003
68 FR 37744, 6/25/2003
XVII. Visibility Protection
Section XVII.A. Introduction ........................................................................
Section XVII.B. Background .......................................................................
Section XVII.C. Visibility Protection ............................................................
Section XVII.D. Visibility Monitoring ...........................................................
Section XVII.E. New or Modified Source Analysis of Visibility Impact .......
Section XVII.F. Existing Source Visibility Impact and BART .....................
Section XVII.G. Regional Haze ..................................................................
Section XVII.H. Long Term Plan to Show Progress Toward Improved
Visibility.
Section XVII.I. Visibility Progress Report ...................................................
Section XVII.J. Policy of the Air Conservation Committee Concerning the
Protection of Scenic Views Associated with Mandatory Class I Areas
from Signficant Impairment for Visibility.
Section XVIII. Demonstration of GEP Stack Height ...................................
Section XIX. Small Business Assistance Program .....................................
Section XX.G. Long-Term Strategy for Fire Programs ..............................
Section XXII. General Conformity ..............................................................
Section XXIII. Interstate Transport .............................................................
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37744, 6/25/2003
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4071, 1/18/2013 ..
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16543, 3/28/2008
Maintenance Plans
Ogden Carbon Monoxide (CO) Maintenance Plan Summary.
Salt Lake and Davis County Ozone Maintenance Plan Summary.
Salt Lake and Tooele Counties Sulfur Dioxide (SO2) Plan Summary.
Salt Lake City Carbon Monoxide (CO) Maintenance Plan.
Salt Lake County Particulate Matter (PM¥10) Attainment Plan Summary.
Utah County Particulate Matter (PM¥10) Attainment Plan Summary.
[FR Doc. 2016–14099 Filed 6–15–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2015–0838; FRL–9947–76–
Region 3]
jstallworth on DSK7TPTVN1PROD with RULES
Approval and Promulgation of Air
Quality Implementation Plans; Virginia
Infrastructure Requirements for the
2012 Fine Particulate Matter National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This final rule is effective on July
18, 2016.
DATES:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
SUMMARY:
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submitted by the Commonwealth of
Virginia (Virginia) pursuant to the Clean
Air Act (CAA). Whenever new or
revised national ambient air quality
standards (NAAQS) are promulgated,
the CAA requires states to submit a plan
to address basic program elements,
including but not limited to regulatory
structure, monitoring, modeling, legal
authority, and adequate resources
necessary to assure implementation,
maintenance, and enforcement of the
NAAQS. These elements are referred to
as infrastructure requirements. The
Commonwealth of Virginia made a
submittal addressing the infrastructure
requirements for the 2012 fine
particulate matter (PM2.5) NAAQS.
EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2015–0838. All
ADDRESSES:
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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 through www.regulations.gov
or may be viewed 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 Virginia Department of
Environmental Quality, 629 East Main
Street, Richmond, Virginia 23219.
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Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Ellen Schmitt, (215) 814–5787, or by
email at schmitt.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 18, 1997, the EPA
promulgated a new 24-hour and a new
annual NAAQS for PM2.5 (62 FR 38652).
Subsequently, on December 14, 2012,
the EPA revised the level of the health
based (primary) annual PM2.5 standard
to 12 micrograms per cubic meter (mg/
m3). See 78 FR 3086 (January 15, 2013).1
Pursuant to section 110(a)(1) of the
CAA, states are required to submit SIPs
meeting the applicable requirements of
section 110(a)(2) within three years after
promulgation of a new or revised
NAAQS or within such shorter period
as EPA may prescribe. Section 110(a)(2)
requires states to address basic SIP
elements such as requirements for
monitoring, basic program
requirements, and legal authority that
are designed to assure attainment and
maintenance of the NAAQS. Section
110(a) imposes the obligation upon
states to make a SIP submission to EPA
for a new or revised NAAQS, but the
contents of that submission may vary
depending upon the facts and
circumstances. In particular, the data
and analytical tools available at the time
the state develops and submits the SIP
for a new or revised NAAQS affect the
content of the submission. The content
of such SIP submission may also vary
depending upon what provisions the
state’s existing SIP already contains.
jstallworth on DSK7TPTVN1PROD with RULES
II. Summary of SIP Revision
On July 16, 2015, the Commonwealth
of Virginia, through the Virginia
Department of Environmental Quality
(VADEQ), submitted a SIP revision that
addresses the infrastructure elements
specified in section 110(a)(2) of the CAA
necessary to implement, maintain, and
enforce the 2012 PM2.5 NAAQS.2 On
March 7, 2016 (81 FR 11711), EPA
published a notice of proposed
rulemaking (NPR) proposing approval of
the Virginia July 16, 2015 submittal. In
1 In EPA’s 2012 PM
2.5 NAAQS revision, EPA left
unchanged the existing welfare (secondary)
standards for PM2.5 to address PM related effects
such as visibility impairment, ecological effects,
damage to materials and climate impacts. This
includes an annual secondary standard of 15 mg/m3
and a 24-hour standard of 35 mg/m3.
2 To clarify, the ‘‘2013 PM
2.5 NAAQS’’ referred to
in the Virginia SIP submittal is the same as the
‘‘2012 PM2.5 NAAQS’’ EPA refers to in this
rulemaking action. The final rule for this NAAQS
was signed by the EPA Administrator on December
14, 2012, thereby it has been called the ‘‘2012 PM2.5
NAAQS.’’ However, the final rule was published in
the Federal Register on January 15, 2013, with an
effective date of March 13, 2013, resulting in it also
being referred to as the ‘‘2013 PM2.5 NAAQS.’’
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the NPR, EPA proposed approval of the
following infrastructure elements:
Section 110(a)(2)(A), (B), (C), (D)(i)(II)
(prevention of significant deterioration),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M).
At this time, EPA is not taking action
on section 110(a)(2)(D)(i)(I) of the CAA
relating to interstate transport of
emissions because Virginia’s July 16,
2016 infrastructure SIP submittal did
not include provisions for this element;
therefore EPA will take later, separate
action on section 110(a)(2)(D)(i)(I) for
the 2012 PM2.5 NAAQS for Virginia as
explained in the NPR. Additionally,
EPA is not at this time taking action on
section 110(a)(2)(D)(i)(II) for visibility
protection for the 2012 PM2.5 NAAQS as
explained in the NPR. Although
Virginia’s infrastructure SIP submittal
for the 2012 PM2.5 NAAQS referred to
Virginia’s regional haze SIP for section
110(a)(2)(D)(i)(II) for visibility
protection, EPA intends to take later,
separate action on Virginia’s submittal
for these elements as explained in the
NPR and the Technical Support
Document (TSD) which accompanied
the NPR. Finally, Virginia did not
submit section 110(a)(2)(I) which
pertains to the nonattainment
requirements of part D, Title I of the
CAA, because this element is not
required to be submitted by the 3-year
submission deadline of section 110(a)(1)
and will be addressed in a separate
process if necessary.
The rationale supporting EPA’s
proposed rulemaking action, including
the scope of infrastructure SIPs in
general, is explained in the published
NPR and the TSD accompanying the
NPR and will not be restated here. The
NPR and TSD are available in the docket
for this rulemaking at
www.regulations.gov, Docket ID Number
EPA–R03–OAR–2015–0838. No public
comments were received on the NPR.
III. Final Action
EPA is approving, as a revision to the
Virginia SIP, the following elements of
Virginia’s July 16, 2015 SIP revision for
the 2012 PM2.5 NAAQS: Section
110(a)(2)(A), (B), (C), (D)(i)(II)
(prevention of significant deterioration),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M). Virginia’s SIP revision provides the
basic program elements specified in
section 110(a)(2) necessary to
implement, maintain, and enforce the
2012 PM2.5 NAAQS. This final
rulemaking action does not include
action on sections 110(a)(2)(D)(i)(I)
(interstate transport of emissions), and
(D)(i)(II) (visibility protection) for the
2012 PM2.5 NAAQS as previously
discussed. Additionally, EPA is not
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39209
taking action on section 110(a)(2)(I)
which pertains to the nonattainment
planning requirements of part D, title I
of the CAA, because this element is not
required to be submitted by the 3-year
submission deadline of section 110(a)(1)
of the CAA, and will be addressed in a
separate process if necessary.
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 § 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
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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.
jstallworth on DSK7TPTVN1PROD with RULES
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
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Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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
• 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).
The SIP is not approved to apply on
any Indian reservation land as defined
in 18 U.S.C. 1151 or in any other area
where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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
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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 August 15, 2016. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action, which
satisfies certain infrastructure
requirements of section 110(a)(2) of the
CAA for the 2012 PM2.5 NAAQS for the
Commonwealth of Virginia, may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter, Reporting
and recordkeeping requirements.
Dated: May 27, 2016.
Shawn M. Garvin,
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, to the end of
the table, an entry for ‘‘Section 110(a)(2)
Infrastructure Requirements for the 2012
Particulate Matter NAAQS.’’ The added
text reads as follows:
■
§ 52.2420
*
Identification of plan.
*
*
(e) * * *
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*
*
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Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations
Name of non-regulatory
SIP revision
Applicable
geographic
area
*
Section 110(a)(2) Infrastructure Requirements
for the 2012 Particulate
Matter NAAQS.
*
Statewide .......
State
submittal date
7/16/15
*
6/16/16, [Insert Federal
Register citation].
Additional explanation
*
*
*
Docket #2015–0838. This action addresses the following CAA elements, or portions thereof:
110(a)(2)(A), (B), (C), (D)(i)(II)(PSD), (D)(ii), (E),
(F), (G), (H), (J), (K), (L), and (M).
This rule is effective on August
15, 2016 without further notice, unless
the EPA receives adverse comments by
July 18, 2016. If we receive such
comments, we will publish a timely
withdrawal in the Federal Register to
notify the public that this direct final
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2016–0124 at https://
www.regulations.gov, or via email to
Steckel.Andrew@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
DATES:
[FR Doc. 2016–14181 Filed 6–15–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2016–0124; FRL–9946–38–
Region 9]
Approval of California Air Plan
Revisions, Eastern Kern Air Pollution
Control District and Yolo-Solano Air
Quality Management District
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
*
EPA approval date
Direct final rule.
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the YoloSolano Air Quality Management District
(YSAQMD) and Eastern Kern Air
Pollution Control District (EKAPCD)
portions of the California State
Implementation Plan (SIP). These
revisions concern, respectively, the
definition of volatile organic
compounds (VOCs), and emissions of
VOCs from the surface coating
operations of wood products. We are
approving local rules that regulate these
emission sources under the Clean Air
Act (CAA or the Act).
SUMMARY:
section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Arnold Lazarus, EPA Region IX, (415)
972–3024, lazarus.arnold@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
FURTHER INFORMATION CONTACT
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rule and rule revision?
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
C. EPA Recommendations To Further
Improve the Rules
D. Public Comment and Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rules did the State submit?
Table 1 lists the rules addressed by
this action with the dates that they were
adopted by the local air agencies and
submitted by the California Air
Resources Board (CARB).
TABLE 1—SUBMITTED RULES
Local agency
Rule No.
jstallworth on DSK7TPTVN1PROD with RULES
EKAPCD .........
YSAQMD ........
410.9
1.1
Wood Products Surface Coating Operations .................................................
General Provisions and Definitions ................................................................
On September 11, 2014, and January
19, 2016, the EPA determined that the
submittals for EKAPCD Rule 410.9 and
YSAQMD Rule 1.1 respectively met the
completeness criteria in 40 CFR part 51
Appendix V, which must be met before
formal EPA review.
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Adopted/
amended/
revised
Rule title
Jkt 238001
3/13/2014
7/08/2015
Submitted
7/25/2014
11/13/2015
B. Are there other versions of these
rules?
C. What is the purpose of the submitted
rule and rule revision?
There are no previous versions of
Rule 410.9 in the SIP. We approved an
earlier version of Rule 1.1 into the SIP
on April 28, 2015 (80 FR 23449).
VOCs help produce ground-level
ozone, smog and PM, which harm
human health and the environment.
Section 110(a) of the CAA requires
States to submit regulations that control
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]]>Agencies
[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Rules and Regulations]
[Pages 39208-39211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14181]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2015-0838; FRL-9947-76-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia Infrastructure Requirements for the 2012 Fine Particulate
Matter National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Virginia (Virginia) pursuant to the Clean Air Act (CAA). Whenever new
or revised national ambient air quality standards (NAAQS) are
promulgated, the CAA requires states to submit a plan to address basic
program elements, including but not limited to regulatory structure,
monitoring, modeling, legal authority, and adequate resources necessary
to assure implementation, maintenance, and enforcement of the NAAQS.
These elements are referred to as infrastructure requirements. The
Commonwealth of Virginia made a submittal addressing the infrastructure
requirements for the 2012 fine particulate matter (PM2.5)
NAAQS.
DATES: This final rule is effective on July 18, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2015-0838. 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 through www.regulations.gov or may be viewed 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
Virginia Department of Environmental Quality, 629 East Main Street,
Richmond, Virginia 23219.
[[Page 39209]]
FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, (215) 814-5787, or by
email at schmitt.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 18, 1997, the EPA promulgated a new 24-hour and a new
annual NAAQS for PM2.5 (62 FR 38652). Subsequently, on
December 14, 2012, the EPA revised the level of the health based
(primary) annual PM2.5 standard to 12 micrograms per cubic
meter ([micro]g/m\3\). See 78 FR 3086 (January 15, 2013).\1\
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\1\ In EPA's 2012 PM2.5 NAAQS revision, EPA left
unchanged the existing welfare (secondary) standards for
PM2.5 to address PM related effects such as visibility
impairment, ecological effects, damage to materials and climate
impacts. This includes an annual secondary standard of 15 [mu]g/m\3\
and a 24-hour standard of 35 [mu]g/m\3\.
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Pursuant to section 110(a)(1) of the CAA, states are required to
submit SIPs meeting the applicable requirements of section 110(a)(2)
within three years after promulgation of a new or revised NAAQS or
within such shorter period as EPA may prescribe. Section 110(a)(2)
requires states to address basic SIP elements such as requirements for
monitoring, basic program requirements, and legal authority that are
designed to assure attainment and maintenance of the NAAQS. Section
110(a) imposes the obligation upon states to make a SIP submission to
EPA for a new or revised NAAQS, but the contents of that submission may
vary depending upon the facts and circumstances. In particular, the
data and analytical tools available at the time the state develops and
submits the SIP for a new or revised NAAQS affect the content of the
submission. The content of such SIP submission may also vary depending
upon what provisions the state's existing SIP already contains.
II. Summary of SIP Revision
On July 16, 2015, the Commonwealth of Virginia, through the
Virginia Department of Environmental Quality (VADEQ), submitted a SIP
revision that addresses the infrastructure elements specified in
section 110(a)(2) of the CAA necessary to implement, maintain, and
enforce the 2012 PM2.5 NAAQS.\2\ On March 7, 2016 (81 FR
11711), EPA published a notice of proposed rulemaking (NPR) proposing
approval of the Virginia July 16, 2015 submittal. In the NPR, EPA
proposed approval of the following infrastructure elements: Section
110(a)(2)(A), (B), (C), (D)(i)(II) (prevention of significant
deterioration), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
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\2\ To clarify, the ``2013 PM2.5 NAAQS'' referred to
in the Virginia SIP submittal is the same as the ``2012
PM2.5 NAAQS'' EPA refers to in this rulemaking action.
The final rule for this NAAQS was signed by the EPA Administrator on
December 14, 2012, thereby it has been called the ``2012
PM2.5 NAAQS.'' However, the final rule was published in
the Federal Register on January 15, 2013, with an effective date of
March 13, 2013, resulting in it also being referred to as the ``2013
PM2.5 NAAQS.''
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At this time, EPA is not taking action on section
110(a)(2)(D)(i)(I) of the CAA relating to interstate transport of
emissions because Virginia's July 16, 2016 infrastructure SIP submittal
did not include provisions for this element; therefore EPA will take
later, separate action on section 110(a)(2)(D)(i)(I) for the 2012
PM2.5 NAAQS for Virginia as explained in the NPR.
Additionally, EPA is not at this time taking action on section
110(a)(2)(D)(i)(II) for visibility protection for the 2012
PM2.5 NAAQS as explained in the NPR. Although Virginia's
infrastructure SIP submittal for the 2012 PM2.5 NAAQS
referred to Virginia's regional haze SIP for section
110(a)(2)(D)(i)(II) for visibility protection, EPA intends to take
later, separate action on Virginia's submittal for these elements as
explained in the NPR and the Technical Support Document (TSD) which
accompanied the NPR. Finally, Virginia did not submit section
110(a)(2)(I) which pertains to the nonattainment requirements of part
D, Title I of the CAA, because this element is not required to be
submitted by the 3-year submission deadline of section 110(a)(1) and
will be addressed in a separate process if necessary.
The rationale supporting EPA's proposed rulemaking action,
including the scope of infrastructure SIPs in general, is explained in
the published NPR and the TSD accompanying the NPR and will not be
restated here. The NPR and TSD are available in the docket for this
rulemaking at www.regulations.gov, Docket ID Number EPA-R03-OAR-2015-
0838. No public comments were received on the NPR.
III. Final Action
EPA is approving, as a revision to the Virginia SIP, the following
elements of Virginia's July 16, 2015 SIP revision for the 2012
PM2.5 NAAQS: Section 110(a)(2)(A), (B), (C), (D)(i)(II)
(prevention of significant deterioration), (D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M). Virginia's SIP revision provides the basic
program elements specified in section 110(a)(2) necessary to implement,
maintain, and enforce the 2012 PM2.5 NAAQS. This final
rulemaking action does not include action on sections
110(a)(2)(D)(i)(I) (interstate transport of emissions), and (D)(i)(II)
(visibility protection) for the 2012 PM2.5 NAAQS as
previously discussed. Additionally, EPA is not taking action on section
110(a)(2)(I) which pertains to the nonattainment planning requirements
of part D, title I of the CAA, because this element is not required to
be submitted by the 3-year submission deadline of section 110(a)(1) of
the CAA, and will be addressed in a separate process if necessary.
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
[[Page 39210]]
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.
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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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
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).
The SIP is not approved to apply on any Indian reservation land as
defined in 18 U.S.C. 1151 or in any other area where EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
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 August 15, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, which satisfies certain infrastructure
requirements of section 110(a)(2) of the CAA for the 2012
PM2.5 NAAQS for the Commonwealth of Virginia, may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, Reporting and recordkeeping
requirements.
Dated: May 27, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart VV--Virginia
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2. In Sec. 52.2420, the table in paragraph (e) is amended by adding,
to the end of the table, an entry for ``Section 110(a)(2)
Infrastructure Requirements for the 2012 Particulate Matter NAAQS.''
The added text reads as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(e) * * *
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Name of non-regulatory SIP Applicable State
revision geographic area submittal date EPA approval date Additional explanation
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* * * * * * *
Section 110(a)(2) Statewide........... 7/16/15 6/16/16, [Insert Docket #2015-0838.
Infrastructure Requirements Federal Register This action addresses
for the 2012 Particulate citation]. the following CAA
Matter NAAQS. elements, or portions
thereof:
110(a)(2)(A), (B),
(C), (D)(i)(II)(PSD),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L), and (M).
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[FR Doc. 2016-14181 Filed 6-15-16; 8:45 am]
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