Federal Register / Vol. 87, No. 37 / Thursday, February 24, 2022 / Proposed Rules 10325 

Law, Va. Code Sec. 10.1–1198, provides 

a privilege that protects from disclosure 

documents and information about the 

content of those documents that are the 

product of a voluntary environmental 

assessment. The Privilege Law does not 

extend to documents or information 

that: (1) Are generated or developed 

before the commencement of a 

voluntary environmental assessment; (2) 

are prepared independently of the 

assessment process; (3) demonstrate a 

clear, imminent and substantial danger 

to the public health or environment; or 

(4) are required by law. 

On January 12, 1998, the 

Commonwealth of Virginia Office of the 

Attorney General provided a legal 

opinion that states that the Privilege 

Law, Va. Code § 10.1–1198, precludes 

granting a privilege to documents and 

information ‘‘required by law,’’ 

including documents and information 

‘‘required by Federal law to maintain 

program delegation, authorization or 

approval,’’ since Virginia must ‘‘enforce 

Federally authorized environmental 

programs in a manner that is no less 

stringent than their Federal counterparts 

. . . .’’ The opinion concludes that 

‘‘[r]egarding § 10.1–1198, therefore, 

documents or other information needed 

for civil or criminal enforcement under 

one of these programs could not be 

privileged because such documents and 

information are essential to pursuing 

enforcement in a manner required by 

Federal law to maintain program 

delegation, authorization or approval.’’ 

Virginia’s Immunity law, Va. Code Sec. 

10.1–1199, provides that ‘‘[t]o the extent 

consistent with requirements imposed 

by Federal law,’’ any person making a 

voluntary disclosure of information to a 

state agency regarding a violation of an 

environmental statute, regulation, 

permit, or administrative order is 

granted immunity from administrative 

or civil penalty. The Attorney General’s 

January 12, 1998, opinion states that the 

quoted language renders this statute 

inapplicable to enforcement of any 

Federally authorized programs, since 

‘‘no immunity could be afforded from 

administrative, civil, or criminal 

penalties because granting such 

immunity would not be consistent with 

Federal law, which is one of the criteria 

for immunity.’’ 

Therefore, EPA has determined that 

Virginia’s Privilege and Immunity 

statutes will not preclude the 

Commonwealth from enforcing its 

program consistent with the Federal 

requirements. In any event, because 

EPA has also determined that a state 

audit privilege and immunity law can 

affect only state enforcement and cannot 

have any impact on Federal 

enforcement authorities, EPA may at 

any time invoke its authority under the 

CAA, including, for example, sections 

113, 167, 205, 211 or 213, to enforce the 

requirements or prohibitions of the state 

plan, independently of any state 

enforcement effort. In addition, citizen 

enforcement under section 304 of the 

CAA is likewise unaffected by this, or 

any, state audit privilege or immunity 

law. 

V. Statutory and Executive Order 

Reviews 

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 proposed 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). 

In addition, this proposed 

rulemaking, proposing to approve the 

DC Area base year inventory SIPs for the 

2015 ozone NAAQS, 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Ozone, 

Reporting and recordkeeping 

requirements, Nitrogen dioxide, Volatile 

organic compounds. 

Dated: February 16, 2022. 

Diana Esher, 

Acting Regional Administrator, Region III. 

[FR Doc. 2022–03863 Filed 2–23–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2020–0430; FRL–7522–03– 

OAR] 

RIN 2060–AU63 

National Emission Standards for 

Hazardous Air Pollutants: Primary 

Copper Smelting Residual Risk and 

Technology Review and Primary 

Copper Smelting Area Source 

Technology Review; Extension of 

Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: On January 11, 2022, the U.S. 

Environmental Protection Agency (EPA) 

proposed a rule titled ‘‘National 

Emission Standards for Hazardous Air 

Pollutants: Primary Copper Smelting 

Residual Risk and Technology Review 

and Primary Copper Smelting Area 

Source Technology Review.’’ The EPA 

is extending the comment period on this 

proposed rule that currently closes on 

February 25, 2022, by 60 days. The 

comment period will now remain open 

until April 26, 2022, to allow additional 

time for Tribal Nations and stakeholders 

to review and comment on the proposal. 


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10326 Federal Register / Vol. 87, No. 37 / Thursday, February 24, 2022 / Proposed Rules 

DATES: The public comment period for 

the proposed rule published in the 

Federal Register on January 11, 2022 

(87 FR 1616), originally ending February 

25, 2022, is being extended by 60 days. 

Written comments must be received on 

or before April 26, 2022. 

ADDRESSES: Submit comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2020–0430, by any of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov/ (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Email: a-and-r-docket@epa.gov. 

Include Docket ID No. EPA–HQ–OAR– 

2020–0430 in the subject line of the 

message. 

• Fax: (202) 566–9744. Attention 

Docket ID No. EPA–HQ–OAR–2020– 

0430. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Docket ID No. EPA–HQ–OAR–2020– 

0430, Mail Code 28221T, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460. 

• Hand Delivery or Courier (by 

scheduled appointment only): EPA 

Docket Center, WJC West Building, 

Room 3334, 1301 Constitution Avenue 

NW, Washington, DC 20004. The Docket 

Center’s hours of operation are 8:30 

a.m.–4:30 p.m., Monday–Friday (except 

Federal holidays). 

Instructions. All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received may be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. Out of an abundance of 

caution for members of the public and 

our staff, the EPA Docket Center and 

Reading Room are open to the public by 

appointment only to reduce the risk of 

transmitting COVID–19. Our Docket 

Center staff also continues to provide 

remote customer service via email, 

phone, and webform. Hand deliveries 

and couriers may be received by 

scheduled appointment only. For 

further information on EPA Docket 

Center services and the current status, 

please visit us online at https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this action, contact 

Tonisha Dawson, Metals and Inorganic 

Chemicals Group, Sector Policies and 

Programs Division (D243–02), 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number: (919) 541– 

1454 fax number: (919) 541–4991 email 

address: dawson.tonisha@epa.gov. 

SUPPLEMENTARY INFORMATION: Rationale. 

Based on consideration of requests 

received from industry (FreeportMcMoRan Miami, Inc. and Asarco LLC) 

and an environmental organization 

(Earthjustice), the EPA is extending the 

public comment period for an 

additional 60 days. Therefore, the 

public comment period will end on 

April 26, 2022. 

Docket. The EPA has established a 

docket for this rulemaking under Docket 

ID No. EPA–HQ–OAR–2020–0430. All 

documents in the docket are listed in 

https://www.regulations.gov/. Although 

listed, some information is not publicly 

available, e.g., Confidential Business 

Information (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. With the 

exception of such material, publicly 

available docket materials are available 

electronically in Regulations.gov. 

Instructions. Direct your comments to 

Docket ID No. EPA–HQ–OAR–2020– 

0430. 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 https:// 

www.regulations.gov/, including any 

personal information provided, unless 

the comment includes information 

claimed to be CBI or other information 

whose disclosure is restricted by statute. 

Do not submit electronically to https:// 

www.regulations.gov/ any information 

that you consider to be CBI or other 

information whose disclosure is 

restricted by statute. This type of 

information should be submitted as 

discussed below. 

The EPA may publish any comment 

received to its public docket. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e., on the Web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

The https://www.regulations.gov/ 

website allows you to submit your 

comment anonymously, 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 going through https://

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, the EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

digital storage media you submit. If the 

EPA cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the EPA may not 

be able to consider your comment. 

Electronic files should not include 

special characters or any form of 

encryption and be free of any defects or 

viruses. For additional information 

about the EPA’s public docket, visit the 

EPA Docket Center homepage at https:// 

www.epa.gov/dockets. 

Due to public health concerns related 

to COVID–19, the Docket Center and 

Reading Room are open to the public by 

appointment only. Our Docket Center 

staff also continues to provide remote 

customer service via email, phone, and 

webform. Hand deliveries or couriers 

will be received by scheduled 

appointment only. For further 

information and updates on EPA Docket 

Center services, please visit us online at 

https://www.epa.gov/dockets. 

The EPA continues to carefully and 

continuously monitor information from 

the CDC, local area health departments, 

and our federal partners so that we can 

respond rapidly as conditions change 

regarding COVID–19. 

Submitting CBI. Do not submit 

information containing CBI to the EPA 

through https://www.regulations.gov/. 

Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information on any digital 

storage media that you mail to the EPA, 

note the docket ID, mark the outside of 

the digital storage media as CBI, and 

identify electronically within the digital 

storage media the specific information 

that is claimed as CBI. In addition to 

one complete version of the comments 

that includes information claimed as 

CBI, you must submit a copy of the 

comments that does not contain the 

information claimed as CBI directly to 

the public docket through the 

procedures outlined in Instructions 

above. If you submit any digital storage 

media that does not contain CBI, mark 

the outside of the digital storage media 

clearly that it does not contain CBI and 

note the docket ID. Information not 


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Federal Register / Vol. 87, No. 37 / Thursday, February 24, 2022 / Proposed Rules 10327 

marked as CBI will be included in the 

public docket and the EPA’s electronic 

public docket without prior notice. 

Information marked as CBI will not be 

disclosed except in accordance with 

procedures set forth in 40 Code of 

Federal Regulations (CFR) part 2. 

Our preferred method to receive CBI 

is for it to be transmitted electronically 

using email attachments, File Transfer 

Protocol (FTP), or other online file 

sharing services (e.g., Dropbox, 

OneDrive, Google Drive). Electronic 

submissions must be transmitted 

directly to the OAQPS CBI Office at the 

email address oaqpscbi@epa.gov, and as 

described above, should include clear 

CBI markings and note the docket ID. If 

assistance is needed with submitting 

large electronic files that exceed the file 

size limit for email attachments, and if 

you do not have your own file sharing 

service, please email oaqpscbi@epa.gov 

to request a file transfer link. If sending 

CBI information through the postal 

service, please send it to the following 

address: OAQPS Document Control 

Officer (C404–02), OAQPS, U.S. 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711, Attention Docket ID No. EPA– 

HQ–OAR–2020–0430. The mailed CBI 

material should be double wrapped and 

clearly marked. Any CBI markings 

should not show through the outer 

envelope. 

Penny Lassiter, 

Director, Sector Policy and Programs Division. 

[FR Doc. 2022–03987 Filed 2–23–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 19, 49, and 52 

[FAR Case 2019–008; Docket No. 2019– 

0008, Sequence No. 1] 

RIN 9000–AN91 

Federal Acquisition Regulation: Small 

Business Program Amendments 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Proposed rule. 

SUMMARY: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement several changes to the Small 

Business Administration (SBA) 

regulations. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat Division at the address 

shown below on or before April 25, 

2022 to be considered in the formation 

of the final rule. 

ADDRESSES: Submit comments in 

response to FAR Case 2019–008 to the 

Federal eRulemaking portal at https://

www.regulations.gov by searching for 

‘‘FAR Case 2019–008’’. Select the link 

‘‘Comment Now’’ that corresponds with 

‘‘FAR Case 2019–008’’. Follow the 

instructions provided on the ‘‘Comment 

Now’’ screen. Please include your name, 

company name (if any), and ‘‘FAR Case 

2019–008’’ on your attached document. 

If your comment cannot be submitted 

using https://www.regulations.gov, call 

or email the points of contact in the FOR

FURTHER INFORMATION CONTACT section of 

this document for alternate instructions. 

Instructions: Please submit comments 

only and cite ‘‘FAR Case 2019–008’’ in 

all correspondence related to this case. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal and/or business confidential 

information provided. To confirm 

receipt of your comment(s), please 

check https://www.regulations.gov, 

approximately two-to-three days after 

submission to verify posting. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Malissa Jones, Procurement Analyst, at 

703–605–2815, or by email at 

malissa.jones@gsa.gov, for clarification 

of content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat Division at 

202–501–4755 or GSARegSec@gsa.gov. 

Please cite FAR Case 2019–008. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD, GSA, and NASA are proposing 

to amend the FAR to implement several 

revisions that the Small Business 

Administration (SBA) made to its 

regulations in its final rule published on 

November 29, 2019, at 84 FR 65647. 

SBA provided an explanation of the 

changes in its final rule preamble. The 

revisions address the following topics: 

• The point in the procurement 

process at which small business size 

status is determined for offers for 

multiple-award contracts. 

• A new ground for a socioeconomic 

status protest. 

• The eligibility requirements for 8(a) 

participants under long-term contracts 

(i.e., contracts with a duration of more 

than 5 years). 

• The small business size standard for 

information technology value-added 

resellers under North American 

Industry Classification System (NAICS) 

code 541519. 

II. Discussion and Analysis 

The proposed changes to the FAR are 

summarized in the following 

paragraphs. 

A. Small Business Size Standards 

Part 19 is proposed to be revised to 

clarify SBA policy concerning size 

standards in three areas. First, while 

SBA generally determines small 

business size standards at the time of 

initial offer including price, for a 

multiple-award contract that does not 

require offers for the contract to include 

price, SBA will determine size as of the 

date of the initial offer for the multipleaward contract, whether or not the offer 

includes price or the price is evaluated; 

changes are made at FAR 19.102 and 

19.301–1. This proposed rule merely 

informs contracting officers of SBA’s 

policy on determinations of size status; 

it does not include guidance for 

contracting officers regarding 

solicitations that do not include price as 

an evaluation factor for multiple-award 

contracts. FAR case 2017–010, 

Evaluation Factors for Multiple-Award 

Contracts, and FAR case 2018–014, 

Increasing Task-order Level 

Competition, provide this guidance. 

Second, an information technology 

value-added reseller under NAICS code 

541519, proposing to furnish an end 

product it did not manufacture (i.e., a 

‘‘nonmanufacturer’’), is a small business 

if it has no more than 150 employees. 

This size standard is implemented at 

FAR 19.505; FAR 52.204–8, Annual 

Representations and Certifications and 

its Alternate I; FAR 52.212–1, 

Instructions to Offerors—Commercial 

Items; FAR 52.219–1, Small Business 

Program Representations and its 

Alternate II; and FAR 52.219–28, PostAward Small Business Program 

Rerepresentation. 

Third, adding new grounds for a 

socioeconomic status protest based on 

an allegation that a contractor is unduly 

reliant on a small, non-similarly 

situated entity subcontractor or if such 

subcontractor performs the primary and 

vital requirements of the contract (the 

‘‘ostensible subcontractor rule’’). 

Changes are made at FAR 19.306 to 

19.308. 

B. Setting Aside Orders Under MultipleAward Contracts That Were Set Aside 

for Small Business 

FAR 19.504 is proposed to be revised 

to clarify that, if a multiple-award 


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