Approval and Promulgation of Air Quality Implementation Plans; Virginia; Documents Incorporated by Reference, 10838-10842 [06-1943]
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Federal Register / Vol. 71, No. 42 / Friday, March 3, 2006 / Rules and Regulations
place or the planning regulations in
effect before November 9, 2000, for the
next revision of its land management
plan to respond to the court’s order.
This plan is a programmatic document
that provides guidance and information
for future project-level resource
management decisions. The revised
plan may designate major rights-of-way
corridors for utility transmission lines,
pipelines, and water canals. The effects
of such designations on energy supply,
distribution, or use will be considered at
the time such designations are
proposed.
Controlling Paperwork Burdens on the
Public
This final rule does not contain any
additional record keeping or reporting
requirements or other information
collection requirements as defined in 5
CFR part 1320 that are not already
required by law or not already approved
for use and, therefore, imposes no
additional paperwork burden on the
public. Accordingly, the review
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.) and
its implementing regulations at 5 CFR
part 1320 do not apply.
Federalism
The Department has considered this
final rule under the requirements of
Executive Order 13132, Federalism. The
Department has made an assessment
that the rule conforms with the
Federalism principles set out in this
Executive order; would not impose any
compliance costs on the States; and
would not have substantial direct effects
on the States, on the relationship
between the national government and
the States, nor on the distribution of
power and responsibilities among the
various levels of government. Therefore,
the Department concludes that the final
rule does not have Federalism
implications.
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Consultation With Tribal Governments
This final rule does not have tribal
implications as defined in Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, and, therefore, advance
consultation with tribes is not required.
No Takings Implications
This final rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
12630, and it has been determined that
the rule does not pose the risk of a
taking of private property. This final
rule only allows the Tongass National
Forest to use either the existing
planning regulations or the regulations
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in effect before November 9, 2000, for its
next plan revision.
Civil Justice Reform
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. The Department has not
identified any State or local laws or
regulations that are in conflict with this
regulation or that would impede full
implementation of this rule. After
adoption of this final rule: (1) All State
and local laws or regulations that
conflict with this rule or that would
impede full implementation would be
preempted; (2) no retroactive effect
would be given to this final rule; and (3)
the final rule would not require the use
of administrative proceedings before
parties could file suit in court
challenging its provisions.
Unfunded Mandates
Pursuant to Title II of the Unfunded
Mandates Reform Act of 1995 (2 U.S.C.
1531–1538), which the President signed
into law on March 22, 1995, the
Department has assessed the effects of
this final rule on State, local, and Tribal
governments and the private sector.
This final rule does not compel the
expenditure of $100 million or more by
any State, local, or Tribal governments
or anyone in the private sector.
Therefore, a statement under section
202 of the act is not required.
List of Subjects in 36 CFR Part 219
Administrative practice and
procedure, Environmental impact
statements, Indians, Intergovernmental
relations, Forest and forest products,
National forests, Natural resources,
Reporting and recordkeeping
requirements, Science and technology.
Therefore, for the reasons set forth in
the preamble, the Department of
Agriculture amends subpart A of part
219 of title 36 of the Code of Federal
Regulations as follows:
I
PART 219—PLANNING
Subpart A—National Forest System
Land Management Planning
1. The authority citation for subpart A
continues to read as follows:
I
Authority: 5 U.S.C. 301; 16 U.S.C. 1604,
1613.
2. Amend § 219.14 by revising
paragraph (d)(1) to read as follows:
I
§ 219.14
Effective dates and transition.
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(d)(1) Plan development and plan
revisions initiated after January 5, 2005
must conform to the requirements of
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this subpart, except that the plan for the
Tongass National Forest may be revised
once under this subpart or the planning
regulations in effect before November 9,
2000.
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Dated: February 22, 2006.
David P. Tenny,
Deputy Under Secretary, Natural Resources
and Environment.
[FR Doc. 06–2021 Filed 3–2–06; 8:45 am]
BILLING CODE 3410–11–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2005–VA–0014; FRL–8039–
8]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Documents Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action to approve revisions to the
Virginia State Implementation Plan
(SIP). The revisions consist of revised
citations, editions, and corrected
addresses to documents which are
incorporated by reference in Virginia’s
SIP-approved regulations. EPA is
approving these revisions in accordance
with the requirements of the Clean Air
Act (CAA).
DATES: This rule is effective on May 2,
2006 without further notice, unless EPA
receives adverse written comment by
April 3, 2006. 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 Number EPA–
R03–OAR–2005–VA–0014 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail: frankford.harold@epa.gov.
C. Mail: EPA–R03–OAR–2005–VA–
0014, Harold A. Frankford, Office of Air
Programs, Mailcode 3AP20, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
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Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2005–
VA–0014. EPA’s policy is that all
comments received will be included in
the public docket without change, and
may be made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., 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 either
electronically in https://
www.regulations.gov or in hard copy
during normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Virginia Department of
Environmental Quality, 629 East Main
Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT:
Harold A. Frankford, (215) 814–2108, or
by e-mail at frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
On August 25, 2005 and October 25,
2005, the Commonwealth of Virginia
submitted formal revisions to its State
Implementation Plan (SIP). The SIP
revisions consist of revised citations,
editions, and corrected addresses to
technical documents which are
incorporated by reference in Virginia’s
SIP regulations.
II. Summary of SIP Revisions
A. Description of Submittals
On August 25, 2005, Virginia
submitted revised citations, editions,
and corrected addresses to technical
documents which are incorporated by
reference in Virginia’s regulations. The
document citations are listed in Virginia
Regulation 9 VAC 5–20–21. The
referenced publications include
documents such as ‘‘Code for Motor
Fuel Dispensing Facilities and Repair
Garages,’’ ‘‘Standard for Tank Vehicles
and Flammable and Combustible
Liquids,’’ and ‘‘Flammable and
Combustible Liquids Code’’ by the
National Fire Protection Association
(NFPA); ‘‘Atmospheric Emissions from
Sulfuric Acid Manufacturing Processes’’
by the Environmental Protection
Agency; and ‘‘Test for Pour Point of
Petroleum Oils’’ by the American
Society for Testing and Materials
(ASTM). Virginia has also updated the
citations, editions and addresses of
documents prepared by EPA, ASTM,
NFPA, the U.S. Government Printing
Office (GPO), and American Petroleum
Institute (API). In addition, Virginia has
revised rules in 9 VAC 5, Chapter 40,
Articles 5 (Synthesized Pharmaceutical
Products Manufacturing Operations), 21
(Sulfuric Acid Production Units), and
37 (Petroleum Liquid Storage and
Transfer Operations) which crossreference the documents that are listed
in Regulation 9 VAC 5–20–21. The
submittal also contains an updated
reference to the July 1, 2002 Code of
Federal Regulations (CFR) which
Virginia cites in its State regulations.
On October 25, 2005, Virginia
submitted an additional revision to the
provision in 9 VAC 5–20–21.B. This
revision states that any reference to the
CFR in Virginia’s SIP-approved
regulations means those CFR provisions
which are in effect as of July 1, 2004.
B. EPA Evaluation
EPA has determined that these SIP
revisions incorporate the most up-todate version of technical documents that
are referenced in Virginia’s air pollution
control regulations, thus ensuring the
proper implementation of the air
pollution control regulations which
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comprise the SIP. EPA’s approval of the
revisions to 9 VAC 5–20–21.B is for
those provisions of the CFR which
implement control programs for air
pollutants related to the national
ambient air quality standards (NAAQS)
and regional haze.
III. 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 (1)
that are generated or developed before
the commencement of a voluntary
environmental assessment; (2) that are
prepared independently of the
assessment process; (3) that demonstrate
a clear, imminent and substantial
danger to the public health or
environment; or (4) that 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
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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
Clean Air Act, 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 Clean Air Act is likewise
unaffected by this, or any, state audit
privilege or immunity law.
IV. Final Action
EPA is approving revisions to the
Virginia SIP submitted by the
Commonwealth of Virginia on August
25, 2005 and October 25, 2005. These
revisions consist of revised citations,
editions, and corrected addresses to
documents that are incorporated by
reference in Virginia’s SIP-approved
regulations. EPA is publishing this rule
without prior proposal because the
Agency 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 May 2, 2006 without further
notice unless EPA receives adverse
comment by April 3, 2006. If EPA
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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,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
V. Statutory and Executive Order
Reviews
A. General Requirements
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it 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). This rule also does not
have tribal implications because it will
not have a substantial direct effect on
one or more Indian tribes, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
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Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal requirement, and does not alter
the relationship or the distribution of
power and responsibilities established
in the Clean Air Act. This rule also is
not subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
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 rule 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. 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 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 May 2, 2006.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
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Federal Register / Vol. 71, No. 42 / Friday, March 3, 2006 / Rules and Regulations
Dated: February 22, 2006.
William Early,
Acting Regional Administrator, Region III.
shall not postpone the effectiveness of
such rule or action. This action
approving the revisions to Virginia rule
9 VAC 5–20–21 that update the
technical documents and CFR
provisions which are incorporated by
reference may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
a. In paragraph (c) by revising the
entries for State citations 5–40–460, 5–
40–2930, 5–40–5210, and 5–40–5230 for
Chapter 40.
I b. In paragraph (e) by adding entries
for Documents Incorporated by
Reference after the existing entries.
I
I
The amendments read as follows:
§ 52.2420
Authority: 42 U.S.C. 7401 et seq.
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Subpart VV—Virginia
Identification of plan.
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(c) * * *
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2. In Section 52.2420, the tables in
paragraphs (c) and (e) are amended:
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EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES
State citation (9 VAC 5)
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Chapter 40
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Article 5
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Emission Standards
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5–40–460 ..............................................................
Article 21
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Article 37
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Control Technology
Guidelines.
2/1/02
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3/3/06 [Insert page
number where the
document begins].
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Monitoring ....................
2/1/02
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Definitions ....................
5–40–5230 ............................................................
Control Technology
Guidelines.
2/1/02
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3/3/06 [Insert page
number where the
document begins].
2/1/02
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5–40–5210 ............................................................
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Emission Standards for Petroleum Liquid Storage and Transfer Operations (Rule 4–37)
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Emission Standards for Sulfuric Acid Production Units (Rule 4–21)
5–40–2930 ............................................................
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Explanation [former SIP
citation]
Emission Standards for Synthesized Pharmaceutical Products Manufacturing Operations (Rule 4–5)
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EPA approval date
Existing Stationary Sources [Part IV]
Part II
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State effective
date
Title/subject
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16:36 Mar 02, 2006
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3/3/06 [Insert page
number where the
document begins].
3/3/06 [Insert page
number where the
document begins].
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(e) * * *
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10842
Federal Register / Vol. 71, No. 42 / Friday, March 3, 2006 / Rules and Regulations
Name of non-regulatory SIP revision
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Applicable geographic area
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State submittal
date
EPA approval date
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Additional explanation
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Documents Incorporated by Reference
(9 VAC 5–20–21, Sections D., E. (introductory sentence), E.2 (all paragraphs), E.3.b, E.4.a.(1) and (2),
E.4.b., E.5. (all paragraphs), and E.7.
(all paragraphs)).
Statewide ...............
8/25/05
3/3/06 [Insert page
number where
the document begins].
State effective date is 2/1/00.
Documents Incorporated by Reference
(9 VAC 5–20–21, Section B).
Statewide ...............
10/25/05
3/3/06 [Insert page
number where
the document begins].
State effective is 3/9/05; approval is for
those provisions of the CFR which
implement control programs for air
pollutants related to the national ambient air quality standards (NAAQS)
and regional haze.
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[FR Doc. 06–1943 Filed 3–2–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2005–VA–0016; FRL–8040–
1]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Amendments to the Ambient Air
Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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form. Publicly available docket
materials are available either
electronically through
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Virginia Department of
Environmental Quality, 629 East Main
Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT: Rose
Quinto, (215) 814–2182, or by e-mail at
quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Virginia. This revision pertains to the
amendments of the Commonwealth’s
existing ambient air quality standards.
EPA is approving this SIP revision in
accordance with the Clean Air Act (CAA
or Act).
EFFECTIVE DATE: This final rule is
effective on April 3, 2006.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2005–VA–
0016. All documents in the docket are
listed in the www.regulations.gov
website. Although listed in the
electronic docket, some information is
not publicly available, i.e., 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
SUMMARY:
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On January 6, 2006 (71 FR 892), EPA
published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Virginia. The NPR
proposed approval of the amendments
to the Commonwealth’s existing
ambient air quality standards, 9 VAC 5
Chapter 30. The formal SIP revision was
submitted by the Virginia Department of
Environmental Quality (VADEQ) on
September 26, 2005.
II. Summary of SIP Revision
The Commonwealth’s SIP revision
incorporates the 1997 national ambient
air quality standards (NAAQS) for the 8hour ozone and PM2.5 into the Virginia
Regulations for the Control and
Abatement of Air Pollution: 9 VAC 5
Chapter 30, Ambient Air Quality
Standards. The other SIP revisions
incorporated into 9 VAC 5 Chapter 30,
are amendments to the ambient air
quality standards for sulfur dioxide,
carbon monoxide, ozone (1-hour), PM10,
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
*
*
nitrogen dioxide, and lead to make the
state regulation consistent with 40 CFR
part 50.
Other specific requirements of
Regulation 9 VAC 5 Chapter 30 and the
rationale for EPA’s proposed action are
explained in the NPR and will not be
restated here. No public comments were
received on the NPR.
III. 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 (1)
that are generated or developed before
the commencement of a voluntary
environmental assessment; (2) that are
E:\FR\FM\03MRR1.SGM
03MRR1
]]>Agencies
[Federal Register Volume 71, Number 42 (Friday, March 3, 2006)]
[Rules and Regulations]
[Pages 10838-10842]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1943]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2005-VA-0014; FRL-8039-8]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Documents Incorporated by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
Virginia State Implementation Plan (SIP). The revisions consist of
revised citations, editions, and corrected addresses to documents which
are incorporated by reference in Virginia's SIP-approved regulations.
EPA is approving these revisions in accordance with the requirements of
the Clean Air Act (CAA).
DATES: This rule is effective on May 2, 2006 without further notice,
unless EPA receives adverse written comment by April 3, 2006. 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 Number EPA-
R03-OAR-2005-VA-0014 by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: frankford.harold@epa.gov.
C. Mail: EPA-R03-OAR-2005-VA-0014, Harold A. Frankford, Office of
Air Programs, Mailcode 3AP20, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
[[Page 10839]]
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2005-VA-0014. EPA's policy is that all comments received will be
included in the public docket without change, and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through https://
www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 either electronically in https://
www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Virginia Department of
Environmental Quality, 629 East Main Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, (215) 814-2108,
or by e-mail at frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 25, 2005 and October 25, 2005, the Commonwealth of
Virginia submitted formal revisions to its State Implementation Plan
(SIP). The SIP revisions consist of revised citations, editions, and
corrected addresses to technical documents which are incorporated by
reference in Virginia's SIP regulations.
II. Summary of SIP Revisions
A. Description of Submittals
On August 25, 2005, Virginia submitted revised citations, editions,
and corrected addresses to technical documents which are incorporated
by reference in Virginia's regulations. The document citations are
listed in Virginia Regulation 9 VAC 5-20-21. The referenced
publications include documents such as ``Code for Motor Fuel Dispensing
Facilities and Repair Garages,'' ``Standard for Tank Vehicles and
Flammable and Combustible Liquids,'' and ``Flammable and Combustible
Liquids Code'' by the National Fire Protection Association (NFPA);
``Atmospheric Emissions from Sulfuric Acid Manufacturing Processes'' by
the Environmental Protection Agency; and ``Test for Pour Point of
Petroleum Oils'' by the American Society for Testing and Materials
(ASTM). Virginia has also updated the citations, editions and addresses
of documents prepared by EPA, ASTM, NFPA, the U.S. Government Printing
Office (GPO), and American Petroleum Institute (API). In addition,
Virginia has revised rules in 9 VAC 5, Chapter 40, Articles 5
(Synthesized Pharmaceutical Products Manufacturing Operations), 21
(Sulfuric Acid Production Units), and 37 (Petroleum Liquid Storage and
Transfer Operations) which cross-reference the documents that are
listed in Regulation 9 VAC 5-20-21. The submittal also contains an
updated reference to the July 1, 2002 Code of Federal Regulations (CFR)
which Virginia cites in its State regulations.
On October 25, 2005, Virginia submitted an additional revision to
the provision in 9 VAC 5-20-21.B. This revision states that any
reference to the CFR in Virginia's SIP-approved regulations means those
CFR provisions which are in effect as of July 1, 2004.
B. EPA Evaluation
EPA has determined that these SIP revisions incorporate the most
up-to-date version of technical documents that are referenced in
Virginia's air pollution control regulations, thus ensuring the proper
implementation of the air pollution control regulations which comprise
the SIP. EPA's approval of the revisions to 9 VAC 5-20-21.B is for
those provisions of the CFR which implement control programs for air
pollutants related to the national ambient air quality standards
(NAAQS) and regional haze.
III. 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 (1) that are generated or developed
before the commencement of a voluntary environmental assessment; (2)
that are prepared independently of the assessment process; (3) that
demonstrate a clear, imminent and substantial danger to the public
health or environment; or (4) that 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
[[Page 10840]]
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 Clean Air Act, 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 Clean Air Act is likewise
unaffected by this, or any, state audit privilege or immunity law.
IV. Final Action
EPA is approving revisions to the Virginia SIP submitted by the
Commonwealth of Virginia on August 25, 2005 and October 25, 2005. These
revisions consist of revised citations, editions, and corrected
addresses to documents that are incorporated by reference in Virginia's
SIP-approved regulations. EPA is publishing this rule without prior
proposal because the Agency 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 May 2, 2006
without further notice unless EPA receives adverse comment by April 3,
2006. 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, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
V. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 rule 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. 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 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 May 2, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and
[[Page 10841]]
shall not postpone the effectiveness of such rule or action. This
action approving the revisions to Virginia rule 9 VAC 5-20-21 that
update the technical documents and CFR provisions which are
incorporated by reference 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, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: February 22, 2006.
William Early,
Acting Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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 Section 52.2420, the tables in paragraphs (c) and (e) are
amended:
0
a. In paragraph (c) by revising the entries for State citations 5-40-
460, 5-40-2930, 5-40-5210, and 5-40-5230 for Chapter 40.
0
b. In paragraph (e) by adding entries for Documents Incorporated by
Reference after the existing entries.
0
The amendments read as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State Explanation [former
State citation (9 VAC 5) Title/subject effective date EPA approval date SIP citation]
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 40 Existing Stationary Sources [Part IV]
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part II Emission Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 5 Emission Standards for Synthesized Pharmaceutical Products Manufacturing Operations (Rule 4-5)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
5-40-460......................... Control Technology 2/1/02 3/3/06 [Insert page ...................
Guidelines. number where the
document begins].
----------------------------------------------------------------------------------------------------------------
Article 21 Emission Standards for Sulfuric Acid Production Units (Rule 4-21)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
5-40-2930........................ Monitoring......... 2/1/02 3/3/06 [Insert page ...................
number where the
document begins].
----------------------------------------------------------------------------------------------------------------
Article 37 Emission Standards for Petroleum Liquid Storage and Transfer Operations (Rule 4-37)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
5-40-5210........................ Definitions........ 2/1/02 3/3/06 [Insert page ...................
number where the
document begins].
5-40-5230........................ Control Technology 2/1/02 3/3/06 [Insert page ...................
Guidelines. number where the
document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
[[Page 10842]]
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Documents Incorporated by Statewide.......... 8/25/05 3/3/06 [Insert page State effective
Reference (9 VAC 5-20-21, number where the date is 2/1/00.
Sections D., E. (introductory document begins].
sentence), E.2 (all paragraphs),
E.3.b, E.4.a.(1) and (2),
E.4.b., E.5. (all paragraphs),
and E.7. (all paragraphs)).
----------------------------------------------------------------------------------------------------------------
Documents Incorporated by Statewide.......... 10/25/05 3/3/06 [Insert page State effective is
Reference (9 VAC 5-20-21, number where the 3/9/05; approval
Section B). document begins]. is for those
provisions of the
CFR which
implement control
programs for air
pollutants related
to the national
ambient air
quality standards
(NAAQS) and
regional haze.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 06-1943 Filed 3-2-06; 8:45 am]
BILLING CODE 6560-50-P
