[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Rules and Regulations]
[Pages 17692-17696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07372]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0040; FRL-9925-46-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; State Boards Requirements; Infrastructure Requirements for 
the 2008 Lead and Ozone and 2010 Nitrogen Dioxide and Sulfur Dioxide 
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the Virginia State Implementation 
Plan (SIP). The revisions consist of adding a new regulation from the 
Virginia Administrative Code and a revised regulation which includes 
new, associated definitions. This rulemaking action also approves an 
infrastructure element directly related to the regulations being added 
for several previously submitted infrastructure SIPs for the 2008 Lead 
(Pb) National Ambient Air Quality Standards (NAAQS), the 2008 Ozone 
(O3) NAAQS, the 2010 Nitrogen Dioxide (NO2) 
NAAQS, and the 2010 Sulfur Dioxide (SO2) NAAQS. EPA is 
approving these revisions in accordance with the requirements of the 
Clean Air Act (CAA).

DATES: This rule is effective on June 1, 2015 without further notice, 
unless EPA receives adverse written comment by May 4, 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-2015-0040 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-2015-0040, Marilyn Powers, Acting Associate 
Director, Office of Air Program Planning, Air Protection Division, 
Mailcode 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-
2015-0040. 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: Ellen Schmitt, (215) 814-5787, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 128 of the CAA requires SIPs to include certain 
requirements regarding State Boards; section 110(a)(2)(E)(ii) of the 
CAA also references these requirements. Section 128(a) requires SIPs to 
contain provisions that: (1) Any board or body which approves permits 
or enforcement orders under the CAA shall have at least a majority of 
its members represent the public interest and not derive any 
significant portion of their income from persons subject to permits or 
enforcement orders under the CAA; and (2) any potential conflict of 
interest by members of such board or body or the head of an executive 
agency with similar powers be adequately disclosed.
    On December 22, 2014, the Virginia Department of Environmental 
Quality (VADEQ) submitted a formal revision to its SIP for the 
Commonwealth of Virginia. The SIP revision consists of adding a new 
regulation, 9VAC5-170-210(A), and adding new, associated definitions to 
9VAC5-170-20, all of which pertain to the conflict of interest 
requirements of CAA sections 128 and 110(a)(2)(E)(ii) for all criteria 
pollutants of the NAAQS.
    In addition, this rulemaking action approves the section 
110(a)(2)(E)(ii) infrastructure element from the following Virginia 
infrastructure SIP submittals for each identified NAAQS: March 9, 2012 
for the 2008 Pb NAAQS, July 23, 2012 for the 2008 O3 NAAQS, 
May 30, 2013 for 2010 NO2 NAAQS, and June 23, 2014 for the 
2010 SO2 NAAQS (collectively, the Four Submittals). For the 
Four Submittals, EPA had previously approved those submittals as 
addressing certain requirements in section 110(a)(2) and specifically 
stated EPA would take later, separate action on the requirements in 
section 110(a)(2)(E)(ii) (which requires a state's SIP to meet the 
requirements of CAA section 128) for each of the NAAQS addressed.

II. Summary of SIP Revision

    Virginia's December 22, 2014 SIP revision submittal consists of 
adding the new regulation, 9VAC5-170-210(A), and two new related 
definitions, ``Disclosure form'' and ``Potential conflict of 
interest,'' to 9VAC5-170-20. Regulation 9VAC5-170-210(A) requires

[[Page 17693]]

that the board (referring to the State Air Pollution Control Board 
(SAPCB) or its designated representative) and the director (referring 
to the director of the VADEQ or a designated representative) shall 
adequately disclose any potential conflicts of interest. The regulation 
also requires that such disclosure be made annually, as required by 
section 2.2-3114 of the Code of Virginia, and through the applicable 
disclosure forms set forth in sections 2.2-3117 and 2.2-3118 of the 
Code of Virginia. The added regulation also states that all terms used 
in the disclosure forms shall retain their meaning as set forth under 
the Virginia State and Local Conflict of Interests Act (section 2.2-
3100 et seq. of the Code of Virginia) which includes the disclosure 
forms previously described in sections 2.2-3117 and 2.2-3118 of the 
Code of Virginia. In the Commonwealth of Virginia, only the SAPCB and 
the director of VADEQ (or their respective designated representatives) 
have the power to approve CAA permits and enforcement orders.

III. The State Boards Requirements and EPA's Analysis of Virginia's 
Submittals

    As previously stated, section 128 of the CAA requires that SIPs 
include provisions which provide: (1) Any board or body which approves 
permits or enforcement orders under the CAA have at least a majority of 
its members represent the public interest and not derive any 
significant portion of their income from persons subject to permits or 
enforcement orders under the CAA; and (2) any potential conflict of 
interest by members of such board or body or the head of an executive 
agency with similar powers be adequately disclosed.
    For section 128(a)(1), Virginia previously submitted the provisions 
of Section 10.1-1302 of the Code of Virginia as a SIP revision on June 
11, 2010; this SIP revision was subsequently approved by EPA on October 
11, 2011. See 76 FR 62635.
    To address requirements in section 128(a)(2), Virginia submitted 
the provisions of 9VAC5-170-210 on December 22, 2014. This regulation 
requires members of the SAPCB (or designated representatives) and the 
director of VADEQ (or a designated representative) to disclose any 
potential conflicts of interest. Virginia's regulation includes the 
board and the director (or their respective designated representatives) 
because only the SAPCB and the director have the authority to approve 
permits or enforcement orders under the CAA in Virginia. The regulation 
also requires that such disclosures be made annually through the 
applicable forms set forth in section 2.2-3100 et seq. of the Code of 
Virginia. Additionally, the SIP revision adds the terms ``Disclosure 
form'' and ``Potential conflict of interest'' to 9VAC5-170-20. 
``Disclosure form'' is defined as the financial statement required by 
section 2.2-3114 of the Code of Virginia, which requires nonsalaried 
members of all policy and supervisory boards (including the SAPCB) and 
other persons occupying offices or positions of trust or employment in 
state government (including the director of VADEQ) to file the relevant 
disclosure form set forth in sections 2.2-3117 and 2.2-3118 in the Code 
of Virginia.
    ``Potential conflict of interest'' is also newly defined in 9VAC5-
170-20 as a ``personal interest'' per section 2.2-3101 of the Code of 
Virginia, which defines ``personal interest'' as a financial benefit or 
liability accruing to an officer, employee, or an immediate family 
member which includes: (1) Three percent or more ownership in a 
business, (2) annual income exceeding $5,000 from ownership in a 
property or business, (3) salary, other compensation, fringe benefits, 
or benefits from using the property paid by a business or governmental 
agency that exceed $5,000 annually, (4) ownership of a property 
exceeding $5,000 in value, excluding ownership in a business, income, 
salary, other compensation, fringe benefits, or benefits from using the 
property, (5) personal liability incurred on behalf of a business 
exceeding three percent of the business's asset value, or (6) an option 
for ownership of a business or property if the ownership will consist 
of numbers (1) or (4) above.
    EPA finds that 9VAC5-170-210 and the revised definitions in 9VAC5-
170-20 require members of Virginia's board and the head of Virginia's 
executive agency (both of which have powers to approve CAA permits or 
enforcement orders) to adequately disclose potential conflicts of 
interest. Thus, the December 22, 2014 SIP submittal addresses the 
requirements in section 128(a)(2).

IV. Infrastructure Requirements and EPA's Analysis of Virginia's 
Submittals

    Whenever new or revised NAAQS are promulgated, the CAA requires 
states to submit a plan for the implementation, maintenance, and 
enforcement of such NAAQS. The plan is required to address basic 
program elements including, but not limited to, regulatory structure, 
monitoring, modeling, legal authority, and adequate resources necessary 
to assure attainment and maintenance of the standards. These elements 
are referred to as infrastructure requirements. In particular, the 
infrastructure requirements of section 110(a)(2)(E)(ii) require that 
each state's SIP meet the requirements of section 128.
    On the following dates, and for the applicable NAAQS, Virginia 
submitted infrastructure SIP submittals to meet the requirements of CAA 
section 110(a)(2): March 9, 2012 for the 2008 Pb NAAQS, July 23, 2012 
for the 2008 O3 NAAQS, May 30, 2013 for the 2010 
NO2 NAAQS, and June 23, 2014 for the 2010 SO2 
NAAQS.
    EPA has approved these submittals as meeting certain requirements 
or elements in section 110(a)(2) for the applicable NAAQS but has 
stated in each of these approvals that EPA would take later, separate 
action for requirements in section 110(a)(2)(E)(ii).\1\ See 78 FR 58462 
(September 24, 2013) (2008 Pb NAAQS), 79 FR 17043 (March 27, 2014) 
(2008 O3 NAAQS), 79 FR 15012 (March 18, 2014) (2010 
NO2 NAAQS), and 80 FR 11557 (March 4, 2015) (2010 
SO2 NAAQS). See EPA's proposed approvals of Virginia's 
infrastructure SIPs for the 2008 O3 NAAQS and the 2010 
NO2 and SO2 NAAQS for a discussion of EPA's 
approach to reviewing infrastructure SIPs, including EPA's longstanding 
interpretation of the following: Requirements for section 110(a)(1) and 
(2); EPA's interpretation that the CAA allows states to make multiple 
SIP submissions separately addressing infrastructure SIP elements in 
section 110(a)(2) for a specific NAAQS; and the interpretation that EPA 
has the ability to act on separate elements of 110(a)(2) for a NAAQS in 
separate rulemaking actions. 78 FR 39671 (July 2, 2013) (2008 
O3 NAAQS), 78 FR 47264 (August 5, 2013) (2010 NO2 
NAAQS), and 79 FR 49731 (August 22, 2014) (2010 SO2 NAAQS).
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    \1\ EPA has also taken separate action to approve the prevention 
of significant deterioration portions of section 110(a)(2)(C), 
(D)(i)(II), and (J) for the Virginia submittals for three of these 
NAAQS. See 79 FR 10377 (February 25, 2014) (2008 Pb NAAQS) and 79 FR 
58682 (September 30, 2014) (2008 O3 NAAQS and 2010 
NO2 NAAQS).
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    With the December 22, 2014 SIP submittal from Virginia, EPA finds 
that the Virginia SIP adequately addresses all requirements in CAA 
section 128 and section 110(a)(2)(E)(ii).\2\ Thus, EPA is now approving 
the section 110(a)(2)(E)(ii) infrastructure element for the Four 
Submittals for the 2008 Pb, 2008 O3, 2010 NO2, 
and 2010 SO2 NAAQS.
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    \2\ As noted previously, the Virginia SIP already includes a 
provision which addresses section 128(a)(1). See 76 FR 62635.

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[[Page 17694]]

V. Final Action

    EPA is approving Virginia's December 22, 2014 SIP revision that 
addresses the requirements of sections 128 and 110(a)(2)(E)(ii) of the 
CAA for all criteria pollutants of the NAAQS. EPA is also specifically 
approving the following Virginia submittals as addressing the 
requirements in section 110(a)(2)(E)(ii) of the CAA: The March 9, 2012 
submittal for the 2008 Pb NAAQS, the July 23, 2012 submittal for the 
2008 O3 NAAQS, the May 30, 2013 submittal for the 2010 
NO2 NAAQS, and the June 23, 2014 submittal for the 2010 
SO2 NAAQS. 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 June 1, 2015 
without further notice unless EPA receives adverse comment by May 4, 
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 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.

VI. 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.

VII. Incorporation by Reference

    In this rule, 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 9VAC5-
170-210 and related definitions of 9VAC5-170-20 (both regarding 
disclosure of conflict of interests), with a state effective date of 
November 19, 2014. These regulations are discussed in section III of 
this preamble. 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).

VIII. 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

[[Page 17695]]

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 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.

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 June 1, 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, approving regulations meeting section 
128 and approving the infrastructure element E(ii) for four Virginia 
NAAQS submittals, 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, Lead, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: March 13, 2015.
William C. Early,
Acting Regional Administrator, Region III.
    Therefore, 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:
0
a. In the table in paragraph (c), revise the entry for ``Section 5-170-
20.''
0
b. In the table in paragraph (c), add the heading ``Part IX Conflict of 
Interest'' and the entry for ``Section 5-170-210'' in numerical order.
0
c. In the table in paragraph (e), revise the entries for ``Section 
110(a)(2) Infrastructure Requirements for the 2008 Lead NAAQS,'' 
``Section 110(a)(2) Infrastructure Requirements for the 2010 Nitrogen 
Dioxide NAAQS,'' ``Section 110(a)(2) Infrastructure Requirements for 
the 2008 Ozone NAAQS,'' and ``Section 110(a)(2) Infrastructure 
Requirements for the 2010 Sulfur Dioxide NAAQS.''
    The revisions and addition reads as follows:


Sec.  52.2420  Identification of plan.

* * * * *
    (c) * * *

                                 EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                             State                           Explanation [former
          State citation              Title/subject     effective date   EPA approval date      SIP citation]
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                           9 VAC 5, Chapter 170 Regulation for General Administration
        Part I Definitions
 
                                                  * * * * * * *
5-170-20.........................  Terms Defined......        11/19/14  4/2/15 [Insert       Docket #2015-0040.
                                                                         Federal              Revised to add the
                                                                        Register citation].   terms disclosure
                                                                                              form and potential
                                                                                              conflict of
                                                                                              interest.
 
                                                  * * * * * * *
                                          Part IX Conflict of Interest
5-170-210........................  General............        11/19/14  4/2/15 [Insert       Docket #2015-0040.
                                                                         Federal              Does not include
                                                                        Register citation].   subsection B
 

[[Page 17696]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

 
----------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 110(a)(2) Infrastructure   Statewide..........          3/9/12  9/24/13, 78 FR       Docket #2012-0451.
 Requirements for the 2008 Lead                                          58462.               This action
 NAAQS.                                                                                       addresses the
                                                                                              following CAA
                                                                                              elements or
                                                                                              portions thereof:
                                                                                              110(a)(2)(A), (B),
                                                                                              (C) (for
                                                                                              enforcement and
                                                                                              regulation of
                                                                                              minor sources),
                                                                                              (D)(i)(I),
                                                                                              (D)(i)(II) (for
                                                                                              the visibility
                                                                                              protection
                                                                                              portion), (D)(ii),
                                                                                              (E)(i), (E)(iii),
                                                                                              (F), (G), (H),
                                                                                              (J), (K), (L), and
                                                                                              (M).
                                                                3/9/12  2/25/14, 79 FR       Docket #2011-0927.
                                                                         10377.               This action
                                                                                              addresses the
                                                                                              following CAA
                                                                                              elements, or
                                                                                              portions thereof:
                                                                                              110(a)(2)(C),
                                                                                              (D)(i)(II), and
                                                                                              (J) with respect
                                                                                              to the PSD
                                                                                              elements.
                                                              12/22/14  4/2/15 [Insert       Docket #2015-0040.
                                                                         Federal Register     Addresses CAA
                                                                         citation].           element
                                                                                              110(a)(2)(E)(ii).
 
                                                  * * * * * * *
Section 110(a)(2) Infrastructure   Statewide..........         5/30/13  3/18/14, 79 FR       Docket #2013-0510.
 Requirements for the 2010                                               15012.               This action
 Nitrogen Dioxide NAAQS.                                                                      addresses the
                                                                                              following CAA
                                                                                              elements, or
                                                                                              portions thereof:
                                                                                              110(a)(2) (A),
                                                                                              (B), (C),
                                                                                              (D)(i)(II),
                                                                                              (D)(ii), (E)(i),
                                                                                              (E)(iii), (F),
                                                                                              (G), (H), (J),
                                                                                              (K), (L), and (M)
                                                                                              with the exception
                                                                                              of PSD elements.
                                                               5/30/13  9/30/14, 79 FR       Docket #2013-0510.
                                                                         58686.               This action
                                                                                              addresses the
                                                                                              following CAA
                                                                                              elements, or
                                                                                              portions thereof:
                                                                                              110(a)(2)(C),
                                                                                              (D)(i)(II), and
                                                                                              (J) with respect
                                                                                              to the PSD
                                                                                              elements.
                                                              12/22/14  4/2/15 [Insert       Docket #2015-0040.
                                                                         Federal Register     Addresses CAA
                                                                         citation].           element
                                                                                              110(a)(2)(E)(ii).
Section 110(a)(2) Infrastructure   Statewide..........         7/23/12  3/27/14, 79 FR       Docket #2013-0211.
 Requirements for the 2008 Ozone                                         17043.               This action
 NAAQS.                                                                                       addresses the
                                                                                              following CAA
                                                                                              elements, or
                                                                                              portions thereof:
                                                                                              110(a)(2) (A),
                                                                                              (B), (C),
                                                                                              (D)(i)(II),
                                                                                              (D)(ii), (E)(i),
                                                                                              (E)(iii), (F),
                                                                                              (G), (H), (J),
                                                                                              (K), (L), and (M)
                                                                                              with the exception
                                                                                              of PSD elements.
                                                               7/23/12  9/30/14, 79 FR       Docket #2013-0211.
                                                                         58686.               This action
                                                                                              addresses the
                                                                                              following CAA
                                                                                              elements, or
                                                                                              portions thereof:
                                                                                              110(a)(2)(C),
                                                                                              (D)(i)(II), and
                                                                                              (J) with respect
                                                                                              to the PSD
                                                                                              elements.
                                                              12/22/14  4/2/15 [Insert       Docket #2015-0040.
                                                                         Federal Register     Addresses CAA
                                                                         citation].           element
                                                                                              110(a)(2)(E)(ii).
 
                                                  * * * * * * *
Section 110(a)(2) Infrastructure   Statewide..........         6/18/14  3/4/15, 80 FR 11557  Docket #2014-0522.
 Requirements for the 2010 Sulfur                                                             This action
 Dioxide NAAQS.                                                                               addresses the
                                                                                              following CAA
                                                                                              elements, or
                                                                                              portions thereof:
                                                                                              110(a)(2) (A),
                                                                                              (B), (C),
                                                                                              (D)(i)(II)(PSD),
                                                                                              (D)(ii), (E)(i),
                                                                                              (E)(iii), (F),
                                                                                              (G), (H),
                                                                                              (J)(consultation,
                                                                                              notification, and
                                                                                              PSD), (K), (L),
                                                                                              and (M).
                                                              12/22/14  4/2/15 [Insert       Docket #2015-0040.
                                                                         Federal Register     Addresses CAA
                                                                         citation].           element
                                                                                              110(a)(2)(E)(ii).
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[FR Doc. 2015-07372 Filed 4-1-15; 8:45 am]
BILLING CODE 6560-50-P