Approval and Promulgation of Air Quality Implementation Plans; Virginia; Correction Due to Vacatur of Revisions To Implement the Revocation of the 1997 Ozone National Ambient Air Quality Standards Final Rule, 56942-56946 [2019-23133]
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Federal Register / Vol. 84, No. 206 / Thursday, October 24, 2019 / Rules and Regulations
RIN 1205–AB96
Heidi M. Casta, Deputy Administrator,
Office of Policy Development and
Research, U.S. Department of Labor, 200
Constitution Avenue NW, Room N–
5641, Washington, DC 20210; telephone
(202) 693–3700 (this is not a toll-free
number).
Individuals with hearing or speech
impairments may access the telephone
number above via TTY by calling the
toll-free Federal Information Relay
Service at 1–800–877–8339.
SUPPLEMENTARY INFORMATION: In the
DFR, the Department stated that if a
significant adverse comment was
submitted by September 30, 2019, the
agency would publish a timely
withdrawal in the Federal Register
informing the public that this DFR will
not take effect. The Department received
two significant adverse comments prior
to the close of the comment period and,
therefore, is withdrawing the direct final
rule. The Department will address the
comments in a subsequent final action
based upon the proposed action also
published in the Federal Register on
August 29, 2019 (84 FR 45449).
Accordingly, effective October 24,
2019, the amendment to 20 CFR part
686 published in the Federal Register
on August 29, 2019 (84 FR 45449) is
withdrawn.
Procurement Roles and
Responsibilities for Job Corps
Contracts
John P. Pallasch,
Assistant Secretary for Employment and
Training, Labor.
remanded to EPA by the Court of
Appeals for the Fourth Circuit. This
action is exempt from notice-andcomment rulemaking because it is
ministerial in nature.
DATES: This final rule is effective on
October 24, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2017–0382. 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: Sara
Calcinore, Planning & Implementation
Branch (3AD30), Air & Radiation
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2043.
Ms. Calcinore can also be reached via
electronic mail at calcinore.sara@
epa.gov.
[FR Doc. 2019–23238 Filed 10–23–19; 8:45 am]
SUPPLEMENTARY INFORMATION:
Corporations’’ after ‘‘Indian tribes’’ in
the first sentence.
■ b. In paragraph (c), add ‘‘and with
ANCSA Corporations in a similar
manner,’’ after ‘‘government-togovernment basis,’’ in the first sentence.
■ c. In paragraph (e), remove ‘‘or Indian
trust resources’’ and add in its place
‘‘Indian trust resources, or treaty rights’’.
■ d. Add a sentence to the end of
paragraph (e).
The addition reads as follows:
§ 2.1c Policy statement on consultation
with Indian tribes in Commission
proceedings.
*
*
*
*
*
(e) * * * The Commission will use
the agency’s environmental and
decisional documents to communicate
how tribal input has been considered.
*
*
*
*
*
[FR Doc. 2019–23099 Filed 10–23–19; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF LABOR
Employment and Training
Administration
20 CFR Part 686
[DOL Docket No. ETA–2019–0006]
Employment and Training
Administration, Labor.
ACTION: Withdrawal of direct final rule.
AGENCY:
Due to the receipt of two
significant adverse comments, the
Department of Labor (Department) is
withdrawing the August 29, 2019, direct
final rule (DFR) that would have made
two procedural changes to its Workforce
Innovation and Opportunity Act
(WIOA) Job Corps regulations. The
changes would have enabled the
Secretary of Labor to delegate
procurement authority as it relates to
the development and issuance of
requests for proposals for the operation
of Job Corps centers, outreach and
admissions, career transitional services,
and other operational support services.
This action would have aligned
regulatory provisions with the relevant
WIOA statutory language to provide
greater flexibility for internal operations
and management of the Job Corps
program.
DATES: Effective October 24, 2019, the
direct final rule published at 84 FR
45403 on August 29, 2019, is
withdrawn.
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SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
BILLING CODE 4510–FT–P
I. Background and Rationale for This
Action
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2017–0382; FRL–10001–
45–Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Correction Due to Vacatur of Revisions
To Implement the Revocation of the
1997 Ozone National Ambient Air
Quality Standards Final Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction.
AGENCY:
The Environmental Protection
Agency (EPA) is correcting the state
implementation plan (SIP) for the
Commonwealth of Virginia to remove
from the Code of Federal Regulations
(CFR) revisions to the Virginia SIP that
were initially incorporated into the SIP
in a February 22, 2018 final action that
was subsequently vacated and
SUMMARY:
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Under the Clean Air Act (CAA or the
Act), EPA establishes National Ambient
Air Quality Standards (NAAQS) for
criteria pollutants 1 in order to protect
human health and the environment. In
response to scientific evidence linking
ozone exposure to adverse health
effects, EPA promulgated the first ozone
NAAQS, the 0.12 part per million (ppm)
1-hour ozone NAAQS, in 1979. See 44
FR 8202 (February 8, 1979). The CAA
requires EPA to review and reevaluate
the NAAQS every five years in order to
consider updated information regarding
the effects of the criteria pollutants on
human health and the environment. On
July 18, 1997, EPA promulgated a
revised ozone NAAQS, referred to as the
1997 ozone NAAQS, of 0.08 ppm
averaged over eight hours. 62 FR 38855.
This 8-hour ozone NAAQS was
determined to be more protective of
1 The ‘‘criteria pollutants’’ include ozone (O ),
3
particulate matter (PM), sulfur dioxide (SO2),
nitrogen dioxide (NO2), carbon monoxide (CO), and
lead (Pb).
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public health than the previous 1979 1hour ozone NAAQS. In 2008, EPA
strengthened the 8-hour ozone NAAQS
from 0.08 to 0.075 ppm. The 0.075 ppm
standard is referred to as the 2008 ozone
NAAQS and is more stringent than the
previous 1997 ozone NAAQS. See 73 FR
16436 (March 27, 2008).2
On March 6, 2015, EPA issued a final
rule titled ‘‘Implementation of the 2008
National Ambient Air Quality Standards
for Ozone: State Implementation Plan
Review Requirements,’’ which
addressed a range of nonattainment area
SIP requirements for the 2008 ozone
NAAQS. 80 FR 12264. This final rule
also revoked the 1997 ozone NAAQS
and established anti-backsliding
requirements for areas not attaining the
1997 ozone NAAQS in 40 CFR 51.1105
that became effective once the 1997
ozone NAAQS was revoked. The final
rule also removed the conformity
requirements for areas designated
nonattainment or maintenance under
the 1997 ozone NAAQS and attainment
under the 2008 ozone NAAQS (referred
to as ‘‘orphan nonattainment areas’’ and
‘‘orphan maintenance areas,’’
respectively). According to EPA’s March
6, 2015 final rule, the revocation of the
1997 ozone NAAQS was effective April
6, 2015.
On September 9, 2016, Virginia
amended the Virginia Administrative
Code (VAC) to be consistent with EPA’s
March 6, 2015 final rule revoking the
1997 ozone NAAQS. On February 10,
2017, Virginia, through the Virginia
Department of Environmental Quality
(VADEQ), formally submitted a SIP
revision (Revision G16) reflecting these
amendments. Virginia’s February 10,
2017 SIP revision included amendments
to provisions 9VAC5–20–204, 9VAC5–
30–55, 9VAC5–151–20, and 9VAC5–
160–30 that reflected EPA’s March 6,
2015 final rule.3
On February 16, 2018, after EPA had
signed the final rulemaking notice
approving Virginia’s February 10, 2017
2 On October 1, 2015, EPA strengthened the
ground-level ozone NAAQS to 0.070 ppm. See 80
FR 65292 (October 26, 2015). This rulemaking
addresses the 2008 ozone NAAQS and does not
address the 2015 ozone NAAQS.
3 The amendment to 9VAC5–20–204 added text
stating that the list of Northern Virginia moderate
nonattainment areas under the 1997 ozone NAAQS
is no longer effective after April 6, 2015, the
effective date of the revocation of the 1997 ozone
NAAQS. The amendment to 9VAC5–30–55 added
text stating that the primary and secondary ambient
air quality standard of 0.08 ppm shall no longer
apply after April 6, 2015. Virginia also amended the
Regulation for Transportation Conformity and the
Regulation for General Conformity by adding text to
9VAC5–151–20 and 9VAC5–160–30 stating that
‘‘The provisions of this chapter shall not apply in
nonattainment and maintenance areas that were
designated nonattainment or maintenance under a
Federal standard that has been revoked.’’
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SIP revision, but six days before it was
published in the Federal Register, the
Court of Appeals for the D.C. Circuit
issued a decision partially granting
consolidated petitions for judicial
review of EPA’s March 6, 2015 final rule
and vacating portions of that rule. South
Coast Air Quality Management District
v. EPA, 882 F.3d 1138, 1152–53 (D.C.
Cir. 2018) (referred to as ‘‘South Coast
II’’). The vacatur applies to portions of
EPA’s March 6, 2015 final rule that
formed the underlying basis for
Virginia’s February 10, 2017 SIP
revision, including the removal of the
transportation conformity requirements
for orphan nonattainment and
maintenance areas.
On February 22, 2018, EPA’s final
rulemaking notice approving Virginia’s
February 10, 2017 SIP revision was
published in the Federal Register. 83 FR
7610. This final rule revised the Virginia
SIP, effective March 26, 2018, to
incorporate by reference the
amendments to 9VAC5–20–204,
9VAC5–30–55, 9VAC5–151–20, and
9VAC5–160–30 contained in Virginia’s
February 10, 2017 SIP revision.
However, as stated previously, the
South Coast II decision vacated portions
of EPA’s March 6, 2015 final rule that
were the basis for these amendments.
On October 29, 2018, in response to a
petition filed by Sierra Club seeking
review of EPA’s February 22, 2018
rulemaking pursuant to section
307(b)(1) of the Act, Sierra Club v. EPA,
No. 18–1441 (4th Cir), EPA filed an
Unopposed Motion for Voluntary
Remand and Vacatur (the Motion), in
the United States Court of Appeals for
the Fourth Circuit (the Court). The
Motion identified those provisions of
the February 22, 2018 rulemaking
affected by South Coast II and requested
that the Court vacate and remand the
February 22, 2018 rulemaking to EPA.
In a November 14, 2018 Order, the Court
granted EPA’s unopposed request for a
voluntary remand and vacatur (the
Order) and entered a judgment that its
remand would not take effect until the
Court issued its mandate in accordance
with Fed. R. App. P. 41 (the Judgment).
The Court issued its mandate on January
7, 2019 (the Mandate), announcing that
the judgment of the Court would take
effect that day.4 Therefore, on January 7,
2019, the judgment of the Court vacated
and remanded EPA’s February 22, 2018
final rulemaking to EPA, thereby
restoring the Virginia SIP to the version
that existed prior to the effective date of
EPA’s February 22, 2018 rulemaking.
That version of the SIP contains the
versions of 9VAC5–20–204, 9VAC5–30–
55, 9VAC5–151–20, and 9VAC5–160–30
as they existed prior to the March 26,
2018 effective date of EPA’s February
22, 2018 final action.5
In this action, EPA is correcting the
codification of the Virginia SIP in the
CFR, to reflect the vacatur of EPA’s
February 22, 2018 final rulemaking.
This action corrects the CFR to be
consistent with the Court’s Judgement
by removing the revisions to 9VAC5–
20–204, 9VAC5–30–55, 9VAC5–151–20,
and 9VAC5–160–30 that were approved
in EPA’s now vacated February 22, 2018
final action. By taking this final action,
the CFR will correctly display the
versions of 9VAC5–20–204, 9VAC5–30–
55, 9VAC5–151–20, and 9VAC5–160–30
that are approved in the Virginia SIP
(i.e. the version of the provisions that
were approved into the Virginia SIP
prior to the March 26, 2018 effective
date of EPA’s February 22, 2018 final
rulemaking).
4 The Motion, the Order, the Judgment and the
Mandate are included in the docket for this
rulemaking action available at www.regulations.gov,
Docket ID Number EPA–R03–OAR–2017–0382.
5 On February 27, 2019, Virginia formally
withdrew Revision G16, which formed the based of
EPA’s February 22, 2018 rulamking. Consequently,
no portion of Revision G16 remains before EPA.
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II. Final Action
EPA is correcting the codification of
the Virginia SIP in the CFR to reflect the
vacatur of EPA’s February 22, 2018 final
action. EPA is taking this action as a
final rule without providing an
opportunity for public comment or a
public hearing because EPA finds that
the Administrative Procedure Act (APA)
good cause exemption applies. In
general, the APA requires that general
notice of proposed rulemaking shall be
published in the Federal Register. Such
notice must provide an opportunity for
public participation in the rulemaking
process. However, the APA also
provides a way for an agency to directly
issue a final rulemaking in certain
specific instances. This may occur, in
particular, when an agency for good
cause finds (and incorporates the
finding and a brief statement of reasons
in the rule issued) that notice and
public procedure thereon are
impracticable, unnecessary, or contrary
to the public interest. See 5 U.S.C.
553(b)(3)(B). EPA has determined that it
is not necessary to provide a public
hearing or an opportunity for public
comment on this action because the
correction of the CFR to reflect the
vacatur of EPA’s February 22, 2018 final
action is a necessary ministerial act. The
Court, through its Order referencing the
Motion, specifically identified as
vacated the revisions to the Virginia SIP
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that this action removes from display in
the CFR and remanded this matter to
EPA. Therefore, removing the affected
regulatory text simply implements the
decision of the Court, and it would
serve no useful purpose to provide an
opportunity for public comment or a
public hearing on this issue.
In addition, notice-and-comment
would be contrary to the public interest
because it would unnecessarily delay
the correction of the Virginia SIP as
displayed in the CFR. Such delay could
result in confusion on the part of the
regulated industry and state, local, and
tribal air agencies on the actual SIPapproved provisions in the Virginia SIP.
For these reasons, EPA finds good
cause to issue a final rulemaking
pursuant to section 553 of the APA, 5
U.S.C. 553(b)(3)(B). Moreover, EPA
finds that the problems outlined above
regarding the effects of delaying
issuance of the rule also provide good
cause for not delaying its effective date.
5 U.S.C. 553(d)(3). Accordingly, the
requirement for a delay in effective date
does not apply and the rule will take
effect upon publication in the Federal
Register. 5 U.S.C. 553(d).
III. 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
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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 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.
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IV. Statutory and Executive Order
Reviews
A. General Requirements
This action merely makes ministerial
corrections to the SIP consistent with
state law that EPA had previously
approved 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action 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
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
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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 23, 2019. 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
correcting the Virginia SIP to reflect the
vacatur of EPA’s February 22, 2018 final
rule 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: October 11, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart VV—Virginia
2. In § 52.2420, the table in paragraph
(c) is amended by revising the entries
for Sections 5–20–204, 5–30–55, 5–151–
20, and 5–160–30 to read as follows:
■
§ 52.2420
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES
State citation
State effective
date
Title/subject
*
*
*
EPA approval
date
*
9 VAC 5, Chapter 20
*
*
*
Explanation
[former SIP citation]
*
*
*
*
*
General Provisions
*
*
Part II Air Quality Programs
*
5–20–204 ..........
*
*
*
Nonattainment Areas ....................
*
*
3/11/15
*
*
9 VAC 5, Chapter 30
*
5–30–55 ............
*
*
*
Ozone (8-hour, 0.08 ppm) ............
*
*
*
11/21/12
*
*
*
*
*
List of nonattainment areas revised to exclude
Northern Virginia localities for fine particulate
matter (PM2.5).
*
*
Ambient Air Quality Standards [Part III]
6/11/13, 78 FR
34915.
*
9 VAC 5, Chapter 151
*
8/14/15, 80 FR
48730.
*
*
*
The 1997 8-hour ozone NAAQS for purposes of
transportation conformity is revoked.
*
*
*
*
*
*
*
*
*
Transportation Conformity
*
*
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Part II General Provisions
5–151–20 ..........
*
Applicability ...................................
*
12/31/08
*
11/20/09, 74 FR
60194.
*
9 VAC 5, Chapter 160
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EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued
State citation
State effective
date
Title/subject
*
*
*
EPA approval
date
*
Explanation
[former SIP citation]
*
*
*
*
*
*
*
*
*
Part II General Provisions
*
5–160–30 ..........
*
*
Applicability ...................................
*
*
*
*
*
*
*
*
[FR Doc. 2019–23133 Filed 10–23–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2019–0082; FRL–10001–
46–Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Philadelphia County
Reasonably Available Control
Technology for the 2008 Ozone
National Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Pennsylvania
Department of Environmental Protection
(PADEP) on behalf of the City of
Philadelphia, Department of Public
Health, Air Management Services (AMS)
for the purpose of satisfying the volatile
organic compound (VOC) reasonably
available control technology (RACT)
requirements for source categories
covered by control technique guidelines
(CTGs) under the 2008 8-hour ozone
national ambient air quality standard
(NAAQS). EPA is approving these
revisions addressing the VOC CTG
RACT requirements set forth by the
Clean Air Act (CAA) for the 2008 8-hour
ozone NAAQS for Philadelphia County
in accordance with the requirements of
the CAA.
DATES: This final rule is effective on
November 25, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2019–0082. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:51 Oct 23, 2019
*
3/2/11
Jkt 250001
12/12/11, 76 FR
77150.
*
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:
Elizabeth Gaige, Air Quality Analysis
Branch (3AD40), Air & Radiation
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–5676.
Ms. Gaige can also be reached via
electronic mail at gaige.elizabeth@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 27, 2019 (84 FR 44798),
EPA published a notice of proposed
rulemaking (NPRM) for the
Commonwealth of Pennsylvania. In the
NPRM, EPA proposed approval of a SIP
revision addressing the VOC CTG RACT
requirements set forth by the CAA for
the 2008 8-hour ozone NAAQS for
Philadelphia County (the 2018 VOC
CTG RACT Submission for Philadelphia
County). The formal SIP revision was
submitted by Pennsylvania on behalf of
Philadelphia County on August 13,
2018.
II. Summary of SIP Revision and EPA
Analysis
On August 13, 2018, PADEP
submitted a SIP revision for
Philadelphia County to address the VOC
CTG RACT requirements set forth by the
CAA for the 2008 8-hour ozone NAAQS.
Specifically, the 2018 VOC CTG RACT
Submission for Philadelphia County
includes: (1) A certification that for
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
certain categories of sources, previouslyadopted VOC RACT controls in the
Philadelphia County portion of
Pennsylvania’s SIP that were approved
by EPA under the 1979 1-hour and 1997
8-hour ozone NAAQS continue to be
based on the currently available
technically and economically feasible
controls, and continue to represent
RACT for implementation of the 2008 8hour ozone NAAQS; and (2) a negative
declaration that certain CTG sources of
VOC do not exist in Philadelphia
County, PA. This SIP revision does not
cover non-CTG sources in Philadelphia
County. PADEP will address RACT for
major sources of NOX and for major
non-CTG VOC sources for Philadelphia
County in another SIP submission.
Philadelphia County’s Regulations,
under Philadelphia County AMR V
Sections II, III, IV, V, XI, XII, XIII, XV,
XVI, and 25 Pa. Code Sections 129.52,
129.52a, 129.52b, 129.52d, 129.52e, 129
.55, 129.56, 129.57, 129.58, 129.59,
129.60, 129.62, 129.63, 129.63a, 129.64,
129.67, 129.67a, 129.67b, 129.68,
129.69, 129.71, 129.73, 129.74, 129.77,
129.101–129.107, and 130.701–130.704,
contain the VOC CTG RACT controls
that were implemented and approved
into Pennsylvania’s SIP under the 1hour and 1997 8-hour ozone NAAQS.
PADEP is certifying that these
regulations, all previously approved by
EPA into the SIP, continue to meet the
RACT requirements for the 2008 8-hour
ozone NAAQS for CTG-covered sources
of VOCs in Philadelphia County, PA.
PADEP also submitted a negative
declaration for the CTGs that have not
been adopted because Philadelphia
County does not contain the affected
source categories. More detailed
information on these provisions as well
as a detailed summary of EPA’s review
can be found in the Technical Support
Document (TSD) for this action which is
available on line at https://
www.regulations.gov, Docket number
EPA–R03–OAR–2019–0082.
An explanation of the Clean Air Act
requirements, a detailed analysis of the
E:\FR\FM\24OCR1.SGM
24OCR1
]]>Agencies
[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Rules and Regulations]
[Pages 56942-56946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23133]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2017-0382; FRL-10001-45-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Correction Due to Vacatur of Revisions To Implement the
Revocation of the 1997 Ozone National Ambient Air Quality Standards
Final Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is correcting the
state implementation plan (SIP) for the Commonwealth of Virginia to
remove from the Code of Federal Regulations (CFR) revisions to the
Virginia SIP that were initially incorporated into the SIP in a
February 22, 2018 final action that was subsequently vacated and
remanded to EPA by the Court of Appeals for the Fourth Circuit. This
action is exempt from notice-and-comment rulemaking because it is
ministerial in nature.
DATES: This final rule is effective on October 24, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2017-0382. 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: Sara Calcinore, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2043. Ms. Calcinore can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Rationale for This Action
Under the Clean Air Act (CAA or the Act), EPA establishes National
Ambient Air Quality Standards (NAAQS) for criteria pollutants \1\ in
order to protect human health and the environment. In response to
scientific evidence linking ozone exposure to adverse health effects,
EPA promulgated the first ozone NAAQS, the 0.12 part per million (ppm)
1-hour ozone NAAQS, in 1979. See 44 FR 8202 (February 8, 1979). The CAA
requires EPA to review and reevaluate the NAAQS every five years in
order to consider updated information regarding the effects of the
criteria pollutants on human health and the environment. On July 18,
1997, EPA promulgated a revised ozone NAAQS, referred to as the 1997
ozone NAAQS, of 0.08 ppm averaged over eight hours. 62 FR 38855. This
8-hour ozone NAAQS was determined to be more protective of
[[Page 56943]]
public health than the previous 1979 1-hour ozone NAAQS. In 2008, EPA
strengthened the 8-hour ozone NAAQS from 0.08 to 0.075 ppm. The 0.075
ppm standard is referred to as the 2008 ozone NAAQS and is more
stringent than the previous 1997 ozone NAAQS. See 73 FR 16436 (March
27, 2008).\2\
---------------------------------------------------------------------------
\1\ The ``criteria pollutants'' include ozone (O3),
particulate matter (PM), sulfur dioxide (SO2), nitrogen
dioxide (NO2), carbon monoxide (CO), and lead (Pb).
\2\ On October 1, 2015, EPA strengthened the ground-level ozone
NAAQS to 0.070 ppm. See 80 FR 65292 (October 26, 2015). This
rulemaking addresses the 2008 ozone NAAQS and does not address the
2015 ozone NAAQS.
---------------------------------------------------------------------------
On March 6, 2015, EPA issued a final rule titled ``Implementation
of the 2008 National Ambient Air Quality Standards for Ozone: State
Implementation Plan Review Requirements,'' which addressed a range of
nonattainment area SIP requirements for the 2008 ozone NAAQS. 80 FR
12264. This final rule also revoked the 1997 ozone NAAQS and
established anti-backsliding requirements for areas not attaining the
1997 ozone NAAQS in 40 CFR 51.1105 that became effective once the 1997
ozone NAAQS was revoked. The final rule also removed the conformity
requirements for areas designated nonattainment or maintenance under
the 1997 ozone NAAQS and attainment under the 2008 ozone NAAQS
(referred to as ``orphan nonattainment areas'' and ``orphan maintenance
areas,'' respectively). According to EPA's March 6, 2015 final rule,
the revocation of the 1997 ozone NAAQS was effective April 6, 2015.
On September 9, 2016, Virginia amended the Virginia Administrative
Code (VAC) to be consistent with EPA's March 6, 2015 final rule
revoking the 1997 ozone NAAQS. On February 10, 2017, Virginia, through
the Virginia Department of Environmental Quality (VADEQ), formally
submitted a SIP revision (Revision G16) reflecting these amendments.
Virginia's February 10, 2017 SIP revision included amendments to
provisions 9VAC5-20-204, 9VAC5-30-55, 9VAC5-151-20, and 9VAC5-160-30
that reflected EPA's March 6, 2015 final rule.\3\
---------------------------------------------------------------------------
\3\ The amendment to 9VAC5-20-204 added text stating that the
list of Northern Virginia moderate nonattainment areas under the
1997 ozone NAAQS is no longer effective after April 6, 2015, the
effective date of the revocation of the 1997 ozone NAAQS. The
amendment to 9VAC5-30-55 added text stating that the primary and
secondary ambient air quality standard of 0.08 ppm shall no longer
apply after April 6, 2015. Virginia also amended the Regulation for
Transportation Conformity and the Regulation for General Conformity
by adding text to 9VAC5-151-20 and 9VAC5-160-30 stating that ``The
provisions of this chapter shall not apply in nonattainment and
maintenance areas that were designated nonattainment or maintenance
under a Federal standard that has been revoked.''
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On February 16, 2018, after EPA had signed the final rulemaking
notice approving Virginia's February 10, 2017 SIP revision, but six
days before it was published in the Federal Register, the Court of
Appeals for the D.C. Circuit issued a decision partially granting
consolidated petitions for judicial review of EPA's March 6, 2015 final
rule and vacating portions of that rule. South Coast Air Quality
Management District v. EPA, 882 F.3d 1138, 1152-53 (D.C. Cir. 2018)
(referred to as ``South Coast II''). The vacatur applies to portions of
EPA's March 6, 2015 final rule that formed the underlying basis for
Virginia's February 10, 2017 SIP revision, including the removal of the
transportation conformity requirements for orphan nonattainment and
maintenance areas.
On February 22, 2018, EPA's final rulemaking notice approving
Virginia's February 10, 2017 SIP revision was published in the Federal
Register. 83 FR 7610. This final rule revised the Virginia SIP,
effective March 26, 2018, to incorporate by reference the amendments to
9VAC5-20-204, 9VAC5-30-55, 9VAC5-151-20, and 9VAC5-160-30 contained in
Virginia's February 10, 2017 SIP revision. However, as stated
previously, the South Coast II decision vacated portions of EPA's March
6, 2015 final rule that were the basis for these amendments. On October
29, 2018, in response to a petition filed by Sierra Club seeking review
of EPA's February 22, 2018 rulemaking pursuant to section 307(b)(1) of
the Act, Sierra Club v. EPA, No. 18-1441 (4th Cir), EPA filed an
Unopposed Motion for Voluntary Remand and Vacatur (the Motion), in the
United States Court of Appeals for the Fourth Circuit (the Court). The
Motion identified those provisions of the February 22, 2018 rulemaking
affected by South Coast II and requested that the Court vacate and
remand the February 22, 2018 rulemaking to EPA. In a November 14, 2018
Order, the Court granted EPA's unopposed request for a voluntary remand
and vacatur (the Order) and entered a judgment that its remand would
not take effect until the Court issued its mandate in accordance with
Fed. R. App. P. 41 (the Judgment). The Court issued its mandate on
January 7, 2019 (the Mandate), announcing that the judgment of the
Court would take effect that day.\4\ Therefore, on January 7, 2019, the
judgment of the Court vacated and remanded EPA's February 22, 2018
final rulemaking to EPA, thereby restoring the Virginia SIP to the
version that existed prior to the effective date of EPA's February 22,
2018 rulemaking. That version of the SIP contains the versions of
9VAC5-20-204, 9VAC5-30-55, 9VAC5-151-20, and 9VAC5-160-30 as they
existed prior to the March 26, 2018 effective date of EPA's February
22, 2018 final action.\5\
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\4\ The Motion, the Order, the Judgment and the Mandate are
included in the docket for this rulemaking action available at
www.regulations.gov, Docket ID Number EPA-R03-OAR-2017-0382.
\5\ On February 27, 2019, Virginia formally withdrew Revision
G16, which formed the based of EPA's February 22, 2018 rulamking.
Consequently, no portion of Revision G16 remains before EPA.
---------------------------------------------------------------------------
In this action, EPA is correcting the codification of the Virginia
SIP in the CFR, to reflect the vacatur of EPA's February 22, 2018 final
rulemaking. This action corrects the CFR to be consistent with the
Court's Judgement by removing the revisions to 9VAC5-20-204, 9VAC5-30-
55, 9VAC5-151-20, and 9VAC5-160-30 that were approved in EPA's now
vacated February 22, 2018 final action. By taking this final action,
the CFR will correctly display the versions of 9VAC5-20-204, 9VAC5-30-
55, 9VAC5-151-20, and 9VAC5-160-30 that are approved in the Virginia
SIP (i.e. the version of the provisions that were approved into the
Virginia SIP prior to the March 26, 2018 effective date of EPA's
February 22, 2018 final rulemaking).
II. Final Action
EPA is correcting the codification of the Virginia SIP in the CFR
to reflect the vacatur of EPA's February 22, 2018 final action. EPA is
taking this action as a final rule without providing an opportunity for
public comment or a public hearing because EPA finds that the
Administrative Procedure Act (APA) good cause exemption applies. In
general, the APA requires that general notice of proposed rulemaking
shall be published in the Federal Register. Such notice must provide an
opportunity for public participation in the rulemaking process.
However, the APA also provides a way for an agency to directly issue a
final rulemaking in certain specific instances. This may occur, in
particular, when an agency for good cause finds (and incorporates the
finding and a brief statement of reasons in the rule issued) that
notice and public procedure thereon are impracticable, unnecessary, or
contrary to the public interest. See 5 U.S.C. 553(b)(3)(B). EPA has
determined that it is not necessary to provide a public hearing or an
opportunity for public comment on this action because the correction of
the CFR to reflect the vacatur of EPA's February 22, 2018 final action
is a necessary ministerial act. The Court, through its Order
referencing the Motion, specifically identified as vacated the
revisions to the Virginia SIP
[[Page 56944]]
that this action removes from display in the CFR and remanded this
matter to EPA. Therefore, removing the affected regulatory text simply
implements the decision of the Court, and it would serve no useful
purpose to provide an opportunity for public comment or a public
hearing on this issue.
In addition, notice-and-comment would be contrary to the public
interest because it would unnecessarily delay the correction of the
Virginia SIP as displayed in the CFR. Such delay could result in
confusion on the part of the regulated industry and state, local, and
tribal air agencies on the actual SIP-approved provisions in the
Virginia SIP.
For these reasons, EPA finds good cause to issue a final rulemaking
pursuant to section 553 of the APA, 5 U.S.C. 553(b)(3)(B). Moreover,
EPA finds that the problems outlined above regarding the effects of
delaying issuance of the rule also provide good cause for not delaying
its effective date. 5 U.S.C. 553(d)(3). Accordingly, the requirement
for a delay in effective date does not apply and the rule will take
effect upon publication in the Federal Register. 5 U.S.C. 553(d).
III. 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.
IV. Statutory and Executive Order Reviews
A. General Requirements
This action merely makes ministerial corrections to the SIP
consistent with state law that EPA had previously approved 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action 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 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
[[Page 56945]]
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 23, 2019. 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 correcting the Virginia SIP to reflect the vacatur
of EPA's February 22, 2018 final rule 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: October 11, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart VV--Virginia
0
2. In Sec. 52.2420, the table in paragraph (c) is amended by revising
the entries for Sections 5-20-204, 5-30-55, 5-151-20, and 5-160-30 to
read as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
Explanation
State citation Title/subject State EPA approval date [former SIP
effective date citation]
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
9 VAC 5, Chapter 20 General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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Part II Air Quality Programs
----------------------------------------------------------------------------------------------------------------
* * * * * * *
5-20-204......................... Nonattainment Areas 3/11/15 8/14/15, 80 FR List of
48730. nonattainment
areas revised to
exclude Northern
Virginia
localities for
fine particulate
matter (PM2.5).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
9 VAC 5, Chapter 30 Ambient Air Quality Standards [Part III]
----------------------------------------------------------------------------------------------------------------
* * * * * * *
5-30-55.......................... Ozone (8-hour, 0.08 11/21/12 6/11/13, 78 FR The 1997 8-hour
ppm). 34915. ozone NAAQS for
purposes of
transportation
conformity is
revoked.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
9 VAC 5, Chapter 151 Transportation Conformity
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part II General Provisions
----------------------------------------------------------------------------------------------------------------
5-151-20......................... Applicability...... 12/31/08 11/20/09, 74 FR ...................
60194.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
9 VAC 5, Chapter 160 General Conformity
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[[Page 56946]]
* * * * * * *
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Part II General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
5-160-30......................... Applicability...... 3/2/11 12/12/11, 76 FR ...................
77150.
* * * * * * *
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* * * * *
[FR Doc. 2019-23133 Filed 10-23-19; 8:45 am]
BILLING CODE 6560-50-P
