Approval and Promulgation of Air Quality Implementation Plans; Virginia; State Implementation Plan Revision Variance for International Paper, Franklin Paper Mill, Virginia, 45165-45169 [E7-15587]
Download as PDF
Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Rules and Regulations
Dated: July 25, 2007.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the
Port Sector St. Petersburg.
[FR Doc. E7–15827 Filed 8–10–07; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2006–0060; FRL–8452–6]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
State Implementation Plan Revision
Variance for International Paper,
Franklin Paper Mill, Virginia
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
SUMMARY: EPA is taking direct final
action to approve revisions to the
Commonwealth of Virginia State
Implementation Plan (SIP). This action
will approve the SIP revision request
submitted by the Commonwealth of
Virginia, consisting of the variance
regulations adopted by Virginia for the
International Paper, Franklin Paper Mill
facility. The variance regulations
provide regulatory relief from
compliance with state regulations
governing new source review for the
implementation of the International
Paper, Franklin Paper Mill innovation
project. In lieu of compliance with these
regulatory requirements, the variance
requires the facility to comply with sitewide emission caps. EPA is approving
this revision to the Commonwealth of
Virginia State Implementation Plan in
accordance with the requirements of the
Clean Air Act.
DATES: This rule is effective on October
12, 2007 without further notice, unless
EPA receives adverse written comment
by September 12, 2007. 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–2006–0060 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. E-mail: campbell.dave@epa.gov.
C. Mail: EPA–R03–OAR–2006–0060,
David Campbell, Chief, Permits and
Technical Assessment Branch, Mailcode
3AP11, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
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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.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2006–
0060. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
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 www.regulations.gov
or e-mail. The 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 www.regulations.gov, your email 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
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 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.
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FOR FURTHER INFORMATION CONTACT:
Sharon McCauley, (215) 814–3376, or by
e-mail at mccauley.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
International Paper operates a pulp
and paper mill located in Franklin,
Virginia. International Paper is a
member of EPA’s voluntary National
Environmental Performance Track
Program and the Virginia Department of
Environmental Quality’s (VADEQ)
Environmental Excellence Program.
International Paper had entered into a
partnership with the U.S. EPA and the
VADEQ to implement an innovative
approach to meeting environmental
regulations in a more cost-effective
manner. International Paper submitted a
proposal for such an innovative project
to VADEQ. International Paper’s
innovation project relied on the
principles established in the Joint EPA/
State Agreement to Pursue Regulatory
Innovation that was signed by EPA and
the Environmental Council of States
(ECOS) in 1998.
The International Paper innovation
project includes a number of
environmentally beneficial projects that
will: (1) Reduce groundwater use; (2)
reduce solid waste generation and
disposal; (3) reduce chemical and
biological oxygen demand, and total
suspended solids discharges to surface
water; (4) reduce overall emissions for a
number of air pollutants; and, (5)
increase the efficiency of pulp
production.
By implementing this project,
emissions of hazardous air pollutants
will be reduced at the Mill by an
estimated 430 tons per year. Emissions
increases of criteria pollutants and
carbon dioxide from typical NESHAP
control strategies will also be reduced
under this project. These reductions,
along with improvements in the
combustion efficiencies of the No. 7
power boiler and No. 6 recovery furnace
will result in a decreased use of fossil
fuels and will net large decreases in
criteria pollutant emissions from the
Mill. The reduction in useable fiber
discharges in the mill sewer along with
improvements in the performance of the
wastewater treatment system will result
in substantial reductions in discharges
of wastewater pollutants. Generation of
thousands of tons per year of solid
waste will also be eliminated.
In order to implement these projects,
certain innovations to the typical
regulatory implementation process were
necessary in order to make these
environmentally beneficial projects a
reality. First, the International Paper
innovation project required an
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Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Rules and Regulations
alternative regulatory approach under
section 112 of the Clean Air Act (CAA).
Pursuant to section 112, EPA
promulgates the national emissions
standards for hazardous air pollutants
(NESHAP) for various categories of air
pollution sources. On April 15, 1998,
EPA promulgated a NESHAP for the
Pulp and Paper Industry, as codified at
40 CFR part 63, subpart S, § 63.440
through 63.459. International Paper’s
Franklin Mill is subject to subpart S.
Under Section 112(l) of the CAA, EPA
may approve State or local rules or
programs to be implemented and
enforced in place of certain otherwise
applicable Federally-promulgated
section 112 rules, emission standards, or
requirements. On April 15, 2004 (69 FR
19943), EPA published in the Federal
Register an approval of an equivalencyby-permit determination made by the
VADEQ for the International Paper,
Franklin Mill. The VADEQ established
the new requirements via a title V
operating permit issued to the facility
on March 31, 2006. In general, the
equivalency-by-permit terms require
International Paper to control different
emission points of hazardous air
pollutants (HAPs) at its facility than
prescribed by the Pulp and Paper
NESHAP (subpart S).
In addition to the approval above and
in order to implement some of the other
environmentally-beneficial projects
contained in the innovation project
proposal, International Paper would
also need certain flexibility under the
Commonwealth’s existing
preconstruction permitting regulations.
The subject of this rulemaking action is
to allow for those flexibilities by
providing a limited variance to
Virginia’s existing permitting
regulations. The variance allows the
Commonwealth to establish site-wide
emissions caps for a variety of
pollutants, mostly criteria pollutants.
The site-wide caps would be relied
upon to limit the applicability of the
provisions of Virginia’s federallyenforceable major new source review
provisions. Under Virginia’s existing
programs, sources may not rely upon
site-wide emissions caps in order to
limit the applicability of major new
source review.
Typically, unit-specific limitations are
required. The site-wide caps allow
International Paper to make certain
changes to its emission sources,
primarily the boilers, that will allow
them to maximize their utilization while
minimizing their existing emissions and
limiting their future potential emissions.
Site-wide emissions caps are a type of
new source review program flexibility
that EPA has experimented with in the
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past. In fact, EPA made changes to the
federal new source review regulations at
the end of 2002 (See 67 FR 80186) that
incorporated this type of regulatory
flexibility and called it a ‘‘plantwide
applicability limit’’.
II. Summary of SIP Revision
On December 13, 2005, the DEQ
submitted a State Implementation Plan
(SIP) approval request entitled
‘‘Variance for International Paper,
Franklin Paper Mill’’. The applicable
regulations for the variance were
adopted by the State Air Pollution
Control Board on June 22, 2005 in
accordance with the requirements of the
Virginia Air Pollution Control Law at
Title 10.1 Chapter 13 of the Code of
Virginia and 40 CFR part 51. These
regulations allow the VADEQ to issue a
permit for International Paper that will
replace all previously issued minor NSR
permits and PSD permits and establish
site-wide emission caps for a number of
regulated pollutants that may be relied
upon for purposes of new source review
applicability. The variance provides
regulatory relief from compliance with
state regulations governing new source
review (Virginia Code—Article 4 of
Chapter 50, and Articles 6, 8 and 9 of
Chapter 80) for the implementation of
the International Paper innovation
project. In lieu of compliance with these
regulatory requirements, the variance
requires the facility to comply with sitewide emission caps.
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
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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
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,
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Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Rules and Regulations
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.
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IV. Final Action
EPA is approving this SIP revision
request submitted by the
Commonwealth of Virginia. This
revision consists of approving the
variance regulations adopted by Virginia
at 9 VAC 5 Chapter 230 for the
International Paper, Franklin Paper
Mill. The variance provides regulatory
relief from compliance with state
regulations governing new source
review for the implementation of the
International Paper innovation project.
In lieu of compliance with these
regulatory requirements, the variance
requires the facility to comply with sitewide emission caps. EPA is publishing
this rule without prior proposal because
the Agency views this as a noncontroversial amendment and
anticipates no adverse comment. This
variance includes a number of
environmentally beneficial projects
which will reduce groundwater use,
reduce solid waste generation and
disposal, reduce Chemical Oxygen
Demand and Total Suspended Solids
disposal to surface water, increase the
efficiency of pulp production and
reduce overall emissions for a number
of air pollutants. 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 October 12, 2007
without further notice unless EPA
receives adverse comment by September
12, 2007. 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 subject of an
adverse comment.
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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 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
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45167
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 October 12, 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
approving the variance for International
Paper, Franklin Paper Mill in Franklin,
Virginia 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, Carbon monoxide,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
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Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Rules and Regulations
Dated: July 31, 2007.
William T. Wisniewski,
Acting Regional Administrator, Region III.
I
Authority: 42 U.S.C. 7401 et seq.
1. The authority citation for 40 CFR
Part 52 continues to read as follows:
I
*
Subpart VV—Virginia
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
§ 52.2420
Identification of plan.
*
*
(c) * * *
*
*
2. In § 52.2420, the table in paragraph
(c) is amended by adding the entry for
Chapter 230 to read as follows:
I
EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES
State citation
(9 VAC 5)
*
Title/subject
*
*
Chapter 230
State effective
date
*
*
Applicability and designation
of affected facility.
09/07/05
5–230–20 ................................
Definitions ..............................
09/07/05
5–230–30 ................................
Authority to operate under
this chapter and FESOP.
09/07/05
5–230–40 (Except A.7., A.9.,
A.10., and B.2.).
Sitewide Emissions Caps ......
09/07/05
5–230–50 ................................
09/07/05
5–230–60 (Except A.1.) ..........
New Source Review program
and registration requirements.
Other regulatory requirements
5–230–70 ................................
Federal Operating Permits ....
09/07/05
5–230–80 ................................
FESOP issuance and amendments.
09/07/05
5–230–90 ................................
Transfer of ownership ............
09/07/05
5–230–100 ..............................
Applicability of future regulation amendments.
09/07/05
5–230–110 ..............................
Termination of authority to
operate under this chapter
and FESOP.
Review and confirmation of
this chapter by Board.
09/07/05
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*
*
*
*
Variance for International Paper Franklin Paper Mill
5–230–10 ................................
5–230–120 ..............................
Explanation [former SIP
citation]
EPA approval date
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09/07/05
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*
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[FR Doc. E7–15587 Filed 8–10–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2006–0956; FRL–8452–3]
Determination of Attainment, Approval
and Promulgation of Implementation
Plans and Designation of Areas for Air
Quality Planning Purposes; Ohio;
Redesignation of the DaytonSpringfield 8-Hour Ozone
Nonattainment Area to Attainment
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
SUMMARY: The Ohio Environmental
Protection Agency (Ohio EPA)
submitted a request on November 6,
2006, and supplemented it on
November 29, 2006, December 4, 2006,
December 13, 2006, January 11, 2007,
March 9, 2007, March 27, 2007, and
May 31, 2007, for redesignation of the
Dayton-Springfield, Ohio area (Clark,
Greene, Miami, and Montgomery
Counties) to attainment for the 8-hour
ozone standard. On June 20, 2007, EPA
proposed to approve this submission.
EPA provided a 30-day review and
comment period. The comment period
closed on July 20, 2007. EPA received
one comment in favor of redesignation
from the Dayton area Regional Air
Pollution Control Agency. Today, EPA
is approving Ohio’s request and the
associated plan for continuing to attain
the standard. As part of this action, EPA
is making a determination that the
Dayton-Springfield area has attained the
8-hour ozone National Ambient Air
Quality Standard (NAAQS). This
determination is based on three years of
complete, quality-assured ambient air
quality monitoring data for the 2004–
2006 ozone seasons that demonstrate
that the 8-hour ozone NAAQS has been
attained in the area. Preliminary 2007
air quality data show that the area
continues to attain the 8-hour ozone
standard. EPA is approving the
maintenance plan for this area and is
redesignating the area to attainment.
Finally, EPA is approving, for purposes
of transportation conformity, the motor
vehicle emission budgets (MVEBs) for
the years 2005 and 2018.
DATES: This final rule is effective on
August 13, 2007.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2006–0956. All
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16:17 Aug 10, 2007
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documents in the docket are listed on
the https://www.regulations.gov web site.
Although listed in the index, 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 at the Environmental Protection
Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding
Federal holidays. We recommend that
you telephone Kathleen D’Agostino,
Environmental Engineer, at (312) 886–
1767 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Kathleen D’Agostino, Environmental
Engineer, Criteria Pollutant Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–1767,
dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION: In the
following, whenever ‘‘we,’’ ‘‘us,’’ or
‘‘our’’ are used, we mean the United
States Environmental Protection
Agency.
Table of Contents
I. What Is the Background for This Rule?
II. What Comments Did We Receive on the
Proposed Action?
III. What Are Our Final Actions?
IV. Statutory and Executive Order Review
I. What Is the Background for This
Rule?
The background for today’s action is
discussed in detail in EPA’s June 20,
2007, proposal (72 FR 33937). In that
rulemaking, we noted that, under EPA
regulations at 40 CFR part 50, the 8-hour
ozone standard is attained when the 3year average of the annual fourthhighest daily maximum 8-hour average
ozone concentrations is less than or
equal to 0.08 ppm. (See 69 FR 23857
(April 30, 2004) for further information).
The data completeness requirement is
met when the average percent of days
with valid ambient monitoring data is
greater than 90%, and no single year has
less than 75% data completeness, as
determined in accordance with
Appendix I of part 50.
Under the Clean Air Act (CAA), EPA
may redesignate nonattainment areas to
attainment if sufficient complete,
quality-assured data are available to
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
45169
determine that the area has attained the
standard and that it meets the other
CAA redesignation requirements in
section 107(d)(3)(E).
The Ohio EPA submitted a request on
November 6, 2006 and supplemented it
on November 29, 2006, December 4,
2006, December 13, 2006, January 11,
2007, March 9, 2007, March 27, 2007,
and May 31, 2007, for redesignation of
the Dayton-Springfield area (Clark,
Greene, Miami, and Montgomery
Counties) to attainment for the 8-hour
ozone standard. The request included
three years of complete, quality-assured
data for the period of 2004 through
2006, indicating the 8-hour NAAQS for
ozone had been achieved. The June 20,
2007 proposed rule provides a detailed
discussion of how Ohio met this and
other CAA requirements.
On December 22, 2006, the U.S. Court
of Appeals for the District of Columbia
Circuit vacated EPA’s Phase 1
Implementation Rule for the 8-hour
Ozone Standard. (69 FR 23951, April 30,
2004). South Coast Air Quality
Management Dist. v. EPA, 472 F.3d 882
(DC Cir. 2006). On June 8, 2007, in
South Coast Air Quality Management
Dist. v. EPA, Docket No. 04–1201, in
response to several petitions for
rehearing, the DC Circuit clarified that
the Phase 1 Rule was vacated only with
regard to those parts of the rule that had
been successfully challenged. Therefore,
the Phase 1 Rule provisions related to
classifications for areas currently
classified under subpart 2 of Title I, part
D of the CAA as 8-hour nonattainment
areas, the 8-hour attainment dates, and
the timing for emissions reductions
needed for attainment of the 8-hour
ozone NAAQS, remain effective. The
June 8 decision left intact the Court’s
rejection of EPA’s reasons for
implementing the 8-hour standard in
certain nonattainment areas under
subpart 1 in lieu of subpart 2. By
limiting the vacatur, the Court let stand
EPA’s revocation of the 1-hour standard
and those anti-backsliding provisions of
the Phase 1 Rule that had not been
successfully challenged. The June 8
decision reaffirmed the December 22,
2006, decision that EPA had improperly
failed to retain four measures required
for 1-hour nonattainment areas under
the anti-backsliding provisions of the
regulations: (1) Nonattainment area New
Source Review (NSR) requirements
based on an area’s 1-hour nonattainment
classification; (2) Section 185 penalty
fees for 1-hour severe or extreme
nonattainment areas; (3) measures to be
implemented pursuant to section
172(c)(9) or 182(c)(9) of the CAA,
contingent on an area not making
reasonable further progress toward
E:\FR\FM\13AUR1.SGM
13AUR1
Agencies
[Federal Register Volume 72, Number 155 (Monday, August 13, 2007)]
[Rules and Regulations]
[Pages 45165-45169]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15587]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2006-0060; FRL-8452-6]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; State Implementation Plan Revision Variance for International
Paper, Franklin Paper Mill, Virginia
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
Commonwealth of Virginia State Implementation Plan (SIP). This action
will approve the SIP revision request submitted by the Commonwealth of
Virginia, consisting of the variance regulations adopted by Virginia
for the International Paper, Franklin Paper Mill facility. The variance
regulations provide regulatory relief from compliance with state
regulations governing new source review for the implementation of the
International Paper, Franklin Paper Mill innovation project. In lieu of
compliance with these regulatory requirements, the variance requires
the facility to comply with site-wide emission caps. EPA is approving
this revision to the Commonwealth of Virginia State Implementation Plan
in accordance with the requirements of the Clean Air Act.
DATES: This rule is effective on October 12, 2007 without further
notice, unless EPA receives adverse written comment by September 12,
2007. 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-2006-0060 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: campbell.dave@epa.gov.
C. Mail: EPA-R03-OAR-2006-0060, David Campbell, Chief, Permits and
Technical Assessment Branch, Mailcode 3AP11, 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.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2006-0060. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at 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 www.regulations.gov or e-mail.
The 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 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
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 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: Sharon McCauley, (215) 814-3376, or by
e-mail at mccauley.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
International Paper operates a pulp and paper mill located in
Franklin, Virginia. International Paper is a member of EPA's voluntary
National Environmental Performance Track Program and the Virginia
Department of Environmental Quality's (VADEQ) Environmental Excellence
Program. International Paper had entered into a partnership with the
U.S. EPA and the VADEQ to implement an innovative approach to meeting
environmental regulations in a more cost-effective manner.
International Paper submitted a proposal for such an innovative project
to VADEQ. International Paper's innovation project relied on the
principles established in the Joint EPA/State Agreement to Pursue
Regulatory Innovation that was signed by EPA and the Environmental
Council of States (ECOS) in 1998.
The International Paper innovation project includes a number of
environmentally beneficial projects that will: (1) Reduce groundwater
use; (2) reduce solid waste generation and disposal; (3) reduce
chemical and biological oxygen demand, and total suspended solids
discharges to surface water; (4) reduce overall emissions for a number
of air pollutants; and, (5) increase the efficiency of pulp production.
By implementing this project, emissions of hazardous air pollutants
will be reduced at the Mill by an estimated 430 tons per year.
Emissions increases of criteria pollutants and carbon dioxide from
typical NESHAP control strategies will also be reduced under this
project. These reductions, along with improvements in the combustion
efficiencies of the No. 7 power boiler and No. 6 recovery furnace will
result in a decreased use of fossil fuels and will net large decreases
in criteria pollutant emissions from the Mill. The reduction in useable
fiber discharges in the mill sewer along with improvements in the
performance of the wastewater treatment system will result in
substantial reductions in discharges of wastewater pollutants.
Generation of thousands of tons per year of solid waste will also be
eliminated.
In order to implement these projects, certain innovations to the
typical regulatory implementation process were necessary in order to
make these environmentally beneficial projects a reality. First, the
International Paper innovation project required an
[[Page 45166]]
alternative regulatory approach under section 112 of the Clean Air Act
(CAA). Pursuant to section 112, EPA promulgates the national emissions
standards for hazardous air pollutants (NESHAP) for various categories
of air pollution sources. On April 15, 1998, EPA promulgated a NESHAP
for the Pulp and Paper Industry, as codified at 40 CFR part 63, subpart
S, Sec. 63.440 through 63.459. International Paper's Franklin Mill is
subject to subpart S. Under Section 112(l) of the CAA, EPA may approve
State or local rules or programs to be implemented and enforced in
place of certain otherwise applicable Federally-promulgated section 112
rules, emission standards, or requirements. On April 15, 2004 (69 FR
19943), EPA published in the Federal Register an approval of an
equivalency-by-permit determination made by the VADEQ for the
International Paper, Franklin Mill. The VADEQ established the new
requirements via a title V operating permit issued to the facility on
March 31, 2006. In general, the equivalency-by-permit terms require
International Paper to control different emission points of hazardous
air pollutants (HAPs) at its facility than prescribed by the Pulp and
Paper NESHAP (subpart S).
In addition to the approval above and in order to implement some of
the other environmentally-beneficial projects contained in the
innovation project proposal, International Paper would also need
certain flexibility under the Commonwealth's existing preconstruction
permitting regulations. The subject of this rulemaking action is to
allow for those flexibilities by providing a limited variance to
Virginia's existing permitting regulations. The variance allows the
Commonwealth to establish site-wide emissions caps for a variety of
pollutants, mostly criteria pollutants. The site-wide caps would be
relied upon to limit the applicability of the provisions of Virginia's
federally-enforceable major new source review provisions. Under
Virginia's existing programs, sources may not rely upon site-wide
emissions caps in order to limit the applicability of major new source
review.
Typically, unit-specific limitations are required. The site-wide
caps allow International Paper to make certain changes to its emission
sources, primarily the boilers, that will allow them to maximize their
utilization while minimizing their existing emissions and limiting
their future potential emissions. Site-wide emissions caps are a type
of new source review program flexibility that EPA has experimented with
in the past. In fact, EPA made changes to the federal new source review
regulations at the end of 2002 (See 67 FR 80186) that incorporated this
type of regulatory flexibility and called it a ``plantwide
applicability limit''.
II. Summary of SIP Revision
On December 13, 2005, the DEQ submitted a State Implementation Plan
(SIP) approval request entitled ``Variance for International Paper,
Franklin Paper Mill''. The applicable regulations for the variance were
adopted by the State Air Pollution Control Board on June 22, 2005 in
accordance with the requirements of the Virginia Air Pollution Control
Law at Title 10.1 Chapter 13 of the Code of Virginia and 40 CFR part
51. These regulations allow the VADEQ to issue a permit for
International Paper that will replace all previously issued minor NSR
permits and PSD permits and establish site-wide emission caps for a
number of regulated pollutants that may be relied upon for purposes of
new source review applicability. The variance provides regulatory
relief from compliance with state regulations governing new source
review (Virginia Code--Article 4 of Chapter 50, and Articles 6, 8 and 9
of Chapter 80) for the implementation of the International Paper
innovation project. In lieu of compliance with these regulatory
requirements, the variance requires the facility to comply with site-
wide emission caps.
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,
[[Page 45167]]
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 this SIP revision request submitted by the
Commonwealth of Virginia. This revision consists of approving the
variance regulations adopted by Virginia at 9 VAC 5 Chapter 230 for the
International Paper, Franklin Paper Mill. The variance provides
regulatory relief from compliance with state regulations governing new
source review for the implementation of the International Paper
innovation project. In lieu of compliance with these regulatory
requirements, the variance requires the facility to comply with site-
wide emission caps. EPA is publishing this rule without prior proposal
because the Agency views this as a non-controversial amendment and
anticipates no adverse comment. This variance includes a number of
environmentally beneficial projects which will reduce groundwater use,
reduce solid waste generation and disposal, reduce Chemical Oxygen
Demand and Total Suspended Solids disposal to surface water, increase
the efficiency of pulp production and reduce overall emissions for a
number of air pollutants. 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 October 12, 2007
without further notice unless EPA receives adverse comment by September
12, 2007. 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 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 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 October 12, 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 approving the variance for International
Paper, Franklin Paper Mill in Franklin, Virginia 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, Carbon monoxide,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
[[Page 45168]]
Dated: July 31, 2007.
William T. Wisniewski,
Acting 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 adding
the entry for Chapter 230 to 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 230 Variance for International Paper Franklin Paper Mill
----------------------------------------------------------------------------------------------------------------
5-230-10........................ Applicability and 09/07/05 08/13/07 [Insert ...................
designation of page number where
affected facility. the document
begins].
5-230-20........................ Definitions........ 09/07/05 08/13/07 [Insert ...................
page number where
the document
begins].
5-230-30........................ Authority to 09/07/05 08/13/07 [Insert ...................
operate under this page number where
chapter and FESOP. the document
begins].
5-230-40 (Except A.7., A.9., Sitewide Emissions 09/07/05 08/13/07 [Insert ...................
A.10., and B.2.). Caps. page number where
the document
begins]
5-230-50........................ New Source Review 09/07/05 08/13/07 [Insert ...................
program and page number where
registration the document
requirements. begins].
5-230-60 (Except A.1.).......... Other regulatory 09/07/05 08/13/07 [Insert ...................
requirements. page number where
the document
begins].
5-230-70........................ Federal Operating 09/07/05 08/13/07 [Insert ...................
Permits. page number where
the document
begins].
5-230-80........................ FESOP issuance and 09/07/05 08/13/07 [Insert ...................
amendments. page number where
the document
begins].
5-230-90........................ Transfer of 09/07/05 08/13/07 [Insert ...................
ownership. page number where
the document
begins].
5-230-100....................... Applicability of 09/07/05 08/13/07 [Insert ...................
future regulation page number where
amendments. the document
begins].
5-230-110....................... Termination of 09/07/05 08/13/07 [Insert ...................
authority to page number where
operate under this the document
chapter and FESOP. begins].
5-230-120....................... Review and 09/07/05 08/13/07 [Insert ...................
confirmation of page number where
this chapter by the document
Board. begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 45169]]
* * * * *
[FR Doc. E7-15587 Filed 8-10-07; 8:45 am]
BILLING CODE 6560-50-P