[Federal Register Volume 80, Number 141 (Thursday, July 23, 2015)]
[Rules and Regulations]
[Pages 43625-43628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17974]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0759; FRL-9930-96-Region-3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia, Maryland, and Virginia; 2011 Base Year Emissions 
Inventories for the Washington DC-MD-VA Nonattainment Area for the 2008 
Ozone National Ambient Air Quality Standard

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 the 2011 base year carbon monoxide (CO) 
emissions inventories submitted by the District of Columbia, State of 
Maryland, and Commonwealth of Virginia (collectively, the States) for 
the Washington, DC-MD-VA nonattainment area (the DC Area or Area) for 
the 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS). 
EPA is approving the 2011 CO base year emissions inventories for the 
2008 8-hour ozone NAAQS for the DC Area in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: This rule is effective on September 21, 2015 without further 
notice, unless EPA receives adverse written comment by August 21, 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-2014-0759 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-2014-0759, Cristina Fernandez, Associate 
Director,

[[Page 43626]]

Office of Air Program Planning, 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-
2014-0759. 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 
submittals are available at the District of Columbia Department of the 
Environment, Air Quality Division, 1200 1st Street NE., 5th floor, 
Washington, DC 20002; the Maryland Department of the Environment, 1800 
Washington Boulevard, Suite 705, Baltimore, Maryland 21230; and the 
Virginia Department of Environmental Quality, 629 East Main Street, 
Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background
II. Summary of SIP Revision
III. Final Action
IV. General Information Pertaining to SIP Submittals From the 
Commonwealth of Virginia
V. Statutory and Executive Order Reviews

I. Background

    On May 13, 2015 (80 FR 27276), EPA published a direct final 
rulemaking action (DFRN) approving the 2011 base year emissions 
inventories submitted by the District of Columbia Department of the 
Environment (DDOE), the Maryland Department of the Environment (MDE), 
and the Virginia Department of Environmental Quality (VADEQ) for the DC 
Area for the 2008 8-hour ozone NAAQS. See EPA Docket ID number EPA-R03-
OAR-2014-0759 Direct Final Rule-1. The May 13, 2015 DFRN took action on 
the base year inventories submitted by the States for nitrogen oxides 
(NOX) and volatile organic compounds (VOC), but 
inadvertently did not take action on the CO base year inventories that 
were also part of the States' submittal. This rulemaking takes action 
on the CO inventories.

II. Summary of SIP Revision

    On July 17, 2014, DDOE and VADEQ submitted their 2011 base year 
inventories, and on August 4, 2014, MDE submitted its base year 
inventories. As noted, the submissions included 2011 CO inventories, 
which include emissions estimates that cover the general source 
categories of stationary point sources, stationary nonpoint sources, 
nonroad mobile sources, and onroad mobile sources.
    The emissions inventory is developed by the incorporation of data 
from multiple sources. States were required to develop and submit to 
EPA a triennial emissions inventory according to the Consolidated 
Emissions Reporting Rule (CERR) for all source categories (i.e., point, 
nonpoint, nonroad mobile, and on-road mobile). The States developed the 
point source emissions inventory using actual emissions directly 
reported by electric generating unit (EGU) and non-EGU sources in the 
Area. For nonpoint source emissions, emissions were estimated by 
multiplying an emission factor by a known indicator of activity for 
each source category in the county (or county-equivalent). Nonroad 
mobile source emissions were determined using the EPA's NONROAD2008 
model. Onroad mobile source emissions were developed using the EPA's 
highway mobile source emissions model MOVES 2010a. More information 
regarding EPA's review and analysis of the CO inventories for CAA 
requirements is available in the technical support document (TSD) that 
is located in the docket for this rulemaking action.

III. Final Action

    EPA is approving the 2011 base year CO emissions inventories 
submitted by the District of Columbia, Maryland, and Virginia for the 
DC Area for the 2008 8-hour ozone NAAQS as revisions to the States' 
respective SIPs. 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 revisions if adverse 
comments are filed. This rule will be effective on September 21, 2015 
without further notice unless EPA receives adverse comment by August 
21, 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.

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

[[Page 43627]]

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. 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 is not approved to apply in Indian country located in 
the DC Area, 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 September 21, 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.

[[Page 43628]]

    This action approving the 2011 CO emissions inventories for the DC 
Area for the 2008 ozone 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, Carbon monoxide, 
Incorporation by reference, Nitrogen oxides, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: July 10, 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 J--District of Columbia

0
2. In Sec.  52.474, paragraph (f) is revised to read as follows:


Sec.  52.474  Base Year Emissions Inventory.

* * * * *
    (f) EPA approves as a revision to the District of Columbia State 
Implementation Plan the 2011 base year emissions inventory for the 
District of Columbia portion of the Washington, DC-MD-VA 2008 8-hour 
ozone nonattainment area submitted by the District Department of the 
Environment on July 17, 2014. The 2011 base year emissions inventory 
includes emissions estimates that cover the general source categories 
of point sources, non-road mobile sources, area sources, on-road mobile 
sources, and biogenic sources. The pollutants that comprise the 
inventory are carbon monoxide (CO), nitrogen oxides (NOX) 
and volatile organic compounds (VOC).

Subpart V--Maryland

0
3. In Sec.  52.1075, paragraph (o) is revised to read as follows:


Sec.  52.1075  Base year emissions inventory.

* * * * *
    (o) EPA approves as a revision to the Maryland State Implementation 
Plan the 2011 base year emissions inventory for the Maryland portion of 
the Washington, DC-MD-VA 2008 8-hour ozone nonattainment area submitted 
by the Maryland Department of Environment on August 4, 2014. The 2011 
base year emissions inventory includes emissions estimates that cover 
the general source categories of point sources, non-road mobile 
sources, area sources, on-road mobile sources, and biogenic sources. 
The pollutants that comprise the inventory are carbon monoxide (CO), 
nitrogen oxides (NOX) and volatile organic compounds (VOC).

Subpart VV--Virginia

0
4. In Sec.  52.2425, paragraph (g) is revised to read as follows:


Sec.  52.2425  Base Year Emissions Inventory.

* * * * *
    (g) EPA approves as a revision to the Virginia State Implementation 
Plan the 2011 base year emissions inventory for the Virginia portion of 
the Washington, DC-MD-VA 2008 8-hour ozone nonattainment area submitted 
by the Virginia Department of Environmental Quality on July 17, 2014. 
The 2011 base year emissions inventory includes emissions estimates 
that cover the general source categories of point sources, non-road 
mobile sources, area sources, on-road mobile sources, and biogenic 
sources. The pollutants that comprise the inventory are carbon monoxide 
(CO), nitrogen oxides (NOX) and volatile organic compounds 
(VOC).

[FR Doc. 2015-17974 Filed 7-22-15; 8:45 am]
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