Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revisions To Implement the Revocation of the 1997 Ozone NAAQS, 39031-39035 [2017-17235]
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Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations
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 Clean Air Act;
and
• Does not provide the 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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the 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).
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. The 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).
Under Section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 16, 2017.
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
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39031
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See CAA
Section 307(b)(2)).
ENVIRONMENTAL PROTECTION
AGENCY
List of Subjects in 40 CFR Part 52
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Revisions To Implement the
Revocation of the 1997 Ozone NAAQS
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations,
Greenhouse gases, Lead, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 28, 2017.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended to read 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 G—Colorado
2. In 52.353, add paragraph (d) to read
as follows:
■
§ 52.353 Section 110(a)(2) infrastructure
requirements.
*
*
*
*
*
(d) The Colorado Department of
Public Health and Environment
provided submissions to meet
infrastructure requirements for the State
of Colorado for the 2010 SO2 and 2012
PM2.5 NAAQS were received on July 10,
2013 and December 1, 2015,
respectively. The State’s Infrastructure
SIP for the 2010 SO2 and 2012 PM2.5
NAAQS is approved with respect to
section (110)(a)(1) and the following
elements of section (110)(a)(2): (A), (B),
(C) with respect to minor NSR and PSD
requirements, (D)(i)(II), (D)(ii), (E), (F),
(G), (H), (J), (K), (L), and (M).
[FR Doc. 2017–17232 Filed 8–16–17; 8:45 am]
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40 CFR Part 52
[EPA–R03–OAR–2017–0382; FRL–9966–31–
Region 3]
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the
Commonwealth of Virginia state
implementation plan (SIP). The
revisions pertain to amendments made
to the Virginia Administrative Code.
These amendments updated the State
Air Pollution Control Board’s
Regulations for the Control and
Abatement of Air Pollution to be
consistent with EPA’s final rule
implementing the 2008 ozone national
ambient air quality standards (NAAQS)
and revoking the 1997 ozone NAAQS.
See 80 FR 12264 (March 6, 2015). The
amendments revised a regulation listing
nonattainment areas under the 1997
ozone NAAQS and a regulation
regarding the 1997 ozone standard to
reflect the revocation of the 1997 ozone
NAAQS, which was effective April 6,
2015. The amendments also added
clarifying text to two transportation and
general conformity regulations in order
to reflect the revocation of the 1997
ozone NAAQS. EPA is approving these
revisions updating the Virginia
Administrative Code to reflect the
revocation of the 1997 ozone NAAQS in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This rule is effective on October
16, 2017 without further notice, unless
EPA receives adverse written comment
by September 18, 2017. If EPA receives
such comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2017–0382 at https://
www.regulations.gov, or via email to
stahl.cynthia@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, EPA may publish any
comment received to its public docket.
Do not submit electronically any
SUMMARY:
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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. 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 FURTHER
INFORMATION CONTACT 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: Sara
Calcinore, (215) 814–2043, or by e-mail
at calcinore.sara@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
Ground level ozone is formed when
nitrogen oxides (NOX) and volatile
organic compounds (VOC) react in the
presence of sunlight. NOX and VOC are
referred to as ozone precursors and are
emitted by many types of pollution
sources, including motor vehicles,
power plants, industrial facilities, and
area wide sources, such as consumer
products and lawn and garden
equipment. Scientific evidence
indicates that adverse public health
effects occur following exposure to
ozone. These effects are more
pronounced in children and adults with
lung disease. Breathing air containing
ozone can reduce lung function and
inflame airways, which can increase
respiratory symptoms and aggravate
asthma or other lung diseases. In
response to this scientific evidence, EPA
promulgated in 1979 the first ozone
NAAQS, the 0.12 part per million (ppm)
1-hour ozone NAAQS. See 44 FR 8202
(February 8, 1979).
EPA is required to review and
reevaluate the ozone NAAQS every 5
years in order to consider updated
information regarding the effects of
ozone on human health and the
environment. Since February 8, 1979,
the date of the first ozone NAAQS
promulgation, EPA has reviewed and
revised the ozone standard to protect
the public health and welfare. On July
18, 1997, EPA promulgated a revised
ozone NAAQS, referred to as the 1997
ozone NAAQS, of 0.08 ppm averaged
over eight hours. 62 FR 38855. This 8-
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hour ozone NAAQS was determined to
be more protective of public health than
the previous 1979 1-hour ozone
NAAQS. In 2008, EPA revised the 8hour ozone NAAQS from 0.08 to 0.075
ppm. The 0.075 ppm standard is
referred to as the 2008 ozone NAAQS.
See 73 FR 16436 (March 27, 2008).1
On March 6, 2015, EPA established a
final rule addressing a range of
nonattainment area SIP requirements for
the 2008 ozone NAAQS. 80 FR 12264.
This final rule also revoked the 1997
ozone NAAQS as of April 6, 2015 and
established anti-backsliding
requirements that became effective once
the 1997 ozone NAAQS was revoked.
The anti-backsliding provisions in 40
CFR 51.1105 require States to retain all
applicable control requirements for the
1997 ozone NAAQS, while enabling
areas, where possible, to focus planning
efforts on meeting the more protective
2008 ozone NAAQS.
On February 10, 2017, the
Commonwealth of Virginia Department
of Environmental Quality (DEQ)
submitted a formal SIP revision
(Revision G16). The SIP revision
consists of amendments made to the
Virginia Administrative Code to reflect
the revocation of the 1997 ozone
NAAQS according to the final rule
established by EPA on March 6, 2015
implementing the 2008 ozone NAAQS.
II. Summary of SIP Revision and EPA
Analysis
The February 10, 2017 SIP revision
submittal includes amended versions of
provisions in the State Air Pollution
Control Board’s Regulation for the
Control and Abatement of Air Pollution
including 9VAC5–20–204, 9VAC5–30–
55, 9VAC5–151–20, and 9VAC5–160–
30, which were adopted by the State Air
Pollution Control Board on September
9, 2016 and effective November 16,
2016. Virginia requests that EPA
approve this submittal so that these
amended regulations become part of the
Virginia SIP.
The amendment to 9VAC5–20–204
added text to the section stating that the
list of Northern Virginia moderate
nonattainment areas under the 1997
ozone NAAQS is no longer effective
after April 6, 2015, the effective date of
the revocation of the 1997 ozone
NAAQS. See 80 FR 12264 (March 6,
2015). The amendment to 9VAC5–30–55
added text to the section stating that the
primary and secondary ambient air
quality standard of 0.08 ppm shall no
1 On October 1, 2015, EPA strengthened the
ground-level ozone NAAQS to 0.070 ppm. See 80
FR 65292 (October 26, 2015). This rulemaking
addresses the 2008 ozone NAAQS and does not
address the 2015 ozone NAAQS.
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longer apply after April 6, 2015.
Virginia also amended the Regulation
for Transportation Conformity and the
Regulation for General Conformity by
adding clarifying text to 9VAC5–151–20
and 9VAC5–160–30 stating that ‘‘The
provisions of this chapter shall not
apply in nonattainment and
maintenance areas that were designated
nonattainment or maintenance under a
federal standard that has been revoked.’’
These revisions to the Virginia
Administrative Code reflect EPA’s
revocation of the 1997 ozone NAAQS.
EPA’s review of this material
indicates the February 10, 2017
submittal is approvable as it revises
regulations to be consistent with EPA’s
final rule implementing the 2008 ozone
NAAQS. See 80 FR 12264 (March 6,
2015). The revisions update regulations
to reflect the revocation of the 1997
NAAQS, which was effective April 6,
2015. Therefore, the revisions do not
affect emissions of air pollutants or
interfere with any applicable
requirement concerning attainment of
reasonable further progress or any other
applicable requirements in the CAA.
Thus, EPA finds the revision approvable
in accordance with section 110,
including section 110(l), of the CAA.
III. Final Action
EPA is approving the Virginia SIP
revision submitted on February 10,
2017, which includes revisions to
several sections of the Virginia
Administrative Code, including 9VAC5–
20–204, 9VAC5–30–55, 9VAC5–151–20,
and 9VAC5–160–30 which will be
incorporated by reference into the
Virginia SIP. EPA is publishing this rule
without prior proposal because EPA
views this as a noncontroversial
amendment and anticipates no adverse
comment. However, in the ‘‘Proposed
Rules’’ section of today’s Federal
Register, EPA is publishing a separate
document that will serve as the proposal
to approve the SIP revision if adverse
comments are filed. This rule will be
effective on October 16, 2017 without
further notice unless EPA receives
adverse comment by September 18,
2017. If EPA receives adverse comment,
EPA will publish a timely withdrawal in
the Federal Register informing the
public that the rule will not take effect.
EPA will address all public comments
in a subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time. Please note that
if EPA receives adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
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EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
V. 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 § 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.
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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. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the revisions to 9VAC5–
20–204, 9VAC5–30–55, 9VAC5–151–20,
and 9VAC5–160–30 of the State Air
Pollution Control Board’s Regulation for
the Control and Abatement of Air
Pollution discussed in Section II of this
preamble. Therefore, these materials
have been approved by EPA for
inclusion in the SIP, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference by the
Director of the Federal Register in the
next update of the SIP compilation.2
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
2 62
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39033
and/or at the EPA Region III Office
(please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section of this preamble for more
information).
VI. 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
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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 October 16, 2017. 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking action.
This action to approve revised
provisions of the Virginia
Administrative Code including 9VAC5–
20–204, 9VAC5–30–55, 9VAC5–151–20,
and 9VAC5–160–30 for inclusion in the
Virginia SIP 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: August 3, 2017.
Cecil Rodrigues,
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
(c) is amended by revising the entries
for Sections 5–20–204, 5–30–55, 5–151–
20, and 5–160–30. The revised text
reads as follows:
■
§ 52.2420
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES
State citation
*
State effective
date
Title/subject
*
*
*
9 VAC 5, Chapter 20
*
*
*
*
5–20–204 .......
*
*
Nonattainment Areas .......
*
*
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Ozone (8-hour, 0.08 ppm)
*
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*
*
*
8/17/17, [Insert Federal
Register Citation].
*
*
*
Addition of Subdivision C.
Previous approval 8/14/15.
*
*
*
*
Ambient Air Quality Standards [Part III]
*
8/17/17, [Insert Federal
Register Citation].
*
9 VAC 5, Chapter 151
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*
General Provisions
*
*
*
Air Quality Programs
*
11/16/16
9 VAC 5, Chapter 30
*
5–30–55 .........
*
*
Part II
Explanation
[former SIP citation]
EPA approval date
*
*
*
Subdivision D. is revised to read that the 1997 8hour ozone NAAQS no longer apply after April 6,
2015.
Previous approval 6/11/13.
*
*
Transportation Conformity
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EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued
State citation
State effective
date
Title/subject
*
*
*
*
Part II
*
5–151–20 .......
*
Applicability ......................
*
*
*
*
11/16/16
*
*
8/17/17, [Insert Federal
Register Citation].
*
*
*
Applicability ......................
*
*
*
*
*
*
*
*
*
[FR Doc. 2017–17235 Filed 8–16–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0174; FRL–9966–29–
Region 4]
Air Plan Approval: Alabama;
Transportation Conformity
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a portion of
a revision to the Alabama State
Implementation plan (SIP) submitted by
the State of Alabama on May 8, 2013, for
the purpose of amending the
transportation conformity rules to be
consistent with Federal requirements.
DATES: This direct final rule is effective
October 16, 2017 without further notice,
unless EPA receives adverse comment
by September 18, 2017. If EPA receives
such comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2017–0174 at https://
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:53 Aug 16, 2017
Jkt 241001
11/16/16
*
*
*
*
General Conformity
*
General Provisions
*
8/17/17, [Insert Federal
Register Citation].
*
*
*
*
Subdivision A. is amended to address revoked federal standards.
Previous approval 12/12/11.
*
FOR FURTHER INFORMATION CONTACT:
Kelly Sheckler, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9222.
Ms. Sheckler can also be reached via
Frm 00027
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*
*
Subdivision B. is amended to address revoked federal standards.
Previous approval 11/20/09.
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
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. 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, 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.
PO 00000
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Part II
*
5–160–30 .......
*
General Provisions
9 VAC 5, Chapter 160
*
Explanation
[former SIP citation]
EPA approval date
Fmt 4700
Sfmt 4700
*
*
electronic mail at sheckler.kelly@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
A. Call to States for Conformity SIP
Revisions
In the Clean Air Act (CAA or Act),
Congress recognized that actions taken
by federal agencies could affect a State,
Tribal, or local agency’s ability to attain
and maintain the national ambient air
quality standards (NAAQS). Congress
added section 176(c) (42 U.S.C. 7506) to
the CAA to ensure federal agencies’
proposed actions conform to the
applicable SIP, Tribal Implementation
Plan (TIP) or Federal Implementation
Plan (FIP) for attaining and maintaining
the NAAQS. That section requires
federal entities to find that the
emissions from the federal action will
conform with the purposes of the SIP,
TIP or FIP or not otherwise interfere
with the State’s or Tribe’s ability to
attain and maintain the NAAQS.
The CAA Amendments of 1990
clarified and strengthened the
provisions in section 176(c). Because
certain provisions of section 176(c)
apply only to highway and mass transit
funding and approvals actions, EPA
published two sets of regulations to
implement section 176(c). The
Transportation Conformity Regulations,
(40 CFR part 51, subpart T, and 40 CFR
part 93, subpart A) first published on
November 24, 1993 (58 FR 62188),
E:\FR\FM\17AUR1.SGM
17AUR1
]]>Agencies
[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Rules and Regulations]
[Pages 39031-39035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17235]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2017-0382; FRL-9966-31-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Revisions To Implement the Revocation of the 1997 Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Commonwealth of Virginia state
implementation plan (SIP). The revisions pertain to amendments made to
the Virginia Administrative Code. These amendments updated the State
Air Pollution Control Board's Regulations for the Control and Abatement
of Air Pollution to be consistent with EPA's final rule implementing
the 2008 ozone national ambient air quality standards (NAAQS) and
revoking the 1997 ozone NAAQS. See 80 FR 12264 (March 6, 2015). The
amendments revised a regulation listing nonattainment areas under the
1997 ozone NAAQS and a regulation regarding the 1997 ozone standard to
reflect the revocation of the 1997 ozone NAAQS, which was effective
April 6, 2015. The amendments also added clarifying text to two
transportation and general conformity regulations in order to reflect
the revocation of the 1997 ozone NAAQS. EPA is approving these
revisions updating the Virginia Administrative Code to reflect the
revocation of the 1997 ozone NAAQS in accordance with the requirements
of the Clean Air Act (CAA).
DATES: This rule is effective on October 16, 2017 without further
notice, unless EPA receives adverse written comment by September 18,
2017. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0382 at https://www.regulations.gov, or via email to
stahl.cynthia@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, EPA may publish any comment received to its
public docket. Do not submit electronically any
[[Page 39032]]
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. 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 FURTHER INFORMATION CONTACT 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: Sara Calcinore, (215) 814-2043, or by
e-mail at calcinore.sara@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Ground level ozone is formed when nitrogen oxides (NOX)
and volatile organic compounds (VOC) react in the presence of sunlight.
NOX and VOC are referred to as ozone precursors and are
emitted by many types of pollution sources, including motor vehicles,
power plants, industrial facilities, and area wide sources, such as
consumer products and lawn and garden equipment. Scientific evidence
indicates that adverse public health effects occur following exposure
to ozone. These effects are more pronounced in children and adults with
lung disease. Breathing air containing ozone can reduce lung function
and inflame airways, which can increase respiratory symptoms and
aggravate asthma or other lung diseases. In response to this scientific
evidence, EPA promulgated in 1979 the first ozone NAAQS, the 0.12 part
per million (ppm) 1-hour ozone NAAQS. See 44 FR 8202 (February 8,
1979).
EPA is required to review and reevaluate the ozone NAAQS every 5
years in order to consider updated information regarding the effects of
ozone on human health and the environment. Since February 8, 1979, the
date of the first ozone NAAQS promulgation, EPA has reviewed and
revised the ozone standard to protect the public health and welfare. On
July 18, 1997, EPA promulgated a revised ozone NAAQS, referred to as
the 1997 ozone NAAQS, of 0.08 ppm averaged over eight hours. 62 FR
38855. This 8-hour ozone NAAQS was determined to be more protective of
public health than the previous 1979 1-hour ozone NAAQS. In 2008, EPA
revised the 8-hour ozone NAAQS from 0.08 to 0.075 ppm. The 0.075 ppm
standard is referred to as the 2008 ozone NAAQS. See 73 FR 16436 (March
27, 2008).\1\
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\1\ On October 1, 2015, EPA strengthened the ground-level ozone
NAAQS to 0.070 ppm. See 80 FR 65292 (October 26, 2015). This
rulemaking addresses the 2008 ozone NAAQS and does not address the
2015 ozone NAAQS.
---------------------------------------------------------------------------
On March 6, 2015, EPA established a final rule addressing a range
of nonattainment area SIP requirements for the 2008 ozone NAAQS. 80 FR
12264. This final rule also revoked the 1997 ozone NAAQS as of April 6,
2015 and established anti-backsliding requirements that became
effective once the 1997 ozone NAAQS was revoked. The anti-backsliding
provisions in 40 CFR 51.1105 require States to retain all applicable
control requirements for the 1997 ozone NAAQS, while enabling areas,
where possible, to focus planning efforts on meeting the more
protective 2008 ozone NAAQS.
On February 10, 2017, the Commonwealth of Virginia Department of
Environmental Quality (DEQ) submitted a formal SIP revision (Revision
G16). The SIP revision consists of amendments made to the Virginia
Administrative Code to reflect the revocation of the 1997 ozone NAAQS
according to the final rule established by EPA on March 6, 2015
implementing the 2008 ozone NAAQS.
II. Summary of SIP Revision and EPA Analysis
The February 10, 2017 SIP revision submittal includes amended
versions of provisions in the State Air Pollution Control Board's
Regulation for the Control and Abatement of Air Pollution including
9VAC5-20-204, 9VAC5-30-55, 9VAC5-151-20, and 9VAC5-160-30, which were
adopted by the State Air Pollution Control Board on September 9, 2016
and effective November 16, 2016. Virginia requests that EPA approve
this submittal so that these amended regulations become part of the
Virginia SIP.
The amendment to 9VAC5-20-204 added text to the section stating
that the list of Northern Virginia moderate nonattainment areas under
the 1997 ozone NAAQS is no longer effective after April 6, 2015, the
effective date of the revocation of the 1997 ozone NAAQS. See 80 FR
12264 (March 6, 2015). The amendment to 9VAC5-30-55 added text to the
section stating that the primary and secondary ambient air quality
standard of 0.08 ppm shall no longer apply after April 6, 2015.
Virginia also amended the Regulation for Transportation Conformity and
the Regulation for General Conformity by adding clarifying text to
9VAC5-151-20 and 9VAC5-160-30 stating that ``The provisions of this
chapter shall not apply in nonattainment and maintenance areas that
were designated nonattainment or maintenance under a federal standard
that has been revoked.'' These revisions to the Virginia Administrative
Code reflect EPA's revocation of the 1997 ozone NAAQS.
EPA's review of this material indicates the February 10, 2017
submittal is approvable as it revises regulations to be consistent with
EPA's final rule implementing the 2008 ozone NAAQS. See 80 FR 12264
(March 6, 2015). The revisions update regulations to reflect the
revocation of the 1997 NAAQS, which was effective April 6, 2015.
Therefore, the revisions do not affect emissions of air pollutants or
interfere with any applicable requirement concerning attainment of
reasonable further progress or any other applicable requirements in the
CAA. Thus, EPA finds the revision approvable in accordance with section
110, including section 110(l), of the CAA.
III. Final Action
EPA is approving the Virginia SIP revision submitted on February
10, 2017, which includes revisions to several sections of the Virginia
Administrative Code, including 9VAC5-20-204, 9VAC5-30-55, 9VAC5-151-20,
and 9VAC5-160-30 which will be incorporated by reference into the
Virginia SIP. EPA is publishing this rule without prior proposal
because EPA views this as a noncontroversial amendment and anticipates
no adverse comment. However, in the ``Proposed Rules'' section of
today's Federal Register, EPA is publishing a separate document that
will serve as the proposal to approve the SIP revision if adverse
comments are filed. This rule will be effective on October 16, 2017
without further notice unless EPA receives adverse comment by September
18, 2017. If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule,
[[Page 39033]]
EPA may adopt as final those provisions of the rule that are not the
subject of an adverse comment.
V. 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
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. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the revisions
to 9VAC5-20-204, 9VAC5-30-55, 9VAC5-151-20, and 9VAC5-160-30 of the
State Air Pollution Control Board's Regulation for the Control and
Abatement of Air Pollution discussed in Section II of this preamble.
Therefore, these materials have been approved by EPA for inclusion in
the SIP, have been incorporated by reference by EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of EPA's approval, and will
be incorporated by reference by the Director of the Federal Register in
the next update of the SIP compilation.\2\ EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and/or at the EPA Region III Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
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\2\ 62 FR 27968 (May 22, 1997).
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VI. 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
[[Page 39034]]
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 October 16, 2017. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking action.
This action to approve revised provisions of the Virginia
Administrative Code including 9VAC5-20-204, 9VAC5-30-55, 9VAC5-151-20,
and 9VAC5-160-30 for inclusion in the Virginia SIP 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: August 3, 2017.
Cecil Rodrigues,
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 (c) is amended by revising
the entries for Sections 5-20-204, 5-30-55, 5-151-20, and 5-160-30. The
revised text reads as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Virginia Regulations and Statutes
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State Explanation [former SIP
State citation Title/subject effective date EPA approval date citation]
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9 VAC 5, Chapter 20 General Provisions
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Part II Air Quality Programs
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* * * * * * *
5-20-204................ Nonattainment Areas.. 11/16/16 8/17/17, [Insert Addition of Subdivision
Federal Register C.
Citation]. Previous approval 8/14/
15.
* * * * * * *
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9 VAC 5, Chapter 30 Ambient Air Quality Standards [Part III]
----------------------------------------------------------------------------------------------------------------
* * * * * * *
5-30-55................. Ozone (8-hour, 0.08 11/16/16 8/17/17, [Insert Subdivision D. is revised
ppm). Federal Register to read that the 1997 8-
Citation]. hour ozone NAAQS no
longer apply after April
6, 2015.
Previous approval 6/11/
13.
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9 VAC 5, Chapter 151 Transportation Conformity
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[[Page 39035]]
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Part II General Provisions
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* * * * * * *
5-151-20................ Applicability........ 11/16/16 8/17/17, [Insert Subdivision B. is amended
Federal Register to address revoked
Citation]. federal standards.
Previous approval 11/20/
09.
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9 VAC 5, Chapter 160 General Conformity
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* * * * * * *
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Part II General Provisions
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* * * * * * *
5-160-30................ Applicability........ 11/16/16 8/17/17, [Insert Subdivision A. is amended
Federal Register to address revoked
Citation]. federal standards.
Previous approval 12/12/
11.
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[FR Doc. 2017-17235 Filed 8-16-17; 8:45 am]
BILLING CODE 6560-50-P
