77150 Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Rules and Regulations 

place, the vendor shall notify the Postal 

Service immediately upon discovery of 

any unauthorized use or disclosure of 

data or any other breach or improper 

disclosure of data of this agreement by 

the provider (as well as its agent 

operating the third-party location) and 

will cooperate with the Postal Service in 

every reasonable way to help the Postal 

Service regain possession of the data 

and prevent its further unauthorized use 

or disclosure. In the event that the 

Postal Service cannot regain possession 

of the data or prevent its further 

unauthorized use or disclosure, the 

provider shall indemnify the Postal 

Service from damages resulting from its 

(or such third-party) actions. 

(e) Have, or establish, and keep under 

its active supervision and control 

adequate facilities for the control, 

distribution, and maintenance of PES 

and their replacement or secure disposal 

or destruction when necessary and 

appropriate. 

Stanley F. Mires, 

Attorney, Legal Policy & Legislative Advice. 

[FR Doc. 2011–31726 Filed 12–9–11; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0872; FRL–9504–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

General Conformity Requirements for 

Federal Agencies Applicable to Federal 

Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Commonwealth of Virginia State 

Implementation Plan (SIP). The revision 

consists of a regulation adopted by 

Virginia to incorporate revisions to 

Federal general conformity 

requirements promulgated in July of 

2006 and in April of 2010. EPA is 

approving this Virginia SIP revision to 

update its state general conformity 

requirements rule for Federal agencies 

applicable to Federal actions (Virginia’s 

General Conformity Rule) to align with 

the Federal General Conformity 

Requirements Rule. This approval 

action is being taken in accordance with 

the requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on February 

10, 2012, without further notice, unless 

EPA receives adverse written comment 

by January 11, 2012. 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–2011–0872 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–2011–0872, 

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 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–2011– 

0872. 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: 

Brian Rehn, (215) 814–2176, or by email 

at rehn.brian@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

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

EPA. The following outline is provided 

to aid in locating information in this 

preamble. 

I. Summary of General Conformity 

Requirements and the SIP Revision 

A. What is general conformity and how 

does it affect air quality? 

II. Virginia’s General Conformity SIP 

Revision 

III. General Information Pertaining to SIP 

Submittals From the Commonwealth of 

Virginia 

IV. What action is EPA taking? 

V. Statutory and Executive Order Reviews 

A. General Requirements 

B. Submission to Congress and the 

Comptroller General 

C. Petitions for Judicial Review 

I. Summary of General Conformity 

Requirements and the SIP Revision 

A. What is general conformity and how 

does it affect air quality? 

The intent of the general conformity 

requirement is to prevent the air quality 

impacts of Federal actions from causing 

or contributing to a violation of a 

National Ambient Air Quality Standard 

(NAAQS) or interfering with the 

purpose of a SIP. Under the CAA as 

amended in 1990, Congress recognized 

that actions taken by Federal agencies 

could affect state and local agencies’ 

abilities to attain and maintain the 

NAAQS. Section 176(c) of the CAA, as 

codified in Title 42 of the United States 

Code (42 U.S.C. 7506), requires Federal 

agencies assure that their actions 

conform to the applicable SIP for 

attaining and maintaining compliance 

with the NAAQS. General conformity is 

defined to apply to NAAQS established 

pursuant to section 109 of the CAA, 

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Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Rules and Regulations 77151 

including NAAQS for carbon monoxide 

(CO), nitrogen dioxide (NO2), ozone, 

particulate matter, and sulfur dioxide 

(SO2). Because certain provisions of 

section 176(c) of the CAA apply only to 

highway and mass transit funding and 

approval actions, EPA published two 

sets of regulations to implement section 

176(c) of the CAA—one set for 

transportation conformity and one set 

for general conformity. The Federal 

General Conformity Requirements Rule 

was published in the November 30, 

1993 edition of the Federal Register (58 

FR 63214) and codified in the Code of 

Federal Regulations at 40 CFR 93.150. 

EPA revised the Federal General 

Conformity Requirements Rule via a 

final rule issued in the April 5, 2006 

edition of the Federal Register (65 FR 

17003). EPA had promulgated a new 

NAAQS in July 1997 (62 FR 38652) that 

established a separate NAAQS for fine 

particulate smaller than 2.5 micrometers 

in diameter (PM2.5). The prior coarse 

particulate matter NAAQS promulgated 

in 1997 pertains to particulate matter 

under 10 micrometers in diameter 

(PM10). EPA’s 2006 revision to the 

Federal General Conformity 

Requirements Rule added requirements 

for PM2.5 for the first time, including 

annual emission limits of PM2.5 above 

which covered federal actions in 

NAAQS nonattainment or maintenance 

areas would be subject to general 

conformity applicability. 

On April 5, 2010, EPA revisited the 

Federal General Conformity 

Requirements Rule to clarify the 

conformity process, authorize 

innovative and flexible compliance 

approaches, remove outdated or 

unnecessary requirements, reduce the 

paperwork burden, provide transition 

tools for implementing new standards, 

address issues raised by Federal 

agencies affected by the rules, and 

provide a better explanation of 

conformity regulations and policies. 

EPA’s April 2010 revised rule simplified 

state SIP requirements for general 

conformity, eliminating duplicative 

general conformity provisions codified 

at 40 CFR part 93 subpart B and 40 CFR 

part 51, subpart W. Finally, the April 

2010 revision updated Federal General 

Conformity Requirements Rule to reflect 

changes to governing laws passed by 

Congress since EPA’s 1993 rule. The 

Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU) passed by 

Congress in 1995 contains a provision 

eliminating the CAA requirement for 

states to adopt general conformity SIPs. 

As a result of SAFETEA–LU, EPA’s 

April 2010 rule eliminated the Federal 

regulatory requirement for states to 

adopt and submit general conformity 

SIPs, instead making submission of a 

general conformity SIP a state option. 

II. Virginia’s General Conformity SIP 

Revision 

On July, 1, 2011, the Commonwealth 

of Virginia submitted a formal revision 

to its SIP. The SIP revision consists of 

Virginia’s General Conformity Rule, 

Revision F10 to the Virginia 

Administrative Code (codified at 9VAC5 

Chapter 160, with an effective date of 

March 2, 2011). The purpose of 

Virginia’s SIP revision is to update the 

Commonwealth’s General Conformity 

Rule to include new Federal general 

conformity requirements promulgated 

on July 17, 2006 (71 FR 40420) and on 

April 5, 2010 (75 FR 17254), described 

above. 

Virginia’s General Conformity Rule 

(9 VAC5 Chapter 160), adopted on 

December 17, 2010 and effective March 

2, 2011 makes numerous changes to the 

prior, SIP-approved version of the 

Virginia General Conformity rule 

(effective January 1, 1998). Specifically, 

these changes include: 

a. Modification of section 5–160–20— 

Definitions to add the terms 

‘‘applicability analysis,’’ ‘‘confidential 

business information (CBI),’’ 

‘‘conformity determination,’’ 

‘‘conformity evaluation,’’ ‘‘continuing 

program responsibility,’’ ‘‘continuous 

program to implement,’’ ‘‘emissions 

inventory,’’ ‘‘mitigation measure,’’ 

‘‘restricted information,’’ and ‘‘take or 

state federal action;’’ 

b. Modification of section 5–160–20— 

Definitions of the terms ‘‘applicable 

implementation plan,’’ ‘‘areawide air 

quality modeling analysis,’’ ‘‘direct 

emissions,’’ ‘‘emissions budgets,’’ 

‘‘EPA,’’ ‘‘Federal Clean Air Act,’’ 

‘‘indirect emissions,’’ ‘‘local air quality 

modeling analysis,’’ ‘‘maintenance 

area,’’ ‘‘metropolitan planning 

organization,’’ ‘‘new source review 

(NSR) program,’’ ‘‘precursors of a 

criteria pollutant,’’ and ‘‘reasonably 

foreseeable emissions;’’ 

c. Modification of section 5–160–20— 

Definitions to delete the terms 

‘‘emissions that a Federal agency has a 

continuing program responsibility for’’ 

and ‘‘regionally significant action;’’ 

d. Modification of section 5–160–30— 

Applicability to reflect that areas newly 

designated nonattainment for a NAAQS 

are subject to conformity one year after 

the nonattainment effective date; and 

adds applicability provisions for PM2.5

nonattainment areas (with respect to de 

minimus applicability limits of SO2, 

nitrogen oxides (NOX), volatile organic 

compounds (VOCs), and ammonia 

emissions); and makes miscellaneous 

updates to Chapter–160–30— 

Applicability to reflect the August 2010 

revised Federal General Conformity 

Rule; 

e. Modification of section 5–160– 

110—General to remove outdated 

provisions; 

f. Retitling and modification of 

Chapter 160–120 to reflect updated 

cross-references and changes in 

terminology; 

g. Modification of section 5–160– 

130—Reporting Requirements to reflect 

to add a section on restricted 

information and CBI provisions and to 

add cross-references to that new section; 

h. Modification of section 5–160– 

140—Public Participation to add a new 

paragraph E addressing treatment of 

restricted information and CBI, and to 

add cross-references to that new section; 

i. Retitling and modification of 

section 5–160–150 to update provisions 

for reevaluation of conformity and to 

update or remove outdated provisions; 

j. Modification of section 5–160– 

160—Criteria for Determining 

Conformity of General Federal Actions 

to update cross references; to allow 

emissions from the action to be 

accounted for in a reasonable progress 

milestone or facility-wide emissions 

budget; and to allow direct and indirect 

emissions from a nonattainment or 

maintenance area to be offset from a 

nearby area of equal or higher 

classification, provided emissions from 

that area contributed to violations in the 

area of the action; and added language 

committing the Virginia Department of 

Environmental Quality (VA DEQ) to 

update its SIP within 18 months of a 

conformity demonstration based on a 

commitment by the Commonwealth to 

include emissions from the action in the 

SIP; 

k. Modification of section 5–160– 

170—Procedures for Conformity 

Demonstrations to make miscellaneous 

minor corrections and to update 

outdated provisions; and to modify the 

cases for which air quality modeling 

analysis apply; 

l. Modification of section 5–160– 

180—Mitigation of Air Quality Impacts 

to update cross-references; 

m. Addition of section 5–160–181— 

Conformity Evaluation for Federal 

Installations With Facility-Wide 

Emission Budgets to facilitate the use of 

facility-wide emissions budgets in 

evaluating conformity; 

n. Addition of section 5–160–182— 

Emissions Beyond the Time Period 

Covered by the Applicable 

Implementation Plan to address how 

Virginia treats Federal agencies that 

demonstrate conformity for an action 

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77152 Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Rules and Regulations 

that causes emissions beyond the time 

period covered by the SIP; 

o. addition of section 5–160–183— 

Timing of Offsets and Mitigation 

Measures to address timing of offsets 

and mitigation with respect to a subject 

federal action, in that such mitigation 

and offsets are to occur at the same time 

as the project emission increases; or in 

the alternative where offsets or 

mitigation are non-contemporaneous 

with the action, that said reductions be 

greater than the resultant emission 

increases at least as great as applicable 

NSR ratios for the area; and that the 

time period for such alternative offset or 

mitigation schedules not exceed two 

times the project period; and that such 

non-contemporaneous offsets shall not 

cause or contribute to a new violation 

of, increase the severity of, or delay 

timely attainment of any NAAQS; 

p. Addition of section 5–160–184— 

Inter-Precursor Mitigation Measures and 

Offsets to allow the use of interprecursor offset and mitigation 

measures, where they are allowed by 

VADEQ under the approved SIP, 

technically justified, and have a 

demonstrated benefit; 

q. Addition of section 5–160–185— 

Early Emission Reduction Credit 

Programs at Federal Facilities and 

Installation Subject to Federal Oversight 

to allow the creation of emissions 

credits prior to the project (meeting VA 

DEQ specified requirements) that may 

then serve as mitigation or offsets for 

demonstrating conformity instead of 

being included as part of the baseline 

emissions analysis for the project; and 

r. Repeal of section 5–160–200, which 

is no longer relevant. 

Virginia’s prior General Conformity 

Rule (9VAC5 Chapter 160, effective 

January 1, 1998) was approved by EPA 

as part of the Virginia SIP via a final rule 

published on January 7, 2003 (68 FR 

663). Virginia’s July 1, 2011 SIP revision 

that is the subject of this action 

supersedes the prior approved Virginia 

SIP. 

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 (1) 

That are generated or developed before 

the commencement of a voluntary 

environmental assessment; (2) that are 

prepared independently of the 

assessment process; (3) that demonstrate 

a clear, imminent and substantial 

danger to the public health or 

environment; or (4) that 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. What action is EPA taking? 

EPA has reviewed Virginia’s July 1, 

2011 SIP revision and found the 

Commonwealth’s SIP to be in 

compliance with section 176(c) of the 

CAA and with the requirements of the 

Federal General Conformity 

Requirements Rule, codified at 40 CFR 

part 93, subpart B. Virginia’s SIP serves 

to reduce the impact of Federal actions 

(not otherwise subject to transportation 

conformity, which is addressed under a 

separate Virginia SIP revision), and will 

prevent subject Federal actions from 

causing or contributing to a new 

violation of a NAAQS, or in interfering 

with attainment or maintenance of a 

NAAQS or otherwise interfering with 

the Virginia SIP. 

Virginia’s July 1, 2011 SIP revision 

meets the requirements set forth in 

section 110 of the CAA with respect to 

adoption and submission of SIP 

revisions. The approval of Virginia’s 

general conformity SIP revision will 

strengthen the Virginia SIP and will 

assist the Commonwealth in complying 

with Federal NAAQS. 

Therefore, EPA is approving 

Virginia’s revision to its general 

conformity SIP. EPA is publishing this 

rule without prior proposal because we 

view this as a noncontroversial 

amendment and anticipate 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 February 10, 2012 without 

further notice unless EPA receives 

adverse comment by January 11, 2012. 

If EPA receives adverse comment, EPA 

will publish a timely withdrawal in the 

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Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Rules and Regulations 77153 

Federal Register informing the public 

that the rule will not take effect. EPA 

will address all public comments in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. Please note that 

if EPA receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

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 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 February 10, 2012. 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 to approve Virginia’s 

general conformity SIP revision 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, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: November 29, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR Part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for 40 CFR 

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 under Chapter 160 by: 

■ a. Revising the chapter title; 

■ b. Removing the two existing entries 

for section 5–160–20. 

■ c. Adding a new entry for section 5– 

160–20 in numerical order. 

■ d. Revising the entries for sections 5– 

160–30 and 5–160–110. 

■ e. Revising the entry for section 5– 

160–120. 

■ f. Revising the entries for sections 5– 

160–130 and 5–160–140. 

■ g. Revising the entries for sections 5– 

160–150 and 5–160–160. 

■ h. Revising the entries for section 5– 

160–170 and 5–160–180. 

■ i. Adding new entries for sections 5– 

160–181, 5–160–182, 5–160–183, 5– 

160–184, and 5–160–185 in numerical 

order. 

■ j. Removing the entry for section 5– 

160–200. 

The amendments read as follows: 

§ 52.2420 Identification of plan. 

* * * * * 

(c) * * * 

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77154 Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Rules and Regulations 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES

State citation Title/subject State effective 

date EPA approval date Explanation [former SIP citation] 

* * * * * * * 

9 VAC 5, Chapter 160 General Conformity 

Part I General Definitions 

* * * * * * * 

5–160–20 Terms defined ............................................................... 3/2/11 12/12/11 [Insert page number where the document 

begins].

Number of terms 

added—10. 

Number of terms revised—11. 

Number of Terms deleted—2. 

Part II General Provisions 

5–160–30 ......... Applicability .................................................................... 3/2/11 12/12/11 [Insert page number where the document 

begins].

* * * * * * * 

Part III Criteria and Procedures for Making Conformity Determinations 

5–160–110 ....... General .......................................................................... 3/2/11 12/12/2011 [Insert page 

number where the document begins].

5–160–120 ....... Federal agency conformity responsibility ...................... 3/2/11 12/12/11 [Insert page number where the document 

begins].

5–160–130 ....... Reporting requirements ................................................. 3/2/11 12/12/11 [Insert page number where the document 

begins].

5–160–140 ....... Public participation ........................................................ 3/2/11 12/12/11 [Insert page number where the document 

begins].

5–160–150 ....... Reevaluation of conformity ............................................ 3/2/11 12/12/11 [Insert page number where the document 

begins].

5–160–160 ....... Criteria for determining conformity of general conformity actions.3/2/11 12/12/11 [Insert page number where the document 

begins].

5–160–170 ....... Procedures for conformity determinations .................... 3/2/11 12/12/11 [Insert page number where the document 

begins].

5–160–180 ....... Mitigation of air quality impacts ..................................... 3/2/11 12/12/11 [Insert page number where the document 

begins].

5–160–181 ....... Conformity evaluation for federal installations with facility-wide emission budgets.3/2/11 12/12/11 [Insert page number where the document 

begins].

5–160–182 ....... Emissions beyond the time period covered by the applicable implementation plan.

3/2/11 12/12/11 [Insert page number where the document 

begins].

5–160–183 ....... Timing of offsets and mitigation measures ................... 3/2/11 12/12/11 [Insert page number where the document 

begins].

5–160–184 ....... Inter-precursor mitigation measures and offsets .......... 3/2/11 12/12/11 [Insert page number where the document 

begins].

5–160–185 ....... Early emission reduction credit programs at federal facilities and installation subject to federal oversight.3/2/11 12/12/11 [Insert page number where the document 

begins].

* * * * * * * 

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Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Rules and Regulations 77155 

* * * * * 

[FR Doc. 2011–31664 Filed 12–9–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2011–0002; Internal 

Agency Docket No. FEMA–B–1228] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Interim rule. 

SUMMARY: This interim rule lists 

communities where modification of the 

Base (1% annual-chance) Flood 

Elevations (BFEs) is appropriate because 

of new scientific or technical data. New 

flood insurance premium rates will be 

calculated from the modified BFEs for 

new buildings and their contents. 

DATES: These modified BFEs are 

currently in effect on the dates listed in 

the table below and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

prior to this determination for the listed 

communities. 

From the date of the second 

publication of these changes in a 

newspaper of local circulation, any 

person has ninety (90) days in which to 

request through the community that the 

Deputy Federal Insurance and 

Mitigation Administrator reconsider the 

changes. The modified BFEs may be 

changed during the 90-day period. 

ADDRESSES: The modified BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street SW., Washington, DC 20472, 

(202) 646–4064, or (email) 

Luis.Rodriguez3@fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

modified BFEs are not listed for each 

community in this interim rule. 

However, the address of the Chief 

Executive Officer of the community 

where the modified BFE determinations 

are available for inspection is provided. 

Any request for reconsideration must 

be based on knowledge of changed 

conditions or new scientific or technical 

data. 

The modifications are made pursuant 

to section 201 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4105, 

and are in accordance with the National 

Flood Insurance Act of 1968, 42 U.S.C. 

4001 et seq., and with 44 CFR part 65. 

For rating purposes, the currently 

effective community number is shown 

and must be used for all new policies 

and renewals. 

The modified BFEs are the basis for 

the floodplain management measures 

that the community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

to remain qualified for participation in 

the National Flood Insurance Program 

(NFIP). 

These modified BFEs, together with 

the floodplain management criteria 

required by 44 CFR 60.3, are the 

minimum that are required. They 

should not be construed to mean that 

the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own or 

pursuant to policies established by other 

Federal, State, or regional entities. The 

changes in BFEs are in accordance with 

44 CFR 65.4. 

National Environmental Policy Act. 

This interim rule is categorically 

excluded from the requirements of 44 

CFR part 10, Environmental 

Consideration. An environmental 

impact assessment has not been 

prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This 

interim rule is not a significant 

regulatory action under the criteria of 

section 3(f) of Executive Order 12866 of 

September 30, 1993, Regulatory 

Planning and Review, 58 FR 51735. 

Executive Order 13132, Federalism. 

This interim rule involves no policies 

that have federalism implications under 

Executive Order 13132, Federalism. 

Executive Order 12988, Civil Justice 

Reform. This interim rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 65 

Flood insurance, Floodplains, 

Reporting and recordkeeping 

requirements. 

Accordingly, 44 CFR part 65 is 

amended to read as follows: 

PART 65—[AMENDED] 

■ 1. The authority citation for part 65 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 65.4 [Amended] 

■ 2. The tables published under the 

authority of § 65.4 are amended as 

follows: 

State and county Location and case 

No. 

Date and name of 

newspaper where notice was 

published 

Chief executive officer of community Effective date of modification 

Community 

No. 

Arkansas: 

Benton ......... City of Bella Vista 

(11–06–1141P).

September 7, 2011; September 14, 2011; The 

Bella Vista Weekly Vista.

The Honorable Frank E. Anderson, 

Mayor, City of Bella Vista, 406 

Town Center Northeast, Bella 

Vista, AR 72714.

January 12, 2012 ...... 050511 

Benton ......... City of 

Bentonville 

(11–06–1914P).

August 30, 2011; September 6, 2011; The 

Benton County Daily 

Record.

The Honorable Bob McCaslin, 

Mayor, City of Bentonville, 117 

West Central Avenue, 

Bentonville, AR 72712.

January 4, 2012 ........ 050012 

Benton ......... Unincorporated 

areas of Benton County 

(11–06–1914P).

August 30, 2011; September 6, 2011; The 

Benton County Daily 

Record.

The Honorable Robert Clinard, 

Benton County Judge, 215 East 

Central Avenue, Bentonville, AR 

72712.

January 4, 2012 ........ 050419 

New Jersey: 

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