Approval and Promulgation of Air Quality Implementation Plans; Virginia; Amendments to VOC and NOX, 9441-9445 [E7-3586]
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Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Rules and Regulations
east end of the Elizabeth City Bascule
Bridges.
(46) Currituck Sound, Corolla, NC,
Safety Zone. All waters of the Croatan
Sound within a 300 yard radius of the
fireworks barge in approximate position
36°22′48″ N, 075°51′15″ W (Datum NAD
1983).
(47) Middle Sound, Figure Eight
Island, NC, Safety Zone. All waters of
the Figure Eight Island Causeway
Channel from latitude 34°16′32″ N,
077°45′32″ W, thence east along the
marsh to a position located at 34°16′19″
N, 077°44′55″ W, thence south to the
causeway at position 34°16′16″ N,
077°44′58″ W, thence west along the
shoreline to position 34°16′29″ N,
077°45′34″ W, (Datum NAD 1983),
thence back to the point of origin.
(48) Pamlico River, Washington, NC,
Safety Zone. All waters of the Pamlico
River that fall within a 300 yard radius
of the fireworks launch site at 35°32′19″
N, 077°03′20.5″ W (Datum NAD 1983),
located 500 yards north of Washington
railroad trestle bridge.
(49) Neuse River, New Bern, NC,
Safety Zone. All waters of the Neuse
River within a 360 yard radius of the
fireworks barge in approximate position
35°06′07.1″ N, 077°01′35.8″ W (Datum
NAD 1983); located 420 yards north of
the New Bern, Twin Span, high rise
bridge.
(b) Notification. (1) Fireworks barges
and launch sites on land in paragraph
(a) of this section will have a sign on the
port and starboard side of the barge or
mounted on a post 3 foot above ground
level when on land and facing the water
labeled ‘‘FIREWORKS—DANGER—
STAY AWAY’’. This will provide on
scene notice that the safety zone will be
enforced on that day. This notice will
consist of a diamond shaped sign 4 foot
by 4 foot with a 3-inch orange retro
reflective border. The word ‘‘DANGER’’
shall be 10 inch black block letters
centered on the sign with the words
‘‘FIREWORKS’’ and ‘‘STAY AWAY’’ in
6 inch black block letters placed above
and below the word ‘‘DANGER’’
respectively on a white background.
(2) Coast Guard Captains of the Port
in the Fifth Coast Guard District will
notify the public of the enforcement of
these safety zones by all appropriate
means to effect the widest publicity
among the affected segments of the
public. Publication in the local notice to
mariners, marine information
broadcasts, and facsimile broadcasts
may be made for these events, beginning
24 to 48 hours before the event is
scheduled to begin, to notify the public.
(c) Enforcement Period. The safety
zones in paragraph (a) of this section
will be enforced from 5:30 p.m. to 1 a.m.
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each day a barge with a ‘‘FIREWORKS—
DANGER—STAY AWAY’’ sign on the
port and starboard side is on-scene or a
‘‘FIREWORKS—DANGER—STAY
AWAY’’ sign is posted on land, in a
location listed in paragraph (a) of this
section. Vessels may not enter, remain
in, or transit through the safety zones
during these enforcement periods unless
authorized by the Captain of the Port or
designated Coast Guard patrol personnel
on scene.
(d) Regulations. (1) The general
regulations contained in 33 CFR 165.23
apply.
(2) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or the
designated on-scene-patrol personnel.
Those personnel are compromised of
commissioned, warrant, and petty
officers of the Coast Guard. Other
Federal, State and local agencies may
assist these personnel in the
enforcement of the safety zone. Upon
being hailed by the U.S. Coast Guard
vessel by siren, radio, flashing light or
other means, the operator of a vessel
shall proceed as directed.
(e) Definitions.
Captain of the Port means any Coast
Guard commissioned, warrant or petty
officer who has been authorized by the
Captain of the Port to act on his or her
behalf.
State or local law enforcement officers
mean any State or local government law
enforcement officer who has the
authority to enforce State criminal laws.
Dated: February 14, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E7–3637 Filed 3–1–07; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2006–0921; FRL–8282–9]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Amendments to VOC and NOX
Emission Control Areas and VOC
Control Regulations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving State
Implementation Plan (SIP) revisions
submitted by the Commonwealth of
Virginia. These revisions amend
existing volatile organic compound
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9441
(VOC) and nitrogen oxide (NOX)
emissions control areas, and amend
certain VOC and NOX regulations in
order to manage the extension of
applicability of these provisions to the
amended VOC and NOX emission
control areas. EPA is approving these
revisions in accordance with the
requirements of the Clean Air Act
(CAA).
EFFECTIVE DATE: This final rule is
effective on April 2, 2007.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2006–0921. 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
https://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:
Ellen Wentworth, (215) 814–2034, or by
e-mail at wentworth.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 26, 2006 (71 FR 77353),
EPA published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Virginia. The NPR
proposed approval of amendments to 9
VAC 5 Chapter 20, Volatile Organic
Compound and Nitrogen Oxides
Emissions Control Areas, (9 VAC 5–20–
206), and also proposed approval of
amendments to 9 VAC 5 Chapter 40,
Articles 4, Emission Standards for
General Process Operations; Article 36,
Emission Standards for Flexographic,
Packaging Rotogravure, and Publication
Rotogravure Printing Lines; Article 37,
Emission Standards for Petroleum
Liquid Storage and Transfer Operations;
and Article 53, Emission Standards for
Lithographic Printing Processes. The
formal SIP revisions were submitted by
the Commonwealth of Virginia on
September 12, 2006, and October 2,
2006.
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II. Summary of SIP Revisions
The September 12, 2006 formal SIP
revision consists of amendments to 9
VAC 5–20–206 of Chapter 20, Volatile
Organic Compound and Nitrogen
Oxides Emission Control Areas.
Specifically, this revision creates a new
VOC and NOX emissions control area
(the Fredericksburg Area), consisting of
Spotsylvania County and
Fredericksburg City, and expands the
existing Richmond VOC and NOX
Emissions Control Areas to include
Prince George County and Petersburg
City. In addition this revision expands
the existing Hampton Roads VOC and
NOX Emissions Control Areas to include
Gloucester and Isle of Wight Counties.
These amendments are necessary to
implement VOC control and
contingency measures within the 8-hour
ozone nonattainment areas and 1-hour
ozone maintenance areas.
The October 2, 2006 formal SIP
revision consists of amendments to 9
VAC 5 Chapter 40 that implement nonCTG and CTG VOC RACT control
requirements within those areas that are
designated as VOC emissions control
areas. While most of the Chapter 40
rules apply to sources of VOCs in VOC
emissions control areas designated in
Chapter 20, 9 VAC 5–206, certain
Chapter 40 rules (specifically Articles 4,
36, 37, and 53) have provisions
mandating that these regulations apply
only to certain VOC and NOX emission
control areas. Article 4, Emission
Standards for General Process
Operations is being amended to ensure
that VOC RACT is not required from
large VOC sources in the new areas
within the expanded Richmond VOC
Emissions Control Areas; Article 36,
Packaging and Publishing Rotogravure
Printing, and Flexographic Printing, is
being amended to add appropriate
exemptions for small facilities in those
VOC emissions control areas that
currently have no such exemptions; and
Article 37, Storage or Transfer of
Petroleum Liquids, is also being
amended to ensure that Stage II Vapor
Recovery is not required at gasoline
dispensing stations in the new areas
within the expanded Richmond VOC
Emissions Control Area. Lastly, Article
53, Lithographic Printing, is being
amended to apply in all VOC emissions
control areas instead of just in the
Northern Virginia and Richmond VOC
Emissions Control Areas, and is also
being amended to provide appropriate
exemptions for small facilities in the
newly applicable VOC emissions
control areas. In this rulemaking, EPA is
also recodifying the lithographic
printing rule (9 VAC 5–40–7800–7940,
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inclusive) as Article 53 and Rule 4–53.
Other specific requirements 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
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 because such documents and
information are essential to pursuing
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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 Virginia SIP
revisions submitted on September 12,
and October 2, 2006, amending the VOC
and NOX emission control areas found
in Chapter 20, and amending certain
provisions found in Chapter 40 which
implement non-CTG and CTG VOC
RACT control requirements within
certain areas designated as VOC
emissions control areas.
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
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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 (62
FR 19885, April 23, 1997), because it
approves a state rule implementing a
Federal standard.
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 1, 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 amendments to Chapter 20
and Chapter 40 of Virginia’s regulations,
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, Volatile organic
compounds.
Dated: February 21, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
I
40 CFR Part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for 40 CFR
part 52 continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart VV—Virginia
2. In § 52.2420, the table in paragraph
(c) is amended by:
I a. Revising the entries for 5–20–206,
5–40–300, 5–40–5060, and 5–40–5200.
I b. For Chapter 40, Part II, removing
the entry for Article 45 and replacing it
with an entry for Article 53.
I
§ 52.2420
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES
State citation
(9 VAC 5)
*
State effective
date
Title/subject
*
*
EPA approval
date
*
Explanation [former SIP citation]
*
*
*
*
*
*
Chapter 20—General Provisions
*
*
*
*
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Part II—Air Quality Programs
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5–20–206 ..................
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Volatile organic compound and
nitrogen oxides emissions
control areas.
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Addition of new Fredericksburg
area and expansion of Richmond and Hampton Roads
emission control areas
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EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued
State citation
(9 VAC 5)
State effective
date
Title/subject
*
*
*
EPA approval
date
*
Explanation [former SIP citation]
*
*
*
*
*
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3/2/07 [Insert page number
where the document begins.
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Chapter 40—Existing Stationary Sources
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Part II—Emission Standards
*
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Article 4—Emission Standards for General Process Operations (Rule 4–4)
*
5–40–300 ..................
*
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Standard for volatile
compounds.
*
*
organic
*
*
10/04/06
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Article 36—Flexographic, Packaging Rotogravure, and Publication Rotogravure Printing Lines (Rule 4–36)
5–40–5060 ................
*
Applicability and designation of
affected facility.
*
*
04/01/96
10/04/06
3/2/07 [Insert page number
where the document begins.
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Article 37—Emission Standards for Petroleum Liquid Storage and Transfer Operations (Rule 4–37)
5–40–5200 ................
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Applicability and designation of
affected facility.
*
*
04/01/96
10/04/06
3/2/07 [Insert page number
where the document begins.
*
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*
Article 53—Emission Standards for Lithographic Printing Processes (Rule 4–53) [Formerly Article 45]
5–40–7800 ................
5–40–7810 ................
5–40–7820 ................
5–40–7840 ................
5–40–7850 ................
Applicability and designation of
affected facility.
Definitions of ‘‘alcohol,’’ ‘‘Cleaning solution,’’ ‘‘fountain solution,’’ ‘‘lithographic printing,’’
‘‘printing process’’.
Standard for Volatile Organic
Compounds.
Standard for Visible Emissions ..
5–40–7880 ................
Standard for Fugitive Dust Emissions.
Compliance ................................
5–40–7890 ................
Test Methods and Procedures ...
5–40–7900 ................
Monitoring ...................................
5–40–7910 ................
Notification, Records and Reporting.
Registration ................................
5–40–7920 ................
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5–40–7930 ................
5–40–7940 ................
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Maintenance and Malfunction.
Permits .......................................
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[FR Doc. E7–3586 Filed 3–1–07; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
48 CFR Chapter 44
[Docket ID FEMA–2006–0033]
RIN 1660–AA46
Federal Emergency Management
Agency (FEMA) Acquisition Regulation
System; Removal of Chapter 44
Federal Emergency
Management Agency, DHS.
ACTION: Direct final rule.
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AGENCY:
SUMMARY: This direct final rule removes
the Federal Emergency Management
Agency Acquisition Regulation in its
entirety. This removal is a result of the
establishment of the Department of
Homeland Security and its subsequent
Homeland Security Acquisition
Regulation supplement to the Federal
Acquisition Regulation.
DATES: This rule is effective May 1,
2007, unless adverse comment is
received by April 2, 2007. If adverse
comment is received, FEMA will
publish a timely withdrawal of the rule
in the Federal Register.
ADDRESSES: You may submit comments,
identified by Docket ID FEMA–2006–
0033, by one of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: FEMA-RULES@dhs.gov.
Include Docket ID FEMA–2006–0033 in
the subject line of the message.
Fax: 866–466–5370.
Mail/Hand Delivery/Courier: Rules
Docket Clerk, Office of Chief Counsel,
Federal Emergency Management
Agency, Room 835, 500 C Street, SW.,
Washington, DC 20472.
Instructions: All Submissions
received must include the agency name
and Docket ID. Regardless of the method
used for submitting comments or
material, all submissions will be posted,
without change, to the Federal
eRulemaking Portal at https://
www.regulations.gov, and will include
any personal information you provide.
Therefore, submitting this information
makes it public. You may wish to read
the Privacy Act notice that is available
on the Privacy and Use Notice link on
the Administration Navigation Bar of
www.regulations.gov.
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Docket: For access to the docket to
read background documents or
comments received, go to the Federal
eRulemaking Portal at https://
www.regulations.gov. Submitted
comments may also be inspected at
FEMA.
FOR FURTHER INFORMATION CONTACT:
Joyce M. Ard, Federal Emergency
Management Agency, 500 C Street, SW.,
Patriot Plaza Room 201, Washington, DC
20472, (phone) 202–646–3213,
(facsimile) 202–646–2928, or (e-mail)
joyce.ard@dhs.gov.
SUPPLEMENTARY INFORMATION: The
Federal Emergency Management Agency
(FEMA) is issuing this action as a direct
final rule without prior proprosal
because FEMA believes that this action
is not controversial and will not result
in any adverse comments. This direct
final rule removes the FEMA
Acquisition Regulation (FEMAAR) at 48
CFR Chapter 44 in its entirety.
(FEMAAR was published in 50 FR
31316, Aug. 1, 1985, and amended at 55
FR 28206, July 10, 1990). The specific
language and subsequent clauses are
removed as a result of the transfer of
FEMA to the Department of Homeland
Security (DHS) on March 1, 2003. The
Homeland Security Acquisition
Regulation (HSAR), 48 CFR Chapter 30,
issued in 68 FR 67867, Dec. 4, 2003 and
amended as a final rule in 71 FR 25759,
May 2, 2006, 71 FR 48800, Aug. 22,
2006 and in 72 FR 1296, Jan. 11, 2007
established a uniform department-wide
acquisition regulation for DHS and for
purposes of 48 CFR Chapter 30 listed all
entities for which the chapter applied to
include FEMA.
FEMA believes it is important to make
this action effective as soon as possible
not only to remove inapplicable
regulatory text, but to be consistent with
DHS uniform department-wide
acquisition regulations. For these
reasons, FEMA believes that it is
appropriate to issue this rule as a direct
final rule. This rule conforms with the
good cause exemption under section
553(b)(B) of the Administrative
Procedure Act (5 U.S.C. 553(b)(B)),
because notice and comment is
unnecessary. As stated above, this
rulemaking simply completes an
administrative task by removing
inapplicable and inconsistent regulatory
text. However, if FEMA receives a
significant adverse comment within 30
days of publication of this direct final
rule, FEMA will publish a timely notice
of withdrawal in the Federal Register. If
FEMA receives no significant adverse
comment, before the effective date,
FEMA will publish a document in the
Federal Register stating that no adverse
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
9445
comment was received and confirming
that this rule will be effective as
scheduled.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
mandates that an agency conduct a RFA
analysis when an agency is ‘‘required by
section 553 * * * to publish general
notice of proposed rulemaking for any
proposed rule.’’ 5 U.S.C. 603(a).
Accordingly, RFA analysis is not
required when a rule is exempt from
notice and comment rulemaking under
5 U.S.C. 553(b). Here, FEMA is issuing
this action as a direct final rule without
prior proposal because FEMA believes
that this action is not controversial and
will not result in any adverse
comments. Moreover, as stated
previously, good cause exists under 5
U.S.C. 553(b)(B) to exempt this rule
from the notice and comment
requirements of 5 U.S.C. 553(b).
Therefore no RFA analysis under 5
U.S.C. 603 is required for this rule.
Executive Order 12866—Regulatory
Planning and Review
Under Executive Order 12866, 58 FR
51735, Oct. 4, 1993, a ‘‘significant
regulatory action’’ is subject to Office of
Management and Budget (OMB) review
and the requirements of Executive Order
12866. Section 3(f) of the Executive
Order defines ‘‘significant regulatory
action’’ as one that is likely to result in
a rule that may:
(1) Have an annual effect on the
economy of $100 million or more, or
may adversely affect in a material way
the economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs, or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.
Sections 503(1), 701(a)(2), 1511(d)(2)
of the Homeland Security Act, 6 U.S.C.
313(1), 341(a)(2), 551(d)(2), established
FEMA as a component within DHS. As
a DHS component FEMA adheres to the
HSAR, 48 CFR 3001.105–2(a) and
3001.301(a)(1). This direct final rule
removes the FEMAAR as a result of the
establishment of FEMA as a DHS
component. Therefore, this rulemaking
is not considered to be an economically
significant regulatory action under
E:\FR\FM\02MRR1.SGM
02MRR1
]]>Agencies
[Federal Register Volume 72, Number 41 (Friday, March 2, 2007)]
[Rules and Regulations]
[Pages 9441-9445]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3586]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2006-0921; FRL-8282-9]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Amendments to VOC and NOX Emission Control Areas and VOC
Control Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving State Implementation Plan (SIP) revisions
submitted by the Commonwealth of Virginia. These revisions amend
existing volatile organic compound (VOC) and nitrogen oxide
(NOX) emissions control areas, and amend certain VOC and
NOX regulations in order to manage the extension of
applicability of these provisions to the amended VOC and NOX
emission control areas. EPA is approving these revisions in accordance
with the requirements of the Clean Air Act (CAA).
EFFECTIVE DATE: This final rule is effective on April 2, 2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2006-0921. 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 https://
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: Ellen Wentworth, (215) 814-2034, or by
e-mail at wentworth.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 26, 2006 (71 FR 77353), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Virginia. The NPR
proposed approval of amendments to 9 VAC 5 Chapter 20, Volatile Organic
Compound and Nitrogen Oxides Emissions Control Areas, (9 VAC 5-20-206),
and also proposed approval of amendments to 9 VAC 5 Chapter 40,
Articles 4, Emission Standards for General Process Operations; Article
36, Emission Standards for Flexographic, Packaging Rotogravure, and
Publication Rotogravure Printing Lines; Article 37, Emission Standards
for Petroleum Liquid Storage and Transfer Operations; and Article 53,
Emission Standards for Lithographic Printing Processes. The formal SIP
revisions were submitted by the Commonwealth of Virginia on September
12, 2006, and October 2, 2006.
[[Page 9442]]
II. Summary of SIP Revisions
The September 12, 2006 formal SIP revision consists of amendments
to 9 VAC 5-20-206 of Chapter 20, Volatile Organic Compound and Nitrogen
Oxides Emission Control Areas. Specifically, this revision creates a
new VOC and NOX emissions control area (the Fredericksburg
Area), consisting of Spotsylvania County and Fredericksburg City, and
expands the existing Richmond VOC and NOX Emissions Control
Areas to include Prince George County and Petersburg City. In addition
this revision expands the existing Hampton Roads VOC and NOX
Emissions Control Areas to include Gloucester and Isle of Wight
Counties. These amendments are necessary to implement VOC control and
contingency measures within the 8-hour ozone nonattainment areas and 1-
hour ozone maintenance areas.
The October 2, 2006 formal SIP revision consists of amendments to 9
VAC 5 Chapter 40 that implement non-CTG and CTG VOC RACT control
requirements within those areas that are designated as VOC emissions
control areas. While most of the Chapter 40 rules apply to sources of
VOCs in VOC emissions control areas designated in Chapter 20, 9 VAC 5-
206, certain Chapter 40 rules (specifically Articles 4, 36, 37, and 53)
have provisions mandating that these regulations apply only to certain
VOC and NOX emission control areas. Article 4, Emission
Standards for General Process Operations is being amended to ensure
that VOC RACT is not required from large VOC sources in the new areas
within the expanded Richmond VOC Emissions Control Areas; Article 36,
Packaging and Publishing Rotogravure Printing, and Flexographic
Printing, is being amended to add appropriate exemptions for small
facilities in those VOC emissions control areas that currently have no
such exemptions; and Article 37, Storage or Transfer of Petroleum
Liquids, is also being amended to ensure that Stage II Vapor Recovery
is not required at gasoline dispensing stations in the new areas within
the expanded Richmond VOC Emissions Control Area. Lastly, Article 53,
Lithographic Printing, is being amended to apply in all VOC emissions
control areas instead of just in the Northern Virginia and Richmond VOC
Emissions Control Areas, and is also being amended to provide
appropriate exemptions for small facilities in the newly applicable VOC
emissions control areas. In this rulemaking, EPA is also recodifying
the lithographic printing rule (9 VAC 5-40-7800-7940, inclusive) as
Article 53 and Rule 4-53. Other specific requirements 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 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 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 Virginia SIP revisions submitted on September 12,
and October 2, 2006, amending the VOC and NOX emission
control areas found in Chapter 20, and amending certain provisions
found in Chapter 40 which implement non-CTG and CTG VOC RACT control
requirements within certain areas designated as VOC emissions control
areas.
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
[[Page 9443]]
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 (62 FR 19885, April 23, 1997),
because it approves a state rule implementing a Federal standard.
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 1, 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 amendments to Chapter 20 and
Chapter 40 of Virginia's regulations, 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, Volatile organic
compounds.
Dated: February 21, 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 40 CFR part 52 continues to read as
follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart VV--Virginia
0
2. In Sec. 52.2420, the table in paragraph (c) is amended by:
0
a. Revising the entries for 5-20-206, 5-40-300, 5-40-5060, and 5-40-
5200.
0
b. For Chapter 40, Part II, removing the entry for Article 45 and
replacing it with an entry for Article 53.
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 20--General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part II--Air Quality Programs
----------------------------------------------------------------------------------------------------------------
* * * * * * *
5-20-206....................... Volatile organic 10/04/06 3/2/07 [Insert page Addition of new
compound and number where the Fredericksburg
nitrogen oxides document begins]. area and expansion
emissions control of Richmond and
areas. Hampton Roads
emission control
areas
[[Page 9444]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 40--Existing Stationary Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part II--Emission Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 4--Emission Standards for General Process Operations (Rule 4-4)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
5-40-300....................... Standard for 10/04/06 3/2/07 [Insert page
volatile organic number where the
compounds. document begins.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 36--Flexographic, Packaging Rotogravure, and Publication Rotogravure Printing Lines (Rule 4-36)
----------------------------------------------------------------------------------------------------------------
5-40-5060...................... Applicability and 04/01/96 3/2/07 [Insert page
designation of 10/04/06 number where the
affected facility. document begins.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 37--Emission Standards for Petroleum Liquid Storage and Transfer Operations (Rule 4-37)
----------------------------------------------------------------------------------------------------------------
5-40-5200...................... Applicability and 04/01/96 3/2/07 [Insert page
designation of 10/04/06 number where the
affected facility. document begins.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 53--Emission Standards for Lithographic Printing Processes (Rule 4-53) [Formerly Article 45]
----------------------------------------------------------------------------------------------------------------
5-40-7800...................... Applicability and 10/04/06 3/2/07 [Insert page Revised to include
designation of number where the and exempt certain
affected facility. document begins. emission control
areas.
5-40-7810...................... Definitions of 04/01/96 3/2/07 Insert page
``alcohol,'' 10/04/06 number where the
``Cleaning document begins.
solution,''
``fountain
solution,''
``lithographic
printing,''
``printing
process''.
5-40-7820...................... Standard for 04/01/96 3/2/07 Insert page
Volatile Organic 10/04/06 number where the
Compounds. document begins.
5-40-7840...................... Standard for Visible 04/01/96 3/2/07 [Insert page
Emissions. 10/04/06 number where the
document begins.
5-40-7850...................... Standard for 04/01/96 3/2/07 [Insert page
Fugitive Dust 10/04/06 number where the
Emissions. document begins.
5-40-7880...................... Compliance.......... 10/04/06 3/2/07 [Insert page Revisions to
number where the compliance dates.
document begins.
5-40-7890...................... Test Methods and 04/01/96 3/2/07 [Insert page
Procedures. 10/04/06 number where the
document begins.
5-40-7900...................... Monitoring.......... 04/01/96 3/2/07 [Insert page
10/04/06 number where the
document begins.
5-40-7910...................... Notification, 04/01/96 3/2/07 [Insert page
Records and 10/04/06 number where the
Reporting. document begins.
5-40-7920...................... Registration........ 04/01/96 3/2/07 [Insert page
10/04/06 number where the
document begins.
5-40-7930...................... Facility and Control 04/01/96 3/2/07 [Insert page
Equipment 10/04/06 number where the
Maintenance and document begins.
Malfunction.
5-40-7940...................... Permits............. 04/01/96 3/2/07 [Insert page
10/04/06 number where the
document begins.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 9445]]
* * * * *
[FR Doc. E7-3586 Filed 3-1-07; 8:45 am]
BILLING CODE 6560-50-P
