Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations 17689 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have determined that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded from further review under 

paragraph 34(g) of Figure 2–1 of the 

Commandant Instruction. An 

environmental analysis checklist 

supporting this determination and a 

Categorical Exclusion Determination are 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and record keeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 1.16 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T11–687 to read as 

follows: 

§ 165.T11–687 Safety Zone: Tesoro 

Terminal Protest: Port of Long Beach 

Harbor; Pacific Ocean, California 

(a) Location. The limits of the safety 

zone are as follows: Encompassing all 

navigable waters of Captain of the Port 

Zone LA–LB from the surface to the sea 

floor, within 100 yards in all direction 

of the following berths in the Port of 

Long Beach: Pier B 76–77, Pier B 84–87, 

and Pier T 121. 

(b) Enforcement Period. This section 

will be enforced throughout the entirety 

of each day from March 13–April 30, 

2015. The general boating public will be 

notified prior to the enforcement of the 

temporary safety zone via Broadcast 

Notice to Mariners. 

(c) Regulations. In accordance with 

the general regulations in § 165.23 of 

this part, vessels are prohibited from 

entering into, transiting through, or 

anchoring within the designated area 

unless authorized by the Captain of the 

Port or her designated representative. 

Sector Los Angeles—Long Beach may be 

contacted on VHF–FM Channel 16 or 

310–521–3801. 

Dated: March 13, 2015. 

J.F. Williams, 

Captain, U.S. Coast Guard, Captain of the 

Port Los Angeles—Long Beach. 

[FR Doc. 2015–07595 Filed 4–1–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0689; FRL–9925–53– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Alabama; 

Infrastructure Requirements for the 

2008 8-Hour Ozone National Ambient 

Air Quality Standards 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve in part and disapprove in part, 

the August 20, 2012, State 

Implementation Plan (SIP) submission, 

provided by the Alabama Department of 

Environmental Management (ADEM) for 

inclusion into the Alabama SIP. This 

final rulemaking pertains to the Clean 

Air Act (CAA or the Act) infrastructure 

requirements for the 2008 8-hour ozone 

national ambient air quality standards 

(NAAQS). The CAA requires that each 

state adopt and submit a SIP for the 

implementation, maintenance and 

enforcement of each NAAQS 

promulgated by EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP submission. ADEM 

certified that the Alabama SIP contains 

provisions that ensure the 2008 8-hour 

ozone NAAQS is implemented, 

enforced, and maintained in Alabama. 

With the exception of provisions 

pertaining to prevention of significant 

deterioration (PSD) permitting, 

interstate transport, and visibility 

protection requirements for which EPA 

is taking no action in this rulemaking, 

and provisions respecting state boards 

for which EPA is taking action to 

disapprove, EPA is taking final action to 

approve Alabama’s infrastructure SIP 

submission provided to EPA on August 

20, 2012, as satisfying the required 

infrastructure elements for the 2008 8- 

hour ozone NAAQS. 

DATES: This rule will be effective May 4, 

2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0689. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information 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 through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section 

(formerly the Regulatory Development 

Section), Air Planning and 

Implementation Branch (formerly the 

Air Planning Branch), Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m. excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Nacosta C. Ward, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9140. 

Ms. Ward can be reached via electronic 

mail at ward.nacosta@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Upon promulgation of a new or 

revised NAAQS, sections 110(a)(1) and 

(2) of the CAA require states to address 

basic SIP requirements, including 

emissions inventories, monitoring, and 

modeling to assure attainment and 

maintenance for that new NAAQS. 

Section 110(a) of the CAA generally 

requires states to make a SIP submission 

to meet applicable requirements in 

order to provide for the implementation, 

maintenance, and enforcement of a new 

or revised NAAQS within three years 

following the promulgation of such 

NAAQS, or within such shorter period 

as EPA may prescribe. These SIP 

submissions are commonly referred to 


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17690 Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations 

1Two elements identified in section 110(a)(2) are 

not governed by the three year submission deadline 

of section 110(a)(1) because SIPs incorporating 

necessary local nonattainment area controls are not 

due within three years after promulgation of a new 

or revised NAAQS, but rather due at the time the 

nonattainment area plan requirements are due 

pursuant to other provisions of the CAA for 

submission of SIP revisions specifically applicable 

for attainment planning purposes. These 

requirements are: (1) Submissions required by 

section 110(a)(2)(C) to the extent that subsection 

refers to a permit program as required in part D 

Title I of the CAA; and (2) submissions required by 

section 110(a)(2)(I) which pertain to the 

nonattainment planning requirements of part D, 

Title I of the CAA. Today’s proposed rulemaking 

does not address infrastructure elements related to 

section 110(a)(2)(I) or the nonattainment planning 

requirements of 110(a)(2)(C). 

2This rulemaking only addresses requirements 

for this element as they relate to attainment areas. 

3As mentioned above, this element is not 

relevant to today’s rulemaking. 

as ‘‘infrastructure’’ SIP submissions. 

Section 110(a) imposes the obligation 

upon states to make an infrastructure 

SIP submission to EPA for a new or 

revised NAAQS, but the contents of that 

submission may vary depending upon 

the facts and circumstances. In 

particular, the data and analytical tools 

available at the time the state develops 

and submits the infrastructure SIP for a 

new or revised NAAQS affect the 

content of the submission. The contents 

of such infrastructure SIP submissions 

may also vary depending upon what 

provisions the state’s existing SIP 

already contains. In the case of the 2008 

8-hour ozone NAAQS, states typically 

have met the basic program elements 

required in section 110(a)(2) through 

earlier SIP submissions in connection 

with previous ozone NAAQS. 

More specifically, section 110(a)(1) 

provides the procedural and timing 

requirements for SIPs. Section 110(a)(2) 

lists specific elements that states must 

meet for infrastructure SIP requirements 

related to a newly established or revised 

NAAQS. As mentioned above, these 

requirements include basic structural 

SIP elements such as modeling, 

monitoring, and emissions inventories 

that are designed to assure attainment 

and maintenance of the NAAQS. The 

requirements of section 110(a)(2) are 

summarized below and in EPA’s 

September 13, 2013, memorandum 

entitled ‘‘Guidance on Infrastructure 

State Implementation Plan (SIP) 

Elements under Clean Air Act Sections 

110(a)(1) and 110(a)(2).’’ 1

• 110(a)(2)(A): Emission Limits and 

Other Control Measures 

• 110(a)(2)(B): Ambient Air Quality 

Monitoring/Data System 

• 110(a)(2)(C): Programs for 

Enforcement of Control Measures and 

for Construction or Modification of 

Stationary Sources 2

• 110(a)(2)(D)(i)(I) and (II): Interstate 

Pollution Transport 

• 110(a)(2)(D)(ii): Interstate Pollution 

Abatement and International Air 

Pollution 

• 110(a)(2)(E): Adequate Resources 

and Authority, Conflict of Interest, and 

Oversight of Local Governments and 

Regional Agencies 

• 110(a)(2)(F): Stationary Source 

Monitoring and Reporting 

• 110(a)(2)(G): Emergency Powers 

• 110(a)(2)(H): SIP revisions 

• 110(a)(2)(I): Plan Revisions for 

Nonattainment Areas 3

• 110(a)(2)(J): Consultation with 

Government Officials, Public 

Notification, and Prevention of 

Significant Deterioration (PSD) and 

Visibility Protection 

• 110(a)(2)(K): Air Quality Modeling 

and Submission of Modeling Data 

• 110(a)(2)(L): Permitting fees 

• 110(a)(2)(M): Consultation and 

Participation by Affected Local Entities 

On January 21, 2015, EPA proposed to 

approve in part and disapprove in part, 

Alabama’s August 20, 2012, 2008 8-hour 

ozone NAAQS infrastructure SIP 

submission with the exception of the 

PSD permitting requirements for major 

sources of sections 110(a)(2)(C) and (J), 

the interstate transport requirements of 

section 110(a)(2)(D)(i)(I) and (II) (prongs 

1 through 4), and the visibility 

requirements of section 110(a)(2)(J), 

which EPA will address in a separate 

action. EPA also proposed to disapprove 

Alabama’s infrastructure submission for 

section 110(a)(2)(E)(ii) pertaining to 

state board requirements. See 80 FR 

2851. 

II. EPA’s Response to Comments 

EPA received one comment on its 

January 21, 2015, proposed action. 

Comment: The commenter suggests 

that the EPA official who signed the 

proposed SIP approval/disapproval, the 

Deputy Regional Administrator for 

Region 4, was not delegated to sign SIP 

actions. 

EPA’s Response: The commenter is 

incorrect. Under CAA section 110(k) the 

EPA Administrator is tasked with acting 

on SIP submittals by approving or 

disapproving the submittal in whole or 

in part. It is the EPA’s policy that, in 

order for other Agency management 

officials to act on behalf of the 

Administrator, the authority must be 

delegated officially. These official 

delegations are recorded in the ‘‘EPA 

Delegations Manual.’’ Under EPA 

Delegation 1–21. Federal Register (1200 

TN 543, 4/22/2002), the EPA 

Administrator has delegated the 

authority to sign and submit proposed 

actions on SIPs for publication in the 

Federal Register to the Assistant 

Administrator for Air and Radiation and 

to Regional Administrators. This 

delegation allows for this authority to be 

redelegated to the Deputies of the 

authorized officials. Based on the 

authority to redelegate provided in 

Delegation 1–21, EPA Region 4 

redelegated the authority to sign and 

submit for publication in the Federal 

Register proposed SIPs to the Deputy 

Regional Administrator (See EPA 

Region 4 Delegation 1–21). Therefore, an 

appropriate EPA official, the Region 4 

Deputy Regional Administrator, signed 

and submitted the proposal to approve 

in part and disapprove in part 

Alabama’s August 20, 2012, 

infrastructure SIP submission. Of note, 

an earlier Delegation 7–10. Approval/

Disapproval of State Implementation 

Plans (1200 TN 441, 5/6/97) did not 

allow redelegation of the authority to act 

on proposed SIP actions beyond the 

Regional Administrator. Since 

Delegation 1–21 post-dates 7–10 and 

specifically addresses the authority at 

issue, the authority to sign and submit 

proposed actions on SIPs for publication 

in the Federal Register, it is the 

applicable delegation. Delegation 1–21 

does not change the limitation on 

redelegation beyond the Regional 

Administrator found in Delegation 7–10 

for final actions on SIPs. 

III. Final Action 

With the exceptions described below, 

EPA is taking final action to approve 

ADEM’s infrastructure SIP submission, 

submitted August 20, 2012, for the 2008 

8-hour ozone NAAQS because it meets 

the above described infrastructure SIP 

requirements. EPA is disapproving in 

part section 110(a)(2)(E)(ii) of Alabama’s 

infrastructure submission because 

Alabama’s August 20, 2012, submission 

did not contain provisions to comply 

with the requirements of section 128 of 

the CAA for state boards. This final 

approval in part and disapproval in 

part, however, does not include the PSD 

permitting requirements for major 

sources of section 110(a)(2)(C) and (J), 

the interstate transport requirements of 

section 110(a)(2)(D)(i)(I) and (II) (prongs 

1 through 4), and the visibility 

requirements of section 110(a)(2)(J), 

which are being addressed by EPA in a 

separate action. With the exceptions 

noted above Alabama has addressed the 

elements of the CAA 110(a)(1) and (2) 

SIP requirements pursuant to section 

110 of the CAA to ensure that the 2008 

8-hour ozone NAAQS is implemented, 

enforced, and maintained in Alabama. 


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Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations 17691 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act 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); 

• 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). 

The SIP is not approved to apply on 

any Indian reservation land 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 as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

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). 

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. This action may not be 

challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: March 19, 2015. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

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 B—Alabama 

■ 2. Section 52.50(e) is amended by 

adding a new entry for ‘‘110(a)(1) and 

(2) Infrastructure Requirements for the 

2008 8-Hour Ozone National Ambient 

Air Quality Standards’’ at the end of the 

table to read as follows: 

§ 52.50 Identification of plan. 

* * * * * 

(e) * * * 

EPA APPROVED ALABAMA NON-REGULATORY PROVISIONS

Name of nonregulatory SIP 

provision 

Applicable 

geographic or 

nonattainment 

area 

State submittal 

date/effective 

date 

EPA approval 

date Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for the 

2008 8-Hour Ozone National Ambient Air Quality 

Standards.

7/17/2012 4/2/2015 [Insert citation 

of publication].

With the exception of PSD permitting requirements for 

major sources of sections 110(a)(2)(C) and (J); interstate 

transport requirements of section 110(a)(2)(D)(i)(I) and 

(II), 110(a)(2)(E)(ii), and the visibility requirements of section 110(a)(2)(J). 

■ 3. Section 52.53 is amended by adding 

paragraph (a), and adding and reserving 

paragraph (b), to read as follows: 

§ 52.53 Approval status. 

* * * * * 

(a) Disapproval. Submittal from the 

State of Alabama, through the Alabama 

Department of Environmental 

Management (ADEM) on August 20, 

2012, to address the Clean Air Act 

(CAA) section 110(a)(2)(E)(ii) for the 

2008 8-hour Ozone National Ambient 

Air Quality Standards concerning state 

board requirements. EPA is 

disapproving section 110(a)(2)(E)(ii) of 

ADEM’s submittal because the Alabama 

SIP lacks provisions respecting state 


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17692 Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations 

boards per section 128 of the CAA for 

the 2008 8-hour Ozone National 

Ambient Air Quality Standards. 

(b) [Reserved] 

[FR Doc. 2015–07349 Filed 4–1–15; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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: powers.marilyn@epa.gov. 

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 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–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 schmitt.ellen@epa.gov. 

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 


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