63878 Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 

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 24, 2013. 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 pertaining to Delaware’s 

section 110(a)(2) infrastructure elements 

for the 2010 NO2 NAAQS, 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, Reporting 

and recordkeeping requirements. 

Dated: September 24, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart I—Delaware 

■ 2. In § 52.420, the table in paragraph 

(e) is amended by adding an entry for 

Section 110(a)(2) Infrastructure 

Requirements for the 2010 NO2 NAAQS 

at the end of the table to read as follows: 

§ 52.420 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP 

revision 

Applicable 

geographic or 

nonattainment 

area 

State submittal 

date EPA approval date Additional explanation 

*******

Section 110(a)(2) Infrastructure 

Requirements for the 2010 NO2

NAAQS.

Statewide ........ 3/27/13 10/25/13 [Insert Federal Register 

page number where the document begins and date].

This action addresses the following CAA elements: 

110(a)(2)(A), (B), (C), (D), (E), 

(F), (G), (H), (J), (K), (L), and 

(M). 

[FR Doc. 2013–25025 Filed 10–24–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0594; FRL–9901–80– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Revised Ambient Air Quality Standards 

for Fine Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Commonwealth of Virginia State 

Implementation Plan (SIP). The 

revisions add ambient air quality 

standards and associated reference 

conditions for Fine Particulate Matter 

(PM2.5) that are consistent with the 2013 

National Ambient Air Quality Standards 

(NAAQS) for PM2.5. EPA is approving 

these revisions in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on 

December 24, 2013 without further 

notice, unless EPA receives adverse 

written comment by November 25, 

2013. 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–2013–0594 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2013–0594, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, Air 

Protection Division, 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 


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Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 63879 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2013– 

0594. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Schmitt, (215) 814–5787, or by 

email at schmitt.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Summary of SIP Revision 

On July 26, 2013, the Commonwealth 

of Virginia submitted formal revisions to 

its SIP. The SIP revisions consist of 

adding section 9VAC5–30–67 as well as 

minor language revisions in section 

9VAC5–30–15. Sections 9VAC5–30–67 

and 9VAC5–30–15 contain the 2013 

PM2.5 NAAQS and the associated 

reference conditions, respectively. On 

January 15, 2013, EPA revised the 

NAAQS for PM2.5. See 78 FR 3086. The 

annual arithmetic mean concentration 

has been set at 12 micrograms per cubic 

meter (mg/m3), and the standard for the 

24-hour concentration is being retained 

at 35 mg/m3. 

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 § 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. 

III. Final Action 

EPA is approving these revisions to 

add the 2013 PM2.5 NAAQS to the 

Virginia SIP. EPA is publishing this rule 

without prior proposal because EPA 

views this as a noncontroversial 

amendment and anticipates 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 


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63880 Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 

comments are filed. This rule will be 

effective on December 24, 2013 without 

further notice unless EPA receives 

adverse comment by November 25, 

2013. If EPA receives adverse comment, 

EPA will publish a timely withdrawal in 

the Federal Register informing the 

public that the rule will not take effect. 

EPA will address all public comments 

in a subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 24, 2013. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking action. This 

action, adding the 2013 PM2.5 NAAQS, 

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, Particulate matter, Reporting 

and recordkeeping requirements. 

Dated: September 20, 2013. 

W.C. Early, 

Acting, Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart VV—Virginia 

■ 2. In § 52.2420, the table in paragraph 

(c) is amended by revising the entry for 

Section 5–30–15, and adding an entry 

for Section 5–30–67 after the existing 

entry for Section 5–30–66. The revised 

and added text reads 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] 

*******

9 VAC 5, Chapter 30 Ambient Air Quality Standards [Part III] 


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Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Rules and Regulations 63881 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued 

State 

citation Title/subject State effective date EPA approval date Explanation [former SIP citation] 

*******

5–30–15 ... Reference Conditions ...................... 5/22/13 10/25/13 [Insert page number where 

the document begins].

Revised to include Section 5–30– 

67. 

* * * * * * * 

5–30–67 ... Particulate Matter (PM2.5) ................ 5/22/13 10/25/13 [Insert page number where 

the document begins].

Added Section. 

*******

* * * * * 

[FR Doc. 2013–25043 Filed 10–24–13; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0769; FRL–9901–81– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Determinations of 

Attainment of the 1997 Annual Fine 

Particulate Standards for the LibertyClairton Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is making two separate 

and independent determinations 

regarding the Liberty-Clairton, 

Pennsylvania 1997 annual fine 

particulate (PM2.5) nonattainment area 

(the Liberty-Clairton Area). First, EPA is 

determining that the Liberty-Clairton 

Area attained the 1997 PM2.5 annual 

national ambient air quality standards 

(NAAQS) by the applicable attainment 

date, December 31, 2011. This 

determination is based on quality 

assured and certified ambient air quality 

date for the 2009–2011 monitoring 

period. Second, EPA is determining that 

the Liberty-Clairton Area has continued 

to attain the 1997 annual PM2.5 NAAQS, 

based on quality-assured and certified 

ambient air quality data for the 2010– 

2012 monitoring period. The latter 

‘‘clean data determination’’ suspends 

the requirement for the Liberty-Clairton 

Area to submit an attainment 

demonstration, reasonably available 

control measures (RACM), reasonable 

further progress (RFP), and contingency 

measures related to attainment of the 

1997 annual PM2.5 NAAQS for so long 

as the area continues to attain the 1997 

annual PM2.5 NAAQS. These 

determinations do not constitute a 

redesignation to attainment. The 

Liberty-Clairton Area will remain 

designated nonattainment for the 1997 

annual PM2.5 NAAQS until such time as 

EPA determines that the LibertyClairton Area meets the Clean Air Act 

(CAA) requirements for redesignation to 

attainment, including an approved 

maintenance plan. These actions are 

being taken under the CAA. 

DATES: This final rule is effective on 

November 25, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0769. 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. 

FOR FURTHER INFORMATION CONTACT: 

Maria A. Pino, (215) 814–2181, or by 

email at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Liberty-Clairton Area is 

comprised of the boroughs of Lincoln, 

Glassport, Liberty, and Port Vue and the 

City of Clairton, all in Allegheny 

County, Pennsylvania. See 40 CFR 

81.339. The Liberty-Clairton Area is 

surrounded by, but separate and distinct 

from, the Pittsburgh-Beaver Valley PM2.5

nonattainment area. 

On July 23, 2013 (78 FR 44070), EPA 

published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Pennsylvania. In the 

July 23, 2013 rulemaking action, EPA 

proposed to determine that the LibertyClairton Area attained the 1997 annual 

PM2.5 NAAQS by its attainment date, 

December 31, 2011. EPA also proposed 

to make a clean data determination, 

finding that the Liberty-Clairton Area 

has continued to attain the 1997 annual 

PM2.5 NAAQS. No comments were 

received on the July 23, 2013 NPR. 

II. Summary of Rulemaking Actions 

These actions do not constitute a 

redesignation of the Liberty-Clairton 

Area to attainment for the 1997 annual 

PM2.5 NAAQS under CAA section 

107(d)(3). Neither determination of 

attainment involves approving a 

maintenance plan for the LibertyClairton Area, nor determines that the 

Liberty-Clairton Area has met all the 

requirements for redesignation under 

the CAA, including that the attainment 

be due to permanent and enforceable 

measures. Therefore, the designation 

status of the Liberty-Clairton Area will 

remain nonattainment for the 1997 

annual PM2.5 NAAQS until such time as 

EPA takes final rulemaking action to 

determine that the Liberty-Clairton Area 

meets the CAA requirements for 

redesignation to attainment. 

A. Determination of Attainment by the 

Attainment Date 

Pursuant to section 188(b)(2) of the 

CAA, EPA is making a determination 

that the Liberty-Clairton Area attained 

the 1997 annual PM2.5 NAAQS by the 

applicable attainment date, December 

31, 2011. This determination is based 

upon quality-assured and certified 

ambient air monitoring data for the 

2009–2011 monitoring period that 

shows the area has monitored 

attainment of the 1997 PM2.5 annual 

NAAQS as of its attainment date. The 

effect of this final determination of 

attainment by the Liberty-Clairton 

Area’s attainment date is to discharge 

EPA’s obligation under CAA section 

181(b)(2) to determine, based on the 

Liberty-Clairton Area’s air quality as of 


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