17886 Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations 

■ 3. Section 52.2526 is amended by 

adding paragraph (j) to read as follows: 

§ 52.2526 Control strategy: Particular 

matter. 

* * * * * 

(j) EPA approves the maintenance 

plan for the Charleston PM2.5

Nonattainment Area (Kanawha and 

Putnam Counties). The maintenance 

plan establishes a determination of 

insignificance for PM2.5 and NOX for 

transportation conformity purposes. 

■ 4. Section 52.2531 is amended by 

adding paragraph (g) to read as follows: 

§ 52.2531 Base year emissions inventory. 

* * * * * 

(g) EPA approves as a revision to the 

West Virginia State Implementation 

Plan the comprehensive emissions 

inventory for the Charleston fine 

particulate matter (PM2.5) nonattainment 

area submitted by the West Virginia 

Department of Environmental Protection 

on December 6, 2012 and June 24, 2013. 

The emissions inventory includes 

emissions estimates that cover the 

general source categories of point 

sources, nonroad mobile sources, area 

sources, onroad mobile sources and 

biogenic sources. The pollutants that 

comprise the inventory are nitrogen 

oxides (NOX), volatile organic 

compounds (VOC), PM2.5, ammonia 

(NH3), and sulfur dioxide (SO2). 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 5. The authority citation for Part 81 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 6. In § 81.349, the tables for West 

Virginia—PM2.5 (Annual NAAQS) and 

West Virginia—PM2.5 (24-hour NAAQS) 

are amended by revising the entries for 

the Charleston Area to read as follows: 

§ 81.349 West Virginia. 

* * * * * 

WEST VIRGINIA—PM2.5

[Annual NAAQS] 

Designated area 

Designation a

Date 1 Type 

*******

Charleston, WV: 

Kanawha County .................................................................................................................................... 3/31/14 Attainment 

Putnam County ....................................................................................................................................... 3/31/14 Attainment 

* * * * * * * 

a Includes Indian County located in each county or area, except as otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 

WEST VIRGINIA—PM2.5

[24-hour NAAQS] 

Designated area 

Designation for the 1997 NAAQSa Designation for the 2006 NAAQSa

Date 1 Type Date 2 Type 

*******

Charleston, WV: 

Kanawha County .............. Unclassifiable/Attainment ............... 3/31/14 Attainment 

Putnam County ................ Unclassifiable/Attainment ............... 3/31/14 Attainment 

*******

a Includes Indian County located in each county or area, except as otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 

2This date is 30 days after November 13, 2009, unless otherwise noted. 

* * * * * 

[FR Doc. 2014–06955 Filed 3–28–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R03–OAR–2013–0164; FRL–9908–89– 

Region–3] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; 

Commonwealth of Virginia; Control of 

Emissions From Existing Sewage 

Sludge Incineration Units 

AGENCY: The Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a section 

111(d)/129 plan submitted by the 

Commonwealth of Virginia for sewage 

sludge incineration (SSI) units. The 

section 111(d)/129 plan contains a state 

rule for existing SSI units that was 

submitted as a result of the March 21, 

2011, promulgation of Federal new 

source performance standards (NSPS) 

and emission guidelines for SSI units. 

This action is being taken under 

sections 111(d) and 129 of the Clean Air 

Act (CAA). 


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Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations 17887 

DATES: This final rule is effective on 

April 30, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2013–0164. All 

documents in the docket are listed in 

the 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 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy for 

public inspection 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: 

Mike Gordon, (215) 814–2039, or by 

email at gordon.mike@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 129 of the CAA requires EPA 

to establish performance standards and 

emission guidelines for various types of 

new and existing solid waste 

incineration units. Section 129(b)(2) 

requires States to submit to EPA for 

approval section 111(d)/129 plans that 

implement and enforce the promulgated 

emission guidelines. State submittals 

under CAA sections 111(d) and 129 

must be consistent with the relevant 

emission guidelines, in this instance 40 

CFR part 60, subpart MMMM, and the 

requirements of 40 CFR part 60, subpart 

B and part 62, subpart A. 

On December 12, 2012, the Virginia 

Department of Environmental Quality 

(VADEQ) submitted to EPA a formal 

section 111(d)/129 plan for SSI units. 

The submitted section 111(d)/129 plan 

was in response to the March 21, 2011 

promulgation of Federal NSPS and 

emission guidelines requirements for 

SSI units, 40 CFR part 60, subparts 

LLLL and MMMM, respectively (76 FR 

15372). 

On December 3, 2013 (78 FR 72609), 

EPA published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Virginia. In the NPR, 

EPA proposed approval of Virginia’s 

section 111(d)/129 plan for existing SSI 

units. No comments were received on 

the proposed approval. 

II. Summary of Section 111(d)/129 Plan 

Submittal 

EPA has reviewed the Virginia section 

111(d)/129 plan submittal in the context 

of the requirements of 40 CFR part 60, 

subparts B and MMMM, and part 62, 

subpart A. In this action, EPA is 

finalizing its determination that the 

submitted section 111(d)/129 plan 

meets the above-cited requirements. 

EPA is also revising 40 CFR Part 62, 

Subpart VV to reflect this approval. A 

detailed explanation of the rationale 

behind this action is available in the 

Technical Support Document (TSD) for 

this rulemaking as well as the December 

3, 2013 proposal. 

III. General Information Pertaining to 

Section 111(d)/129 Plan 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. 

Other specific requirements of 

Virginia’s section 111(d)/129 plan for 

existing SSI units and the rationale for 

EPA’s proposed action are explained in 

the NPR and associated TSD, and will 

not be restated here. No public 

comments were received on the NPR. 

III. Final Action 

EPA is approving Virginia’s section 

111(d)/129 plan for existing sewage 

sludge incineration units. Therefore, 

EPA is amending 40 CFR part 62, 


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17888 Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations 

subpart VV to reflect this final action. 

This approval is based on the rationale 

discussed above and in further detail in 

the TSD associated with this action. 

The EPA Administrator continues to 

retain authority for several tasks, as 

provided in 40 CFR 60.5050 and in Plan 

Provisions—section J of the submittal. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is 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)). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). 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 government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

approves a state rule implementing a 

Federal requirement, and does not alter 

the relationship or the distribution of 

power and responsibilities established 

in the CAA. This rule also is not subject 

to Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it approves a 

state rule implementing a Federal 

standard. 

In reviewing VADEQ’s submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. In this context, in the absence 

of a prior existing requirement for the 

State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a VADEQ submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a VADEQ 

submission, to use VCS in place of a 

VADEQ submission that otherwise 

satisfies the provisions of the CAA. 

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. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), 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. EPA has complied 

with Executive Order 12630 (53 FR 

8859, March 15, 1988) 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 for the 

approval of VADEQ’s section 111(d)/129 

plan for SSI units does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

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 May 30, 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. This action 

approving Virginia’s Section 111(d)/129 

plan for existing sewage sludge 

incineration units may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 62 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Administrative practice and 

procedure, Aluminum, Fertilizers, 

Flouride, Intergovernmental relations, 

Paper and products industry, 

Phosphate, Reporting and recordkeeping 

requirements, Sulfur oxides, Sulfuric 

acid plants, Waste treatment and 

disposal. 

Dated: March 13, 2014. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 62 is amended as follows: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart VV—Virginia 

■ 2. Subpart VV is amended by adding 

an undesignated center heading after 

§ 62.11642 and by adding §§ 62.11650, 

62.11651, and 62.11652 to read as 

follows: 

Emissions From Existing Sewage Sludge 

Incineration Units—Section 111(d)/129 

Plan 

§ 62.11650 Identification of plan. 

Section 111(d)/129 plan for existing 

sewage sludge incineration and the 

associated Virginia Administrative Code 

(VAC), specifically Article 55 of 9VAC5 

Chapter 40, submitted to EPA on 

December 12, 2012. 

§ 62.11651 Identification of sources. 

The affected facility to which the plan 

applies is each sewage sludge 

incineration unit within the 

Commonwealth of Virginia that 

commenced construction on or before 

October 14, 2010. 


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Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations 17889 

§ 62.11652 Effective date. 

The effective date of the plan for 

existing sewage sludge incineration 

units is April 30, 2014. 

[FR Doc. 2014–06963 Filed 3–28–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2013–0787; FRL–9908–13– 

OAR] 

Approval of States’ Requests To Relax 

the Federal Reid Vapor Pressure 

Volatility Standard in Florida, and the 

Raleigh-Durham-Chapel Hill and 

Greensboro/Winston-Salem/High Point 

Areas in North Carolina 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve requests from Florida 

and North Carolina for the EPA to relax 

the Reid Vapor Pressure (RVP) Standard 

applicable to gasoline introduced into 

commerce from June 1 to September 15 

of each year in six counties in Florida, 

and in counties in the Raleigh-DurhamChapel Hill Area (also referred to as the 

‘‘Triangle Area’’) and the Greensboro/

Winston-Salem/High Point Area (also 

referred to as the ‘‘Triad Area’’) in North 

Carolina. Specifically, the EPA is 

approving amendments to the 

regulations to change the RVP standard 

for six counties in Florida, and for the 

counties in the Triangle and Triad Areas 

from 7.8 pounds per square inch (psi) to 

9.0 psi for gasoline. The EPA has 

determined that these changes to the 

federal RVP regulation are consistent 

with the applicable provisions of the 

Clean Air Act (CAA or Act). This action 

is being taken without prior proposal 

because the EPA believes that this final 

rulemaking is noncontroversial, for the 

reasons set forth in this preamble, and 

due to the limited scope of this action. 

DATES: This direct final rule will 

become effective May 30, 2014 without 

further notice, unless the EPA receives 

adverse comment by April 30, 2014. If 

the EPA receives such comments, the 

Agency 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 No. EPA–HQ– 

OAR–2013–0787, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: a-and-r-docket@epa.gov. 

3. Fax: 202–566–9744. 

4. Mail: Environmental Protection 

Agency, Mail Code: 2822T, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460. Please include two copies. 

5. Hand Delivery or Courier: U.S. 

Environmental Protection Agency, EPA 

Headquarters Library, EPA West 

Building, Room 3334, 1301 Constitution 

Avenue NW., Washington, DC 20004. 

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–2013– 

0787. 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 through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. 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 

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, the 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 the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the Agency 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. For additional 

information about the EPA’s public 

docket visit the EPA Docket Center 

homepage at http://www.epa.gov/

epahome/dockets.htm. 

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 through 

www.regulations.gov or in hard copy at 

the Air Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: 

Rudolph Kapichak, Office of 

Transportation and Air Quality, 

Environmental Protection Agency, 2000 

Traverwood Drive, Ann Arbor, MI 

48105; telephone number: 734–214– 

4574; fax number 734–214–4052; email 

address: kapichak.rudolph@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

Table of Contents 

I. General Information 

II. Actions Being Taken 

III. History of the Gasoline Volatility 

Requirement 

IV. EPA’s Policy Regarding Relaxation of 

Volatility Standards in Ozone 

Nonattainment Areas That Are 

Redesignated as Attainment Areas 

V. EPA’s Analysis of Florida’s Request To 

Relax the Federal RVP Requirements in 

the State 

VI. EPA’s Analysis of North Carolina’s 

Requests To Relax the Federal RVP 

Requirements in the Triangle and Triad 

Areas 

VII. Final Actions 

VIII. Statutory and Executive Order Reviews 

IX. Legal Authority and Statutory Provisions 

I. General Information 

Throughout this document, ‘‘the 

Agency’’ is used to mean the EPA. 

A. Why is the EPA using a direct final 

rule? 

The EPA is making these revisions as 

a direct final rule without prior proposal 

because the EPA views these revisions 

as noncontroversial and anticipates no 

adverse comment. The rationale for this 

rulemaking is described in detail below. 

If the EPA receives no adverse 

comment, the Agency will not take 

further action on the proposed rule. If 

the EPA receives adverse comment on 

the rule or any portion of the rule, the 

Agency will withdraw the direct final 


emcdonald on DSK67QTVN1PROD with RULES