Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations 34915 

EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP—Continued 

Code of Maryland administrative regulations 

(COMAR) citation 

Title/subject State effective date EPA approval date Additional explanation/ 

citation at 40 CFR 52.1100 

26.11.34.14 ....... Enforcement ................................... 12/17/07 6/11/13; [Insert page number 

where the document begins].

* * * * * * * 

* * * * * 

[FR Doc. 2013–13717 Filed 6–10–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0289; FRL–9822–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Revision to the Classification and 

Implementation of the 2008 Ozone 

National Ambient Air Quality 

Standards for the Northern Virginia 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Virginia State Implementation Plan 

(SIP). The revisions consist of two 

amendments: an amendment to the list 

of nonattainment areas; and an 

amendment to the 1997 National 

Ambient Air Quality Standards 

(NAAQS) for ozone for purposes of 

transportation conformity. EPA is 

approving these revisions to include the 

classification of Northern Virginia as 

‘‘marginal’’ for the 2008 ozone NAAQS, 

and to revoke the 1997 ozone NAAQS 

for the purposes of transportation 

conformity as established by the EPA in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This rule is effective on August 

12, 2013 without further notice, unless 

EPA receives adverse written comment 

by July 11, 2013. 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–2013–0289 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2013–0289, 

Cristina Fernandez, 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 previouslylisted 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–2013– 

0289. 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: 

Gregory Becoat, (215) 814–2036, or by 

email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Summary of SIP Revision 

On March 20, 2013, the 

Commonwealth of Virginia submitted a 

formal revision to its SIP. The SIP 

revision consists of two amendments to 

the Virginia Administrative Code: (1) an 

amendment to the list of nonattainment 

areas in section 9VAC5–20–204, and (2) 

an amendment to the 1997 NAAQS for 

ozone specified in section 9VAC5–30– 

55. The first is an amendment that 

reflects EPA’s rulemaking action on May 

21, 2012 to establish initial air quality 

designations for most areas in the 

United States for the 2008 primary and 

secondary ozone NAAQS (77 FR 30087). 

In this rulemaking action, EPA 

designated the Northern Virginia 

nonattainment area as ‘‘marginal’’ for 

the 2008 ozone NAAQS. The second 

amendment reflects a separate EPA 

rulemaking action also made on May 21, 

2012, in which the EPA provided for the 

revocation of the 1997 ozone NAAQS 

for transportation conformity purposes 

one year after the effective date of 

designations for the 2008 ozone NAAQS 

(77 FR 30160). For Virginia, one year 

after the effective date is July 20, 2013. 


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34916 Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations 

II. 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 § 10.1–1198, precludes 

granting a privilege to documents and 

information ‘‘required by law,’’ 

including documents and information 

‘‘required by Federal law to maintain 

program delegation, authorization or 

approval,’’ since Virginia must ‘‘enforce 

Federally authorized environmental 

programs in a manner that is no less 

stringent than their Federal 

counterparts. . . . ’’ The opinion 

concludes that ‘‘[r]egarding § 10.1–1198, 

therefore, documents or 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. 

III. Final Action 

EPA is approving these revisions to 

the Virginia SIP to incorporate the 

following two amendments: (1) An 

amendment to the list of nonattainment 

areas in section 9VAC5–20–204, and (2) 

an amendment to the 1997 NAAQS for 

ozone, for the purposes of transportation 

conformity, specified in section 9VAC5– 

30–55. 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 August 12, 2013 without 

further notice unless EPA receives 

adverse comment by July 11, 2013. 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. 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 


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Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations 34917 

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 August 12, 2013. 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. This action, 

revising the Virginia SIP to include an 

amendment to the list of nonattainment 

areas, and an amendment to the 1997 

NAAQS for ozone for the purposes of 

transportation conformity 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, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: May 28, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart VV—Virginia 

■ 2. In § 52.2420, the table in paragraph 

(c) is amended by revising the entries 

for Sections 5–20–204 and 5–30–55. The 

revised text reads as follows: 

§ 52.2420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation [former SIP 

citation] 

* * * * * * * 

9 VAC 5, Chapter 20 General Provisions 

* * * * * * * 

Part II Air Quality Programs 

* * * * * * * 

5–20–204 .......... Nonattainment Areas ..................... 11/21/12 6/11/13 [Insert page number where 

the document begins].

The Northern Virginia 8-hour ozone 

nonattainment area is added. 

* * * * * * * 

9 VAC 5, Chapter 30 Ambient Air Quality Standards [Part III] 

* * * * * * * 

5–30–55 ............ Ozone (8-hour, 0.08 ppm) .............. 11/21/12 6/11/13 [Insert page number where 

the document begins].

The 1997 8-hour ozone NAAQS for 

purposes of transportation conformity is revoked. 

* * * * * * * 


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34918 Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations 

* * * * * 

[FR Doc. 2013–13727 Filed 6–10–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R05–OAR–2013–0372; FRL–9821–1] 

Direct Final Approval of Sewage 

Sludge Incinerators State Plan for 

Designated Facilities and Pollutants; 

Indiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving Indiana’s 

State Plan to control air pollutants from 

‘‘Sewage Sludge Incinerators’’ (SSI). The 

Indiana Department of Environmental 

Management (IDEM) submitted the State 

Plan on February 27, 2013. The State 

Plan is consistent with the Emission 

Guidelines (EGs) promulgated by EPA 

on March 21, 2011. This approval 

means that EPA finds that the State Plan 

meets applicable Clean Air Act (Act) 

requirements for subject SSI units. Once 

effective, this approval also makes the 

State Plan Federally enforceable. 

DATES: This direct final rule will be 

effective August 12, 2013, unless EPA 

receives adverse comments by July 11, 

2013. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2013–0372, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: nash.carlton@epa.gov. 

3. Fax: (312) 692–2543. 

4. Mail: Carlton T. Nash, Chief, Toxics 

and Global Atmosphere Section, Air 

Toxics and Assessment Branch (AT– 

18J), U.S. Environmental Protection 

Agency, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. 

5. Hand Delivery: Carlton T. Nash, 

Chief, Toxics and Global Atmosphere 

Section, Air Toxics and Assessment 

Branch (AT–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m. excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2013– 

0372. 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 docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This Facility is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding Federal 

holidays. We recommend that you 

telephone Margaret Sieffert, 

Environmental Engineer, at (312) 353– 

1151 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Margaret Sieffert, Environmental 

Engineer, Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard (AT–18J), Chicago, Illinois 

60604, (312) 353–1151, 

sieffert.margaret@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This SUPPLEMENTARY INFORMATION

section is arranged as follows: 

I. Background 

II. What Does the State plan contain? 

III. Does the State Plan meet the EPA 

requirements? 

IV. What action is EPA taking? 

V. Statutory and Executive Order Reviews 

I. Background 

On March 21, 2011, in accordance 

with sections 111 and 129 of the Act, 

EPA promulgated SSI EGs and 

compliance schedules for the control of 

emissions from existing SSI units. See 

76 FR 15404. EPA codified these 

guidelines at 40 CFR part 60, subpart 

MMMM. They include a model rule at 

40 CFR §§ 60.5085 through 62.5250 that 

States may use to develop their own 

plans. Under that rule, EPA has defined 

an ‘‘SSI unit,’’ in part, as any device that 

combusts sewage sludge for the purpose 

of reducing the volume of the sewage 

sludge by removing combustible matter. 

40 CFR 60.5250 

Under section 111(d) of the Act, EPA 

is required to develop regulations for 

existing sources of noncriteria 

pollutants (i.e., a pollutant for which 

there is no national ambient air quality 

standard) whenever EPA promulgates a 

standard for a new source. This would 

include SSIs. Section 111(d) plans are 

subject to EPA review and approval. 

Under section 129(b)(2) of the Act and 

the EGs at subpart MMMM, States with 

SSIs must submit to EPA plans that 

implement the EGs. The plans must be 

at least as protective as the EGs, which 

are not Federally enforceable until EPA 

approves them (or promulgates a 

Federal Plan for implementation and 

enforcement). 

40 CFR part 60, subpart B contains 

general provisions applicable to the 

adoption and submittal of State Plans 

for subject facilities under section 

111(d), which would include SSIs. On 

February 27, 2013, Indiana submitted its 

SSI State Plan, which EPA received on 

March 1, 2013. This submission 

followed public hearings for 

preliminary adoption of the State rule 

on May 2, 2012 and for final adoption 

on August 1, 2012. The State adopted 

the final rule on October 31, 2012 and 

it became effective on November 1, 

2012. The plan includes State rule 326 

IAC 11–10, which establishes emission 

standards for existing SSI. 


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