Federal Register / Vol. 79, No. 75 / Friday, April 18, 2014 / Rules and Regulations 21855 

State citation Title/subject 

State 

effective 

date 

EPA approval date and citation 1 Explanations 

74:36:09 Prevention of Significant Deterioration 

* * * * * * * 

74:36:09:02 ..................... Prevention of significant deterioration ..... 6/28/2010 4/18/2014 [Insert Federal Register page 

number where the document begins.].

* * * * * * * 

1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

* * * * * 

[FR Doc. 2014–08615 Filed 4–17–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0191; FRL–9909–60– 

Region–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Revision for GP Big Island, LLC 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the 

Virginia State Implementation Plan 

(SIP). The SIP revision consists of a 

revision to the operating permit for the 

control of visibility-impairing emissions 

from GP Big Island, LLC on a shutdown 

of an individual unit. EPA is approving 

this revision in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on June 17, 

2014 without further notice, unless EPA 

receives adverse written comment by 

May 19, 2014. 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–2013–0191 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–2013–0191, 

Cristina Fernandez, Associate Director, 

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 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– 

0191. 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: Rose 

Quinto, (215) 814–2182, or by email at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 17, 2008, the Commonwealth 

of Virginia submitted a state operating 

permit for the control of visibilityimpairing emissions from GP Big Island 

LLC located in Bedford County, 

Virginia. This permit consists of two 

power boilers (numbers 4 and 5). This 

permit was issued pursuant to Article 

52 (9 VAC–5–40–7550 et seq.) of 9 VAC 

5–40 (Existing Stationary Sources), and 

Article 5 (VAC 5–80–800 et seq.) of 9 

VAC 5–80 (Permits for Stationary 

Sources) of the Commonwealth of 

Virginia Regulations for the Control and 

Abatement of Air Pollution. 

II. Summary of SIP Revision 

On December 21, 2012, the 

Commonwealth of Virginia submitted a 

SIP revision that consists of an 

amendment of the state operating permit 

for GP Big Island, LLC. The 

Commonwealth of Virginia and GP Big 

Island, LLC entered into a mutual 

determination of permanent shutdown 

of an individual unit consisting of the 

number 4 power boiler, in accordance 

with 9 VAC5–20–220 of Virginia’s 

Regulations for the Control and 

Abatement of Air Pollution, regarding 

the shutdown of a stationary source. 

This SIP revision amends the state 

operating permit reflecting control of 

visibility-impairing pollutants in order 


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21856 Federal Register / Vol. 79, No. 75 / Friday, April 18, 2014 / Rules and Regulations 

to reflect the unit shutdown. This 

permit action is for the purpose of the 

shutdown agreement only, and no 

alterations are made to limits for power 

boiler number 5. 

III. 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 

§ 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. 

IV. Final Action 

EPA is approving Virginia’s SIP 

revision that consists of the amended 

permit for GP Big Island, LLC reflecting 

the unit shutdown. Because the unit is 

shutdown permanently and the state 

operating permit has been revised 

accordingly, EPA is approving the 

amended permit as a SIP revision. 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 

17, 2014 without further notice unless 

EPA receives adverse comment by May 

19, 2014. 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. 

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). 


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Federal Register / Vol. 79, No. 75 / Friday, April 18, 2014 / Rules and Regulations 21857 

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 17, 2014. 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 

pertaining to the Virginia SIP revision 

for GP Big Island, LLC, 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. 

Dated: April 4, 2014. 

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 

(d) is amended by revising the entry for 

George Pacific Corporation. The revised 

text reads as follows: 

§ 52.2420 Identification of plan. 

* * * * * 

(d) * * * 

EPA-APPROVED SOURCE SPECIFIC REQUIREMENTS

Source name Permit/order or 

registration No. 

State effective 

date EPA Approval date 40 CFR Part 52 citation 

*******

GP Big Island, LLC Registration No. 

30389.

10/5/12 4/18/14 [Insert page number where the 

document begins].

52.2420(d); BART permit revised to reflect the unit shutdown; replaces permit dated 6/12/08. 

* * * * * * * 

* * * * * 

[FR Doc. 2014–08658 Filed 4–17–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[Docket No. EPA–R02–OAR–2013–0592; 

FRL–9909–65–Region 2] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

York State; Redesignation of Areas for 

1997 Annual and 2006 24-Hour Fine 

Particulate Matter and Approval of the 

Associated Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On June 27, 2013 the New 

York State Department of 

Environmental Conservation (NYSDEC) 

submitted a request for the 

Environmental Protection Agency (EPA) 

to approve the redesignation of the New 

York portion of the New York-N.New 

Jersey-Long Island, NY-NJ-CT 

nonattainment area for the 1997 annual 

and the 2006 24-hour Fine Particle 

(PM2.5) National Ambient Air Quality 

Standards (NAAQS). In conjunction 

with its redesignation request, New 

York submitted a State Implementation 

Plan (SIP) revision containing a 

maintenance plan for the area that 

provides for continued maintenance of 

the 1997 annual and 2006 24-hour PM2.5

NAAQS. The submittals included the 

2007 ammonia (NH3), volatile organic 

compounds (VOC), nitrogen oxides 

(NOX), PM10, direct PM2.5 and sulfur 

dioxide (SO2) emissions inventories 

submitted to meet the comprehensive 

emissions inventory requirements of 

section 172(c)(3) of the Clean Air Act 

(CAA), and accompanying motor 

vehicle emissions budgets. EPA is 

taking final action to approve the 

requested SIP revisions and to 

redesignate the New York portion of the 

New York-N.New Jersey-Long Island, 

NY-NJ-CT nonattainment area to 

attainment for the 1997 annual and the 

2006 24-hour PM2.5 NAAQS. 

DATES: This rule is effective on April 18, 

2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2013–0592. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. Although listed in the electronic 

docket, some information is not publicly 

available, i.e., confidential business 

information (CBI) or other information 


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