[Federal Register Volume 80, Number 157 (Friday, August 14, 2015)]
[Rules and Regulations]
[Pages 48730-48733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20023]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2015-0454; FRL-9932-35-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Movement of the Northern Virginia Area From Virginia's
Nonattainment Area List to its Maintenance Area List
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Virginia State Implementation
Plan (SIP). The revisions move the localities (Counties of Arlington,
Fairfax, Loudon, and Prince William; Cities of Alexandria, Fairfax,
Falls Church, Manassas, and Manassas Park) of Northern Virginia from
Virginia's list of nonattainment areas to its list of maintenance areas
for fine particulate matter (PM2.5). EPA is approving these
revisions in accordance with the requirements of the Clean Air Act
(CAA).
DATES: This rule is effective on October 13, 2015 without further
notice, unless EPA receives adverse written comment by September 14,
2015. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2015-0454 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: [email protected].
C. Mail: EPA-R03-OAR-2015-0454, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Air Protection Division, Mail
code 3AP30, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2015-0454. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI, or otherwise protected, through www.regulations.gov or email.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. 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
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Virginia Department of Environmental Quality, 629
East Main Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Particle pollution, or particulate matter, is a mixture of solid
particles and liquid droplets found in the air. Particle pollution
includes ``inhalable coarse particles,'' with diameters larger than 2.5
micrometers and smaller than 10 micrometers and ``fine particles,''
with diameters that are 2.5 micrometers and smaller. Due to their small
size, these particles often contribute to adverse health effects. EPA
is required to set National Ambient Air Quality Standards (NAAQS) under
the authority of the CAA, for the purpose of controlling particle
pollution. The first NAAQS for PM2.5 were established on
July 16, 1997 (62 FR 38652). EPA promulgated an annual standard at a
level of 15 micrograms per cubic meter ([mu]g/m\3\), based on a three-
year average of annual mean PM2.5 concentrations (the 1997
annual PM2.5 standard). In the same rulemaking action, EPA
promulgated a 24-hour standard of 65 [mu]g/m\3\, based on a three-year
average of the 98th percentile of 24-hour concentrations.
EPA published air quality area designations for the 1997
PM2.5 standards on January 5, 2005. In its rulemaking
action, EPA designated the Washington, DC-MD-VA Area as nonattainment
for the 1997 annual PM2.5 standard. The Washington, DC-MD-VA
area (Washington Area) is composed of the District of Columbia;
Arlington, Fairfax, Loudoun, and Prince William Counties and the cities
of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park in
Virginia (the Northern Virginia area); and Charles, Frederick,
Montgomery,
[[Page 48731]]
and Prince George's Counties in Maryland.
The District of Columbia Department of the Environment (DDOE), the
Maryland Department of the Environment (MDE), and the Virginia
Department of Environmental Quality (VADEQ), (collectively, the
States), collaborated to develop redesignation requests and maintenance
plans for the Washington Area for the 1997 annual PM2.5
NAAQS. EPA received the 1997 annual PM2.5 redesignation
requests and maintenance plans for the Washington Area from DDOE on
June 3, 2013, from MDE on July 10, 2013, and from VADEQ on June 3,
2013. The Washington Area maintenance plan included motor vehicle
emissions budgets (MVEBs) for PM2.5 and nitrogen oxides
(NOX) for the Washington Area for the 1997 annual
PM2.5 standard, which EPA approved for transportation
conformity purposes. The emissions inventories included in the
Washington Area maintenance plans were subsequently supplemented by the
States to provide for emissions estimates of volatile organic compounds
(VOC) and ammonia. The supplemental inventories were submitted to EPA
on July 22, 2013 by DDOE, on July 26, 2013 by MDE, and on July 17, 2013
by VADEQ.
On October 6, 2014 (79 FR 60081), the EPA approved the States'
redesignation requests and maintenance plans for the Washington Area,
including Northern Virginia, for the 1997 annual PM2.5
standard. Therefore, the designation of the Northern Virginia area, as
part of the Washington Area, was changed from nonattainment to
attainment. Subsequently, Virginia changed its lists of areas in
nonattainment and maintenance within its regulations, located in 9 VAC5
Chapter 20, to reflect EPA's redesignation of the Washington Area.
II. Summary of SIP Revision
On June 1, 2015, the Commonwealth of Virginia submitted a formal
revision to its SIP. The SIP revision consists of a regulatory change
that moves the Northern Virginia area (Counties of Arlington, Fairfax,
Loudoun, and Prince William; Cities of Alexandria, Fairfax, Falls
Church, Manassas, and Manassas Park), which was part of the Washington
Area, from the list of nonattainment areas found in regulation 9 VAC 5-
20-204 to the list of maintenance areas found in regulation 9 VAC 5-20-
203.
III. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information that: (1) Are generated or developed
before the commencement of a voluntary environmental assessment; (2)
are prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) are required by law.
On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege Law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts. . . .'' The opinion
concludes that ``[r]egarding Sec. 10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides
that ``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the CAA is likewise unaffected by
this, or any, state audit privilege or immunity law.
IV. Final Action
EPA is approving the proposed regulatory amendment which moves the
localities in Northern Virginia (Counties of Arlington, Fairfax,
Loudoun, and Prince William; Cities of Alexandria, Fairfax, Falls
Church, Manassas, and Manassas Park) from the list of nonattainment
areas found in regulation 9 VAC 5-20-204 to the list of maintenance
areas found in regulation 9 VAC 5-20-203. EPA finds this revision to
the SIP is in accordance with CAA requirements, including sections 107
and 110 of the CAA.
EPA is publishing this rule without prior proposal because EPA
views this as a noncontroversial amendment and anticipates no adverse
comment. However, in the ``Proposed Rules'' section of today's Federal
Register, EPA is publishing a separate document that will serve as the
proposal to approve the SIP revision if adverse comments are filed.
This rule will be effective on October 13, 2015 without further notice
unless EPA receives adverse comment by September 14, 2015. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a
[[Page 48732]]
second comment period on this action. Any parties interested in
commenting must do so at this time. Please note that if EPA receives
adverse comment on an amendment, paragraph, or section of this rule and
if that provision may be severed from the remainder of the rule, EPA
may adopt as final those provisions of the rule that are not the
subject of an adverse comment.
V. Incorporation by Reference
In this rulemaking action, the EPA is finalizing regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of changes to 9 VAC5 Chapter 20, specifically 9VAC5-20-203
and 9VAC5-20-204, described in the amendments to 40 CFR part 52 set
forth below. The EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(See the ADDRESSES section of this preamble for more information).
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 Order
12866 (58 FR 51735, October 4, 1993);
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 rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP revision applies to Northern Virginia and does not
apply in Indian country, and EPA notes that it will not impose
substantial direct costs on tribal governments or preempt tribal law.
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 October 13, 2015. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking action. This action, which moves the localities in Northern
Virginia within the Washington Area (Counties of Arlington, Fairfax,
Loudoun, and Prince William; Cities of Alexandria, Fairfax, Falls
Church, Manassas, and Manassas Park) from the list of nonattainment
areas found in regulation 9 VAC 5-20-204 to the list of maintenance
areas found in regulation 9 VAC 5-20-203, 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, Particulate matter.
Dated: August 4, 2015.
William C. Early,
Acting, Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart VV--Virginia
0
2. In Sec. 52.2420, the table in paragraph (c) is amended by revising
the entries for Sections 5-20-203 and 5-20-204. The revised text reads
as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
[[Page 48733]]
EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State
State citation Title/Subject effective EPA Approval date Explanation [former SIP
date citation]
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
9 VAC 5, Chapter 20............. General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part II......................... Air Quality Programs
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
5-20-203........................ Air Quality 3/11/15 8/14/15 [Insert List of maintenance
Maintenance. Federal Register areas revised to
Areas.............. Citation]. include Northern
Virginia localities
for fine particulate
matter (PM2.5).
5-20-204........................ Nonattainment Areas 3/11/15 8/14/15 [Insert List of nonattainment
Federal Register areas revised to
Citation]. exclude Northern
Virginia localities
for fine particulate
matter (PM2.5).
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2015-20023 Filed 8-13-15; 8:45 am]
BILLING CODE 6560-50-P