Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 39031 

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 Clean Air Act; 

and 

• Does not provide the 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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule 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). 

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. The 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). 

Under Section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 16, 2017. 

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 may 

not be challenged later in proceedings to 

enforce its requirements. (See CAA 

Section 307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, 

Greenhouse gases, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: July 28, 2017. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

40 CFR part 52 is amended to read 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 G—Colorado 

■ 2. In 52.353, add paragraph (d) to read 

as follows: 

§ 52.353 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(d) The Colorado Department of 

Public Health and Environment 

provided submissions to meet 

infrastructure requirements for the State 

of Colorado for the 2010 SO2 and 2012 

PM2.5 NAAQS were received on July 10, 

2013 and December 1, 2015, 

respectively. The State’s Infrastructure 

SIP for the 2010 SO2 and 2012 PM2.5

NAAQS is approved with respect to 

section (110)(a)(1) and the following 

elements of section (110)(a)(2): (A), (B), 

(C) with respect to minor NSR and PSD 

requirements, (D)(i)(II), (D)(ii), (E), (F), 

(G), (H), (J), (K), (L), and (M). 

[FR Doc. 2017–17232 Filed 8–16–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2017–0382; FRL–9966–31– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Revisions To Implement the 

Revocation of the 1997 Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

Commonwealth of Virginia state 

implementation plan (SIP). The 

revisions pertain to amendments made 

to the Virginia Administrative Code. 

These amendments updated the State 

Air Pollution Control Board’s 

Regulations for the Control and 

Abatement of Air Pollution to be 

consistent with EPA’s final rule 

implementing the 2008 ozone national 

ambient air quality standards (NAAQS) 

and revoking the 1997 ozone NAAQS. 

See 80 FR 12264 (March 6, 2015). The 

amendments revised a regulation listing 

nonattainment areas under the 1997 

ozone NAAQS and a regulation 

regarding the 1997 ozone standard to 

reflect the revocation of the 1997 ozone 

NAAQS, which was effective April 6, 

2015. The amendments also added 

clarifying text to two transportation and 

general conformity regulations in order 

to reflect the revocation of the 1997 

ozone NAAQS. EPA is approving these 

revisions updating the Virginia 

Administrative Code to reflect the 

revocation of the 1997 ozone NAAQS in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This rule is effective on October 

16, 2017 without further notice, unless 

EPA receives adverse written comment 

by September 18, 2017. 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 No. EPA–R03– 

OAR–2017–0382 at https://

www.regulations.gov, or via email to 

stahl.cynthia@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 


sradovich on DSK3GMQ082PROD with RULES
39032 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 

1On October 1, 2015, EPA strengthened the 

ground-level ozone NAAQS to 0.070 ppm. See 80 

FR 65292 (October 26, 2015). This rulemaking 

addresses the 2008 ozone NAAQS and does not 

address the 2015 ozone NAAQS. 

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 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Sara 

Calcinore, (215) 814–2043, or by e-mail 

at calcinore.sara@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Ground level ozone is formed when 

nitrogen oxides (NOX) and volatile 

organic compounds (VOC) react in the 

presence of sunlight. NOX and VOC are 

referred to as ozone precursors and are 

emitted by many types of pollution 

sources, including motor vehicles, 

power plants, industrial facilities, and 

area wide sources, such as consumer 

products and lawn and garden 

equipment. Scientific evidence 

indicates that adverse public health 

effects occur following exposure to 

ozone. These effects are more 

pronounced in children and adults with 

lung disease. Breathing air containing 

ozone can reduce lung function and 

inflame airways, which can increase 

respiratory symptoms and aggravate 

asthma or other lung diseases. In 

response to this scientific evidence, EPA 

promulgated in 1979 the first ozone 

NAAQS, the 0.12 part per million (ppm) 

1-hour ozone NAAQS. See 44 FR 8202 

(February 8, 1979). 

EPA is required to review and 

reevaluate the ozone NAAQS every 5 

years in order to consider updated 

information regarding the effects of 

ozone on human health and the 

environment. Since February 8, 1979, 

the date of the first ozone NAAQS 

promulgation, EPA has reviewed and 

revised the ozone standard to protect 

the public health and welfare. On July 

18, 1997, EPA promulgated a revised 

ozone NAAQS, referred to as the 1997 

ozone NAAQS, of 0.08 ppm averaged 

over eight hours. 62 FR 38855. This 8- 

hour ozone NAAQS was determined to 

be more protective of public health than 

the previous 1979 1-hour ozone 

NAAQS. In 2008, EPA revised the 8- 

hour ozone NAAQS from 0.08 to 0.075 

ppm. The 0.075 ppm standard is 

referred to as the 2008 ozone NAAQS. 

See 73 FR 16436 (March 27, 2008).1

On March 6, 2015, EPA established a 

final rule addressing a range of 

nonattainment area SIP requirements for 

the 2008 ozone NAAQS. 80 FR 12264. 

This final rule also revoked the 1997 

ozone NAAQS as of April 6, 2015 and 

established anti-backsliding 

requirements that became effective once 

the 1997 ozone NAAQS was revoked. 

The anti-backsliding provisions in 40 

CFR 51.1105 require States to retain all 

applicable control requirements for the 

1997 ozone NAAQS, while enabling 

areas, where possible, to focus planning 

efforts on meeting the more protective 

2008 ozone NAAQS. 

On February 10, 2017, the 

Commonwealth of Virginia Department 

of Environmental Quality (DEQ) 

submitted a formal SIP revision 

(Revision G16). The SIP revision 

consists of amendments made to the 

Virginia Administrative Code to reflect 

the revocation of the 1997 ozone 

NAAQS according to the final rule 

established by EPA on March 6, 2015 

implementing the 2008 ozone NAAQS. 

II. Summary of SIP Revision and EPA 

Analysis 

The February 10, 2017 SIP revision 

submittal includes amended versions of 

provisions in the State Air Pollution 

Control Board’s Regulation for the 

Control and Abatement of Air Pollution 

including 9VAC5–20–204, 9VAC5–30– 

55, 9VAC5–151–20, and 9VAC5–160– 

30, which were adopted by the State Air 

Pollution Control Board on September 

9, 2016 and effective November 16, 

2016. Virginia requests that EPA 

approve this submittal so that these 

amended regulations become part of the 

Virginia SIP. 

The amendment to 9VAC5–20–204 

added text to the section stating that the 

list of Northern Virginia moderate 

nonattainment areas under the 1997 

ozone NAAQS is no longer effective 

after April 6, 2015, the effective date of 

the revocation of the 1997 ozone 

NAAQS. See 80 FR 12264 (March 6, 

2015). The amendment to 9VAC5–30–55 

added text to the section stating that the 

primary and secondary ambient air 

quality standard of 0.08 ppm shall no 

longer apply after April 6, 2015. 

Virginia also amended the Regulation 

for Transportation Conformity and the 

Regulation for General Conformity by 

adding clarifying text to 9VAC5–151–20 

and 9VAC5–160–30 stating that ‘‘The 

provisions of this chapter shall not 

apply in nonattainment and 

maintenance areas that were designated 

nonattainment or maintenance under a 

federal standard that has been revoked.’’ 

These revisions to the Virginia 

Administrative Code reflect EPA’s 

revocation of the 1997 ozone NAAQS. 

EPA’s review of this material 

indicates the February 10, 2017 

submittal is approvable as it revises 

regulations to be consistent with EPA’s 

final rule implementing the 2008 ozone 

NAAQS. See 80 FR 12264 (March 6, 

2015). The revisions update regulations 

to reflect the revocation of the 1997 

NAAQS, which was effective April 6, 

2015. Therefore, the revisions do not 

affect emissions of air pollutants or 

interfere with any applicable 

requirement concerning attainment of 

reasonable further progress or any other 

applicable requirements in the CAA. 

Thus, EPA finds the revision approvable 

in accordance with section 110, 

including section 110(l), of the CAA. 

III. Final Action 

EPA is approving the Virginia SIP 

revision submitted on February 10, 

2017, which includes revisions to 

several sections of the Virginia 

Administrative Code, including 9VAC5– 

20–204, 9VAC5–30–55, 9VAC5–151–20, 

and 9VAC5–160–30 which will be 

incorporated by reference into 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 

comments are filed. This rule will be 

effective on October 16, 2017 without 

further notice unless EPA receives 

adverse comment by September 18, 

2017. 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. Please note that 

if EPA receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 


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Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 39033 

2 62 FR 27968 (May 22, 1997). 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

V. 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. 

V. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the revisions to 9VAC5– 

20–204, 9VAC5–30–55, 9VAC5–151–20, 

and 9VAC5–160–30 of the State Air 

Pollution Control Board’s Regulation for 

the Control and Abatement of Air 

Pollution discussed in Section II of this 

preamble. Therefore, these materials 

have been approved by EPA for 

inclusion in the SIP, have been 

incorporated by reference by EPA into 

that plan, are fully federally enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference by the 

Director of the Federal Register in the 

next update of the SIP compilation.2

EPA has made, and will continue to 

make, these materials generally 

available through www.regulations.gov 

and/or at the EPA Region III Office 

(please contact the person identified in 

the FOR FURTHER INFORMATION CONTACT

section of this preamble for more 

information). 

VI. 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 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 


sradovich on DSK3GMQ082PROD with RULES
39034 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 

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

where EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule 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). 

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 October 16, 2017. 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 to approve revised 

provisions of the Virginia 

Administrative Code including 9VAC5– 

20–204, 9VAC5–30–55, 9VAC5–151–20, 

and 9VAC5–160–30 for inclusion in the 

Virginia SIP 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: August 3, 2017. 

Cecil Rodrigues, 

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 entries 

for Sections 5–20–204, 5–30–55, 5–151– 

20, and 5–160–30. The revised 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 20 General Provisions 

*******

Part II Air Quality Programs 

*******

5–20–204 ....... Nonattainment Areas ....... 11/16/16 8/17/17, [Insert Federal 

Register Citation].

Addition of Subdivision C. 

Previous approval 8/14/15. 

* * * * * * * 

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

*******

5–30–55 ......... Ozone (8-hour, 0.08 ppm) 11/16/16 8/17/17, [Insert Federal 

Register Citation].

Subdivision D. is revised to read that the 1997 8- 

hour ozone NAAQS no longer apply after April 6, 

2015. 

Previous approval 6/11/13. 

*******

9 VAC 5, Chapter 151 Transportation Conformity 


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Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 39035 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued 

State citation Title/subject State effective 

date EPA approval date Explanation [former SIP citation] 

*******

Part II General Provisions 

*******

5–151–20 ....... Applicability ...................... 11/16/16 8/17/17, [Insert Federal 

Register Citation].

Subdivision B. is amended to address revoked federal standards. 

Previous approval 11/20/09. 

* * * * * * * 

9 VAC 5, Chapter 160 General Conformity 

*******

Part II General Provisions 

*******

5–160–30 ....... Applicability ...................... 11/16/16 8/17/17, [Insert Federal 

Register Citation].

Subdivision A. is amended to address revoked federal standards. 

Previous approval 12/12/11. 

* * * * * * * 

* * * * * 

[FR Doc. 2017–17235 Filed 8–16–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0174; FRL–9966–29– 

Region 4] 

Air Plan Approval: Alabama; 

Transportation Conformity 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a portion of 

a revision to the Alabama State 

Implementation plan (SIP) submitted by 

the State of Alabama on May 8, 2013, for 

the purpose of amending the 

transportation conformity rules to be 

consistent with Federal requirements. 

DATES: This direct final rule is effective 

October 16, 2017 without further notice, 

unless EPA receives adverse comment 

by September 18, 2017. 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 No. EPA–R04– 

OAR–2017–0174 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Sheckler, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9222. 

Ms. Sheckler can also be reached via 

electronic mail at sheckler.kelly@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Purpose 

A. Call to States for Conformity SIP 

Revisions 

In the Clean Air Act (CAA or Act), 

Congress recognized that actions taken 

by federal agencies could affect a State, 

Tribal, or local agency’s ability to attain 

and maintain the national ambient air 

quality standards (NAAQS). Congress 

added section 176(c) (42 U.S.C. 7506) to 

the CAA to ensure federal agencies’ 

proposed actions conform to the 

applicable SIP, Tribal Implementation 

Plan (TIP) or Federal Implementation 

Plan (FIP) for attaining and maintaining 

the NAAQS. That section requires 

federal entities to find that the 

emissions from the federal action will 

conform with the purposes of the SIP, 

TIP or FIP or not otherwise interfere 

with the State’s or Tribe’s ability to 

attain and maintain the NAAQS. 

The CAA Amendments of 1990 

clarified and strengthened the 

provisions in section 176(c). Because 

certain provisions of section 176(c) 

apply only to highway and mass transit 

funding and approvals actions, EPA 

published two sets of regulations to 

implement section 176(c). The 

Transportation Conformity Regulations, 

(40 CFR part 51, subpart T, and 40 CFR 

part 93, subpart A) first published on 

November 24, 1993 (58 FR 62188), 


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