Approval and Promulgation of Air Quality Implementation Plans; Virginia; Emission Standards for Consumer Products in the Northern Virginia Volatile Organic Compound Emissions Control Area, 4207-4210 [E7-1337]
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Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Rules and Regulations
transaction believes the funds to have been
blocked due to mistaken identity, that party
may seek to have such funds unblocked
pursuant to the administrative procedures set
forth in § 501.806 of this chapter.
*
*
*
*
3. Add a new § 594.316 to subpart C
to read as follows:
I
Otherwise associated with.
The term ‘‘to be otherwise associated
with,’’ as used in § 594.201(a)(4)(ii),
means:
(a) To own or control; or
(b) To attempt, or to conspire with
one or more persons, to act for or on
behalf of or to provide financial,
material, or technological support, or
financial or other services, to.
Dated: January 25, 2007.
J. Robert McBrien,
Acting Director, Office of Foreign Assets
Control.
[FR Doc. 07–416 Filed 1–26–07; 2:24 pm]
BILLING CODE 4811–42–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2005–VA–0017; FRL–8273–
9]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Emission Standards for Consumer
Products in the Northern Virginia
Volatile Organic Compound Emissions
Control Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Virginia. This revision pertains to the
emission standards for consumer
products sold and used in the Northern
Virginia volatile organic compound
(VOC) emissions control area. EPA is
approving this SIP revision in
accordance with the Clean Air Act (CAA
or Act).
EFFECTIVE DATE: This final rule is
effective on March 1, 2007.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2005–VA–
0017. All documents in the docket are
listed in the https://www.regulations.gov
Web site. Although listed in the
electronic docket, some information is
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15:02 Jan 29, 2007
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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
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:
NPR and will not be restated here. On
February 2, 2006, EPA received a single
comment on its January 31, 2006 NPR.
A summary of the comment submitted
and EPA’s response is provided in
Section III of this document.
I. Background
*
Subpart C—General Definitions
§ 594.316
4207
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 (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
On January 31, 2006 (71 FR 5035),
EPA published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Virginia. The NPR
proposed approval of a new rule, 9 VAC
5 Chapter 40, Consumer Products (9
VAC 5–40–7240 through 9 VAC 5–40–
7360); and the amendments to 9 VAC 5–
20–21 that incorporate by reference test
methods and procedures needed for 9
VAC 5 Chapter 40. The formal SIP
revision was submitted by the Virginia
Department of Environmental Quality
(VADEQ) on October 25, 2005.
II. Summary of SIP Revision
The Virginia consumer products rule,
9 VAC 5 Chapter 40, applies only to
sources in the Northern Virginia VOC
emissions control area designated in 9
VAC 5–20–206. The rule applies to a
person who sells, supplies, offers for
sale, or manufactures consumer
products on or after July 1, 2005. Also
included in the rule are definitions, the
VOC content limits, standards and
exemptions, innovative products,
requirements for waiver requests,
administrative requirements for labeling
and reporting, test methods for
demonstrating compliance, compliance
schedules, an alternative control plan,
monitoring, and reporting and
recordkeeping requirements.
Amendments to 9 VAC 5–20–21
incorporate by reference additional test
methods and procedures needed for 9
VAC 5 Chapter 40.
Other specific requirements of 9 VAC
5 Chapter 40, amendments to 9 VAC 5–
20–21, and the rationale for EPA’s
proposed action are explained in the
PO 00000
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Fmt 4700
Sfmt 4700
III. Summary of Public Comments and
EPA Responses
Comment: A commenter pointed out
that one of its test methods referenced
in the State regulation had been revised
and renumbered.
Response: The commenter merely
points out that one test method that the
rule incorporates has been revised and
renumbered. The commenter does not
request that EPA disapprove the rule,
nor allege that the current regulation
incorporating the earlier version of the
test method is in any way adequate.
Therefore, EPA concludes that the
information provided by the commenter
does not change EPA’s proposal to
approve the SIP revision.
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Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Rules and Regulations
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
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.
V. Final Action
EPA is approving the Virginia SIP
revision submitted on October 25, 2005
for the new regulation, 9 VAC 5 Chapter
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40—Consumer Products, and the
amendments to 9 VAC 5–20–21 that
incorporates by reference test methods
and procedures needed for 9 VAC 5
Chapter 40.
VI. 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),
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Fmt 4700
Sfmt 4700
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 April 2, 2007.
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
shall not postpone the effectiveness of
such rule or action.
This action pertaining to the Virginia
consumer products rule, 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, Ozone, Reporting and
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Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Rules and Regulations
recordkeeping requirements, Volatile
organic compounds.
1. The authority citation for part 52
continues to read as follows:
I
Dated: January 18, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
I
a. The table in paragraph (c) is
amended by adding an entry for Chapter
40, Part II, Article 50.
I b. The table in paragraph (e) is
amended by adding an entry for
‘‘Documents Incorporated by Reference’’
at the end of the table.
I
PART 52—[AMENDED]
Authority: 42 U.S.C. 7401 et seq.
40 CFR part 52 is amended as follows:
Subpart VV—Virginia
§ 52.2420
2. Section 52.2420 is amended as
follows:
I
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES
State citation
(9 VAC 5)
State
effective
date
Title/subject
*
*
*
*
Chapter 40
*
*
*
*
*
*
Exemptions .............................
3/9/05
5–40–7260 ................................
Definitions ...............................
3/9/05
5–40–7270 ................................
Standard for volatile organic
compounds.
3/9/05
5–40–7280 ................................
Alternative control plan (ACP)
for consumer products.
3/9/05
5–40–7290 ................................
Innovative Products ................
3/9/05
5–40–7300 ................................
Administrative requirements ....
3/9/05
5–40–7320 ................................
Compliance .............................
3/9/05
5–40–7330 ................................
Compliance schedules ............
3/9/05
5–40–7340 ................................
Test methods and procedures
3/9/05
5–40–7350 ................................
Monitoring ...............................
3/9/05
5–40–7360 ................................
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5–40–7250 ................................
Notification, records and reporting.
3/9/05
*
*
VerDate Aug<31>2005
*
*
*
15:02 Jan 29, 2007
*
*
*
*
Consumer Products (Rule 4–50)
3/9/05
*
*
*
*
Applicability .............................
*
*
Emission Standards
5–40–7240 ................................
*
*
*
*
Article 50
*
Existing Stationary Sources
Part II
*
January 30, 2007 [Insert page
number where the document
begins].
January 30, 2007 [Insert page
number where the document
begins].
January 30, 2007 [Insert page
number where the document
begins].
January 30, 2007 [Insert page
number where the document
begins].
January 30, 2007 [Insert page
number where the document
begins].
January 30, 2007 [Insert page
number where the document
begins].
January 30, 2007 [Insert page
number where the document
begins].
January 30, 2007 [Insert page
number where the document
begins].
January 30, 2007 [Insert page
number where the document
begins].
January 30, 2007 [Insert page
number where the document
begins].
January 30, 2007 [Insert page
number where the document
begins].
January 30, 2007 [Insert page
number where the document
begins].
*
*
(e) * * *
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PO 00000
Explanation
[former SIP citation]
EPA approval date
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Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Rules and Regulations
Name of non-regulatory SIP revision
*
Documents Incorporated by
Reference.
*
State
submittal
date
Applicable
geographic area
*
Northern Virginia VOC Emissions Control Area designated in 9 VAC 5–20–206.
*
10/25/05
EPA approval date
*
*
*
January 30, 2007 [Insert page State effective date is 3/9/05
number where the document 9 VAC 5–20–21, Sections
begins].
E.1.a.(16)., E.4.a.(18)
through a.(20), E.6.a,
E.11.a.(3), E.12.a.(5)
through a.(8), E.14.a. and
E.14.b.
[FR Doc. E7–1337 Filed 1–29–07; 8:45 am]
A. Background
BILLING CODE 6560–50–P
Pursuant to 5 U.S.C. 5707(b), the
Administrator of General Services has
the responsibility to establish the
privately owned vehicle (POV) mileage
reimbursement rates. Separate rates are
set for airplanes, automobiles (including
trucks), and motorcycles. In order to set
these rates, GSA is required to conduct
periodic investigations, in consultation
with the Secretaries of Defense and
Transportation, and representatives of
Government employee organizations, of
the cost of travel and the operation of
POVs to employees while engaged on
official business. As required, GSA has
conducted an investigation of the costs
of operating a POA and is reporting the
cost per mile determination. The results
of the investigation have been reported
to Congress and a copy of the report
appears as an attachment to this
document. The report is being
published to comply with the
requirements of the law. GSA’s cost
studies show the Administrator of
General Services has determined the per
mile operating costs of $0.485 for
automobiles. As provided in 5 U.S.C.
5704(a)(1), the automobile
reimbursement rate cannot exceed the
single standard mileage rate established
by the Internal Revenue Service (IRS).
The IRS has announced a new single
standard mileage rate for automobiles of
$0.485 per mile effective January 1,
2007. The cost of operating a privately
owned airplane and motorcycle remain
unchanged.
GENERAL SERVICES
ADMINISTRATION
41 CFR Chapter 301
[FTR Amendment 2007–01; FTR Case 2006–
304;Docket 2007–0002, Sequence 1]
RIN 3090–AI31
Federal Travel Regulation; FTR Case
2006-304, Privately Owned Automobile
Mileage Reimbursement
Office of Governmentwide
Policy, General Services Administration
(GSA).
ACTION: Final rule.
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AGENCY:
SUMMARY: The General Services
Administration (GSA) is amending the
Federal Travel Regulation (FTR), by
amending the mileage reimbursement
rate for use of a privately owned
automobile (POA) on official travel to
reflect current costs of operation as
determined in cost studies conducted by
the General Services Administration
(GSA). The governing regulation is
revised to increase the mileage
allowance for the cost of operating a
privately owned automobile from
$0.445 to $0.485 per mile. The FTR and
any corresponding documents may be
accessed at GSA’s website at https://
www.gsa.gov/ftr.
DATES: Effective Date: February 1, 2007.
FOR FURTHER INFORMATION CONTACT: The
Regulatory Secretariat (VIR), Room
4035, GS Building, Washington, DC,
20405, (202) 501–4755, for information
pertaining to status or publication
schedules. For clarification of content,
contact Ms. Umeki G. Thorne, Program
Analyst, Office of Governmentwide
Policy, Travel Management Policy, at
(202) 208–7636. Please cite FTR
Amendment 2007–01; FTR case 2006–
304.
SUPPLEMENTARY INFORMATION:
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This regulation is excepted from the
definition of ‘‘regulation’’ or ‘‘rule’’
under Section 3(d)(3) of Executive Order
12866, Regulatory Planning and Review,
dated September 30, 1993 and,
therefore, was not subject to review
under Section 6(b) of that Executive
Order.
Frm 00022
Fmt 4700
Sfmt 4700
C. Regulatory Flexibility Act
This final rule is not required to be
published in the Federal Register for
notice and comment as per the
exemption specified in 5 U.S.C.
553(a)(2); therefore, the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
does not apply.
D. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
Federal Travel Regulation do not
impose recordkeeping or information
collection requirements, or the
collection of information from offerors,
contractors, or members of the public
that require the approval of the Office of
Management and Budget under 44
U.S.C. 3501, et seq.
E. Small Business Regulatory
Enforcement Fairness Act
This final rule is also exempt from
congressional review prescribed under 5
U.S.C. 801 since it relates solely to
agency management and personnel.
List of Subjects in 41 CFR Part 301–10
Government employees, Travel and
transportation expenses.
Dated: January 18, 2007
Lurita Doan,
Administrator of General Services.
For the reasons set forth in the
preamble, under 5 U.S.C. 5701–5709,
GSA amends 41 CFR part 301–10 as set
forth below:
I
PART 301–10—TRANSPORTATION
EXPENSES
1. The authority citation for 41 CFR
part 301–10 continues to read as
follows:
I
B. Executive Order 12866
PO 00000
Additional
Explanation
Authority: 5 U.S.C. 5707, 40 U.S.C. 121(c);
49 U.S.C. 40118, Office of Management and
Budget Circular No. A–126, ‘‘Improving the
Management and Use of Government
Aircraft.’’ Revised May 22, 1992.
2. Revise section 301–10.303,
privately owned automobile entry in the
table, to read as follows:
I
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]]>Agencies
[Federal Register Volume 72, Number 19 (Tuesday, January 30, 2007)]
[Rules and Regulations]
[Pages 4207-4210]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1337]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2005-VA-0017; FRL-8273-9]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Emission Standards for Consumer Products in the Northern
Virginia Volatile Organic Compound Emissions Control Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Virginia. This revision pertains to
the emission standards for consumer products sold and used in the
Northern Virginia volatile organic compound (VOC) emissions control
area. EPA is approving this SIP revision in accordance with the Clean
Air Act (CAA or Act).
EFFECTIVE DATE: This final rule is effective on March 1, 2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2005-VA-0017. All documents in the docket are listed
in the https://www.regulations.gov Web site. 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 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
On January 31, 2006 (71 FR 5035), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Virginia. The NPR
proposed approval of a new rule, 9 VAC 5 Chapter 40, Consumer Products
(9 VAC 5-40-7240 through 9 VAC 5-40-7360); and the amendments to 9 VAC
5-20-21 that incorporate by reference test methods and procedures
needed for 9 VAC 5 Chapter 40. The formal SIP revision was submitted by
the Virginia Department of Environmental Quality (VADEQ) on October 25,
2005.
II. Summary of SIP Revision
The Virginia consumer products rule, 9 VAC 5 Chapter 40, applies
only to sources in the Northern Virginia VOC emissions control area
designated in 9 VAC 5-20-206. The rule applies to a person who sells,
supplies, offers for sale, or manufactures consumer products on or
after July 1, 2005. Also included in the rule are definitions, the VOC
content limits, standards and exemptions, innovative products,
requirements for waiver requests, administrative requirements for
labeling and reporting, test methods for demonstrating compliance,
compliance schedules, an alternative control plan, monitoring, and
reporting and recordkeeping requirements.
Amendments to 9 VAC 5-20-21 incorporate by reference additional
test methods and procedures needed for 9 VAC 5 Chapter 40.
Other specific requirements of 9 VAC 5 Chapter 40, amendments to 9
VAC 5-20-21, and the rationale for EPA's proposed action are explained
in the NPR and will not be restated here. On February 2, 2006, EPA
received a single comment on its January 31, 2006 NPR. A summary of the
comment submitted and EPA's response is provided in Section III of this
document.
III. Summary of Public Comments and EPA Responses
Comment: A commenter pointed out that one of its test methods
referenced in the State regulation had been revised and renumbered.
Response: The commenter merely points out that one test method that
the rule incorporates has been revised and renumbered. The commenter
does not request that EPA disapprove the rule, nor allege that the
current regulation incorporating the earlier version of the test method
is in any way adequate. Therefore, EPA concludes that the information
provided by the commenter does not change EPA's proposal to approve the
SIP revision.
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 (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
[[Page 4208]]
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 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.
V. Final Action
EPA is approving the Virginia SIP revision submitted on October 25,
2005 for the new regulation, 9 VAC 5 Chapter 40--Consumer Products, and
the amendments to 9 VAC 5-20-21 that incorporates by reference test
methods and procedures needed for 9 VAC 5 Chapter 40.
VI. 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 April 2, 2007. 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 shall not postpone the effectiveness of such
rule or action.
This action pertaining to the Virginia consumer products rule, 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, Ozone, Reporting
and
[[Page 4209]]
recordkeeping requirements, Volatile organic compounds.
Dated: January 18, 2007.
Donald S. Welsh,
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. Section 52.2420 is amended as follows:
0
a. The table in paragraph (c) is amended by adding an entry for Chapter
40, Part II, Article 50.
0
b. The table in paragraph (e) is amended by adding an entry for
``Documents Incorporated by Reference'' at the end of the table.
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State
State citation (9 VAC 5) Title/subject effective EPA approval date Explanation [former
date SIP citation]
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 40 Existing Stationary Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part II Emission Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 50 Consumer Products (Rule 4-50)
----------------------------------------------------------------------------------------------------------------
5-40-7240......................... Applicability....... 3/9/05 January 30, 2007
[Insert page number
where the document
begins].
5-40-7250......................... Exemptions.......... 3/9/05 January 30, 2007
[Insert page number
where the document
begins].
5-40-7260......................... Definitions......... 3/9/05 January 30, 2007
[Insert page number
where the document
begins].
5-40-7270......................... Standard for 3/9/05 January 30, 2007
volatile organic [Insert page number
compounds. where the document
begins].
5-40-7280......................... Alternative control 3/9/05 January 30, 2007
plan (ACP) for [Insert page number
consumer products. where the document
begins].
5-40-7290......................... Innovative Products. 3/9/05 January 30, 2007
[Insert page number
where the document
begins].
5-40-7300......................... Administrative 3/9/05 January 30, 2007
requirements. [Insert page number
where the document
begins].
5-40-7320......................... Compliance.......... 3/9/05 January 30, 2007
[Insert page number
where the document
begins].
5-40-7330......................... Compliance schedules 3/9/05 January 30, 2007
[Insert page number
where the document
begins].
5-40-7340......................... Test methods and 3/9/05 January 30, 2007
procedures. [Insert page number
where the document
begins].
5-40-7350......................... Monitoring.......... 3/9/05 January 30, 2007
[Insert page number
where the document
begins].
5-40-7360......................... Notification, 3/9/05 January 30, 2007
records and [Insert page number
reporting. where the document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
[[Page 4210]]
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional
revision geographic area date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Documents Incorporated by Northern Virginia 10/25/05 January 30, 2007 State effective date
Reference. VOC Emissions [Insert page number is 3/9/05
Control Area where the document 9 VAC 5-20-21,
designated in 9 VAC begins]. Sections
5-20-206. E.1.a.(16).,
E.4.a.(18) through
a.(20), E.6.a,
E.11.a.(3),
E.12.a.(5) through
a.(8), E.14.a. and
E.14.b.
----------------------------------------------------------------------------------------------------------------
[FR Doc. E7-1337 Filed 1-29-07; 8:45 am]
BILLING CODE 6560-50-P
