38046 Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Proposed Rules 

1A complete list of EPA-issued CTGs and ACTs 

with links to each CTG or ACT can be found at 

https://www.epa.gov/ground-level-ozone-pollution/ 

control-techniques-guidelines-and-alternativecontrol-techniques. 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Environmental protection, 

Ozone, Volatile organic compounds. 

Adam Ortiz, 

Regional Administrator, Region III. 

[FR Doc. 2022–13661 Filed 6–24–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2021–0855; FRL–8941–01– 

R3] 

Air Plan Approval; Virginia; Negative 

Declaration Certification for the 2015 

Ozone National Ambient Air Quality 

Standard for the 2016 Oil and Natural 

Gas Control Techniques Guidelines 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the Commonwealth of 

Virginia. This revision provides 

Virginia’s determination for the 2015 

Ozone national ambient air quality 

standards (NAAQS), via a negative 

declaration, that there are no sources 

within the Northern Virginia volatile 

organic compound (VOC) Emissions 

Control Area subject to EPA’s 2016 Oil 

and Natural Gas control techniques 

guidelines (2016 Oil and Gas CTG). The 

negative declaration covers only the 

2016 Oil and Gas CTG and asserts that 

there are no sources subject to this CTG 

located in the Northern Virginia VOC 

Emissions Control Area. This action is 

being taken under the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before July 27, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2021–0855 at https://

www.regulations.gov, or via email to 

gordon.mike@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. 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. 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, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For 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. 

FOR FURTHER INFORMATION CONTACT: Om 

P. Devkota, Planning & Implementation 

Branch (3AD30), Air & Radiation 

Division, U.S. Environmental Protection 

Agency, Region III, Four Penn Center, 

1600 John F. Kennedy Boulevard, 

Philadelphia, Pennsylvania 19103. The 

telephone number is (215) 814–2172. 

Mr. Devkota can also be reached via 

electronic mail at Devkota.om@epa.gov. 

SUPPLEMENTARY INFORMATION: On August 

9, 2021, the Virginia Department of 

Environmental Quality (VADEQ) 

submitted the negative declaration for 

the 2016 Oil and Gas CTG for the 2015 

ozone NAAQS as a revision to the 

Virginia SIP. 

I. Background 

The CAA regulates emissions of 

nitrogen oxides (NOX) and VOCs to 

prevent photochemical reactions that 

result in ozone formation. Reasonably 

available control technology (RACT) is a 

strategy for reducing NOX and VOC 

emissions from stationary sources 

within areas not meeting the NAAQS for 

ozone. EPA has consistently defined 

‘‘RACT’’ as the lowest emission limit 

that a particular source is capable of 

meeting by the application of the 

control technology that is reasonably 

available considering technological and 

economic feasibility. 

Section 172(c)(1) of the CAA provides 

that SIPs for nonattainment areas must 

include RACT, including RACT for 

existing sources of emissions. Section 

182(b)(2)(A) of the CAA requires that for 

areas designated nonattainment for an 

ozone NAAQS and classified as 

moderate, states must revise their SIP to 

include provisions to implement RACT 

for each category of VOC sources 

covered by a CTG document issued 

between November 15, 1990, and the 

date of attainment. Section 182(b)(2)(B) 

requires the same for CTGs issued 

before November 15, 1990. CAA section 

182(c) through (e) applies this 

requirement to states with areas 

designated nonattainment for an ozone 

NAAQS classified as serious, severe, 

and extreme. 

The CAA also imposes the same 

requirement on states in Ozone 

Transport Regions (OTR). Specifically, 

CAA section 184(b) provides that states 

in an OTR must revise their SIP to 

implement RACT with respect to all 

sources of VOC in the OTR covered by 

a CTG document issued before or after 

November 15, 1990, even for areas 

designated attainment within the OTR. 

CAA section 184(a) establishes a single 

OTR comprised of 11 eastern states and 

the Consolidated Metropolitan 

Statistical Area (CMSA) that includes 

the District of Columbia. Portions of 

Northern Virginia are in the CMSA and 

therefore the OTR. The rest of Virginia 

is not in the OTR. The Virginia portion 

of the OTR includes the following areas: 

Arlington County, Fairfax County, 

Loudoun County, Prince William 

County, Stafford County, Alexandria 

City, Fairfax City, Falls Church City, 

Manassas City, and Manassas Park City. 

Collectively, these areas will be referred 

to as the ‘‘Northern Virginia VOC 

Emissions Control Area’’ or the 

‘‘Northern Virginia area.’’ Finally, 

Section 182(f) requires that plan 

provisions required under subpart 4 of 

part D of title I of the CAA, which 

includes sections 182 through 184, for 

major sources of VOC shall also apply 

to major stationary sources of oxides of 

nitrogen in ozone nonattainment areas. 

CTGs and alternative control 

techniques (ACTs) form important 

components of the guidance that EPA 

provides to states for making RACT 

determinations.1 CTGs are used to 

presumptively define VOC RACT for 

applicable source categories. States 

subject to RACT requirements are 

required to adopt controls that are at 

least as stringent as those found in the 

CTG either by adopting regulations or 

issuing single-source orders or permits 

that outline what the source is required 

to do to meet RACT. On October 27, 

2016 (81 FR 74798), EPA published in 

the Federal Register the ‘‘Release of 

Final Control Techniques Guidelines for 

the Oil and Natural Gas Industry.’’ This 

2016 Oil and Gas CTG provided 

information to state, local, and tribal air 

agencies to assist in determining RACT 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Proposed Rules 38047 

2See Provisions for Implementation of the 2008 

Ozone National Ambient Air Quality Standards at 

40 CFR 51.1100 through 51.1119. 

3See Provisions for Implementation of the 2015 

Ozone National Ambient Air Quality Standards at 

40 CFR 51.1300 through 51.1319. 

for VOC emissions from select oil and 

natural gas industry emission sources. 

The 2016 Oil and Gas CTG replaces an 

earlier 1983 CTG entitled ‘‘Control of 

Volatile Organic Compound Equipment 

Leaks from Natural Gas/Gasoline 

Processing Plants. December 1983.’’ 

EPA–450/3–83–007 (1983 CTG) 49 FR 

4432 (February 6, 1984). 2016 Oil and 

Gas CTG, p. 8–1. 

On March 6, 2015 (80 FR 12263), EPA 

issued a final rule entitled 

‘‘Implementation of the 2008 national 

ambient air quality standards for Ozone: 

State Implementation Plan 

Requirements’’ (2008 Ozone 

Implementation Rule).2 In the preamble 

to the final rule, EPA makes clear that 

if there are no sources covered by a 

specific CTG source category located in 

an ozone nonattainment area or an area 

in the OTR, the state must submit a 

negative declaration for that CTG. See 

80 FR 12263, 12278. On December 6, 

2018 (83 FR 62998), EPA issued a final 

rule entitled ‘‘Implementation of the 

2015 National Ambient Air Quality 

Standards for Ozone: Nonattainment 

Area State Implementation Plan 

Requirements’’ (2015 Ozone 

Implementation Rule).3 In the 2015 

Ozone Implementation Rule, EPA 

retained without significant revision the 

majority of existing implementing 

regulations associated with the 2008 

ozone NAAQS for the purposes of 

implementing the 2015 ozone NAAQS. 

See 83 FR 62998. If no source for a 

specified CTG exists in a state, the state 

must submit, as a SIP revision, a 

negative declaration documenting this 

fact. On August 9, 2021, VADEQ 

submitted for approval into the Virginia 

SIP a negative declaration for the 2016 

CTG for the Oil and Natural Gas 

Industry for the 2015 ozone standards. 

II. Summary of SIP Revision and EPA 

Analysis 

The 2016 Oil and Gas CTG divides the 

industry into four segments: production, 

processing, transmission and storage, 

and distribution. The transmission and 

storage sector includes compressor 

stations, pipelines and storage facilities. 

The distribution sector is the final step 

in delivering natural gas to customers 

and includes gas mains and service 

pipelines. See CTG p.3–1; see also CTG 

pp.3–1 through 3–3 for a brief 

explanation of each segment. However, 

not all four segments of the industry are 

subject to the requirements of the CTG. 

The CTG covers select sources of VOC 

emissions in the onshore production 

and processing segments of the oil and 

natural gas industry (i.e., pneumatic 

controllers, pneumatic pumps, 

compressors, equipment leaks, fugitive 

emissions) and storage vessel VOC 

emissions in all segments (except 

distribution) of the oil and natural gas 

industry. These sources were selected 

for RACT recommendations because 

current information indicates that they 

are significant sources of VOC 

emissions. CTG p.3–5. A summary of 

the oil and natural gas emission sources 

and recommended RACT for those 

sources is provided in Table 1 of the 

CTG document, on pages 3–6 through 

3–8. 

According to Virginia’s August 9, 

2021 submittal, VADEQ conducted a 

review of potential sources subject to 

the 2016 Oil and Gas CTG and found 

that there are no sources located in the 

Northern Virginia area subject to the 

terms of this CTG for purposes of the 

2015 ozone NAAQS. VADEQ used 

several methods to determine whether 

there were any sources subject to this 

CTG in the Northern Virginia area. 

VADEQ consulted the Department of 

Mines, Minerals, and Energy (DMME) 

Division of Gas and Oil (DGO) database, 

which showed that there are no active 

wells in the Northern Virginia area. No 

drilling permits have been issued in the 

area since 1991. VADEQ also consulted 

the Comprehensive Environmental Data 

System (CEDS), which is the air 

regulatory registration database for the 

jurisdictions comprising the Northern 

Virginia VOC Emissions Control Area 

(i.e., the Northern Virginia area). As 

explained in the SIP submission, 

facilities must register in this database 

all units subject to any applicable 

regulation in the Regulations for the 

Control and Abatement of Air Pollution, 

any facilities with the potential to emit 

(PTE) at least 25 tons per year (tpy) of 

VOC or 40 tpy of NOX, and any facility 

making a change with a PTE of at least 

10 tpy VOC or NOX. The CEDS also has 

registration and reporting requirements 

for facilities emitting much lower levels 

of VOC. After consulting CEDS, VADEQ 

found that no natural gas processing or 

storage facilities are located in the 

Northern Virginia area. The details 

concerning VADEQ’s analysis are on 

page 2 of Virginia’s submittal. 

Notwithstanding VADEQ’s finding 

that there are no VOC sources in the 

Northern Virginia area subjected to 

RACT by the 2016 Oil and Gas CTG, 

VADEQ identified facilities in Northern 

Virginia defined by the 2016 Oil and 

Gas CTG as part of the oil and natural 

gas industry. Specifically, VADEQ 

identified certain natural gas 

compressor stations in the Northern 

Virginia area, but determined that these 

are ‘‘downstream’’ of the point of 

custody transfer to the natural gas 

transmission and storage segment. That 

is, these compressor stations are in 

neither the production nor processing 

segment of the industry. Compressor 

stations located in the transmission and 

storage segment of the oil and gas 

industry are not subject to any RACT 

requirements specified by the 2016 Oil 

and Gas CTG. See CTG, p. 3–7. 

However, if these compressor stations 

meet the VOC or NOX emission 

thresholds to be considered major 

sources of VOC or NOX for a moderate 

ozone nonattainment area, these sources 

will be subject to a major source RACT 

determination under Section 

182(b)(2)(C) of the CAA. 

III. Proposed Action 

EPA’s review of this material 

indicates that the August 9, 2021 

submittal meets CAA requirements and 

that VADEQ’s analysis adequately 

demonstrates that there are no affected 

sources located in the Northern Virginia 

area subject to the 2016 Oil and Gas 

CTG source categories. Therefore, EPA 

is proposing to approve Virginia’s 

August 9, 2021 negative declaration SIP 

submittal as a revision to the Virginia 

SIP. EPA is soliciting public comments 

on Virginia’s negative declaration, 

including the adequacy of VADEQ’s 

search and analysis of the CTG 

applicability criteria. Comments 

concerning the adequacy of the 2016 Oil 

and Gas CTG itself are not germane to 

this action and will not be considered. 

Relevant comments will be considered 

before taking final action. 

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 


jspears on DSK121TN23PROD with PROPOSALS1
38048 Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Proposed Rules 

violations. Virginia’s Voluntary 

Environmental Assessment Privilege 

Law, Va. Code Sec. 10.11198, 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. 10.11198, 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. 10.11199, 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). 

The SIP is not approved to apply on 

any Indian reservation land as defined 

in 18 U.S.C. 1151 or in any other area 

where EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. As such, EPA’s proposed 

approval of Virginia’s SIP revision 

certifying the negative declaration for 

the 2016 Oil and Gas CTG does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Volatile organic compounds. 

Adam Ortiz, 

Regional Administrator, Region III. 

[FR Doc. 2022–13660 Filed 6–24–22; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 15, 20, 27, 80, 90, 95 

[WT Docket No. 22–204; FCC 22–41; FR ID 

92293] 

Facilitating Access to Spectrum for 

Offshore Uses and Operations 

AGENCY: Federal Communications 

Commission. 

ACTION: Request for comment. 

SUMMARY: This document, a Notice of 

inquiry (Notice) adopted by the Federal 

Communications Commission 

(Commission) seeks comment on 

whether changes to Commission’s rules 

or policies are needed to facilitate the 

development of commercial and private 

wireless networks offshore. Recognizing 

that U.S. commercial and scientific 

endeavors may benefit from increased 

access to spectrum offshore, the Notice 

aims to gather information on offshore 

operation use cases and their potential. 

It seeks comment on the type of offshore 

uses that require spectrum, the 

appropriate spectrum bands to support 

offshore uses, and potential assignment 

mechanisms. 

DATES: Send comments on or before July 

27, 2022; and reply comments on or 

before August 26, 2022. 


jspears on DSK121TN23PROD with PROPOSALS1