High Quality
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76165
Federal Register
/Vol. 70, No. 246/Friday, December 23, 2005/Rules and Regulations
(2) Assist or support training andinformational programs for Departmentattorneys and client agencies concerningSection 530B and other professionalresponsibility requirements, includingdisseminating relevant and timelyinformation.(3) Assemble, centralize and maintainethics reference materials, including thecodes of ethics of the District of Columbia and every state and territory,and any relevant interpretations thereof.(4) Coordinate with the relevantlitigating components of the Departmentto defend attorneys in any disciplinaryor other proceeding where it is allegedthat they failed to meet their ethicalobligations, provided that the attorneymade a good-faith effort to ascertain theethics requirements and made a good-faith effort to comply with thoserequirements.(5) Serve as a liaison with the stateand federal bar associations in mattersrelating to the implementation andinterpretation of Section 530B, andamendments and revisions to thevarious state ethics codes.(6) Perform such other duties andassignments as deemed necessary fromtime to time by the Attorney General orthe Deputy Attorney General.(c) Nothing in this subpart shall beconstrued as affecting the functions oroverriding the authority of the Office of Legal Counsel as established by 28 CFR0.25.
Dated: December 15, 2005.
Alberto R. Gonzales,
Attorney General.
[FR Doc. 05
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BILLING CODE 4410
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P
ENVIRONMENTAL PROTECTIONAGENCY40 CFR Parts 52 and 81
[EPA
–
R03
–
OAR
–
2005
–
VA
–
0007; FRL
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8012
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2]
Approval and Promulgation of AirQuality Implementation Plans; Virginia;Redesignation of the City ofFredericksburg, Spotsylvania County,and Stafford County OzoneNonattainment Area to Attainment andApproval of the Area
’
s MaintenancePlan
AGENCY
:
Environmental ProtectionAgency (EPA).
ACTION
:
Final rule.
SUMMARY
:
EPA is approving aredesignation request and a StateImplementation Plan (SIP) revisionsubmitted by the Commonwealth of Virginia. The Virginia Department of Environmental Quality (VADEQ) isrequesting that the City of Fredericksburg, Spotsylvania County,and Stafford County (the Fredericksburgarea) be redesignated as attainment forthe 8-hour ozone national ambient airquality standard (NAAQS). Inconjunction with its redesignationrequest, the Commonwealth submitted aSIP revision consisting of a maintenanceplan for the Fredericksburg area thatprovides for continued attainment of the8-hour ozone NAAQS for the next 10years. EPA is also approving theadequacy determination for the motorvehicle emission budgets (MVEBs) thatare identified in the 8-hour maintenanceplan for the Fredericksburg area forpurposes of transportation conformity,and is approving those MVEBs. EPA isapproving the redesignation request andthe maintenance plan revision to theVirginia SIP in accordance with therequirements of the CAA.
DATES
:
Effective Date:
This final rule iseffective on January 23, 2006.
ADDRESSES
:
EPA has established adocket for this action under Docket IDNumber EPA
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R03
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OAR
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2005
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VA
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0007. All documents in the docket arelisted in the
http://www.regulations.gov
Web site. Although listed in theelectronic docket, some information isnot publicly available, i.e., confidential business information (CBI) or otherinformation whose disclosure isrestricted by statute. Certain othermaterial, such as copyrighted material,is not placed on the Internet and will bepublicly available only in hard copyform. Publicly available docketmaterials are available eitherelectronically through
http:// www.regulations.gov
or in hard copy forpublic inspection during normal business hours at the Air ProtectionDivision, U.S. Environmental ProtectionAgency, Region III, 1650 Arch Street,Philadelphia, Pennsylvania 19103.Copies of the State submittal areavailable at the Virginia Department of Environmental Quality, 629 East MainStreet, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT
:
Amy Caprio, (215) 814
–
2156, or by e-mail at
caprio.amy@epa.gov.
SUPPLEMENTARY INFORMATION
:
I. Background
On September 12, 2005 (70 FR 53746),EPA proposed approval of aredesignation request and maintenanceplan submitted by the Commonwealthof Virginia for the Fredericksburg area.On September 30, 2005 (70 FR 57238),EPA withdrew the September 12, 2005proposed rule.On November 2, 2005 (70 FR 66316),EPA published a notice of proposedrulemaking (NPR) for theCommonwealth of Virginia. The NPRproposed approval of both Virginia
’
sredesignation request and a SIP revisionthat establishes a maintenance plan forthe Fredericksburg area that sets forthhow the Fredericksburg area willmaintain attainment of the 8-hour ozoneNAAQS for the next 10 years. Theformal SIP revision was submitted bythe VADEQ on May 2, 2005 and May 4,2005. Other specific requirements of Virginia
’
s redesignation request SIPrevision for the maintenance plan, andthe rationale for EPA
’
s proposed actionare explained in the NPR and will not be restated here. No public commentswere received on the NPR.
II. General Information Pertaining toSIP Submittals From theCommonwealth of Virginia
In 1995, Virginia adopted legislationthat provides, subject to certainconditions, for an environmentalassessment (audit)
‘‘
privilege
’’
forvoluntary compliance evaluationsperformed by a regulated entity. Thelegislation further addresses the relative burden of proof for parties eitherasserting the privilege or seekingdisclosure of documents for which theprivilege is claimed. Virginia
’
slegislation also provides, subject tocertain conditions, for a penalty waiverfor violations of environmental lawswhen a regulated entity discovers suchviolations pursuant to a voluntarycompliance evaluation and voluntarilydiscloses such violations to theCommonwealth and takes prompt andappropriate measures to remedy theviolations. Virginia
’
s VoluntaryEnvironmental Assessment PrivilegeLaw, Va. Code Sec. 10.1
–
1198, providesa privilege that protects from disclosuredocuments and information about thecontent of those documents that are theproduct of a voluntary environmentalassessment. The Privilege Law does notextend to documents or information (1)that are generated or developed beforethe commencement of a voluntaryenvironmental assessment; (2) that areprepared independently of theassessment process; (3) that demonstratea clear, imminent and substantialdanger to the public health orenvironment; or (4) that are required bylaw.On January 12, 1998, theCommonwealth of Virginia Office of theAttorney General provided a legalopinion that states that the Privilegelaw, Va. Code Sec. 10.1
–
1198, precludesgranting a privilege to documents andinformation
‘‘
required by law,
’’
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including documents and information
‘‘
required by Federal law to maintainprogram delegation, authorization orapproval,
’’
since Virginia must
‘‘
enforceFederally authorized environmentalprograms in a manner that is no lessstringent than their Federal counterparts***.
’’
The opinion concludes that
‘‘
[r]egarding
§
10.1
–
1198, therefore,documents or other information neededfor civil or criminal enforcement underone of these programs could not beprivileged because such documents andinformation are essential to pursuingenforcement in a manner required byFederal law to maintain programdelegation, authorization or approval.
’’
Virginia
’
s Immunity law, Va. CodeSec. 10.1
–
1199, provides that
‘‘
[t]o theextent consistent with requirementsimposed by Federal law,
’’
any personmaking a voluntary disclosure of information to a state agency regardinga violation of an environmental statute,regulation, permit, or administrativeorder is granted immunity fromadministrative or civil penalty. TheAttorney General
’
s January 12, 1998opinion states that the quoted languagerenders this statute inapplicable toenforcement of any Federally authorizedprograms, since
‘‘
no immunity could beafforded from administrative, civil, orcriminal penalties because grantingsuch immunity would not be consistentwith Federal law, which is one of thecriteria for immunity.
’’
Therefore, EPA has determined thatVirginia
’
s Privilege and Immunitystatutes will not preclude theCommonwealth from enforcing itsprogram consistent with the Federalrequirements. In any event, becauseEPA has also determined that a stateaudit privilege and immunity law canaffect only state enforcement and cannothave any impact on Federalenforcement authorities, EPA may atany time invoke its authority under theClean Air Act, including, for example,sections 113, 167, 205, 211 or 213, toenforce the requirements or prohibitionsof the state plan, independently of anystate enforcement effort. In addition,citizen enforcement under section 304of the Clean Air Act is likewiseunaffected by this, or any, state auditprivilege or immunity law.
III. Final Action
EPA is approving the Commonwealthof Virginia
’
s May 2, 2005 redesignationrequest and May 4, 2005 maintenanceplan because the requirements forapproval have been satisfied. EPA hasevaluated Virginia
’
s redesignationrequest, submitted on May 2, 2005, anddetermined that it meets theredesignation criteria set forth in section107(d)(3)(E) of the CAA. EPA believesthat the redesignation request andmonitoring data demonstrate that theFredericksburg area has attained the 8-hour ozone standard. The final approvalof this redesignation request will changethe designation of the Fredericksburgarea from nonattainment to attainmentfor the 8-hour ozone standard. EPA isapproving the associated maintenanceplan for this area, submitted on May 4,2005, as a revision to the Virginia SIP.EPA is approving the maintenance planfor the Fredericksburg area because itmeets the requirements of section 175A.EPA is also approving the MVEBssubmitted by Virginia for this area inconjunction with its redesignationrequest. The Fredericksburg area issubject to the CAA
’
s requirements formoderate ozone nonattainment areasuntil and unless it is redesignated toattainment.
IV. Statutory and Executive OrderReviews
A. General Requirements
Under Executive Order 12866 (58 FR51735, October 4, 1993), this action isnot a
‘‘
significant regulatory action
’’
andtherefore is not subject to review by theOffice of Management and Budget. Forthis reason, this action is also notsubject to Executive Order 13211,
‘‘
Actions Concerning Regulations ThatSignificantly Affect Energy Supply,Distribution, or Use
’’
(66 FR 28355 (May22, 2001)). This action merely approvesstate law as meeting Federalrequirements and imposes no additionalrequirements beyond those imposed bystate law. Redesignation of an area toattainment under section 107(d)(3)(e) of the Clean Air Act does not impose anynew requirements on small entities.Redesignation is an action that affectsthe status of a geographical area anddoes not impose any new regulatoryrequirements on sources. Accordingly,the Administrator certifies that this rulewill not have a significant economicimpact on a substantial number of smallentities under the Regulatory FlexibilityAct (5 U.S.C. 601
et seq.
). Because thisrule approves pre-existing requirementsunder state law and does not imposeany additional enforceable duty beyondthat required by state law, it does notcontain any unfunded mandate orsignificantly or uniquely affect smallgovernments, as described in theUnfunded Mandates Reform Act of 1995(Pub. L. 104
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4). This rule also does nothave a substantial direct effect on one ormore Indian tribes, on the relationship between the Federal Government andIndian tribes, or on the distribution of power and responsibilities between theFederal Government and Indian tribes,as specified by Executive Order 13175(65 FR 67249, November 9, 2000), norwill it have substantial direct effects onthe States, on the relationship betweenthe national government and the States,or on the distribution of power andresponsibilities among the variouslevels of government, as specified inExecutive Order 13132 (64 FR 43255,August 10, 1999), because it merelyproposes to affect the status of ageographical area, does not impose anynew requirements on sources, or allowthe state to avoid adopting orimplementing other requirements, anddoes not alter the relationship or thedistribution of power andresponsibilities established in the CleanAir Act. This rule also is not subject toExecutive Order 13045 (62 FR 19885,April 23, 1997), because it is noteconomically significant.In reviewing SIP submissions, EPA
’
srole is to approve state choices,provided that they meet the criteria of the Clean Air Act. In this context, in theabsence of a prior existing requirementfor the State to use voluntary consensusstandards (VCS), EPA has no authorityto disapprove a SIP submission forfailure to use VCS. It would thus beinconsistent with applicable law forEPA, when it reviews a SIP submission,to use VCS in place of a SIP submissionthat otherwise satisfies the provisions of the Clean Air Act. Redesignation is anaction that affects the status of ageographical area and does not imposeany new requirements on sources. Thus,the requirements of section 12(d) of theNational Technology Transfer andAdvancement Act of 1995 (15 U.S.C.272 note) do not apply. As required bysection 3 of Executive Order 12988 (61FR 4729, February 7, 1996), in issuingthis rule, EPA has taken the necessarysteps to eliminate drafting errors andambiguity, minimize potential litigation,and provide a clear legal standard foraffected conduct. EPA has compliedwith Executive Order 12630 (53 FR8859, March 15, 1988) by examining thetakings implications of the rule inaccordance with the
‘‘
AttorneyGeneral
’
s Supplemental Guidelines forthe Evaluation of Risk and Avoidance of Unanticipated Takings
’’
issued underthe executive order.
B. Submission to Congress and theComptroller General
The Congressional Review Act, 5U.S.C. 801
et seq.
, as added by the SmallBusiness Regulatory EnforcementFairness Act of 1996, generally providesthat before a rule may take effect, theagency promulgating the rule mustsubmit a rule report, which includes a
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copy of the rule, to each House of theCongress and to the Comptroller Generalof the United States. EPA will submit areport containing this rule and otherrequired information to the U.S. Senate,the U.S. House of Representatives, andthe Comptroller General of the UnitedStates prior to publication of the rule inthe
Federal Register
. This rule 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 CleanAir Act, petitions for judicial review of this action must be filed in the UnitedStates Court of Appeals for theappropriate circuit by February 21,2006. Filing a petition forreconsideration by the Administrator of this final rule does not affect the finalityof this rule for the purposes of judicialreview nor does it extend the timewithin which a petition for judicialreview may be filed, and shall notpostpone the effectiveness of such ruleor action.This action, to approve theredesignation request, maintenance planand adequacy determination for MVEBsfor the Fredericksburg area, may not bechallenged later in proceedings toenforce its requirements. (See section307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Airpollution control, Intergovernmentalrelations, Ozone, Nitrogen dioxide,Reporting and recordkeepingrequirements, Volatile organiccompounds.
40 CFR Part 81
Environmental protection, Airpollution control, National parks,Wilderness areas.
Dated: December 13, 2005.
Donald S. Welsh,
Regional Administrator, Region III.
I
40 CFR parts 52 and 81 are amendedas follows:
PART 52
—
[AMENDED]
I
1. The authority citation for part 52continues to read as follows:
Authority:
42 U.S.C. 7401
et seq.
Subpart VV
—
Virginia
I
2. In
§
52.2420, the table in paragraph(e) is amended by adding an entry forthe 8
–
Hour Ozone Maintenance Plan,Fredericksburg, VA Area at the end of the table to read as follows:
§
52.2420Identification of plan.
* * * * *(e) ***
Name of non-regulatory SIP revision Applicable geographic areaState submittaldateEPA approval dateAdditionalexplanation*******8
–
Hour Ozone Maintenance Plan for theFredericksburg VA Area.City of Fredericksburg, SpotsylvaniaCounty, and Stafford County.5/4/05 12/23/05 [Insertpage numberwhere the docu-ment begins].
PART 81
—
[AMENDED]
I
1. The authority citation for Part 81continues to read as follows:
Authority:
42 U.S.C. 7401
et seq.
I
2. Section 81.347 is amended byrevising the ozone table entry for theFredericksburg, VA Area to read asfollows:
§
81.347Virginia.
* * * * *
V
IRGINIA
—
O
ZONE
(8
–
H
OUR
S
TANDARD
)
Designated areaDesignation
a
Category/classificationDate
1
Type Date
1
Type*******Fredericksburg, VA Area:City of Fredericksburg..............................................................12/23/05 Attainment.Spotsylvania County.................................................................12/23/05 Attainment.Stafford County.........................................................................12/23/05 Attainment.*******
a
Includes Indian Country located in each county or area, except as otherwise specified.
1
This date is June 15, 2004, unless otherwise noted.
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