Approval and Promulgation of Air Quality Implementation Plans; Virginia; Amendment to Ambient Air Quality Standard for Ozone, 47985-47988 [2017-22243]
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Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 15, 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. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Dated: September 28, 2017.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
47985
Subpart K—Florida
2. Section 52.520(e) is amended by
adding a new entry for ‘‘110(a)(1) and
(2) Infrastructure Requirements for the
2010 1-hour NO2 NAAQS’’ at the end of
the table to read as follows:
■
§ 52.520
*
40 CFR part 52 is amended as follows:
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
State effective
date
Provision
EPA approval
date
*
2/3/2017
*
10/16/2017
*
*
110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 NAAQS.
[FR Doc. 2017–22229 Filed 10–13–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2016–0592; FRL–9969–40–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Amendment to Ambient Air Quality
Standard for Ozone
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a revision to the
Commonwealth of Virginia state
implementation plan (SIP). This
revision consists of an amendment to
Virginia’s SIP to incorporate by
reference, the most recent federal
ambient air quality standard for ozone.
EPA is approving this revision in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This rule is effective on
December 15, 2017 without further
notice, unless EPA receives adverse
written comment by November 15,
2017. If EPA receives such comments, it
will publish a timely withdrawal of the
direct final rule in the Federal Register
jstallworth on DSKBBY8HB2PROD with RULES
SUMMARY:
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Federal Register
notice
*
[Insert citation of
publication].
and inform the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2016–0592 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
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.
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Explanation
*
*
Addressing Prongs 1 and 2 of section
110(a)(2)(D)(i) only.
FOR FURTHER INFORMATION CONTACT:
Gavin Huang, (215) 814–2042, or by
email at huang.gavin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 26, 2015 (80 FR 65292),
EPA revised the primary and secondary
national ambient air quality standards
(NAAQS) for ozone to 0.070 parts per
million (ppm). The primary and
secondary ambient air quality standards
are met at an ambient air quality
monitoring site when the 3-year average
of the annual fourth-highest daily
maximum 8-hour average ozone
concentration is less than or equal to
0.070 ppm.
On July 25, 2016, the Commonwealth
of Virginia through the Virginia
Department of Environmental Quality
(VADEQ) submitted a formal revision to
its SIP. The SIP revision seeks to
incorporate the 2015 ozone NAAQS
promulgated by EPA into the Virginia
SIP.
II. Summary of SIP Revision and EPA
Analysis
In the July 25, 2016 SIP submission,
Virginia seeks to add regulation 9VAC5–
30–57 ‘‘Ozone (8-hour 0.070 ppm)’’ to
the Virginia SIP. Regulation 9VAC5–30–
57 incorporates by reference the 2015
ozone NAAQS as promulgated by EPA
and is consistent with the NAAQS set
out in 40 CFR part 50. See 80 FR 65292
(October 26, 2015).
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Virginia’s submittal seeks to
incorporate the revised 2015 ozone
NAAQS, as promulgated by EPA, into
the approved Virginia SIP. Therefore,
EPA finds the SIP submittal approvable
pursuant to section 110 of the CAA.
jstallworth on DSKBBY8HB2PROD with RULES
III. Final Action
EPA is approving the July 25, 2016
Virginia SIP revision submittal which
seeks to add regulation 9VAC5–30–57
‘‘Ozone (8-hour 0.070 ppm)’’ to the
Virginia SIP pursuant to section 110 of
the CAA. Regulation 9VAC5–30–57 sets
the level of the 8-hour ozone standard
at 0.070 ppm, consistent with EPA’s
2015 ozone NAAQS. 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 this 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 December 15, 2017 without
further notice unless EPA receives
adverse comment by November 15,
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.
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
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product of a voluntary environmental
assessment. The Privilege Law does not
extend to documents or information
that: (1) Are generated or developed
before the commencement of a
voluntary environmental assessment; (2)
are prepared independently of the
assessment process; (3) demonstrate a
clear, imminent and substantial danger
to the public health or environment; or
(4) are required by law.
On January 12, 1998, the
Commonwealth of Virginia Office of the
Attorney General provided a legal
opinion that states that the Privilege
Law, Va. Code Sec. 10.1–1198,
precludes granting a privilege to
documents and information ‘‘required
by law,’’ including documents and
information ‘‘required by federal law to
maintain program delegation,
authorization or approval,’’ since
Virginia must ‘‘enforce federally
authorized environmental programs in a
manner that is no less stringent than
their federal counterparts. . . .’’ The
opinion concludes that ‘‘[r]egarding
§ 10.1–1198, therefore, documents or
other information needed for civil or
criminal enforcement under one of these
programs could not be privileged
because such documents and
information are essential to pursuing
enforcement in a manner required by
federal law to maintain program
delegation, authorization or approval.’’
Virginia’s Immunity law, Va. Code Sec.
10.1–1199, provides that ‘‘[t]o the extent
consistent with requirements imposed
by federal law,’’ any person making a
voluntary disclosure of information to a
state agency regarding a violation of an
environmental statute, regulation,
permit, or administrative order is
granted immunity from administrative
or civil penalty. The Attorney General’s
January 12, 1998 opinion states that the
quoted language renders this statute
inapplicable to enforcement of any
federally authorized programs, since
‘‘no immunity could be afforded from
administrative, civil, or criminal
penalties because granting such
immunity would not be consistent with
federal law, which is one of the criteria
for immunity.’’
Therefore, EPA has determined that
Virginia’s Privilege and Immunity
statutes will not preclude the
Commonwealth from enforcing its
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
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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 Virginia 9VAC5–30–57
described in the amendment to 40 CFR
part 52 set forth below. 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).
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.1
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
1 62
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FR 27968 (May 22, 1997).
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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 December 15, 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 this 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 adding regulation 9VAC5–
30–57 ‘‘Ozone (8-hour 0.070 ppm)’’ to
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, Ozone.
Dated: September 22, 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 adding an entry for
Section 5–30–57 in numerical order to
read 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 30
*
5–30–57 ..................
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10/16/2017, [Insert Federal Register Citation].
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Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations
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[FR Doc. 2017–22243 Filed 10–13–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2017–0437; FRL–9969–32–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Adoption of Control
Techniques Guidelines for Control of
Volatile Organic Compound Emissions
from Miscellaneous Metal Parts
Surface Coating, Miscellaneous Plastic
Parts Surface Coating, and Pleasure
Craft Surface Coatings
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a revision to the
Commonwealth of Pennsylvania’s state
implementation plan (SIP). The revision
includes amendments to the
Pennsylvania Department of
Environmental Protection’s (PADEP)
regulations and addresses the
requirement to adopt reasonably
available control technology (RACT) for
sources covered by EPA’s control
techniques guidelines (CTG) standards
for the following categories:
Miscellaneous metal parts surface
coating, miscellaneous plastic parts
surface coating, and pleasure craft
surface coatings, as well as related
cleaning activities. The SIP revision also
amends regulations for graphic arts
systems and mobile equipment repair
and refinishing as well as making
general administrative changes. This
action is being taken under the Clean
Air Act (CAA).
DATES: This rule is effective on
December 15, 2017 without further
notice, unless EPA receives adverse
written comment by November 15,
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–2017–0437 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
jstallworth on DSKBBY8HB2PROD with RULES
SUMMARY:
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Regulations.gov. For either manner of
submission, 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, 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:
Gregory A. Becoat, (215) 814–2036, or
by email at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION: On
November 18, 2016, PADEP submitted a
revision to the Pennsylvania SIP
concerning the adoption of EPA’s CTG
for miscellaneous metal parts surface
coating processes, miscellaneous plastic
parts surface coating processes, and
pleasure craft surface coatings.
Specifically, PADEP has amended 25
Pennsylvania Code (Pa. Code) Chapter
129 (relating to standards for sources) to
address RACT and further reduce
volatile organic compounds (VOC)
emissions in Pennsylvania. In
accordance with sections 172(c)(1),
182(b)(2)(A) and 184(b)(1)(B) of the
CAA, Pennsylvania’s SIP revision
submittal establishes VOC emission
limitations and other requirements
consistent with the recommendations of
EPA’s 2008 Control Techniques
Guidelines for Miscellaneous Metal and
Plastic Parts Coatings (MMPP)
(Publication No. EPA 453/R–08–003;
September 2008) and Control
Techniques Guidelines for Automobile
and Light-Duty Truck Assembly
Coatings for these sources in the
Commonwealth of Pennsylvania
(Publication No. EPA 453/R–08–006).
I. Background
Ground level ozone is formed in the
atmosphere by photochemical reactions
between VOCs, nitrogen oxides (NOX),
and carbon monoxide (CO) in the
presence of sunlight. In order to reduce
ozone concentrations in the ambient air,
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the CAA requires all nonattainment
areas to apply controls on VOC and NOX
emission sources to achieve emission
reductions. Among effective control
measures, RACT controls significantly
reduce VOC and NOX emissions from
major stationary sources. 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.
RACT is defined as the lowest
emission limitation that a particular
source is capable of meeting by the
application of control technology that is
reasonably available considering
technological and economic feasibility
(44 FR 53761 at 53762, September 17,
1979). Section 182 of the CAA sets forth
two separate RACT requirements for
ozone nonattainment areas. The first
requirement, contained in section
182(a)(2)(A) of the CAA, and referred to
as RACT fix-up requires the correction
of RACT rules for which EPA identified
deficiencies before the CAA was
amended in 1990. Pennsylvania
previously corrected its deficiencies
under the 1-hour ozone standard and
has no further deficiencies to correct
under this section of the CAA. The
second requirement, set forth in section
182(b)(2) of the CAA, applies to
moderate (or worse) ozone
nonattainment area as well as to
marginal and attainment areas in ozone
transport regions (OTRs) established
pursuant to section 184 of the CAA, and
requires these areas to implement RACT
controls on all major VOC and NOX
emission sources and on all sources and
source categories covered by a CTG
issued by EPA.1 See CAA section
182(b)(2) and 184(b).
1 CTGs are documents issued by EPA intended to
provide state and local air pollution control
authorities information to assist them in
determining RACT for VOC from various sources.
The recommendations in the CTG are based upon
available data and information and may not apply
to a particular situation based upon the
circumstances. States can follow the CTG and adopt
state regulations to implement the
recommendations contained therein, or they can
adopt alternative approaches. In either case, states
must submit their RACT rules to EPA for review
and approval as part of the SIP process. Pursuant
to section 184(b)(1)(B) of the CAA, all areas in the
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]]>Agencies
[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Rules and Regulations]
[Pages 47985-47988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22243]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2016-0592; FRL-9969-40-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Amendment to Ambient Air Quality Standard for Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a revision to the Commonwealth of Virginia
state implementation plan (SIP). This revision consists of an amendment
to Virginia's SIP to incorporate by reference, the most recent federal
ambient air quality standard for ozone. EPA is approving this revision
in accordance with the requirements of the Clean Air Act (CAA).
DATES: This rule is effective on December 15, 2017 without further
notice, unless EPA receives adverse written comment by November 15,
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-2016-0592 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 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: Gavin Huang, (215) 814-2042, or by
email at huang.gavin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 26, 2015 (80 FR 65292), EPA revised the primary and
secondary national ambient air quality standards (NAAQS) for ozone to
0.070 parts per million (ppm). The primary and secondary ambient air
quality standards are met at an ambient air quality monitoring site
when the 3-year average of the annual fourth-highest daily maximum 8-
hour average ozone concentration is less than or equal to 0.070 ppm.
On July 25, 2016, the Commonwealth of Virginia through the Virginia
Department of Environmental Quality (VADEQ) submitted a formal revision
to its SIP. The SIP revision seeks to incorporate the 2015 ozone NAAQS
promulgated by EPA into the Virginia SIP.
II. Summary of SIP Revision and EPA Analysis
In the July 25, 2016 SIP submission, Virginia seeks to add
regulation 9VAC5-30-57 ``Ozone (8-hour 0.070 ppm)'' to the Virginia
SIP. Regulation 9VAC5-30-57 incorporates by reference the 2015 ozone
NAAQS as promulgated by EPA and is consistent with the NAAQS set out in
40 CFR part 50. See 80 FR 65292 (October 26, 2015).
[[Page 47986]]
Virginia's submittal seeks to incorporate the revised 2015 ozone
NAAQS, as promulgated by EPA, into the approved Virginia SIP.
Therefore, EPA finds the SIP submittal approvable pursuant to section
110 of the CAA.
III. Final Action
EPA is approving the July 25, 2016 Virginia SIP revision submittal
which seeks to add regulation 9VAC5-30-57 ``Ozone (8-hour 0.070 ppm)''
to the Virginia SIP pursuant to section 110 of the CAA. Regulation
9VAC5-30-57 sets the level of the 8-hour ozone standard at 0.070 ppm,
consistent with EPA's 2015 ozone NAAQS. 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 this 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
December 15, 2017 without further notice unless EPA receives adverse
comment by November 15, 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.
IV. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information that: (1) Are generated or developed
before the commencement of a voluntary environmental assessment; (2)
are prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) are required by law.
On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege Law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
federally authorized environmental programs in a manner that is no less
stringent than their federal counterparts. . . .'' The opinion
concludes that ``[r]egarding Sec. 10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by federal law to maintain program delegation, authorization or
approval.'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides
that ``[t]o the extent consistent with requirements imposed by federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
federal law, which is one of the criteria for immunity.''
Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
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 Virginia
9VAC5-30-57 described in the amendment to 40 CFR part 52 set forth
below. 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). 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.\1\
---------------------------------------------------------------------------
\1\ 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
[[Page 47987]]
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 December 15, 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 this 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 adding regulation 9VAC5-30-57 ``Ozone (8-hour 0.070
ppm)'' to 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, Ozone.
Dated: September 22, 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 adding an
entry for Section 5-30-57 in numerical order to read as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State Explanation [former
State citation Title/subject effective date EPA approval date SIP citation]
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
9 VAC 5, Chapter 30 Ambient Air Quality Standards [Part III]
----------------------------------------------------------------------------------------------------------------
* * * * * * *
5-30-57....................... Ozone (8-hour, 0.070 06/01/2016 10/16/2017, [Insert ....................
ppm). Federal Register
Citation].
* * * * * * *
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[[Page 47988]]
* * * * *
[FR Doc. 2017-22243 Filed 10-13-17; 8:45 am]
BILLING CODE 6560-50-P
