Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 47985 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 15, 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 section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements. 

Dated: September 28, 2017. 

Onis ‘‘Trey’’ Glenn, III, 

Regional Administrator, Region 4. 

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 K—Florida 

■ 2. Section 52.520(e) is amended by 

adding a new entry for ‘‘110(a)(1) and 

(2) Infrastructure Requirements for the 

2010 1-hour NO2 NAAQS’’ at the end of 

the table to read as follows: 

§ 52.520 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS

Provision State effective 

date 

EPA approval 

date 

Federal Register 

notice Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 NAAQS.2/3/2017 10/16/2017 [Insert citation of 

publication].

Addressing Prongs 1 and 2 of section 

110(a)(2)(D)(i) only. 

[FR Doc. 2017–22229 Filed 10–13–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2016–0592; FRL–9969–40– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Amendment to Ambient Air Quality 

Standard for Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the 

Commonwealth of Virginia state 

implementation plan (SIP). This 

revision consists of an amendment to 

Virginia’s SIP to incorporate by 

reference, the most recent federal 

ambient air quality standard for ozone. 

EPA is approving this revision in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This rule is effective on 

December 15, 2017 without further 

notice, unless EPA receives adverse 

written comment by November 15, 

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–2016–0592 at http://

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 

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: 

Gavin Huang, (215) 814–2042, or by 

email at huang.gavin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 26, 2015 (80 FR 65292), 

EPA revised the primary and secondary 

national ambient air quality standards 

(NAAQS) for ozone to 0.070 parts per 

million (ppm). The primary and 

secondary ambient air quality standards 

are met at an ambient air quality 

monitoring site when the 3-year average 

of the annual fourth-highest daily 

maximum 8-hour average ozone 

concentration is less than or equal to 

0.070 ppm. 

On July 25, 2016, the Commonwealth 

of Virginia through the Virginia 

Department of Environmental Quality 

(VADEQ) submitted a formal revision to 

its SIP. The SIP revision seeks to 

incorporate the 2015 ozone NAAQS 

promulgated by EPA into the Virginia 

SIP. 

II. Summary of SIP Revision and EPA 

Analysis 

In the July 25, 2016 SIP submission, 

Virginia seeks to add regulation 9VAC5– 

30–57 ‘‘Ozone (8-hour 0.070 ppm)’’ to 

the Virginia SIP. Regulation 9VAC5–30– 

57 incorporates by reference the 2015 

ozone NAAQS as promulgated by EPA 

and is consistent with the NAAQS set 

out in 40 CFR part 50. See 80 FR 65292 

(October 26, 2015). 


jstallworth on DSKBBY8HB2PROD with RULES
47986 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

Virginia’s submittal seeks to 

incorporate the revised 2015 ozone 

NAAQS, as promulgated by EPA, into 

the approved Virginia SIP. Therefore, 

EPA finds the SIP submittal approvable 

pursuant to section 110 of the CAA. 

III. Final Action 

EPA is approving the July 25, 2016 

Virginia SIP revision submittal which 

seeks to add regulation 9VAC5–30–57 

‘‘Ozone (8-hour 0.070 ppm)’’ to the 

Virginia SIP pursuant to section 110 of 

the CAA. Regulation 9VAC5–30–57 sets 

the level of the 8-hour ozone standard 

at 0.070 ppm, consistent with EPA’s 

2015 ozone NAAQS. 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 this 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 15, 2017 without 

further notice unless EPA receives 

adverse comment by November 15, 

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. 

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 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 Virginia 9VAC5–30–57 

described in the amendment to 40 CFR 

part 52 set forth below. 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). 

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.1

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 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 47987 

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. 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 December 15, 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 this 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 regulation 9VAC5– 

30–57 ‘‘Ozone (8-hour 0.070 ppm)’’ to 

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, Ozone. 

Dated: September 22, 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 adding an entry for 

Section 5–30–57 in numerical order to 

read 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] 

*******

5–30–57 .................. Ozone (8-hour, 0.070 ppm) ........ 06/01/2016 10/16/2017, [Insert Federal Register Citation].

*******


jstallworth on DSKBBY8HB2PROD with RULES
47988 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 

1CTGs are documents issued by EPA intended to 

provide state and local air pollution control 

authorities information to assist them in 

determining RACT for VOC from various sources. 

The recommendations in the CTG are based upon 

available data and information and may not apply 

to a particular situation based upon the 

circumstances. States can follow the CTG and adopt 

state regulations to implement the 

recommendations contained therein, or they can 

adopt alternative approaches. In either case, states 

must submit their RACT rules to EPA for review 

and approval as part of the SIP process. Pursuant 

to section 184(b)(1)(B) of the CAA, all areas in the 

* * * * * 

[FR Doc. 2017–22243 Filed 10–13–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2017–0437; FRL–9969–32– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Adoption of Control 

Techniques Guidelines for Control of 

Volatile Organic Compound Emissions 

from Miscellaneous Metal Parts 

Surface Coating, Miscellaneous Plastic 

Parts Surface Coating, and Pleasure 

Craft Surface Coatings 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the 

Commonwealth of Pennsylvania’s state 

implementation plan (SIP). The revision 

includes amendments to the 

Pennsylvania Department of 

Environmental Protection’s (PADEP) 

regulations and addresses the 

requirement to adopt reasonably 

available control technology (RACT) for 

sources covered by EPA’s control 

techniques guidelines (CTG) standards 

for the following categories: 

Miscellaneous metal parts surface 

coating, miscellaneous plastic parts 

surface coating, and pleasure craft 

surface coatings, as well as related 

cleaning activities. The SIP revision also 

amends regulations for graphic arts 

systems and mobile equipment repair 

and refinishing as well as making 

general administrative changes. This 

action is being taken under the Clean 

Air Act (CAA). 

DATES: This rule is effective on 

December 15, 2017 without further 

notice, unless EPA receives adverse 

written comment by November 15, 

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–2017–0437 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 

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: 

Gregory A. Becoat, (215) 814–2036, or 

by email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

November 18, 2016, PADEP submitted a 

revision to the Pennsylvania SIP 

concerning the adoption of EPA’s CTG 

for miscellaneous metal parts surface 

coating processes, miscellaneous plastic 

parts surface coating processes, and 

pleasure craft surface coatings. 

Specifically, PADEP has amended 25 

Pennsylvania Code (Pa. Code) Chapter 

129 (relating to standards for sources) to 

address RACT and further reduce 

volatile organic compounds (VOC) 

emissions in Pennsylvania. In 

accordance with sections 172(c)(1), 

182(b)(2)(A) and 184(b)(1)(B) of the 

CAA, Pennsylvania’s SIP revision 

submittal establishes VOC emission 

limitations and other requirements 

consistent with the recommendations of 

EPA’s 2008 Control Techniques 

Guidelines for Miscellaneous Metal and 

Plastic Parts Coatings (MMPP) 

(Publication No. EPA 453/R–08–003; 

September 2008) and Control 

Techniques Guidelines for Automobile 

and Light-Duty Truck Assembly 

Coatings for these sources in the 

Commonwealth of Pennsylvania 

(Publication No. EPA 453/R–08–006). 

I. Background 

Ground level ozone is formed in the 

atmosphere by photochemical reactions 

between VOCs, nitrogen oxides (NOX), 

and carbon monoxide (CO) in the 

presence of sunlight. In order to reduce 

ozone concentrations in the ambient air, 

the CAA requires all nonattainment 

areas to apply controls on VOC and NOX

emission sources to achieve emission 

reductions. Among effective control 

measures, RACT controls significantly 

reduce VOC and NOX emissions from 

major stationary sources. 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. 

RACT is defined as the lowest 

emission limitation that a particular 

source is capable of meeting by the 

application of control technology that is 

reasonably available considering 

technological and economic feasibility 

(44 FR 53761 at 53762, September 17, 

1979). Section 182 of the CAA sets forth 

two separate RACT requirements for 

ozone nonattainment areas. The first 

requirement, contained in section 

182(a)(2)(A) of the CAA, and referred to 

as RACT fix-up requires the correction 

of RACT rules for which EPA identified 

deficiencies before the CAA was 

amended in 1990. Pennsylvania 

previously corrected its deficiencies 

under the 1-hour ozone standard and 

has no further deficiencies to correct 

under this section of the CAA. The 

second requirement, set forth in section 

182(b)(2) of the CAA, applies to 

moderate (or worse) ozone 

nonattainment area as well as to 

marginal and attainment areas in ozone 

transport regions (OTRs) established 

pursuant to section 184 of the CAA, and 

requires these areas to implement RACT 

controls on all major VOC and NOX

emission sources and on all sources and 

source categories covered by a CTG 

issued by EPA.1 See CAA section 

182(b)(2) and 184(b). 


jstallworth on DSKBBY8HB2PROD with RULES