Air Plan Approval; Virginia; Regional Haze Plan and Visibility for the 2010 Sulfur Dioxide and 2012 Fine Particulate Matter Standards, 42219-42223 [2018-17448]
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Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations
TABLE 3—EPA-APPROVED ARIZONA STATUTES—NON-REGULATORY—Continued
State citation
Title/subject
*
*
49–104 subsections (A)(3)
and (B)(1) only.
*
State submittal date
*
*
Powers and duties of the
department and director.
*
3. Section 52.121 is revised to read as
follows:
*
December 3, 2015 ............
*
■
EPA approval date
*
August 21, 2018, [INSERT
Federal Register CITATION].
*
§ 52.121
Explanation
*
*
Arizona Revised Statutes
(Thomson Reuters,
2015–16 Cumulative
Pocket Part). Adopted
by the Arizona Department of Environmental
Quality on December 3,
2015.
*
*
Classification of regions.
The Arizona plan is evaluated on the
basis of the following classifications:
Classifications
AQCR (constituent counties)
PM
Maricopa Intrastate (Maricopa) ................................................................
Pima Intrastate (Pima) .............................................................................
Northern Arizona Intrastate (Apache, Coconino, Navajo, Yavapai) ........
Mohave-Yuma Intrastate (Mohave, Yuma) ..............................................
Central Arizona Intrastate (Gila, Pinal) ....................................................
Southeast Arizona Intrastate (Cochise, Graham, Greenlee, Santa
Cruz) .....................................................................................................
4. Section 52.123 is amended by
revising paragraphs (l) through (p), and
adding paragraphs (q) and (r) to read as
follows:
■
§ 52.123
Approval status.
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*
*
*
*
*
(l) 1997 8-hour ozone NAAQS: The
SIPs submitted on October 14, 2009 and
August 24, 2012 are fully or partially
disapproved for Clean Air Act (CAA)
elements 110(a)(2)(C), (D)(ii), and (J) for
all portions of the Arizona SIP.
(m) 1997 PM2.5 NAAQS: The SIPs
submitted on October 14, 2009 and
August 24, 2012 are fully or partially
disapproved for Clean Air Act (CAA)
elements 110(a)(2)(C), (D)(ii), (J) and (K)
for all portions of the Arizona SIP.
(n) 2006 PM2.5 NAAQS: The SIPs
submitted on October 14, 2009 and
August 24, 2012 are fully or partially
disapproved for Clean Air Act (CAA)
elements 110(a)(2)(C), (D)(i)(II), (D)(ii),
and (J) for all portions of the Arizona
SIP.
(o) 2008 8-hour ozone NAAQS: The
SIPs submitted on October 14, 2011,
December 27, 2012, and December 3,
2015 are fully or partially disapproved
for Clean Air Act (CAA) elements
110(a)(2)(C), (D)(i)(II), D(ii), and (J) for
all portions of the Arizona SIP.
(p) 2008 Lead (Pb) NAAQS: The SIPs
submitted on October 14, 2011 and
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III
III
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III
III
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December 27, 2012 are fully or partially
disapproved for Clean Air Act (CAA)
elements 110(a)(2)(C), (D)(ii), and (J) for
all portions of the Arizona SIP.
(q) 2010 Nitrogen Dioxide NAAQS:
The SIPs submitted on January 18, 2013
and December 3, 2015 are fully or
partially disapproved for CAA elements
110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for
all portions of the Arizona SIP.
(r) 2010 Sulfur Dioxide NAAQS: The
SIPs submitted on July 23, 2013 and
December 3, 2015 are fully or partially
disapproved for CAA elements
110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for
all portions of the Arizona SIP.
[FR Doc. 2018–17931 Filed 8–20–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2017–0601; FRL–9982–
32—Region 3]
Air Plan Approval; Virginia; Regional
Haze Plan and Visibility for the 2010
Sulfur Dioxide and 2012 Fine
Particulate Matter Standards
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Final rule.
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Commonwealth of
Virginia (the Commonwealth or
Virginia) on July 16, 2015. This SIP
submittal changes Virginia’s reliance on
the Clean Air Interstate Rule (CAIR) to
reliance on the Cross-State Air Pollution
Rule (CSAPR) for certain elements of
Virginia’s regional haze program. EPA is
approving the visibility portion of
Virginia’s infrastructure SIP submittals
for the 2010 sulfur dioxide (SO2) and
2012 fine particulate matter (PM2.5)
national ambient air quality standards
(NAAQS) and approving element (J) for
visibility of Virginia’s infrastructure SIP
submittal for the 2010 SO2 NAAQS.
EPA is also converting the Agency’s
prior limited approval/limited
disapproval of Virginia’s regional haze
program to a full approval and
withdrawing the federal implementation
plan (FIP) provisions addressing our
prior limited disapproval. This action is
being taken under the Clean Air Act
(CAA).
SUMMARY:
This final rule is effective on
September 20, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
DATES:
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Number EPA–R03–OAR–2017–0601. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Ellen Schmitt, (215) 814–5787, or by
email at schmitt.ellen@epa.gov.
On July
16, 2015, the Virginia Department of
Environmental Quality (VA DEQ)
submitted a revision to its SIP to update
the Commonwealth’s regional haze plan
and to meet the visibility requirements
in section 110(a)(2)(D) of the CAA for
the 2010 SO2 and 2012 PM2.5 NAAQS.
SUPPLEMENTARY INFORMATION:
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I. Background
On March 1, 2018 (83 FR 8814), EPA
published a notice of proposed
rulemaking (NPR) addressing SIP
revisions from the Commonwealth. In
the NPR, EPA proposed to take the
following actions: (1) To approve
Virginia’s July 16, 2015 SIP submission
that changed Virginia’s reliance on
CAIR to reliance on CSAPR for certain
elements of Virginia’s regional haze
program; (2) to convert EPA’s limited
approval/limited disapproval 1 of
Virginia’s regional haze program to a
full approval; and (3) to approve
portions of Virginia’s June 18, 2014
infrastructure SIP submission for the
2010 SO2 NAAQS and its July 16, 2015
infrastructure SIP submission for the
2012 PM2.5 NAAQS addressing the
visibility provisions of section
110(a)(2)(D)(i) of the CAA. EPA
subsequently published a second,
supplemental NPR proposing to remove
the FIP for the Commonwealth that
addressed the issues associated with the
Agency’s prior limited disapproval. 83
FR 20002 (March 1, 2018). The
supplemental NPR also proposed
approval of the provisions in Virginia’s
June 18, 2014 infrastructure SIP
submittal for the 2010 SO2 NAAQS
addressing the requirements of section
110(a)(2)(J) of the CAA.
1 77
FR 33642 (June 7, 2012).
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II. Summary of SIP Revision and EPA
Analysis
In order to correct the deficiencies
identified in the June 7, 2012 limited
disapproval of Virginia’s regional haze
program by EPA, the Commonwealth
submitted a SIP revision to the Agency
on July 16, 2015 to replace reliance on
CAIR with reliance on CSAPR in its
regional haze SIP.2 Specifically, the July
16, 2015 SIP submittal changes the
Virginia regional haze program to
specify that the Commonwealth is
relying on CSAPR in its regional haze
SIP to meet the best available retrofit
technology (BART) for certain electric
generating units (EGUs) and reasonable
progress requirements to support
visibility improvement progress goals
for Virginia’s Class I areas, Shenandoah
National Park and the James River
Wilderness Area.
As did EPA’s partial regional haze FIP
for Virginia, the Commonwealth’s July
16, 2015 regional haze SIP revision
relies on CSAPR to address the
deficiencies identified in EPA’s June
2012 limited disapproval of Virginia’s
regional haze SIP. As discussed in the
NPR in greater detail, EPA finds that
this revision satisfies Virginia’s BART
requirements for its EGUs and
reasonable progress requirements and
therefore allows for a fully approvable
regional haze program. With today’s
final approval, the Commonwealth has
a SIP in place to address all of its
regional haze requirements. EPA finds
that Virginia’s reliance in its SIP upon
CSAPR for certain BART and reasonable
progress requirements is in accordance
with the CAA and regional haze rule
requirements (including 40 CFR
51.308(e)(2)), as EPA has recently
affirmed that CSAPR remains an
appropriate alternative to sourcespecific BART controls for EGUs
participating in CSAPR.3 Because the
deficiencies in Virginia’s regional haze
SIP associated with the
Commonwealth’s reliance on CAIR that
were identified in EPA’s prior limited
disapproval are addressed through the
Commonwealth’s revised SIP, the
Agency is now fully approving
Virginia’s regional haze SIP.
Additionally, EPA finds that the prong
4 portions of Virginia’s infrastructure
SIP submittals for the 2010 SO2 NAAQS
and the 2012 PM2.5 NAAQS are fully
2 Virginia was included in the CSAPR federal
trading programs on August 8, 2011. 76 FR 48208.
3 See 82 FR 45481 (September 29, 2017)
(affirming the validity to EPA’s determination that
participation in CSAPR satisfies the criteria for an
alternative to BART following changes to the
program.)
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approvable as Virginia now has a fully
approved regional haze SIP.4
The specific details of Virginia’s July
16, 2015 SIP revision and the rationale
for EPA’s approval are discussed in the
NPR 5 and supplemental NPR 6 and will
not be restated here. Thirteen public
comments were submitted to the docket
identified in EPA’s proposed actions;
however, none of the comments were
specific to the rulemaking and thus are
not addressed here.
III. Final Action
EPA is taking the following actions:
(1) Approving Virginia’s July 16, 2015
SIP submission that changed Virginia’s
reliance on CAIR to reliance on CSAPR
for certain elements of Virginia’s
regional haze program; (2) converting
EPA’s limited approval/limited
disapproval of Virginia’s regional haze
program to a full approval; (3)
withdrawing the FIP provisions that
address the limited disapproval of
Virginia’s regional haze program; (4)
approving the portions of Virginia’s
June 18, 2014 infrastructure SIP
submission for the 2010 SO2 NAAQS
and its July 16, 2015 infrastructure SIP
submission for the 2012 PM2.5 NAAQS
addressing the visibility provisions of
CAA section 110(a)(2)(D)(i); (5) and
approving the portion of Virginia’s June
18, 2014 infrastructure SIP for the 2010
SO2 NAAQS addressing CAA section
110(a)(2)(J).
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
4 Virginia’s 2010 SO NAAQS and 2012 PM
2
2.5
NAAQS infrastructure SIP submissions relied on
the Commonwealth having a fully approved
regional haze program to satisfy its prong 4
requirements. However, at the time of both
infrastructure SIP submittals, Virginia did not have
a fully approved regional haze program as the
Agency had issued a limited disapproval of the
Commonwealth’s regional haze plan on June 7,
2012, due to its reliance on CAIR.
5 83 FR 8814 (March 1, 2018).
6 83 FR 20002 (May 7, 2018).
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discloses such violations to the
Commonwealth and takes prompt and
appropriate measures to remedy the
violations. Virginia’s Voluntary
Environmental Assessment Privilege
Law, Va. Code Sec. 10.1–1198, provides
a privilege that protects from disclosure
documents and information about the
content of those documents that are the
product of a voluntary environmental
assessment. The Privilege Law does not
extend to documents or information
that: (1) Are generated or developed
before the commencement of a
voluntary environmental assessment; (2)
are prepared independently of the
assessment process; (3) demonstrate a
clear, imminent and substantial danger
to the public health or environment; or
(4) are required by law.
On January 12, 1998, the
Commonwealth of Virginia Office of the
Attorney General provided a legal
opinion that states that the Privilege
law, Va. Code Sec. 10.1–1198, precludes
granting a privilege to documents and
information ‘‘required by law,’’
including documents and information
‘‘required by federal law to maintain
program delegation, authorization or
approval,’’ since Virginia must ‘‘enforce
federally authorized environmental
programs in a manner that is no less
stringent than their federal
counterparts. . . .’’ The opinion
concludes that ‘‘[r]egarding § 10.1–1198,
therefore, documents or other
information needed for civil or criminal
enforcement under one of these
programs could not be privileged
because such documents and
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
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program consistent with the federal
requirements. In any event, because
EPA has also determined that a state
audit privilege and immunity law can
affect only state enforcement and cannot
have any impact on federal enforcement
authorities, EPA may at any time invoke
its authority under the CAA, including,
for example, sections 113, 167, 205, 211
or 213, to enforce the requirements or
prohibitions of the state plan,
independently of any state enforcement
effort. In addition, citizen enforcement
under section 304 of the CAA is
likewise unaffected by this, or any, state
audit privilege or immunity law.
V. Statutory and Executive Order
Reviews
A. Executive Orders 12866 and 13563:
Regulatory Planning and Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and is therefore not
subject to review under Executive
Orders 12866 and 13563 (76 FR 3821,
January 21, 2011).
B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is not an Executive Order
13771 regulatory action because this
action is not significant under Executive
Order 12866.
C. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities because small entities are not
subject to the requirements of this rule.
83 FR 8814 (March 1, 2018) and 83 FR
20002 (May 7, 2018).
E. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action does not
impose additional requirements beyond
those imposed by state law.
Accordingly, no additional costs to
state, local, or tribal governments, or to
the private sector, will result from this
action.
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42221
F. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175. It will not have substantial
direct effects on tribal governments.
There are no Indian reservation lands in
Virginia. Thus, Executive Order 13175
does not apply to this rule.
H. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets Executive Order 13045
as applying only to those regulatory
actions that concern environmental
health or safety risks that EPA has
reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
I. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355 (May 22,
2001)), because it is not a significant
regulatory action under Executive Order
12866.
J. National Technology Transfer and
Advancement Act
This rulemaking does not involve
technical standards. Therefore, EPA is
not considering the use of any voluntary
consensus standards.
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
EPA believes that this action does not
have disproportionately high and
adverse human health or environmental
effects on minority populations, lowincome populations, and/or indigenous
peoples, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994).
L. Determination Under Section 307(d)
Pursuant to CAA section 307(d)(1)(B),
this action is subject to the requirements
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of CAA section 307(d), as it revises a FIP
under CAA section 110(c).
M. Congressional Review Act (CRA)
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).
N. 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 22, 2018. 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 CAA
section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Regional haze, Reporting and
recordkeeping requirements, Sulfur
oxides, Visibility.
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. Section 52.2420 is amended by
revising the entries for ‘‘Regional Haze
Plan’’, ‘‘Section 110(a)(2) Infrastructure
Requirements for the 2010 Sulfur
Dioxide NAAQS’’, and ‘‘Section
110(a)(2) Infrastructure Requirements
for the 2012 Particulate Matter NAAQS’’
in the table in paragraph (e)(1) to read
as follows:
■
§ 52.2420
*
Authority: 42 U.S.C. 7401 et seq.
Dated: August 8, 2018.
Andrew R. Wheeler,
Acting Administrator.
Identification of plan.
*
*
(e) * * *
(1) * * *
*
*
40 CFR part 52 is amended as follows:
Name of non-regulatory SIP
revision
Applicable
geographic
area
State
submittal
date
*
*
Regional Haze Plan ................
Statewide ..........
EPA approval
date
*
*
8/21/18, [Insert Federal
Register citation].
*
Full Approval.
See §§ 52.2452(g).
6/18/14
*
*
3/4/15, 80 FR 11557 ........
12/22/14
*
*
Section 110(a)(2) Infrastructure Requirements for the
2010 Sulfur Dioxide NAAQS.
*
Additional
explanation
4/2/15, 80 FR 17695 ........
*
*
Docket #2014–0522. This action addresses
the following CAA elements, or portions
thereof: 110(a)(2) (A), (B), (C), (D)(i)(II)
(PSD), (D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J)
(consultation, notification, and PSD), (K),
(L), and (M).
Docket #2015–0040. Addresses CAA element
110(a)(2)(E)(ii).
Docket #2017–0601. This action addresses
the
following
CAA
elements:
110(a)(2)(D)(I)(II)
for
visibility
and
110(a)(2)(J) for visibility.
7/16/15
*
Statewide ..........
7/16/15
*
Section 110(a)(2) Infrastructure Requirements for the
2012 Particulate Matter
NAAQS.
*
*
Statewide ..........
7/16/15
7/16/15
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*
*
*
*
*
*
*
3. Section 52.2452 is amended by
removing and reserving paragraphs (d),
(e), and (f) and by adding paragraph (g)
to read as follows:
■
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*
*
6/16/16, 81 FR 39210 ......
8/21/18, [Insert Federal
Register citation].
*
§ 52.2452
*
8/21/18, [Insert Federal
Register citation].
Visibility protection.
*
*
*
*
(g) EPA converts its limited approval/
limited disapproval of Virginia’s
regional haze program to a full approval.
This SIP revision changes Virginia’s
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*
*
Docket #2015–0838. This action addresses
the following CAA elements, or portions
thereof: 110(a)(2)(A), (B), (C), (D)(i)(II)
(PSD), (D)(ii), (E), (F), (G), (H), (J), (K), (L),
and (M).
Docket #2017–0601. This action addresses
the
following
CAA
element:
110(a)(2)(D)(I)(II) for visibility.
*
*
Sfmt 4700
*
*
*
reliance from the Clean Air Interstate
Rule to the Cross-State Air Pollution
Rule to meet the regional haze SIP best
available retrofit technology
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requirements for certain sources and to
meet reasonable progress requirements.
[FR Doc. 2018–17448 Filed 8–20–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R04–OAR–2018–0173; FRL–9982–
71—Region 4]
Air Plan Approval and Air Quality
Designation; AL; Redesignation of the
Etowah County Unclassifiable Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On March 22, 2018, the State
of Alabama, through the Alabama
Department of Environmental
Management (ADEM), submitted a
request for the Environmental
Protection Agency (EPA) to redesignate
the Etowah County, Alabama fine
particulate matter (PM2.5) unclassifiable
area (hereinafter referred to as the
‘‘Etowah County Area’’ or ‘‘Area’’) to
attainment for the 2006 primary and
secondary 24-hour PM2.5 national
ambient air quality standards (NAAQS).
EPA is approving the State’s request and
redesignating the Area to unclassifiable/
attainment for the 2006 primary and
secondary 24-hour PM2.5 NAAQS based
upon valid, quality-assured, and
certified ambient air monitoring data
showing that the PM2.5 monitor in the
Area is in compliance with the 2006
primary and secondary 24-hour PM2.5
NAAQS.
SUMMARY:
This rule will be effective
September 20, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0173. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
sradovich on DSK3GMQ082PROD with RULES
DATES:
VerDate Sep<11>2014
16:40 Aug 20, 2018
Jkt 244001
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Madolyn Sanchez, 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. Ms. Sanchez can
be reached by telephone at (404) 562–
9644 or via electronic mail at
sanchez.madolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 21, 2006, EPA revised
the primary and secondary 24-hour
NAAQS for PM2.5 at a level of 35
micrograms per cubic meter (mg/m3),
based on a 3-year average of the annual
98th percentile of 24-hour PM2.5
concentrations. See 71 FR 61144
(October 17, 2006). EPA established the
standards based on significant evidence
and numerous health studies
demonstrating that serious health effects
are associated with exposures to
particulate matter.
The process for designating areas
following promulgation of a new or
revised NAAQS is contained in section
107(d)(1) of the Clean Air Act (CAA).
EPA and state air quality agencies
initiated the monitoring process for the
1997 PM2.5 NAAQS in 1999, and
deployed all air quality monitors by
January 2001. On October 8, 2009, EPA
designated areas across the country as
nonattainment, unclassifiable, or
unclassifiable/attainment 1 for the 2006
24-hour PM2.5 NAAQS based upon air
quality monitoring data from these
monitors for calendar years 2006–2008.
See 74 FR 58688. The monitor in the
Etowah County Area had incomplete
data for the 2006–2008 timeframe.
1 For the initial PM area designations in 2009 (for
the 2006 24-hour PM2.5 NAAQS), EPA used a
designation category of ‘‘unclassifiable/attainment’’
for areas that had monitors showing attainment of
the standard and were not contributing to nearby
violations and for areas that did not have monitors
but for which EPA had reason to believe were likely
attaining the standard and not contributing to
nearby violations. EPA used the category
‘‘unclassifiable’’ for areas in which EPA could not
determine, based upon available information,
whether or not the NAAQS was being met and/or
EPA had not determined the area to be contributing
to nearby violations. EPA reserves the ‘‘attainment’’
category for when EPA redesignates a
nonattainment area that has attained the relevant
NAAQS and has an approved maintenance plan.
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
42223
Therefore, EPA designated Etowah
County as unclassifiable for the 2006 24hour PM2.5 NAAQS. Id.
On March 22, 2018, Alabama
submitted a request for EPA to
redesignate the Etowah County Area to
unclassifiable/attainment for the 2006
24-hour PM2.5 NAAQS now that there is
sufficient data to determine that the
Area is in attainment. In a notice of
proposed rulemaking (NPRM) published
on June 1, 2018 (83 FR 25422), EPA
proposed to approve the State’s
redesignation request. The details of
Alabama’s submittal and the rationale
for EPA’s actions are further explained
in the NPRM. EPA did not receive any
adverse comments on the proposed
action.
II. Final Action
EPA is approving Alabama’s
redesignation request and redesignating
the Etowah County Area from
unclassifiable to unclassifiable/
attainment for the 2006 24-hour PM2.5
NAAQS.2
III. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to unclassifiable/attainment is an
action that affects the status of a
geographical area and does not impose
any additional regulatory requirements
on sources beyond those imposed by
state law. A redesignation to
unclassifiable/attainment does not in
and of itself create any new
requirements. Accordingly, this action
merely redesignates an area to
unclassifiable/attainment and does not
impose additional requirements. 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);
• is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because redesignations are
exempted under Executive Order 12866;
• 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
2 Although Alabama requested redesignation of
the Area to ‘‘attainment,’’ EPA is redesignating the
area to ‘‘unclassifiable/attainment’’ because, as
noted above, EPA reserves the ‘‘attainment’’
category for when EPA redesignates a
nonattainment area that has attained the relevant
NAAQS and has an approved maintenance plan.
E:\FR\FM\21AUR1.SGM
21AUR1
]]>Agencies
[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Rules and Regulations]
[Pages 42219-42223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17448]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2017-0601; FRL-9982-32--Region 3]
Air Plan Approval; Virginia; Regional Haze Plan and Visibility
for the 2010 Sulfur Dioxide and 2012 Fine Particulate Matter Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Virginia (the Commonwealth or Virginia) on July 16, 2015. This SIP
submittal changes Virginia's reliance on the Clean Air Interstate Rule
(CAIR) to reliance on the Cross-State Air Pollution Rule (CSAPR) for
certain elements of Virginia's regional haze program. EPA is approving
the visibility portion of Virginia's infrastructure SIP submittals for
the 2010 sulfur dioxide (SO2) and 2012 fine particulate
matter (PM2.5) national ambient air quality standards
(NAAQS) and approving element (J) for visibility of Virginia's
infrastructure SIP submittal for the 2010 SO2 NAAQS. EPA is
also converting the Agency's prior limited approval/limited disapproval
of Virginia's regional haze program to a full approval and withdrawing
the federal implementation plan (FIP) provisions addressing our prior
limited disapproval. This action is being taken under the Clean Air Act
(CAA).
DATES: This final rule is effective on September 20, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
[[Page 42220]]
Number EPA-R03-OAR-2017-0601. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the For Further Information Contact section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, (215) 814-5787, or by
email at [email protected].
SUPPLEMENTARY INFORMATION: On July 16, 2015, the Virginia Department of
Environmental Quality (VA DEQ) submitted a revision to its SIP to
update the Commonwealth's regional haze plan and to meet the visibility
requirements in section 110(a)(2)(D) of the CAA for the 2010
SO2 and 2012 PM2.5 NAAQS.
I. Background
On March 1, 2018 (83 FR 8814), EPA published a notice of proposed
rulemaking (NPR) addressing SIP revisions from the Commonwealth. In the
NPR, EPA proposed to take the following actions: (1) To approve
Virginia's July 16, 2015 SIP submission that changed Virginia's
reliance on CAIR to reliance on CSAPR for certain elements of
Virginia's regional haze program; (2) to convert EPA's limited
approval/limited disapproval \1\ of Virginia's regional haze program to
a full approval; and (3) to approve portions of Virginia's June 18,
2014 infrastructure SIP submission for the 2010 SO2 NAAQS
and its July 16, 2015 infrastructure SIP submission for the 2012
PM2.5 NAAQS addressing the visibility provisions of section
110(a)(2)(D)(i) of the CAA. EPA subsequently published a second,
supplemental NPR proposing to remove the FIP for the Commonwealth that
addressed the issues associated with the Agency's prior limited
disapproval. 83 FR 20002 (March 1, 2018). The supplemental NPR also
proposed approval of the provisions in Virginia's June 18, 2014
infrastructure SIP submittal for the 2010 SO2 NAAQS
addressing the requirements of section 110(a)(2)(J) of the CAA.
---------------------------------------------------------------------------
\1\ 77 FR 33642 (June 7, 2012).
---------------------------------------------------------------------------
II. Summary of SIP Revision and EPA Analysis
In order to correct the deficiencies identified in the June 7, 2012
limited disapproval of Virginia's regional haze program by EPA, the
Commonwealth submitted a SIP revision to the Agency on July 16, 2015 to
replace reliance on CAIR with reliance on CSAPR in its regional haze
SIP.\2\ Specifically, the July 16, 2015 SIP submittal changes the
Virginia regional haze program to specify that the Commonwealth is
relying on CSAPR in its regional haze SIP to meet the best available
retrofit technology (BART) for certain electric generating units (EGUs)
and reasonable progress requirements to support visibility improvement
progress goals for Virginia's Class I areas, Shenandoah National Park
and the James River Wilderness Area.
---------------------------------------------------------------------------
\2\ Virginia was included in the CSAPR federal trading programs
on August 8, 2011. 76 FR 48208.
---------------------------------------------------------------------------
As did EPA's partial regional haze FIP for Virginia, the
Commonwealth's July 16, 2015 regional haze SIP revision relies on CSAPR
to address the deficiencies identified in EPA's June 2012 limited
disapproval of Virginia's regional haze SIP. As discussed in the NPR in
greater detail, EPA finds that this revision satisfies Virginia's BART
requirements for its EGUs and reasonable progress requirements and
therefore allows for a fully approvable regional haze program. With
today's final approval, the Commonwealth has a SIP in place to address
all of its regional haze requirements. EPA finds that Virginia's
reliance in its SIP upon CSAPR for certain BART and reasonable progress
requirements is in accordance with the CAA and regional haze rule
requirements (including 40 CFR 51.308(e)(2)), as EPA has recently
affirmed that CSAPR remains an appropriate alternative to source-
specific BART controls for EGUs participating in CSAPR.\3\ Because the
deficiencies in Virginia's regional haze SIP associated with the
Commonwealth's reliance on CAIR that were identified in EPA's prior
limited disapproval are addressed through the Commonwealth's revised
SIP, the Agency is now fully approving Virginia's regional haze SIP.
Additionally, EPA finds that the prong 4 portions of Virginia's
infrastructure SIP submittals for the 2010 SO2 NAAQS and the
2012 PM2.5 NAAQS are fully approvable as Virginia now has a
fully approved regional haze SIP.\4\
---------------------------------------------------------------------------
\3\ See 82 FR 45481 (September 29, 2017) (affirming the validity
to EPA's determination that participation in CSAPR satisfies the
criteria for an alternative to BART following changes to the
program.)
\4\ Virginia's 2010 SO2 NAAQS and 2012
PM2.5 NAAQS infrastructure SIP submissions relied on the
Commonwealth having a fully approved regional haze program to
satisfy its prong 4 requirements. However, at the time of both
infrastructure SIP submittals, Virginia did not have a fully
approved regional haze program as the Agency had issued a limited
disapproval of the Commonwealth's regional haze plan on June 7,
2012, due to its reliance on CAIR.
---------------------------------------------------------------------------
The specific details of Virginia's July 16, 2015 SIP revision and
the rationale for EPA's approval are discussed in the NPR \5\ and
supplemental NPR \6\ and will not be restated here. Thirteen public
comments were submitted to the docket identified in EPA's proposed
actions; however, none of the comments were specific to the rulemaking
and thus are not addressed here.
---------------------------------------------------------------------------
\5\ 83 FR 8814 (March 1, 2018).
\6\ 83 FR 20002 (May 7, 2018).
---------------------------------------------------------------------------
III. Final Action
EPA is taking the following actions: (1) Approving Virginia's July
16, 2015 SIP submission that changed Virginia's reliance on CAIR to
reliance on CSAPR for certain elements of Virginia's regional haze
program; (2) converting EPA's limited approval/limited disapproval of
Virginia's regional haze program to a full approval; (3) withdrawing
the FIP provisions that address the limited disapproval of Virginia's
regional haze program; (4) approving the portions of Virginia's June
18, 2014 infrastructure SIP submission for the 2010 SO2
NAAQS and its July 16, 2015 infrastructure SIP submission for the 2012
PM2.5 NAAQS addressing the visibility provisions of CAA
section 110(a)(2)(D)(i); (5) and approving the portion of Virginia's
June 18, 2014 infrastructure SIP for the 2010 SO2 NAAQS
addressing CAA section 110(a)(2)(J).
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
[[Page 42221]]
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. Statutory and Executive Order Reviews
A. Executive Orders 12866 and 13563: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not an Executive Order 13771 regulatory action
because this action is not significant under Executive Order 12866.
C. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities because small
entities are not subject to the requirements of this rule. 83 FR 8814
(March 1, 2018) and 83 FR 20002 (May 7, 2018).
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
state, local, or tribal governments, or to the private sector, will
result from this action.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175. It will not have substantial direct effects on
tribal governments. There are no Indian reservation lands in Virginia.
Thus, Executive Order 13175 does not apply to this rule.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive Order. This action is not subject to Executive Order
13045 because it does not concern an environmental health risk or
safety risk.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
J. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards. Therefore,
EPA is not considering the use of any voluntary consensus standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EPA believes that this action does not have disproportionately high
and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
L. Determination Under Section 307(d)
Pursuant to CAA section 307(d)(1)(B), this action is subject to the
requirements
[[Page 42222]]
of CAA section 307(d), as it revises a FIP under CAA section 110(c).
M. Congressional Review Act (CRA)
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).
N. 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 22, 2018. 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 CAA section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Regional haze, Reporting and recordkeeping requirements, Sulfur
oxides, Visibility.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 8, 2018.
Andrew R. Wheeler,
Acting Administrator.
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. Section 52.2420 is amended by revising the entries for ``Regional
Haze Plan'', ``Section 110(a)(2) Infrastructure Requirements for the
2010 Sulfur Dioxide NAAQS'', and ``Section 110(a)(2) Infrastructure
Requirements for the 2012 Particulate Matter NAAQS'' in the table in
paragraph (e)(1) to read as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(e) * * *
(1) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP revision Applicable geographic area submittal EPA approval date Additional explanation
date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Regional Haze Plan................... Statewide.................... 7/16/15 8/21/18, [Insert Federal Register Full Approval.
citation]. See Sec. Sec.
52.2452(g).
* * * * * * *
Section 110(a)(2) Infrastructure Statewide.................... 6/18/14 3/4/15, 80 FR 11557...................... Docket #2014-0522. This
Requirements for the 2010 Sulfur action addresses the
Dioxide NAAQS. following CAA
elements, or portions
thereof: 110(a)(2)
(A), (B), (C),
(D)(i)(II) (PSD),
(D)(ii), (E)(i),
(E)(iii), (F), (G),
(H), (J)
(consultation,
notification, and
PSD), (K), (L), and
(M).
12/22/14 4/2/15, 80 FR 17695...................... Docket #2015-0040.
Addresses CAA element
110(a)(2)(E)(ii).
7/16/15 8/21/18, [Insert Federal Register Docket #2017-0601. This
citation]. action addresses the
following CAA
elements:
110(a)(2)(D)(I)(II)
for visibility and
110(a)(2)(J) for
visibility.
* * * * * * *
Section 110(a)(2) Infrastructure Statewide.................... 7/16/15 6/16/16, 81 FR 39210..................... Docket #2015-0838. This
Requirements for the 2012 action addresses the
Particulate Matter NAAQS. following CAA
elements, or portions
thereof: 110(a)(2)(A),
(B), (C), (D)(i)(II)
(PSD), (D)(ii), (E),
(F), (G), (H), (J),
(K), (L), and (M).
7/16/15 8/21/18, [Insert Federal Register Docket #2017-0601. This
citation]. action addresses the
following CAA element:
110(a)(2)(D)(I)(II)
for visibility.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
0
3. Section 52.2452 is amended by removing and reserving paragraphs (d),
(e), and (f) and by adding paragraph (g) to read as follows:
Sec. 52.2452 Visibility protection.
* * * * *
(g) EPA converts its limited approval/limited disapproval of
Virginia's regional haze program to a full approval. This SIP revision
changes Virginia's reliance from the Clean Air Interstate Rule to the
Cross-State Air Pollution Rule to meet the regional haze SIP best
available retrofit technology
[[Page 42223]]
requirements for certain sources and to meet reasonable progress
requirements.
[FR Doc. 2018-17448 Filed 8-20-18; 8:45 am]
BILLING CODE 6560-50-P
