Air Plan Approval; Virginia; Revision to the Classification and Implementation of the 2015 Ozone National Ambient Air Quality Standard for the Northern Virginia Nonattainment Area, 71214-71216 [2021-27100]
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Federal Register / Vol. 86, No. 238 / Wednesday, December 15, 2021 / Proposed Rules
was stored. Additionally, the
amendments remove the phrase
‘‘Beginning July 1, 2016’’ from 25 Pa.
Code 123.22(a)(2)(iii), which is the
section that allows for the temporary
suspension of the sulfur limit in fuel oil
under specific circumstances. This
regulation will therefore allow for the
continued temporary sale of fuel with
higher sulfur levels in accordance with
the provisions approved by EPA in the
current Pennsylvania SIP. Because the
substance of the current approved SIP
will not be changed with respect to
these temporary suspension provisions,
EPA is only taking comment on
PADEP’s revision that deletes the phrase
‘‘Beginning July 1, 2016’’ with respect to
these provisions.
This proposed SIP revision to
implement low sulfur fuel oil provisions
is expected to reduce regional haze and
visibility impairment in Pennsylvania.
Additionally, decreased emissions of
SO2 will contribute to the attainment,
maintenance, or both, of the SO2 and
PM2.5 NAAQS in Pennsylvania and the
MANE–VU region.
III. Proposed Action
EPA has determined that
Pennsylvania’s proposed SIP revisions
to 40 CFR 52.2020(c)(1), which
incorporate amendments made to 25 Pa.
Code Chapter 123.22 will lower the
maximum allowable sulfur content limit
in No. 2 fuel oil and lighter combusted
or sold in Pennsylvania and aid in
reducing SO2 emissions. These
emissions are a cause of regional haze
and reducing them will help to attain
the SO2 and PM2.5 NAAQS. EPA is
proposing to approve the September 4,
2020 Pennsylvania SIP revision which
amends commercial No. 2 fuel oil and
lighter sulfur limits for combustion and
sale in Pennsylvania. EPA is soliciting
public comments on the issues
discussed in this document. These
comments will be considered before
taking final action.
khammond on DSKJM1Z7X2PROD with PROPOSALS
IV. Incorporation by Reference
In this document, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
Pennsylvania’s maximum allowable
sulfur content limit for No. 2 and lighter
commercial fuel oil regulation described
in 25 PA. Code Chapter 123. EPA has
made, and will continue to make, these
materials generally available through
https://www.regulations.gov and at the
EPA Region III Office (please contact the
person identified in the FOR FURTHER
VerDate Sep<11>2014
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section of this
preamble for more information).
INFORMATION CONTACT
V. Statutory and Executive Order
Reviews
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 proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed rule
regarding commercial fuel oil sulfur
limits for combustion and sale in the
Commonwealth of Pennsylvania, does
not have tribal implications as specified
by Executive Order 13175 (65 FR 67249,
PO 00000
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Fmt 4702
Sfmt 4702
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter, Regional
Haze, Sulfur oxides.
Dated: December 8, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021–27101 Filed 12–14–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2021–0606; FRL–9176–01–
R3]
Air Plan Approval; Virginia; Revision to
the Classification and Implementation
of the 2015 Ozone National Ambient
Air Quality Standard for the Northern
Virginia Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the Commonwealth of
Virginia. This revision consists of an
amendment to an existing regulation
which adds a new section listing the
localities that comprise the Northern
Virginia ozone nonattainment area,
which is classified as marginal for the
2015 8-hour ozone national ambient air
quality standard (NAAQS). This action
is being taken under the Clean Air Act
(CAA).
DATES: Written comments must be
received on or before January 14, 2022.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2021–0606 at https://
www.regulations.gov, or via email to
Gordon.Mike@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
SUMMARY:
E:\FR\FM\15DEP1.SGM
15DEP1
Federal Register / Vol. 86, No. 238 / Wednesday, December 15, 2021 / Proposed Rules
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Serena Nichols, 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)
814–2053. Ms. Nichols can also be
reached via electronic mail at
Nichols.Serena@epa.gov.
SUPPLEMENTARY INFORMATION: On August
28, 2020, the Virginia Department of
Environmental Quality (VADEQ)
submitted a revision to its SIP amending
an existing regulation by adding a new
section listing the localities that
comprise the Northern Virginia ozone
nonattainment area, which is classified
as marginal for the 2015 8-hour ozone
NAAQS. This revision is needed for the
Commonwealth to implement the 2015
8-hour ozone NAAQS in the Northern
Virginia ozone nonattainment area.
khammond on DSKJM1Z7X2PROD with PROPOSALS
I. Background
Under the CAA, EPA establishes
NAAQS for criteria pollutants 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
public health than the previous 1979 1hour ozone NAAQS. In 2008, EPA
strengthened the 8-hour ozone NAAQS
VerDate Sep<11>2014
16:40 Dec 14, 2021
Jkt 256001
from 0.08 to 0.075 ppm. See 73 FR
16436 (March 27, 2008). In 2015, EPA
further refined the 8-hour ozone
NAAQS from 0.075 ppm to 0.070 ppm.
The 0.070 ppm standard is referred to as
the 2015 8-hour ozone NAAQS. See 80
FR 65452 (October 26, 2015).
On June 4, 2018 and July 25, 2018,
EPA designated nonattainment areas for
the 2015 8-hour ozone NAAQS. 83 FR
25776 and 83 FR 35136. Effective
August 3, 2018, the Washington, DCMD-VA area was designated as marginal
nonattainment for the 2015 8-hour
ozone NAAQS. The Virginia portion of
the Washington, DC-MD-VA
nonattainment area comprises Arlington
County, Fairfax County, Loudoun
County, Prince William County,
Alexandria City, Fairfax City, Falls
Church City, Manassas City, and
Manassas Park City, Virginia. See 40
CFR 81.347. Virginia defines their
portion of the Washington, DC-MD-VA
nonattainment area as the ‘‘Northern
Virginia ozone nonattainment area.’’
II. Summary of SIP Revision and EPA
Analysis
Virginia’s August 28, 2020 SIP
revision consists of an amendment to an
existing regulation which adds a new
section listing the localities that
comprise the Northern Virginia ozone
nonattainment area, which is classified
as marginal for the 2015 ozone NAAQS.
The amendments revise the Virginia
Administrative Code (VAC), specifically
9VAC5–20–204 (Nonattainment areas)
Subsection A, which geographically
defines the nonattainment areas by
locality for the criteria pollutants
indicated. The amendments are
necessary for implementation of the
2015 ozone NAAQS. The added
subdivision, 9VAC5–20–204 A 4,
defines the Northern Virginia marginal
ozone nonattainment area for the 2015
8-hour ozone standard as including the
following areas: Arlington County,
Fairfax County, Loudoun County, Prince
William County, Alexandria City,
Fairfax City, Falls Church City,
Manassas City, and Manassas Park City.
A reference is also added to subsection
a of 40 CFR 51.1303, which pertains to
the application of classification and
attainment date provisions for areas
designated nonattainment for the 2015
8-hour ozone NAAQS.
III. Proposed Action
EPA is proposing to approve the
Virginia SIP revision amending the
subsection listing the localities that
comprise the Northern Virginia ozone
nonattainment area for the 2015 8-hour
ozone NAAQS, which was submitted on
August 28, 2020. EPA is soliciting
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71215
public comments on the issues
discussed in this document. These
comments will be considered before
taking final action.
IV. General Information Pertaining to
SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation
that provides, subject to certain
conditions, for an environmental
assessment (audit) ‘‘privilege’’ for
voluntary compliance evaluations
performed by a regulated entity. The
legislation further addresses the relative
burden of proof for parties either
asserting the privilege or seeking
disclosure of documents for which the
privilege is claimed. Virginia’s
legislation also provides, subject to
certain conditions, for a penalty waiver
for violations of environmental laws
when a regulated entity discovers such
violations pursuant to a voluntary
compliance evaluation and voluntarily
discloses such violations to the
Commonwealth and takes prompt and
appropriate measures to remedy the
violations. Virginia’s Voluntary
Environmental Assessment Privilege
Law, Va. Code Sec. 10.1–1198, provides
a privilege that protects from disclosure
documents and information about the
content of those documents that are the
product of a voluntary environmental
assessment. The Privilege Law does not
extend to documents or information
that: (1) Are generated or developed
before the commencement of a
voluntary environmental assessment; (2)
are prepared independently of the
assessment process; (3) demonstrate a
clear, imminent and substantial danger
to the public health or environment; or
(4) are required by law.
On January 12, 1998, the
Commonwealth of Virginia Office of the
Attorney General provided a legal
opinion that states that the Privilege
law, Va. Code Sec. 10.1–1198, precludes
granting a privilege to documents and
information ‘‘required by law,’’
including documents and information
‘‘required by Federal law to maintain
program delegation, authorization or
approval,’’ since Virginia must ‘‘enforce
Federally authorized environmental
programs in a manner that is no less
stringent than their Federal
counterparts. . . .’’ The opinion
concludes that ‘‘[r]egarding § 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
E:\FR\FM\15DEP1.SGM
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Federal Register / Vol. 86, No. 238 / Wednesday, December 15, 2021 / Proposed Rules
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.
khammond on DSKJM1Z7X2PROD with PROPOSALS
V. Statutory and Executive Order
Reviews
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 proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
VerDate Sep<11>2014
16:40 Dec 14, 2021
Jkt 256001
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, amending the section listing
the localities that comprise the Northern
Virginia ozone nonattainment area, 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 revising the
section listing the localities that
comprise the Northern Virginia ozone
nonattainment area, 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: December 8, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021–27100 Filed 12–14–21; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
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Fmt 4702
Sfmt 4702
AGENCY FOR INTERNATIONAL
DEVELOPMENT
48 CFR Parts 727, 742, and 752
RIN 0412–AA90
USAID Acquisition Regulation: United
States Agency for International
Development (USAID) Acquisition
Regulation (AIDAR): Planning,
Collection, and Submission of Digital
Information as Well as Submission of
Activity Monitoring, Evaluation, and
Learning Plans to USAID
U.S. Agency for International
Development.
ACTION: Proposed rule.
AGENCY:
The United States Agency for
International Development (USAID)
seeks public comment on a proposed
rule that implements USAID
requirements for managing digital
information data as a strategic asset to
inform the planning, design,
implementation, monitoring, and
evaluation of the Agency’s foreign
assistance programs. This proposed rule
incorporates a new policy on Digital
Information Planning, Collection, and
Submission Requirements and the
corresponding clause, as well as a new
clause entitled ‘‘Activity Monitoring,
Evaluation, and Learning Plan
Requirements’’ into the (AIDAR). This
proposed rule is intended to reduce the
burden on contractors, increase
efficiency, and improve the use of data
and other forms of digital information
across the Agency’s programs and
operations.
DATES: Comments must be received no
later than February 14, 2022.
ADDRESSES: Submit comments,
identified by the title of the action and
Regulatory Information Number (RIN)
through the Federal eRulemaking Portal
at https://www.regulations.gov by
following the instructions for submitting
comments. Please include your name,
company name (if any), and ‘‘0412–
AA90’’ on any attachments. If your
comment cannot be submitted using
https://www.regulations.gov, please
email the point of contact in the FOR
FURTHER INFORMATION CONTACT section of
this document for alternate instructions.
FOR FURTHER INFORMATION CONTACT:
Marcelle Wijesinghe, USAID M/OAA/P,
at 202–916–2606 or policymailbox@
usaid.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
A. Instructions
All comments must be in writing and
submitted through the method specified
in the ADDRESSES section above. All
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]]>Agencies
[Federal Register Volume 86, Number 238 (Wednesday, December 15, 2021)]
[Proposed Rules]
[Pages 71214-71216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27100]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0606; FRL-9176-01-R3]
Air Plan Approval; Virginia; Revision to the Classification and
Implementation of the 2015 Ozone National Ambient Air Quality Standard
for the Northern Virginia Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
Commonwealth of Virginia. This revision consists of an amendment to an
existing regulation which adds a new section listing the localities
that comprise the Northern Virginia ozone nonattainment area, which is
classified as marginal for the 2015 8-hour ozone national ambient air
quality standard (NAAQS). This action is being taken under the Clean
Air Act (CAA).
DATES: Written comments must be received on or before January 14, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2021-0606 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is
[[Page 71215]]
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission
methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Serena Nichols, 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-
2053. Ms. Nichols can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION: On August 28, 2020, the Virginia Department
of Environmental Quality (VADEQ) submitted a revision to its SIP
amending an existing regulation by adding a new section listing the
localities that comprise the Northern Virginia ozone nonattainment
area, which is classified as marginal for the 2015 8-hour ozone NAAQS.
This revision is needed for the Commonwealth to implement the 2015 8-
hour ozone NAAQS in the Northern Virginia ozone nonattainment area.
I. Background
Under the CAA, EPA establishes NAAQS for criteria pollutants 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 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. See 73 FR
16436 (March 27, 2008). In 2015, EPA further refined the 8-hour ozone
NAAQS from 0.075 ppm to 0.070 ppm. The 0.070 ppm standard is referred
to as the 2015 8-hour ozone NAAQS. See 80 FR 65452 (October 26, 2015).
On June 4, 2018 and July 25, 2018, EPA designated nonattainment
areas for the 2015 8-hour ozone NAAQS. 83 FR 25776 and 83 FR 35136.
Effective August 3, 2018, the Washington, DC-MD-VA area was designated
as marginal nonattainment for the 2015 8-hour ozone NAAQS. The Virginia
portion of the Washington, DC-MD-VA nonattainment area comprises
Arlington County, Fairfax County, Loudoun County, Prince William
County, Alexandria City, Fairfax City, Falls Church City, Manassas
City, and Manassas Park City, Virginia. See 40 CFR 81.347. Virginia
defines their portion of the Washington, DC-MD-VA nonattainment area as
the ``Northern Virginia ozone nonattainment area.''
II. Summary of SIP Revision and EPA Analysis
Virginia's August 28, 2020 SIP revision consists of an amendment to
an existing regulation which adds a new section listing the localities
that comprise the Northern Virginia ozone nonattainment area, which is
classified as marginal for the 2015 ozone NAAQS. The amendments revise
the Virginia Administrative Code (VAC), specifically 9VAC5-20-204
(Nonattainment areas) Subsection A, which geographically defines the
nonattainment areas by locality for the criteria pollutants indicated.
The amendments are necessary for implementation of the 2015 ozone
NAAQS. The added subdivision, 9VAC5-20-204 A 4, defines the Northern
Virginia marginal ozone nonattainment area for the 2015 8-hour ozone
standard as including the following areas: Arlington County, Fairfax
County, Loudoun County, Prince William County, Alexandria City, Fairfax
City, Falls Church City, Manassas City, and Manassas Park City. A
reference is also added to subsection a of 40 CFR 51.1303, which
pertains to the application of classification and attainment date
provisions for areas designated nonattainment for the 2015 8-hour ozone
NAAQS.
III. Proposed Action
EPA is proposing to approve the Virginia SIP revision amending the
subsection listing the localities that comprise the Northern Virginia
ozone nonattainment area for the 2015 8-hour ozone NAAQS, which was
submitted on August 28, 2020. EPA is soliciting public comments on the
issues discussed in this document. These comments will be considered
before taking final action.
IV. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information that: (1) Are generated or developed
before the commencement of a voluntary environmental assessment; (2)
are prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) are required by law.
On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts. . . .'' The opinion
concludes that ``[r]egarding Sec. 10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by
[[Page 71216]]
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
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 proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP, amending the section listing the localities that comprise
the Northern Virginia ozone nonattainment area, 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
revising the section listing the localities that comprise the Northern
Virginia ozone nonattainment area, 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: December 8, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021-27100 Filed 12-14-21; 8:45 am]
BILLING CODE 6560-50-P
