Approval and Promulgation of Air Quality Implementation Plans; Virginia; Infrastructure Requirements for the 2015 Ozone National Ambient Air Quality Standard, 15074-15076 [2020-04853]
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Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2019–0162; FRL10006–19–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Infrastructure Requirements for the
2015 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
formally submitted by the
Commonwealth of Virginia. Whenever
EPA promulgates a new or revised
national ambient air quality standard
(NAAQS or standard), the Clean Air Act
(CAA) requires states to make SIP
submissions to provide for the
implementation, maintenance, and
enforcement of the NAAQS. These
infrastructure requirements are designed
to ensure that the structural components
of each state’s air quality management
program are adequate to meet the state’s
responsibilities under the CAA. EPA is
approving Virginia’s submittal
addressing the following infrastructure
elements, or portions thereof, of section
110(a)(2) of the CAA for the 2015 ozone
NAAQS: CAA section 110(a)(2)(A), (B),
(C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J),
(K), (L), and (M). EPA is approving
Virginia’s submittal as a SIP revision in
accordance with the requirements of
section 110(a) of the CAA.
DATES: This final rule is effective on
April 16, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2019–0162. 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
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SUMMARY:
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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.
SUPPLEMENTARY INFORMATION:
I. Summary of SIP Revision and EPA
Analysis
On December 4, 2019 (84 FR 66361),
EPA published a notice of proposed
rulemaking (NPRM) for the
Commonwealth of Virginia. In the
NPRM, EPA proposed approval of
Virginia’s January 28, 2019 submittal
addressing the following infrastructure
elements, or portions thereof, for the
2015 ozone NAAQS: CAA section
110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii),
(E), (F), (G), (H), (J), (K), (L), and (M). A
detailed summary of EPA’s review and
rationale for approving Virginia’s
submittal may be found in the Technical
Support Document (TSD) for EPA’s
December 4, 2019 NPRM and will not be
restated here.1
II. Public Comments and EPA Response
EPA received one comment on the
December 4, 2019 NPRM. The comment
is included in the docket for this action,
available online at www.regulations.gov,
Docket ID: EPA–R03–OAR–2019–0162.
Comment: On January 3, 2020, EPA
received an anonymous comment on the
December 4, 2019 NPRM. The
commenter suggests that EPA not
approve Virginia’s January 28, 2019
submittal addressing the infrastructure
requirements, or portions thereof, for
the 2015 ozone NAAQS. The
commenter claims that pursuant to a
court holding, which the commenter
does not identify, EPA must
demonstrate that ‘‘it can find the
necessary source from which to draw its
authority.’’ The commenter also
references greenhouse gases and CAA
section 111(d) as the basis for the
objection.
Response: EPA evaluated Virginia’s
January 28, 2019 submittal in
accordance with the statutory
requirements of CAA section 110(a)(2),
as applicable. As explained in the
NPRM and TSD, Virginia’s SIP revision
met the applicable requirements of CAA
section 110(a)(2) for the following
infrastructure elements: CAA section
110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii),
(E), (F), (G), (H), (J), (K), (L), and (M).
The evaluation of Virginia’s SIP
1 The TSD for EPA’s December 4, 2019 NPRM is
available online at www.regulations.gov, Docket ID
Number EPA–R03–OAR–2019–0162.
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submittal does not involve greenhouse
gases or CAA section 111(d). The
commenter has submitted ‘‘comments
consisting of little more than assertions
that in the opinions of the commenters
the agency got it wrong,’’ without also
submitting supporting information for
EPA to evaluate. International Fabricare
Institute v. E.P.A., 972 F.2d 384 (D.C.
Cir. 1992). Accordingly, EPA has not
been persuaded by the comment that it
should change its decision to approve
this SIP submittal.
III. Final Action
EPA finds that Virginia’s January 28,
2019 submittal satisfies the following
infrastructure requirements of CAA
section 110(a)(2) for the 2015 ozone
NAAQS: CAA section 110(a)(2)(A), (B),
(C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J),
(K), (L), and (M). Therefore, EPA is
approving Virginia’s January 28, 2019
submittal addressing the infrastructure
requirements for the 2015 ozone
NAAQS as a revision to the Virginia
SIP.
IV. General Information Pertaining to
SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation
that provides, subject to certain
conditions, for an environmental
assessment (audit) ‘‘privilege’’ for
voluntary compliance evaluations
performed by a regulated entity. The
legislation further addresses the relative
burden of proof for parties either
asserting the privilege or seeking
disclosure of documents for which the
privilege is claimed. Virginia’s
legislation also provides, subject to
certain conditions, for a penalty waiver
for violations of environmental laws
when a regulated entity discovers such
violations pursuant to a voluntary
compliance evaluation and voluntarily
discloses such violations to the
Commonwealth and takes prompt and
appropriate measures to remedy the
violations. Virginia’s Voluntary
Environmental Assessment Privilege
Law, Va. Code Sec. 10.1–1198, provides
a privilege that protects from disclosure
documents and information about the
content of those documents that are the
product of a voluntary environmental
assessment. The Privilege Law does not
extend to documents or information
that: (1) Are generated or developed
before the commencement of a
voluntary environmental assessment; (2)
are prepared independently of the
assessment process; (3) demonstrate a
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Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Rules and Regulations
clear, imminent and substantial danger
to the public health or environment; or
(4) are required by law.
On January 12, 1998, the
Commonwealth of Virginia Office of the
Attorney General provided a legal
opinion that states that the Privilege
law, Va. Code Sec. 10.1–1198, precludes
granting a privilege to documents and
information ‘‘required by law,’’
including documents and information
‘‘required by Federal law to maintain
program delegation, authorization or
approval,’’ since Virginia must ‘‘enforce
Federally authorized environmental
programs in a manner that is no less
stringent than their Federal
counterparts. . . . .’’ The opinion
concludes that ‘‘[r]egarding § 10.1–1198,
therefore, documents or other
information needed for civil or criminal
enforcement under one of these
programs could not be privileged
because such documents and
information are essential to pursuing
enforcement in a manner required by
Federal law to maintain program
delegation, authorization or approval.’’
Virginia’s Immunity law, Va. Code
Sec. 10.1–1199, provides that ‘‘[t]o the
extent consistent with requirements
imposed by Federal law,’’ any person
making a voluntary disclosure of
information to a state agency regarding
a violation of an environmental statute,
regulation, permit, or administrative
order is granted immunity from
administrative or civil penalty. The
Attorney General’s January 12, 1998
opinion states that the quoted language
renders this statute inapplicable to
enforcement of any federally authorized
programs, since ‘‘no immunity could be
afforded from administrative, civil, or
criminal penalties because granting
such immunity would not be consistent
with Federal law, which is one of the
criteria for immunity.’’
Therefore, EPA has determined that
Virginia’s Privilege and Immunity
statutes will not preclude the
Commonwealth from enforcing its
program consistent with the Federal
requirements. In any event, because
EPA has also determined that a state
audit privilege and immunity law can
affect only state enforcement and cannot
have any impact on Federal
enforcement authorities, EPA may at
any time invoke its authority under the
CAA, including, for example, sections
113, 167, 205, 211 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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V. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals 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
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
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15075
where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 18, 2020. 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
approving Virginia’s submittal
addressing the infrastructure
requirements of CAA section
110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii),
(E), (F), (G), (H), (J), (K), (L), and (M) for
the 2015 ozone NAAQS 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.
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Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Rules and Regulations
Dated: February 24, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
Authority: 42 U.S.C. 7401 et seq.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Name of non-regulatory
SIP revision
2. In § 52.2420, the table in paragraph
(e)(1) is amended by adding an entry for
‘‘Section 110(a)(2) Infrastructure
Requirements for the 2015 Ozone
NAAQS’’ at the end of the table to read
as follows:
■
Applicable
geographic
area
State
submittal
date
*
*
*
Section 110(a)(2) InfrastrucStatewide ..........
ture Requirements for the
2015 Ozone NAAQS.
*
*
*
*
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2019–0695; FRL–10005–
36–Region 1]
Air Plan Approval; Massachusetts;
Infrastructure State Implementation
Plan Requirements for the 2015 Ozone
Standard
Correction
In Rule document 2020–03203,
appearing on pages 13748–13755, in the
issue of Tuesday, March 10, 2020, make
the following correction:
■ This document was inadvertently
published and is hereby withdrawn.
[FR Doc. C1–2020–03203 Filed 3–16–20; 8:45 am]
BILLING CODE 1301–00–D
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
khammond on DSKJM1Z7X2PROD with RULES
[Docket No. 200227–0066 and 200221–0062;
RTID 0648–XY076]
Fisheries of the Exclusive Economic
Zone off Alaska; Sablefish Managed
Under the Individual Fishing Quota
Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
16:33 Mar 16, 2020
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Temporary rule; opening.
NMFS is opening directed
fishing for sablefish with fixed gear
managed under the Individual Fishing
Quota (IFQ) Program and the
Community Development Quota (CDQ)
Program. The season will open 1200
hours, Alaska local time (A.l.t.), March
14, 2020, and will close 1200 hours,
A.l.t., November 15, 2020. This period
is the same as the 2020 commercial
halibut fishery opening dates adopted
by the International Pacific Halibut
Commission. The IFQ and CDQ halibut
season is specified by a separate
publication in the Federal Register of
annual management measures.
DATES: Effective 1200 hours, A.l.t.,
March 14, 2020, until 1200 hours, A.l.t.,
November 15, 2020.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: Beginning
in 1995, fishing for Pacific halibut and
sablefish with fixed gear in the IFQ
regulatory areas defined in 50 CFR 679.2
has been managed under the IFQ
Program. The IFQ Program is a
regulatory regime designed to promote
the conservation and management of
these fisheries and to further the
objectives of the Magnuson-Stevens
Fishery Conservation and Management
Act and the Northern Pacific Halibut
Act. Persons holding quota share receive
an annual allocation of IFQ. Persons
receiving an annual allocation of IFQ
are authorized to harvest IFQ species
within specified limitations. Further
information on the implementation of
the IFQ Program, and the rationale
supporting it, are contained in the
preamble to the final rule implementing
the IFQ Program published in the
SUMMARY:
BILLING CODE 6560–50–P
AGENCY:
*
*
3/17/2020, [Insert Federal
Register citation].
PO 00000
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Fmt 4700
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Identification of plan.
*
*
(e) * * *
(1) * * *
EPA approval date
1/28/2019
ACTION:
[FR Doc. 2020–04853 Filed 3–16–20; 8:45 am]
VerDate Sep<11>2014
*
Subpart VV—Virginia
40 CFR part 52 is amended as follows:
§ 52.2420
*
*
Additional explanation
*
*
This action addresses the following CAA elements: CAA section 110(a)(2)(A), (B), (C),
(D)(i)(II), D(ii), (E), (F), (G), (H), (J), (K),
(L), and (M).
Federal Register, November 9, 1993 (58
FR 59375) and subsequent amendments.
This announcement is consistent with
§ 679.23(g)(1), which requires that the
directed fishing season for sablefish
managed under the IFQ Program be
specified by the Administrator, Alaska
Region, and announced by publication
in the Federal Register. This method of
season announcement was selected to
facilitate coordination between the
sablefish season, chosen by the
Administrator, Alaska Region, and the
halibut season, adopted by the
International Pacific Halibut
Commission (IPHC). The directed
fishing season for sablefish with fixed
gear managed under the IFQ Program
will open 1200 hours, A.l.t., March 14,
2020, and will close 1200 hours, A.l.t.,
November 15, 2020. This period runs
concurrently with the IFQ season for
Pacific halibut announced by the IPHC.
The IFQ and CDQ halibut season will be
specified by a separate publication in
the Federal Register of annual
management measures pursuant to 50
CFR 300.62.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the opening of the sablefish
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]]>Agencies
[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Rules and Regulations]
[Pages 15074-15076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04853]
[[Page 15074]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2019-0162; FRL10006-19-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Infrastructure Requirements for the 2015 Ozone National
Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision formally submitted by the
Commonwealth of Virginia. Whenever EPA promulgates a new or revised
national ambient air quality standard (NAAQS or standard), the Clean
Air Act (CAA) requires states to make SIP submissions to provide for
the implementation, maintenance, and enforcement of the NAAQS. These
infrastructure requirements are designed to ensure that the structural
components of each state's air quality management program are adequate
to meet the state's responsibilities under the CAA. EPA is approving
Virginia's submittal addressing the following infrastructure elements,
or portions thereof, of section 110(a)(2) of the CAA for the 2015 ozone
NAAQS: CAA section 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E),
(F), (G), (H), (J), (K), (L), and (M). EPA is approving Virginia's
submittal as a SIP revision in accordance with the requirements of
section 110(a) of the CAA.
DATES: This final rule is effective on April 16, 2020.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2019-0162. 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. Summary of SIP Revision and EPA Analysis
On December 4, 2019 (84 FR 66361), EPA published a notice of
proposed rulemaking (NPRM) for the Commonwealth of Virginia. In the
NPRM, EPA proposed approval of Virginia's January 28, 2019 submittal
addressing the following infrastructure elements, or portions thereof,
for the 2015 ozone NAAQS: CAA section 110(a)(2)(A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). A
detailed summary of EPA's review and rationale for approving Virginia's
submittal may be found in the Technical Support Document (TSD) for
EPA's December 4, 2019 NPRM and will not be restated here.\1\
---------------------------------------------------------------------------
\1\ The TSD for EPA's December 4, 2019 NPRM is available online
at www.regulations.gov, Docket ID Number EPA-R03-OAR-2019-0162.
_____________________________________-
II. Public Comments and EPA Response
EPA received one comment on the December 4, 2019 NPRM. The comment
is included in the docket for this action, available online at
www.regulations.gov, Docket ID: EPA-R03-OAR-2019-0162.
Comment: On January 3, 2020, EPA received an anonymous comment on
the December 4, 2019 NPRM. The commenter suggests that EPA not approve
Virginia's January 28, 2019 submittal addressing the infrastructure
requirements, or portions thereof, for the 2015 ozone NAAQS. The
commenter claims that pursuant to a court holding, which the commenter
does not identify, EPA must demonstrate that ``it can find the
necessary source from which to draw its authority.'' The commenter also
references greenhouse gases and CAA section 111(d) as the basis for the
objection.
Response: EPA evaluated Virginia's January 28, 2019 submittal in
accordance with the statutory requirements of CAA section 110(a)(2), as
applicable. As explained in the NPRM and TSD, Virginia's SIP revision
met the applicable requirements of CAA section 110(a)(2) for the
following infrastructure elements: CAA section 110(a)(2)(A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). The
evaluation of Virginia's SIP submittal does not involve greenhouse
gases or CAA section 111(d). The commenter has submitted ``comments
consisting of little more than assertions that in the opinions of the
commenters the agency got it wrong,'' without also submitting
supporting information for EPA to evaluate. International Fabricare
Institute v. E.P.A., 972 F.2d 384 (D.C. Cir. 1992). Accordingly, EPA
has not been persuaded by the comment that it should change its
decision to approve this SIP submittal.
III. Final Action
EPA finds that Virginia's January 28, 2019 submittal satisfies the
following infrastructure requirements of CAA section 110(a)(2) for the
2015 ozone NAAQS: CAA section 110(a)(2)(A), (B), (C), (D)(i)(II),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). Therefore, EPA is
approving Virginia's January 28, 2019 submittal addressing the
infrastructure requirements for the 2015 ozone NAAQS as a revision to
the Virginia SIP.
IV. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information that: (1) Are generated or developed
before the commencement of a voluntary environmental assessment; (2)
are prepared independently of the assessment process; (3) demonstrate a
[[Page 15075]]
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. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals 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 under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land as
defined in 18 U.S.C. 1151 or in any other area where EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 18, 2020. 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 approving Virginia's submittal addressing the
infrastructure requirements of CAA section 110(a)(2)(A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) for the
2015 ozone NAAQS 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.
[[Page 15076]]
Dated: February 24, 2020.
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 (e)(1) is amended by adding
an entry for ``Section 110(a)(2) Infrastructure Requirements for the
2015 Ozone NAAQS'' at the end of the table to read as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(e) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable geographic submittal EPA approval date Additional
revision area date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Infrastructure Statewide............... 1/28/2019 3/17/2020, [Insert This action
Requirements for the 2015 Ozone Federal Register addresses the
NAAQS. citation]. following CAA
elements: CAA
section
110(a)(2)(A),
(B), (C),
(D)(i)(II),
D(ii), (E), (F),
(G), (H), (J),
(K), (L), and
(M).
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-04853 Filed 3-16-20; 8:45 am]
BILLING CODE 6560-50-P
