[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Rules and Regulations]
[Pages 10626-10628]
[FR Doc No: 2018-04422]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0592; FRL-9975-13--Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Amendment to Ambient Air Quality Standard for Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the Commonwealth of Virginia state
implementation plan (SIP). This revision consists of an amendment to
Virginia's SIP to incorporate by reference, the most recent federal
ambient air quality standard for ozone. EPA is approving this revision
in accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on April 11, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2016-0592. All documents in the docket are listed on
the http://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
http://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Gavin Huang,<PHONE_NUMBER>, or by
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On October 26, 2015 (80 FR 65292), EPA revised the primary and
secondary national ambient air quality standards (NAAQS) for ozone to
0.070 parts per million (ppm). The primary and secondary ambient air
quality standards are met at an ambient air quality monitoring site
when the 3-year average of the annual fourth-highest daily maximum 8-
hour average ozone concentration is less than or equal to 0.070 ppm.
    On July 25, 2016, the Commonwealth of Virginia through the Virginia
Department of Environmental Quality (VADEQ) submitted a formal revision
to its SIP. The SIP revision seeks to incorporate the 2015 ozone NAAQS
promulgated by EPA into the Virginia SIP.
    On October 16, 2017 (82 FR 47985 and 82 FR 48035), EPA
simultaneously published a notice of proposed rulemaking (NPR) and a
direct final rule (DFR) for the Commonwealth of Virginia approving the
SIP revision. EPA received adverse comments on the rulemaking and
withdrew the DFR prior to the effective date of December 15, 2017. In
this final rulemaking, EPA is responding to the comments submitted on
the proposed revision to the Virginia SIP and is approving the revision
to the Virginia SIP to incorporate by reference the 2015 ozone NAAQS.

II. Summary of SIP Revision and EPA Analysis

    In the July 25, 2016 SIP submission, Virginia seeks to add
regulation 9VAC5-30-57 ``Ozone (8-hour 0.070 ppm)'' to the Virginia
SIP. This regulation incorporates by reference the 2015 ozone NAAQS as
promulgated by EPA and is consistent with the NAAQS set out in 40 CFR
part 50. See 80 FR 65292 (October 26, 2015).
    Virginia's submittal seeks to add to the Virginia SIP Regulation
9VAC5-30-57 which incorporates by reference the 2015 ozone NAAQS, as
promulgated by EPA. EPA finds the SIP submittal approvable pursuant to
section 110 of the CAA.
    EPA received public comments on the NPR that will be addressed in
section III of this rulemaking.

III. Response to Comments

    During the comment period, EPA received several anonymous comments
on this rulemaking. EPA is responding to the comments submitted on the
proposed revision to the Virginia SIP specific to this action. All
other comments received were either supportive of or not specific to
this action and thus are not addressed here.
    Comment: A commenter stated that EPA should not add the 2015 ozone
standard to any state's SIP as the Administrator has publicly stated
that he intends to repeal the ozone standard. The commenter believes
that the Administrator's announcement can be interpreted as a
promulgation by the Agency, and EPA should not act until the review is
completed. The commenter also stated that EPA must hold off on any
ozone action until a court review is completed.
    Response: EPA disagrees with the comment. Specifically, EPA
disagrees that it has promulgated, or could promulgate, a change to the
2015 ozone NAAQS through any public announcement. If EPA were to decide
to revisit and change the 2015 ozone NAAQS, the existing standards
would remain in place at least until EPA, through public notice and
rulemaking, took final action to make any revisions. States may seek to
incorporate existing NAAQS into their SIPs under CAA section 110. While
judicial review may be pending relating to the 2015 ozone NAAQS,
nothing prohibits a state from incorporating by reference the 2015
ozone NAAQS into its SIP.

IV. Final Action

    EPA is approving the July 25, 2016 Virginia SIP revision submittal
which seeks to add regulation 9VAC5-30-57 ``Ozone (8-hour 0.070 ppm)''
to the Virginia SIP pursuant to section 110 of the CAA. Regulation
9VAC5-30-57 incorporates by reference the 2015 ozone NAAQS which set
the level of the 8-hour ozone standard at 0.070 ppm.

V. 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.

VI. Incorporation by Reference

    In this rule, 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 Virginia
9VAC5-30-57 described in the amendment to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these materials
generally available through http://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). 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 by the Director of the
Federal Register in the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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VII. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land as
defined in 18 U.S.C. 1151 or in any other area where EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a

report containing this action and other required information to the
U.S. Senate, the U.S. House of Representatives, and the Comptroller
General of the United States prior to publication of the rule in the
Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 11, 2018. 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 adding regulation 9VAC5-30-57 ``Ozone (8-hour 0.070
ppm)'' to the Virginia SIP 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, Ozone.

    Dated: February 23, 2018.
Cosmo Servidio,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (c) is amended by adding
the entry ``5-30-57'' in numerical order under the heading ``9 VAC 5,
Chapter 30 Ambient Air Quality Standards [Part III]'' to read as
follows:

Sec.  52.2420  Identification of plan.

* * * * *
    (c) * * *

                                                     EPA-Approved Virginia Regulations and Statutes
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                                                                State
          State citation                Title/subject      effective date             EPA approval date              Explanation [former SIP citation]
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                                              9 VAC 5, Chapter 30 Ambient Air Quality Standards [Part III]
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                                                                      * * * * * * *
5-30-57...........................  Ozone (8-hour, 0.070       06/01/2016  03/12/2018 [Insert Federal Register     .....................................
                                     ppm).                                  citation].

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[FR Doc. 2018-04422 Filed 3-9-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Page 26217]
[FR Doc No: 2017-11650]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-28043]

Hours of Service (HOS) of Drivers; American Pyrotechnics Assoc.
(APA) Application for Exemption From the 14-Hour Rule; Request To Add
New Member to Current APA Exemption; Correction

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for an extension of exemption; request
for comments; correction.

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SUMMARY: The FMCSA published a document in the Federal Register of May
15, 2017 (82 FR 22375), concerning a request for comments on the
American Pyrotechnics Association's request for a member company, Pyro
Shows of Alabama, Incorporated, to be included in an existing
exemption. The document referenced June 14, 2017, in the DATES section
but did not specify the significance of that date, which should have
been the end of the comment period.

DATES: Comments must be received on or before June 14, 2017.

FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, contact Mr. Thomas Yager, Chief, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Correction

    1. In the Federal Register of May 15, 2017 (82 FR 22375), in FR
Doc. 2017-09735, on page 22376, in the first column, correct the DATES
paragraph to read:
    DATES: Comments must be received on or before June 14, 2017.

    Issued on: May 30, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-11650 Filed 6-5-17; 8:45 am]
 BILLING CODE 4910-EX-P