65490 Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Rules and Regulations 

Subpart V—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(e) is amended by adding the entry for 

the Attainment Demonstration for the 

1997 8-Hour Ozone National Ambient 

Air Quality Standard and its Associated 

Motor Vehicle Emissions Budgets at the 

end of the table to read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory 

SIP revision 

Applicable geographic or 

nonattainment area 

State 

submittal 

date 

EPA approval date Additional explanation 

*******

Attainment Demonstration for 

the 1997 8-Hour Ozone National Ambient Air Quality 

Standard and its Associated 

Motor Vehicle Emissions 

Budgets.

Maryland-Philadelphia-Wilmington-Atlantic City Moderate Nonattainment Area.06/04/07 10/29/12 [Insert page number 

where the document begins].

■ 3. In § 52.1076, paragraph (z) is added 

to read as follows: 

§ 52.1076 Control strategy plans for 

attainment and rate-of-progress: Ozone. 

* * * * * 

(z) EPA approves the attainment 

demonstration portion of the attainment 

plan for the 1997 8-hour ozone NAAQS 

for the Philadelphia Area submitted as 

a revision to the State Implementation 

Plan by the Secretary of the Maryland 

Department of the Environment on June 

4, 2007. EPA also approves the 2009 

motor vehicle emissions budgets 

associated with the attainment 

demonstration for Cecil County, 

Maryland. 

TRANSPORTATION CONFORMITY BUDGETS FOR THE MARYLAND PORTION OF THE PHILADELPHIA AREA

Type of control strategy SIP Year VOC 

(TPD) 

NOX

(TPD) 

Attainment Demonstration ............................................................................................... 2009 7.3 2.2 

[FR Doc. 2012–26394 Filed 10–26–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0444; FRL–9746–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Fredericksburg 8-Hour Ozone 

Maintenance Area Revision to 

Approved Motor Vehicle Emissions 

Budgets 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the 

Commonwealth of Virginia’s State 

Implementation Plan (SIP) revision 

submitted by the Virginia Department of 

Environmental Quality (VADEQ) on 

September 26, 2011. The SIP revision 

updates the 2009 and 2015 motor 

vehicle emission budgets (MVEBs) in 

the Fredericksburg 8-Hour Ozone 

Maintenance Area (Fredericksburg Area) 

by replacing the previously approved 

MVEBs with budgets developed using 

EPA’s Motor Vehicle Emissions 

Simulator emissions model 

(MOVES2010a). The revised MVEBs 

continue to demonstrate maintenance of 

the 1997 8-hour national ambient air 

quality standard (NAAQS) for ozone. 

This action is being taken under the 

Clean Air Act (CAA). 

DATES: 

Effective Date: This final rule is 

effective on November 28, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0444. 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: 

Gregory Becoat, (215) 814–2036, or by 

email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On August 6, 2012 (77 FR 46672), 

EPA published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Virginia. The NPR 

proposed approval of the Virginia SIP 

revision that updates the 2009 and 2015 

MVEBs in the Fredericksburg Area by 

replacing the previously approved 

MVEBs with budgets developed using 

MOVES2010a. By EPA’s finalizing the 

proposed approval, the newly submitted 

MOVES2010a MVEBs will replace the 

existing, MOBILE6.2-based budgets in 

Virginia’s SIP and must then be used in 

future transportation conformity 

analyses for the Fredericksburg Area 

according to the transportation 

conformity rule. See 40 CFR 93.118. The 

previously approved budgets will no 

longer be applicable for transportation 

conformity purposes. Additionally, with 

the approval of the MOVES2010a-based 

MVEBs, the regional transportation 

conformity grace period for not using 

MOVES2010a for the pollutants 

included in these budgets will end for 

the Fredericksburg Area on the effective 

date of this final approval. See 75 FR 

9411, 9414 (March 2, 2010) for 


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background on MOVES2010a and 

Section II.C for details. EPA received no 

comments on the NPR to approve 

Virginia’s SIP revision. 

II. Summary of SIP Revision 

On September 26, 2011, the 

Commonwealth of Virginia through 

VADEQ submitted a SIP revision with 

MVEBs based on MOVES2010a for the 

years 2009 and 2015 to help ensure that 

the Fredericksburg Area can 

demonstrate transportation conformity 

using MOVES2010a MVEBs once the 

grace period expires as discussed in 

more detail in the NPR. 

States that revise their existing SIPs to 

include MVEBs based on MOVES2010a 

must show that the SIP continues to 

meet applicable requirements with the 

new level of motor vehicle emissions 

contained in the budgets. EPA has 

determined that the Fredericksburg Area 

maintenance plan continues to serve its 

intended purpose with the 

MOVES2010a-based MVEBs and that 

the budgets meet the adequacy criteria 

in the conformity rule at 40 CFR 

93.118(e)(4). 

III. Final Action 

EPA is approving the MOVES2010abased MVEBs submitted by Virginia for 

use in determining transportation 

conformity in the Fredericksburg Area 

because the submitted budgets will 

continue to keep emissions below the 

attainment level and maintain air 

quality and continue to demonstrate 

maintenance of the 1997 8-hour ozone 

NAAQS. On the effective date of this 

rulemaking, the submitted 

MOVES2010a-based MVEBs will 

replace the existing, MOBILE6.2-based 

budgets in the Fredericksburg 8-Hour 

Ozone Maintenance Plan and will be 

used in future transportation conformity 

analyses for the Fredericksburg Area. 

The previously approved MOBILE6.2- 

based budgets will no longer be 

applicable for transportation conformity 

purposes. The following table compares 

the nitrogen oxide (NOX) MVEBs 

developed using MOBILE6.2 to the 

inventories developed using 

MOVES2010a. 

FREDERICKSBURG MAINTENANCE AREA

MOBILE SOURCE EMISSIONS COMPARISON TONS NOX PER DAY

Year MOBILE6.2 

MVEB* MOVES2010a 

2004 .......... 19.742 24.064 

2009 .......... 13.062 17.615 

2015 .......... 7.576 9.933 

* Includes conformity buffers. 

IV. 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 Virginia 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 

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 


rmajette on DSK2TPTVN1PROD with 
65492 Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Rules and Regulations 

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 December 28, 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. This action 

approving Virginia’s 2009 and 2015 

MVEBs in the Fredericksburg 8-Hour 

Area using MOVES2010a may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: October 11, 2012. 

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 

(e) is amended by revising the entry for 

the 8-Hour Ozone Maintenance Plan for 

the Fredericksburg VA Area. The 

amendments read as follows: 

§ 52.2420 Identification of plan. 

* * * * * 

(e) EPA-approved nonregulatory and 

quasi-regulatory material. 

Name of nonregulatory SIP 

revision 

Applicable geographic area 

State 

submittal 

date 

EPA approval date Additional 

explanation 

*******

8-Hour Ozone Maintenance 

Plan for the Fredericksburg 

VA Area.

Spotsylvania and Stafford 

Counties; City of Fredericksburg.

9/26/11 10/29/12 [Insert page number 

where the document begins].

Revised 2009 and 2015 

motor vehicle emission 

budgets for NOX. 

* * * * * * * 

■ 3. Section 52.2424 is amended by 

adding paragraph (c) to read as follows: 

§ 52.2424 Motor vehicle emissions 

budgets. 

* * * * * 

(c) EPA approves the following 

revised 2009 and 2015 motor vehicle 

emissions budgets (MVEBs) for the 

Fredericksburg 8-Hour Ozone 

Maintenance Area submitted by the 

Virginia Department of Environmental 

Quality (VADEQ) on September 26, 

2011: 

Applicable geographic area Year Tons per day 

(TPD) NOX

Fredericksburg Area (Spotsylvania and Stafford Counties and City of Fredericksburg) ........................................ 2009 17.615 

Fredericksburg Area (Spotsylvania and Stafford Counties and City of Fredericksburg) ........................................ 2015 9.933 


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Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Rules and Regulations 65493 

[FR Doc. 2012–26403 Filed 10–26–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0608; FRL–9745–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Amendments to West 

Virginia’s Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the West 

Virginia State Implementation Plan 

(SIP). The revision pertains to 

amendments of West Virginia’s 

Legislative Rule, 45 CSR 8- Ambient Air 

Quality Standards. The amendments 

change the effective date of the 

incorporation by reference of the 

National Ambient Air Quality Standards 

(NAAQS) for sulfur oxides, nitrogen 

dioxide, lead, particulate matter and 

carbon monoxide as well as their 

monitoring reference and equivalent 

methods. EPA is approving these 

revisions in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on 

December 28, 2012 without further 

notice, unless EPA receives adverse 

written comment by November 28, 

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–2012–0608 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: mastro.donna@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0608, 

Donna Mastro, Acting Associate 

Director, Office of Air Program 

Planning, Mailcode 3AP30, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2012– 

0608. 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 West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

Asrah Khadr, (215) 814–2071, or by 

email at khadr.asrah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

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

EPA. On June 6, 2012, the West Virginia 

Department of Environmental Protection 

(WVDEP) submitted a formal revision to 

its SIP pertaining to amendments of 

Legislative Rule, 45 CSR 8—Ambient 

Air Quality Standards. The SIP revision 

consists of a change in the effective date 

of the incorporation by reference of the 

NAAQS and their monitoring reference 

and equivalent methods. EPA had 

approved a previous revision of 

Legislative Rule 45 CSR 8 on September 

12, 2012 (77 FR 56125). 

II. Summary of SIP Revision 

This SIP revision is part of an annual 

submission by WVDEP to update their 

incorporation by reference of the 

National Primary and Secondary 

Ambient Air Quality Standards which 

are found at 40 CFR Part 50. The SIP 

revision also updates the incorporation 

by reference of the Ambient Air 

Monitoring Reference and Equivalent 

Methods which are found at 40 CFR Part 

53. The amendments to the legislative 

rule include changes to section 45–8–1 

(General) in which the filing and 

effective dates are changed to reflect the 

update of the legislative rule. They also 

include changes to section 45–8–3 

(Adoption of Standards) in which the 

effective dates for the incorporation by 

reference of the National Primary and 

Secondary Ambient Air Quality 

Standards and the Ambient Air 

Monitoring Reference and Equivalent 

Methods are also changed to reflect the 

update of the legislative rule. The filing 

and effective dates of the legislative rule 

were updated and changed to May 1, 

2012 and June 1, 2012 respectively. The 

effective date of the incorporation by 

reference of 40 CFR Part 50 and 40 CFR 

Part 53 changed from June 16, 2011 to 

June 1, 2012. 

III. Final Action 

EPA is approving the amendments to 

Legislative Rule, 45 CSR 8—Ambient 

Air Quality Standards, into the West 

Virginia 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 

December 28, 2012 without further 

notice unless EPA receives adverse 

comment by November 28, 2012. If EPA 

receives adverse comment, EPA will 


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