Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations 46351 

implementing directive, and this 

section. An MDR request must describe 

the document or material containing the 

requested information with sufficient 

specificity to enable Commission 

personnel to locate it with a reasonable 

amount of effort. Requests for broad 

types of information, entire file series of 

records, or similar non-specific requests 

may be denied processing. The 

Secretary shall notify a requester who 

has submitted a non-specific request 

that no further action will be taken on 

the request unless the requester 

provides additional description. 

(b) Freedom of Information Act and 

Privacy Act requests. (1) Requests for 

records submitted under the Freedom of 

Information Act (‘‘FOIA’’) (5 U.S.C. 

552), as amended, or the Privacy Act of 

1974 (5 U.S.C. 552a), as amended, 

which include classified information 

shall be processed in accordance with 

the provisions of those acts and 

applicable Commission regulations 

(subpart C of this part (FOIA 

regulations); subpart D of this part 

(Privacy Act regulations)). 

(2) If a requester submits a request 

under FOIA and also requests MDR, the 

Secretary shall require the requester to 

select one process or the other. If the 

requester fails to select one or the other 

process, the Secretary will treat the 

request as a FOIA request unless the 

requested materials are subject only to 

MDR. 

(c) Referral of MDR requests. (1) 

Because the Commission does not have 

original classification authority and all 

U.S. originated classified information in 

its custody has been originally classified 

by another Federal agency, the Secretary 

shall refer all requests for MDR and the 

pertinent records to the originating 

agency for review. Following 

consultations with the originating 

agency, the Secretary shall notify the 

requester of the referral unless such 

association is itself classified under 

Executive Order 13526 or its 

predecessor orders. The Secretary shall 

request that the originating agency, in 

accordance with 32 CFR 

2001.33(a)(2)(ii) and 2001.34(e): 

(i) Promptly process the request for 

declassification, 

(ii) Communicate its declassification 

determination to the Secretary, and 

(iii) If the originating agency proposes 

to withhold any information from 

public release, notify the Secretary of 

the specific information at issue and the 

applicable law that authorizes and 

warrants withholding such information. 

(2) Unless a prior arrangement has 

been made with the originating agency, 

the Secretary shall collect the results of 

that agency’s review and inform the 

requester of any final decision regarding 

the declassification of the requested 

information as follows: 

(i) If the originating agency denies 

declassification of the requested 

information in whole or in part, the 

Secretary shall ensure that the decision 

provided to the requester includes 

notification of the right to file an 

administrative appeal with the 

originating agency within 60 days of 

receipt of the denial and the mailing 

address for the appellate authority at the 

originating agency. 

(ii) If the originating agency 

declassifies the requested information in 

whole or in part, the Secretary shall 

determine whether the requested 

declassified information is exempt from 

disclosure, in whole or in part, under 

the provisions of a statutory authority, 

such as the FOIA. The Secretary shall 

inform the requester that an appeal from 

a denial of requested declassified 

information must be received within 60 

days of the date of the letter of denial 

and shall be made to the Commission 

and addressed to the Chairman, United 

States International Trade Commission, 

500 E Street SW., Washington, DC 

20436. 

(d) Foreign Government Information— 

(1) Definitions. ‘‘Foreign government 

information’’ (‘‘FGI’’) means information 

provided to the United States 

Government by a foreign government or 

governments, an international 

organization of governments, or any 

element thereof, with the expectation 

that the information, the source of the 

information, or both, are to be held in 

confidence; information produced by 

the United States Government pursuant 

to or as a result of a joint arrangement 

with a foreign government or 

governments, or an international 

organization of governments, or any 

element thereof, requiring that the 

information, the arrangement, or both, 

are to be held in confidence; or 

information received and treated as FGI 

under the terms of a predecessor of 

Executive Order 13526. 

(2) MDR requests for classified records 

in Commission custody that contain 

FGI. The Commission will handle such 

MDR requests consistent with the 

requirements of Executive Order 13526 

and 32 CFR part 2001. MDR requests for 

FGI initially received or classified by 

another Federal agency shall be referred 

to such agency following the referral 

procedures in paragraph (c) of this 

section. 

(e) Appeals of denials of MDR 

requests. MDR appeals are for the denial 

of classified information only. Appeals 

of denials are handled in accordance 

with 32 CFR 2001.33(a)(2)(iii), which 

provides that the agency appellate 

authority deciding an administrative 

appeal of the denial of an MDR request 

shall notify the requester in writing of 

the reasons for any denial and inform 

the requester of his or her final appeal 

rights to the Interagency Security 

Classification Appeals Panel. 

Issued: August 1, 2014. 

By order of the Commission. 

Jennifer D. Rohrbach, 

Supervisory Attorney. 

[FR Doc. 2014–18685 Filed 8–7–14; 8:45 am] 

BILLING CODE 7020–02–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0160; FRL–9914–70- 

Region 3] 

Commonwealth of Virginia; 

Infrastructure Requirements for the 

1997 8-Hour Ozone and the 1997 and 

2006 Fine Particulate Matter National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendments. 

SUMMARY: The Environmental Protection 

Agency (EPA) is correcting errors in the 

rule language of a final rule pertaining 

to the infrastructure requirements for 

the 1997 8-hour ozone and the 1997 and 

2006 fine particulate matter (PM2.5) 

national ambient air quality standards 

(NAAQS). 

DATES: This final rule is effective on 

August 8, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Schmitt, (215) 814–5787, or by 

email at schmitt.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 11, 2011, EPA published 

a final rulemaking action announcing 

the approval of several infrastructure 

elements for the 1997 ozone, 1997 

PM2.5, and 2006 PM2.5 NAAQS for the 

Commonwealth of Virginia’s State 

Implementation Plan (SIP). 76 FR 

62635. In that final rulemaking, EPA 

approved the addition of section 10.1– 

1302 of the Code of Virginia into the 

Virginia SIP; however, in that 

rulemaking action, EPA inadvertently 

failed to include amendatory language 

which would have added an entry to the 

EPA-approved Virginia regulations table 

at 40 CFR 52.2420(c). This rulemaking 

action corrects that omission. 


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46352 Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations 

Section 553(b)(3)(B) of the 

Administrative Procedure Act provides 

that when an agency, for good cause, 

finds that notice and public procedure 

are impracticable, unnecessary, or 

contrary to the public interest, the 

agency may issue a rule without 

providing notice and an opportunity for 

public comment. EPA has determined 

that there is good cause for making this 

rule final without prior proposal and 

opportunity for comment because EPA 

is merely correcting an errant omission 

of amendatory language from a previous 

rulemaking action. Thus, notice and 

public procedure are unnecessary. EPA 

finds that this constitutes good cause 

under 5 U.S.C. 553(b)(3)(B). 

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 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 PSD, 

NSR, or Title V 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. Statutory and Executive Order 

Reviews 

Under Executive Order (E.O.) 12866 

(58 FR 51735, October 4, 1993), this 

action is not a ‘‘significant regulatory 

action’’ and is therefore not subject to 

review by the Office of Management and 

Budget. For this reason, this action is 

also not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)). Because the agency has made 

a ‘‘good cause’’ finding that this action 

is not subject to notice-and-comment 

requirements under the Administrative 

Procedures Act or any other statute as 

indicated in the Supplementary 

Information section above, it is not 

subject to the regulatory flexibility 

provisions of the Regulatory Flexibility 

Act (5 U.S.C 601 et seq.), or to sections 

202 and 205 of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4). In addition, this action does not 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in sections 203 and 204 of 

UMRA. This rule also does not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000), nor 

will it have substantial direct effects on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of governments, as specified by 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This rule also is not 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997), because it is not 

economically significant. 

This technical correction action does 

not involve technical standards, thus 

the requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. The rule also 

does not involve special consideration 

of environmental justice related issues 

as required by Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

issuing this rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct, as 

required by section 3 of Executive Order 

12988 (61 FR 4729, February 7, 1996). 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1998) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the executive 

order. This rule does not impose an 

information collection burden under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

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 


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Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations 46353 

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. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated previously, EPA had 

made such a good cause finding, 

including the reasons therefore, and 

established an effective date of August 

8, 2014. EPA will submit a report 

containing this rule 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. This correction to 

40 CFR 52.2420 for Virginia is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Dated: July 10, 2014. 

W.C. Early, 

Acting Regional Administrator, Region III. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

For the reasons stated in the 

preamble, 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. Section 52.2420 is amended by 

adding, in numerical order, an entry for 

Section 10.1–1302 under the heading 

‘‘Code of Virginia’’ in the table in 

paragraph (c) to read 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] 

*******

Code of Virginia 

Section 10.1–1302 ......... Qualifications of members of Boards ................... 7/1/08 10/11/11, 76 FR 62635 Section added. 

* * * * * * * 

* * * * * 

[FR Doc. 2014–18639 Filed 8–7–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2014–0575; FRL 9914–88– 

OAR] 

RIN 2060–AS29 

Regulation of Fuels and Fuel 

Additives: Extension of Compliance 

and Attest Engagement Reporting 

Deadlines for 2013 Renewable Fuel 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to extend two reporting deadlines 

for the 2013 compliance period under 

the Renewable Fuel Standard (RFS) 

program. This action specifically affects 

the annual compliance and attest 

engagement reporting requirement 

deadlines for regulated parties. The 

annual compliance reports and attest 

engagement reports for the 2013 RFS 

compliance period will not be due until 

30 days and 90 days, respectively, 

following publication of the final rule 

establishing the 2014 renewable fuel 

percentage standards for cellulosic 

biofuel, biomass-based diesel, advanced 

biofuel and total renewable fuel in the 

Federal Register. This action ensures 

timely amendment of existing 

deadlines, before compliance 

obligations would otherwise go into 

effect. 

DATES: This rule is effective on 

September 29, 2014 without further 

notice, unless the EPA receives adverse 

comment by September 15, 2014. If the 

EPA receives adverse comment, we will 

publish a timely withdrawal notice in 

the Federal Register informing the 

public that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2014–0575, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: a-and-r-docket@epa.gov. 

• Mail: Air and Radiation Docket and 

Information Center, Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460. 

• Hand Delivery: EPA Docket Center, 

EPA West Building, Room 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460. 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–HQ–OAR–2014– 

0575. The 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 the 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 the EPA without 


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