Air Plan Approval; Virginia; Revision Listing and Implementing the 2010 Primary Sulfur Dioxide National Ambient Air Quality Standard for the Giles County Nonattainment Area, 59620-59623 [2024-16121]
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Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Rules and Regulations
TABLE 2—EPA-APPROVED OREGON ADMINISTRATIVE RULES (OAR) 1—Continued
State citation
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[FR Doc. 2024–15748 Filed 7–22–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2023–0377; FRL–11783–
03–R1]
Air Plan Approval; Connecticut;
Source Monitoring, Record Keeping
and Reporting; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction.
AGENCY:
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EPA approval
date
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publicly available only in hard copy
form. Publicly available docket
materials are available at https://
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
Region 1 Regional Office, Air and
Radiation Division, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that if at all possible, you
contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays and
facility closures due to COVID–19.
Ariel Garcia, Air Quality Branch, U.S.
Environmental Protection Agency, EPA
Region 1, 5 Post Office Square—Suite
100, (Mail code 05–2), Boston, MA
02109—3912, tel. (617) 918–1660, email
garcia.ariel@epa.gov.
EPA is
making a correction for an inadvertent
error in the regulatory ‘‘Words of
Issuance’’ for the final rule by adding
the missing sentence ‘‘For the reasons
stated in the preamble, EPA amends
part 52 of chapter I, title 40 of the Code
of Federal Regulations as follows:’’, to
read as follows.
EPA has determined that there is good
cause for making this rule final without
prior proposal and opportunity for
comment because we are adding
language that was accidentally omitted.
Thus, notice and public procedure are
unnecessary. We find that this
constitutes good cause under section
553(b)(B) of the Administrative
Procedure Act, 5 U.S.C. 553(b)(B).
SUPPLEMENTARY INFORMATION:
Correction
In FR doc. 2024–14620, beginning on
page 55888 in the Federal Register of
Monday, July 8, 2024, the following
correction is made:
On page 55890, the second column,
immediately before ‘‘PART 52—
APPROVAL AND PROMULGATION OF
IMPLEMENTATION PLANS’’ add the
words of issuance to read as follows:
For the reasons stated in the
preamble, EPA amends part 52 of
chapter I, title 40 of the Code of Federal
Regulations as follows:
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Explanations
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FOR FURTHER INFORMATION CONTACT:
The Environmental Protection
Agency (EPA) is correcting a final rule
that was published in the Federal
Register on July 8, 2024 which will
become effective on August 7, 2024. The
final rule approved State
Implementation Plan (SIP) revisions
submitted by the State of Connecticut
which addresses source monitoring in
Connecticut. The principal revision is
replacement of Regulations of
Connecticut State Agencies (RCSA)
section 22a–174–4 (source monitoring,
record keeping and reporting) with a
new regulation section 22a–174–4a, also
called ‘‘source monitoring, record
keeping and reporting,’’ in the
Connecticut SIP. This source monitoring
SIP revision provides monitoring,
recordkeeping and reporting
requirements to ensure that certain
sources comply with applicable
emissions limitations. This correction
does not change any final action taken
by EPA on July 8, 2024; this action adds
the missing ‘‘Words of Issuance’’
sentence which connects the preamble
to the regulatory text.
DATES: Effective on August 7, 2024.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2023–0377. 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, i.e., 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
SUMMARY:
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State effective
date
Title/subject
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Dated: July 12, 2024.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2024–15820 Filed 7–22–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2024–0027; FRL–11418–
02–R3]
Air Plan Approval; Virginia; Revision
Listing and Implementing the 2010
Primary Sulfur Dioxide National
Ambient Air Quality Standard for the
Giles County Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Commonwealth of
Virginia. The revision consists of an
amendment to the list of Virginia
nonattainment areas to include a newly
designated sulfur dioxide (SO2)
nonattainment area. EPA is approving
this revision to the Virginia SIP in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on
August 22, 2024.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2024–0027. All
documents in the docket are listed on
the 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 www.regulations.gov,
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
availability information.
FOR FURTHER INFORMATION CONTACT:
Serena Nichols, Planning &
Implementation Branch (3AD30), Air &
SUMMARY:
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Radiation Division, U.S. Environmental
Protection Agency, Region III, 1600 John
F Kennedy Boulevard, 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:
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I. Background
On February 22, 2024, EPA published
a notice of proposed rulemaking
(NPRM) for the Commonwealth of
Virginia (89 FR 13302, February 22,
2024). In the NPRM, EPA proposed
approval of Virginia’s amendment to an
existing regulation in the SIP by adding
a sulfur dioxide section for the newly
designated SO2 nonattainment area in a
portion of Giles County. This revision is
needed for the Commonwealth to
implement the 2010 primary SO2
national ambient air quality standard
(NAAQS). Virginia submitted the formal
SIP revision on August 9, 2023.
II. Summary of SIP Revision and EPA
Analysis
The Virginia Department of
Environmental Quality’s (VADEQ’s)
August 9, 2023 SIP submittal proposed
to revise Virginia’s SIP to include
amendments to an existing regulation in
the SIP which add a sulfur dioxide
section for the newly designated SO2
nonattainment area in a portion of Giles
County. The amendments revise a
provision in the Virginia Administrative
Code (VAC), specifically 9VAC5–20–
204 ‘‘Nonattainment areas’’ Subsection
A, with a state effective date of February
15, 2023, which geographically defines
the nonattainment areas by locality for
the criteria pollutants indicated. The
amendments are necessary for
implementing the 2010 primary SO2
NAAQS. The added subdivision at
9VAC5–20–204 A 5, refers to the area as
‘‘Giles County Sulfur Dioxide
Nonattainment Area (part),’’ and defines
it as that part of Giles County bounded
by the lines connecting the coordinate
points as designated in 40 Code of
Federal Regulations (CFR) 81.347. There
are also two minor changes—(1) a nonsubstantive wording change to the
introductory language of 9VAC5–20–
204 A which replaced the word ‘‘below’’
with ‘‘in this subsection’’ so that the
phrase ‘‘Nonattainment areas are
geographically defined below’’ now
reads as ‘‘Nonattainment areas are
geographically defined in this
subsection’’ and (2) shifting ‘‘All other
pollutants’’ from 9VAC5–20–204 A 5 to
9VAC5–20–204 A 6.
Other specific requirements of
Virginia’s August 9, 2023 submittal and
the rationale for EPA’s proposed action
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are explained in the NPRM, and will not
be restated here. No public comments
were received on the NPRM.
III. Final Action
EPA is approving the Virginia SIP
revision adding the ‘‘Giles County
Sulfur Dioxide Nonattainment Area
(part)’’ to Virginia’s list of
nonattainment areas, which the VADEQ
submitted to EPA on August 9, 2023.
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
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other information needed for civil or
criminal enforcement under one of these
programs could not be privileged
because such documents and
information are essential to pursuing
enforcement in a manner required by
Federal law to maintain program
delegation, authorization or approval.’’
Virginia’s Immunity Law, Va. Code
Sec. 10.1–1199, provides that ‘‘[t]o the
extent consistent with requirements
imposed by Federal law,’’ any person
making a voluntary disclosure of
information to a state agency regarding
a violation of an environmental statute,
regulation, permit, or administrative
order is granted immunity from
administrative or civil penalty. The
Attorney General’s January 12, 1998
opinion states that the quoted language
renders this statute inapplicable to
enforcement of any Federally authorized
programs, since ‘‘no immunity could be
afforded from administrative, civil, or
criminal penalties because granting
such immunity would not be consistent
with Federal law, which is one of the
criteria for immunity.’’
Therefore, EPA has determined that
Virginia’s Privilege and Immunity
statutes will not preclude the
Commonwealth from enforcing its
program consistent with the Federal
requirements. In any event, because
EPA has also determined that a state
audit privilege and immunity law can
affect only state enforcement and cannot
have any impact on Federal
enforcement authorities, EPA may at
any time invoke its authority under the
CAA, including, for example, sections
113, 167, 205, 211 or 213, to enforce the
requirements or prohibitions of the state
plan, independently of any state
enforcement effort. In addition, citizen
enforcement under section 304 of the
CAA is likewise unaffected by this, or
any, state audit privilege or immunity
law.
V. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the VADEQ regulation
amending 9VAC5–20–204 to add a new
sulfur dioxide nonattainment area and
two other minor changes as discussed in
section II of this preamble, ‘‘Summary of
SIP Revision and EPA Analysis.’’ The
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
and at the EPA Region III Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
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Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.1
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VI. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
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); and
• 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 Clean Air Act;
1 62
In addition, this rule approving
Virginia’s listing of a newly designated
SO2 nonattainment area into the SIP
does not have tribal implications as
specified by Executive Order 13175 (65
FR 67429, 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.
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The VADEQ did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. The EPA did not perform an
EJ analysis and did not consider EJ in
this action. Consideration of EJ is not
required as part of this action, and there
is no information in the record
inconsistent with the stated goal of
Executive Order 12898 of achieving
environmental justice for people of
color, low-income populations, and
Indigenous peoples.
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 September 23, 2024. 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, revising
Virginia’s list of nonattainment areas to
add a portion of Giles County as a
nonattainment area for the 2010 primary
sulfur dioxide 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, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur Oxides.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 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 entry ‘‘5–
20–204’’ to read as follows:
■
§ 52.2420
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Identification of plan.
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FR 27968 (May 22, 1997).
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EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES
State citation
State effective
date
Title/subject
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Explanation
[former SIP citation]
EPA approval date
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9 VAC 5, Chapter 20 General Provisions
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Part II Air Quality Programs
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5–20–204 .........
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Nonattainment Areas ......
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2/15/23
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7/23/2024, [Insert Federal Register Citation].
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List of nonattainment areas revised to include Giles
County locality for the primary sulfur dioxide
standard.
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AGENCY:
July 23, 2024.
EPA is not accepting public
comment on the review results.
FOR FURTHER INFORMATION CONTACT:
Samuel Hernandez, Environmental
Protection Agency, Office of Ground
Water and Drinking Water, Standards
and Risk Management Division, (Mail
Code 4607M), 1200 Pennsylvania
Avenue NW, Washington, DC 20460;
telephone number: (202) 564–1735;
email address: hernandez.samuel@
epa.gov.
SUPPLEMENTARY INFORMATION:
Abbreviations and acronyms: The
following acronyms and abbreviations
are used throughout this document.
The Safe Drinking Water Act
(SDWA) requires the U.S.
Environmental Protection Agency (EPA
or the agency) to conduct a review every
six years of existing national primary
drinking water regulations (NPDWRs)
and determine which, if any, are
appropriate for revision. The purpose of
the review, called the Six-Year Review,
is to evaluate available information for
regulated contaminants to determine if
any new information on health effects,
treatment technologies, analytical
methods, occurrence, exposure,
implementation, and/or other factors
provides a basis to support a regulatory
revision that would improve or
strengthen public health protection.
While EPA has recently completed
several significant revisions to existing
regulations and other regulatory
revisions are currently underway, based
on this periodic review of all NPDWRs,
there are no additional candidates for
regulatory revision at this time.
2,4-D—2,4-Dichlorophenoxyacetic acid
ADWR—Aircraft Drinking Water Rule
BAT—Best Available Technology
CFR—Code of Federal Regulations
CVOC—Carcinogenic Volatile Organic
Contaminant
CWS—Community Water System
DBCP—1,2-Dibromo-3-Chloropropane
DBP—Disinfection Byproduct
DEHA—Di(2-ethylhexyl)adipate
DEHP—Di(2-ethylhexyl)phthalate
EPA—U.S. Environmental Protection Agency
EQL—Estimated Quantitation Level
FBRR—Filter Backwash Recycling Rule
GWR—Ground Water Rule
HAA5—Haloacetic Acids (five) (sum of
monochloroacetic acid, dichloroacetic
acid, trichloroacetic acid,
monobromoacetic acid, and dibromoacetic
acid)
ICR—Information Collection Request
IRIS—Integrated Risk Information System
LT2—Long-Term 2 Enhanced Surface Water
Treatment Rule
MCLG—Maximum Contaminant Level Goal
MCL—Maximum Contaminant Level
MDBP—Microbial and Disinfection
Byproduct
MDL—Method Detection Limit
MRDLG—Maximum Residual Disinfectant
Level Goal
DATES:
[FR Doc. 2024–16121 Filed 7–22–24; 8:45 am]
ADDRESSES:
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 141
[EPA–HQ–OW–2023–0572; FRL 7946–01–
OW]
National Primary Drinking Water
Regulations; Announcement of the
Results of EPA’s Fourth Review of
Existing Drinking Water Standards
Environmental Protection
Agency (EPA).
ACTION: Results of regulatory review.
SUMMARY:
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MRDL—Maximum Residual Disinfectant
Level
MRL—Minimum Reporting Level
NAS—National Academy of Sciences
NCWS—Non-Community Water System
NDWAC—National Drinking Water Advisory
Council
NPDWR—National Primary Drinking Water
Regulations
NRC—National Research Council
NTP—National Toxicology Program
PCBs—Polychlorinated biphenyls
PCE—Tetrachloroethylene
PQL—Practical Quantitation Limit
PT—Proficiency Testing
PWS—Public Water System
RfD—Reference Dose
RSC—Relative Source Contribution
RTCR—Revised Total Coliform Rule
SDWA—Safe Drinking Water Act
SDWIS—Safe Drinking Water Information
System
SWTR—Surface Water Treatment Rule
TCDD—Tetrachlorodibenzo-p-dioxin
TCE—Trichloroethylene
TCR—Total Coliform Rule
TNCWS—Transient Non-Community Water
System
TTHM—Total Trihalomethanes (sum of four
THMs: chloroform,
bromodichloromethane,
dibromochloromethane, and bromoform)
TT—Treatment Technique
USGS—U.S. Geological Survey
Table of Contents
I. General Information
A. Does this action apply to me?
B. How can I get copies of this document
and other related information?
II. Statutory Requirements for the Six-Year
Review
III. Regulations Included in the Six-Year
Review 4
IV. EPA’s Protocol for Reviewing the
NPDWRs Included in This Action
A. What was EPA’s review process?
B. How did EPA conduct the review of the
NPDWRs?
1. Initial Review
2. Health Effects
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]]>Agencies
[Federal Register Volume 89, Number 141 (Tuesday, July 23, 2024)]
[Rules and Regulations]
[Pages 59620-59623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16121]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2024-0027; FRL-11418-02-R3]
Air Plan Approval; Virginia; Revision Listing and Implementing
the 2010 Primary Sulfur Dioxide National Ambient Air Quality Standard
for the Giles County Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Virginia. The revision consists of an amendment to the list of Virginia
nonattainment areas to include a newly designated sulfur dioxide
(SO2) nonattainment area. EPA is approving this revision to
the Virginia SIP in accordance with the requirements of the Clean Air
Act (CAA).
DATES: This final rule is effective on August 22, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2024-0027. All documents in the docket are listed on
the 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
www.regulations.gov, or please contact the person identified in the For
Further Information Contact section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Serena Nichols, Planning &
Implementation Branch (3AD30), Air &
[[Page 59621]]
Radiation Division, U.S. Environmental Protection Agency, Region III,
1600 John F Kennedy Boulevard, Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814-2053. Ms. Nichols can also be reached via
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On February 22, 2024, EPA published a notice of proposed rulemaking
(NPRM) for the Commonwealth of Virginia (89 FR 13302, February 22,
2024). In the NPRM, EPA proposed approval of Virginia's amendment to an
existing regulation in the SIP by adding a sulfur dioxide section for
the newly designated SO2 nonattainment area in a portion of
Giles County. This revision is needed for the Commonwealth to implement
the 2010 primary SO2 national ambient air quality standard
(NAAQS). Virginia submitted the formal SIP revision on August 9, 2023.
II. Summary of SIP Revision and EPA Analysis
The Virginia Department of Environmental Quality's (VADEQ's) August
9, 2023 SIP submittal proposed to revise Virginia's SIP to include
amendments to an existing regulation in the SIP which add a sulfur
dioxide section for the newly designated SO2 nonattainment
area in a portion of Giles County. The amendments revise a provision in
the Virginia Administrative Code (VAC), specifically 9VAC5-20-204
``Nonattainment areas'' Subsection A, with a state effective date of
February 15, 2023, which geographically defines the nonattainment areas
by locality for the criteria pollutants indicated. The amendments are
necessary for implementing the 2010 primary SO2 NAAQS. The
added subdivision at 9VAC5-20-204 A 5, refers to the area as ``Giles
County Sulfur Dioxide Nonattainment Area (part),'' and defines it as
that part of Giles County bounded by the lines connecting the
coordinate points as designated in 40 Code of Federal Regulations (CFR)
81.347. There are also two minor changes--(1) a non-substantive wording
change to the introductory language of 9VAC5-20-204 A which replaced
the word ``below'' with ``in this subsection'' so that the phrase
``Nonattainment areas are geographically defined below'' now reads as
``Nonattainment areas are geographically defined in this subsection''
and (2) shifting ``All other pollutants'' from 9VAC5-20-204 A 5 to
9VAC5-20-204 A 6.
Other specific requirements of Virginia's August 9, 2023 submittal
and the rationale for EPA's proposed action are explained in the NPRM,
and will not be restated here. No public comments were received on the
NPRM.
III. Final Action
EPA is approving the Virginia SIP revision adding the ``Giles
County Sulfur Dioxide Nonattainment Area (part)'' to Virginia's list of
nonattainment areas, which the VADEQ submitted to EPA on August 9,
2023.
IV. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information that: (1) are generated or developed
before the commencement of a voluntary environmental assessment; (2)
are prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) are required by law.
On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege Law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts. . . .'' The opinion
concludes that ``[r]egarding Sec. 10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
Virginia's Immunity Law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the CAA is likewise unaffected by
this, or any, state audit privilege or immunity law.
V. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the VADEQ
regulation amending 9VAC5-20-204 to add a new sulfur dioxide
nonattainment area and two other minor changes as discussed in section
II of this preamble, ``Summary of SIP Revision and EPA Analysis.'' The
EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region III Office
(please contact the person identified in the For Further Information
Contact section of this preamble for more information).
[[Page 59622]]
Therefore, these materials have been approved by EPA for inclusion in
the SIP, have been incorporated by reference by EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of EPA's approval, and will
be incorporated by reference in the next update to the SIP
compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VI. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities 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); and
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 Clean Air Act;
In addition, this rule approving Virginia's listing of a newly
designated SO2 nonattainment area into the SIP does not have
tribal implications as specified by Executive Order 13175 (65 FR 67429,
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.
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The VADEQ did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. The EPA
did not perform an EJ analysis and did not consider EJ in this action.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
Executive Order 12898 of achieving environmental justice for people of
color, low-income populations, and Indigenous peoples.
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 September 23, 2024. 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, revising Virginia's list of nonattainment areas to
add a portion of Giles County as a nonattainment area for the 2010
primary sulfur dioxide 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, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur Oxides.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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 entry ``5-20-204'' to read as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
[[Page 59623]]
EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State Explanation [former
State citation Title/subject effective date EPA approval date SIP citation]
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
9 VAC 5, Chapter 20 General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part II Air Quality Programs
----------------------------------------------------------------------------------------------------------------
* * * * * * *
5-20-204................... Nonattainment Areas.. 2/15/23 7/23/2024, [Insert List of nonattainment
Federal Register areas revised to
Citation]. include Giles County
locality for the
primary sulfur
dioxide standard.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-16121 Filed 7-22-24; 8:45 am]
BILLING CODE 6560-50-P
