Rule2022-19552
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 12, 2022
Effective
October 12, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Commonwealth of Virginia. The 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. EPA is approving these revisions to the Virginia SIP in accordance with the requirements of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 87 Issue 175 (Monday, September 12, 2022)</title>
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[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Rules and Regulations]
[Pages 55697-55699]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19552]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0855; FRL-8941-02-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: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Virginia. The 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. EPA is approving
these revisions to the Virginia SIP in accordance with the requirements
of the Clean Air Act (CAA).
DATES: This final rule is effective on October 12, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2021-0855. All documents in the docket are listed on
the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the index, some
information is not publicly available, e.g., 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 through //
<a href="http://www.regulations.gov">www.regulations.gov</a>, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
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 <a href="/cdn-cgi/l/email-protection#86c2e3f0ede9f2e7a8e9ebc6e3f6e7a8e1e9f0"><span class="__cf_email__" data-cfemail="7b3f1e0d10140f1a5514163b1e0b1a551c140d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On June 27, 2022 (87 FR 38046), EPA published a notice of proposed
rulemaking (NPRM) for the Commonwealth of Virginia. In the NPRM, EPA
proposed approval of a state implementation plan (SIP) revision
submitted by the Commonwealth of Virginia. This revision provides
Virginia's determination for the 2015 Ozone NAAQS, via a negative
declaration, that there are no sources within the Northern Virginia VOC
Emissions Control Area subject to EPA's 2016 Oil and Gas CTG. The 2016
Oil and Gas CTG provides information to state, local, and tribal air
agencies to assist them in determining reasonably available control
technology (RACT) for VOC emissions from select oil and natural gas
industry emission sources. Section 182(b)(2)(A) of the CAA requires
that for ozone nonattainment areas classified as Moderate or above,
states must revise their SIPs 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
184(b)(1)(B) of the CAA extends this requirement to states and areas in
the Ozone Transport Region (OTR). The term ``negative declaration''
means that the State has explored whether any facilities meeting the
applicability requirements of the CTG exist within the State and
concluded that there are no such sources. 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. The formal SIP revision was submitted by
Virginia on August 9, 2021. States with no applicable sources for a
specific CTG may submit as a SIP revision a negative declaration
stating that there are no applicable sources in the state.
II. Summary of SIP Revision and EPA Analysis
The Northern Virginia area consisting of Arlington County, Fairfax
County, Loudoun County, Prince William County, Stafford County,
Alexandria City, Fairfax City, Falls Church City, Manassas City, and
Manassas Park City is in the OTR and is subject to this 2016 Oil and
Natural Gas CTG. 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. 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. 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.
Other specific requirements of Virginia's negative declaration
certification for the 2016 Oil and Natural Gas CTG for the 2015 Ozone
NAAQS and the rationale for EPA's proposed action are explained in the
NPRM, and will not be restated here. No public comments were received
on the NPRM.
III. Final Action
EPA is approving the Negative Declaration Certification for the
2016 Oil and Natural Gas Control Techniques Guidelines for the 2015
Ozone NAAQS as a revision to the Virginia SIP.
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
[[Page 55698]]
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 Sec. 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. 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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 November 14, 2022. 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 which is a negative declaration for the 2016 Oil
and Gas CTG for the Commonwealth of Virginia may not be challenged
later in
[[Page 55699]]
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Diana Esher,
Acting Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart VV--Virginia
0
2. In Sec. 52.2420, the table in paragraph (e)(1) is amended by adding
the entry ``CTG Negative Declarations Certification for the 2015 Ozone
National Ambient Air Quality Standard for the 2016 Oil and Gas CTG'' at
the end of the table to read as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(e) * * *
(1) * * *
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Name of non-regulatory SIP Applicable State Additional
revision geographical area submittal date EPA approval date explanation
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* * * * * * *
CTG Negative Declaration Northern Virginia 8/9/21 9/12/22, [Insert Certifies negative
Certification for the 2015 Ozone VOC emissions Federal Register declaration for
National Ambient Air Quality control area. citation]. the 2016 Oil and
Standard for the 2016 Oil and Gas CTG.
Gas CTG.
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[FR Doc. 2022-19552 Filed 9-9-22; 8:45 am]
BILLING CODE 6560-50-P
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