Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Virginia; Control of Particulate Matter From Pulp and Paper Mills, 59207-59210 [E7-20568]
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Federal Register / Vol. 72, No. 202 / Friday, October 19, 2007 / Rules and Regulations
§ 97.102
Definitions.
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*
*
*
*
Biomass means—
(1) Any organic material grown for the
purpose of being converted to energy;
(2) Any organic byproduct of
agriculture that can be converted into
energy; or
(3) Any material that can be converted
into energy and is nonmerchantable for
other purposes, that is segregated from
other nonmerchantable material, and
that is;
(i) A forest-related organic resource,
including mill residues, precommercial
thinnings, slash, brush, or byproduct
from conversion of trees to
merchantable material; or
(ii) A wood material, including
pallets, crates, dunnage, manufacturing
and construction materials (other than
pressure-treated, chemically-treated, or
painted wood products), and landscape
or right-of-way tree trimmings.
*
*
*
*
*
Cogeneration unit means * * *
(3) Provided that the total energy
input under paragraphs (2)(i)(B) and
(2)(ii) of this definition shall equal the
unit’s total energy input from all fuel
except biomass if the unit is a boiler.
*
*
*
*
*
Total energy input means * * * Each
form of energy supplied shall be
measured by the lower heating value of
that form of energy calculated as
follows:
LHV = HHV ¥ 10.55(W + 9H)
Where:
LHV = lower heating value of fuel in Btu/lb,
HHV = higher heating value of fuel in Btu/
lb,
W = Weight % of moisture in fuel, and
H = Weight % of hydrogen in fuel.
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17. Section 97.202 is amended as
follows:
I a. By adding in alphabetical order a
new definition of ‘‘Biomass’’;
I b. In the definition of ‘‘Cogeneration
unit’’, by removing the period at the end
of paragraph (2)(ii) and adding a
semicolon in its place and by adding a
new paragraph (3);
I c. In the definition of ‘‘Permitting
authority’’, by removing the words ‘‘in
accordance with subpart CCC of this
part’’; and
I d. By adding a sentence at the end of
the definition of ‘‘Total energy input’’ to
read as follows:
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I
§ 97.202
Definitions.
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Biomass means—
(1) Any organic material grown for the
purpose of being converted to energy;
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(2) Any organic byproduct of
agriculture that can be converted into
energy; or
(3) Any material that can be converted
into energy and is nonmerchantable for
other purposes, that is segregated from
other nonmerchantable material, and
that is;
(i) A forest-related organic resource,
including mill residues, precommercial
thinnings, slash, brush, or byproduct
from conversion of trees to
merchantable material; or
(ii) A wood material, including
pallets, crates, dunnage, manufacturing
and construction materials (other than
pressure-treated, chemically-treated, or
painted wood products), and landscape
or right-of-way tree trimmings.
*
*
*
*
*
Cogeneration unit means * * *
(3) Provided that the total energy
input under paragraphs (2)(i)(B) and
(2)(ii) of this definition shall equal the
unit’s total energy input from all fuel
except biomass if the unit is a boiler.
*
*
*
*
*
Total energy input means * * * Each
form of energy supplied shall be
measured by the lower heating value of
that form of energy calculated as
follows:
LHV = HHV¥10.55(W + 9H)
Where:
LHV = lower heating value of fuel in Btu/lb,
HHV = higher heating value of fuel in Btu/
lb,
W = Weight % of moisture in fuel, and
H = Weight % of hydrogen in fuel.
*
*
*
*
*
I 18. Section 97.302 is amended as
follows:
I a. By adding in alphabetical order a
new definition of ‘‘Biomass’’;
I b. In the definition of ‘‘Cogeneration
unit’’, by removing the period at the end
of paragraph (2)(ii) and adding a
semicolon in its place and by adding a
new paragraph (3);
I c. In the definition of ‘‘Permitting
authority’’, by removing the words ‘‘in
accordance with subpart CCCC of this
part’’; and
I d. By adding a sentence at the end of
the definition of ‘‘Total energy input’’ to
read as follows:
§ 97.302
Definitions.
*
*
*
*
*
Biomass means—
(1) Any organic material grown for the
purpose of being converted to energy;
(2) Any organic byproduct of
agriculture that can be converted into
energy; or
(3) Any material that can be converted
into energy and is nonmerchantable for
other purposes, that is segregated from
PO 00000
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Fmt 4700
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59207
other nonmerchantable material, and
that is;
(i) A forest-related organic resource,
including mill residues, precommercial
thinnings, slash, brush, or byproduct
from conversion of trees to
merchantable material; or
(ii) A wood material, including
pallets, crates, dunnage, manufacturing
and construction materials (other than
pressure-treated, chemically-treated, or
painted wood products), and landscape
or right-of-way tree trimmings.
*
*
*
*
*
Cogeneration unit means * * *
(3) Provided that the total energy
input under paragraphs (2)(i)(B) and
(2)(ii) of this definition shall equal the
unit’s total energy input from all fuel
except biomass if the unit is a boiler.
*
*
*
*
*
Total energy input means * * * Each
form of energy supplied shall be
measured by the lower heating value of
that form of energy calculated as
follows:
LHV = HHV¥10.55(W + 9H)
Where:
LHV = lower heating value of fuel in Btu/lb,
HHV = higher heating value of fuel in Btu/
lb,
W = Weight % of moisture in fuel, and
H = Weight % of hydrogen in fuel.
*
*
*
*
*
[FR Doc. E7–20447 Filed 10–18–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2005–VA–0011; FRL–8484–
5]
Approval and Promulgation of Air
Quality Implementation Plans;
Commonwealth of Virginia; Control of
Particulate Matter From Pulp and
Paper Mills
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Virginia. The revision pertains to
amendments to an existing regulation to
control particulate matter from pulp and
paper mills. EPA is approving this SIP
revision in accordance with the Clean
Air Act (CAA).
DATES: Effective Date: This final rule is
effective on November 19, 2007.
ADDRESSES: EPA has established a
docket for this action under Docket ID
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Federal Register / Vol. 72, No. 202 / Friday, October 19, 2007 / Rules and Regulations
Number EPA–R03–OAR–2005–VA–
0011. 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:
LaKeshia Robertson, (215) 814–2113, or
by e-mail at robertson.lakeshia@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 3, 2007 (72 FR 36404), EPA
published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Virginia. The NPR
proposed approval of Virginia’s plan to
control particulate matter emissions
from pulp and paper mills (9 VAC 5,
Chapter 40, Article 13, Rule 4–13). The
formal SIP revision was submitted by
the Commonwealth of Virginia on June
21, 2005. Other specific requirements of
Virginia’s plan to control particulate
matter from pulp and paper mills and
the rational for EPA’s proposed action
are explained in the NPR and will not
be restated here. No public comments
were received on the NPR.
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II. 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
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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
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
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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
CAA, 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.
III. Final Action
EPA is approving the amendments to
an existing regulation (9 VAC 5, Chapter
40, Article 13, Rule 4–13) submitted on
June 21, 2005 as a revision to the
Virginia SIP.
IV. 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
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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 CAA. 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 CAA. 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 CAA. 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
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action,
approving the amendments to Virginia’s
regulation to control particulate matter
from pulp and paper mills, 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, Incorporation by
reference, Particulate matter, Reporting
and recordkeeping requirements.
Dated: October 10, 2007.
William T. Wisniewski,
Acting Regional Administrator, Region III.
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
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 18, 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
2. In § 52.2420, the table in paragraph
(c) is amended by revising the entries
for Article 13 (title), 5–40–1660, 5–40–
1670, 5–40–1750, and 5–40–1810 to
read as follows:
I
§ 52.2420
*
Identification of plan.
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(c) * * *
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EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES
State citation (9 VAC 5)
*
State effective
date
Title/subject
*
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*
Chapter 40
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5–40–1660 ................................
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Emission Standards
*
Emission Standards From Kraft Pulp and Paper Mills (Rule 4–13)
Applicability and designation of
affected facilities.
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Article 13
Explanation [former SIP
citation]
Existing Stationary Sources
Part II
*
EPA approval
date
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number where the document begins].
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EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued
State effective
date
State citation (9 VAC 5)
Title/subject
5–40–1670 ................................
Definitions ................................
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5–40–1750 ................................
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[FR Doc. E7–20568 Filed 10–18–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2007–0173;FRL–8484–2]
Determination of Attainment, Approval
and Promulgation of Implementation
Plans and Designation of Areas for Air
Quality Planning Purposes; Indiana;
Redesignation of Central Indiana To
Attainment of the 8-Hour Ozone
Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
sroberts on PROD1PC70 with RULES
AGENCY:
SUMMARY: On March 26, 2007, the
Indiana Department of Environmental
Management (IDEM) submitted a
request for EPA approval of a
redesignation of Boone, Hamilton,
Hancock, Hendricks, Johnson, Madison,
Marion, Morgan, and Shelby Counties
(the Central Indiana Area) to attainment
of the 8-hour ozone National Ambient
Air Quality Standard (NAAQS). IDEM
also requested EPA approval of an
ozone maintenance plan for this area as
a revision of the Indiana State
Implementation Plan (SIP). The
maintenance plan demonstrates
maintenance of the ozone NAAQS in
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Explanation [former SIP
citation]
10/19/07 [Insert page
number where the document begins].
Added: Neutral sulfite
semichemical pulping operation, New design recovery
furnace, Pulp and paper mill,
Semichemical pulping process; Revised: Cross recovery furnace, Straight kraft recovery furnace, Total reduced sulfur; Removed:
Agreement
*
04/01/99
Permits .....................................
*
*
*
Compliance ..............................
*
5–40–1810 ................................
*
*
04/01/99
EPA approval
date
*
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*
10/19/07 [Insert page
number where the document begins].
*
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*
*
*
04/01/99
*
10/19/07 [Insert page
number where the document begins].
this area through 2020 and establishes
2006 and 2020 motor vehicle Volatile
Organic Compounds (VOC) and
Nitrogen Oxides (NOX) emission
budgets for this area. EPA is making a
determination that the Central Indiana
Area has attained the 8-hour ozone
NAAQS. EPA is approving, as a SIP
revision, the State’s ozone maintenance
plan for this area. Indiana has satisfied
the criteria for the redesignation of the
Central Indiana Area to attainment of
the 8-hour ozone NAAQS, and,
therefore, EPA is approving Indiana’s
ozone redesignation request for this
area. Further, EPA is approving, for
purposes of transportation conformity,
the VOC and NOX Motor Vehicle
Emission Budgets (MVEBs) for 2006 and
2020 that are contained in the 8-hour
ozone maintenance plan. EPA proposed
these actions on July 31, 2007, and
received only one comment in response
supporting the proposed actions.
DATES: This final rule is effective on
October 19, 2007.
ADDRESSES: EPA has established a
docket for this action under Docket ID
NO. EPA–R05–OAR–2007–0173. All
documents in the docket are listed on
the 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
PO 00000
*
the Internet, and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy 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 Edward
Doty, Environmental Scientist, at (312)
886–6057 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT:
Edward Doty, Environmental Scientist,
Criteria Pollutant Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–6057,
doty.edward@epa.gov.
In the
following, whenever ‘‘we,’’ ‘‘us,’’ or
‘‘our’’ are used, we mean the United
States Environmental Protection
Agency.
SUPPLEMENTARY INFORMATION:
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.
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[Federal Register Volume 72, Number 202 (Friday, October 19, 2007)]
[Rules and Regulations]
[Pages 59207-59210]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20568]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2005-VA-0011; FRL-8484-5]
Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Virginia; Control of Particulate Matter From Pulp and
Paper Mills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Virginia. The revision pertains to
amendments to an existing regulation to control particulate matter from
pulp and paper mills. EPA is approving this SIP revision in accordance
with the Clean Air Act (CAA).
DATES: Effective Date: This final rule is effective on November 19,
2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
[[Page 59208]]
Number EPA-R03-OAR-2005-VA-0011. 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: LaKeshia Robertson, (215) 814-2113, or
by e-mail at robertson.lakeshia@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 3, 2007 (72 FR 36404), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Virginia. The NPR proposed
approval of Virginia's plan to control particulate matter emissions
from pulp and paper mills (9 VAC 5, Chapter 40, Article 13, Rule 4-13).
The formal SIP revision was submitted by the Commonwealth of Virginia
on June 21, 2005. Other specific requirements of Virginia's plan to
control particulate matter from pulp and paper mills and the rational
for EPA's proposed action are explained in the NPR and will not be
restated here. No public comments were received on the NPR.
II. 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 CAA, 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.
III. Final Action
EPA is approving the amendments to an existing regulation (9 VAC 5,
Chapter 40, Article 13, Rule 4-13) submitted on June 21, 2005 as a
revision to the Virginia SIP.
IV. 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
[[Page 59209]]
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
CAA. 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 CAA. 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 CAA. 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 18, 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 amendments to Virginia's regulation to
control particulate matter from pulp and paper mills, 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, Incorporation by
reference, Particulate matter, Reporting and recordkeeping
requirements.
Dated: October 10, 2007.
William T. Wisniewski,
Acting Regional Administrator, Region III.
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 revising
the entries for Article 13 (title), 5-40-1660, 5-40-1670, 5-40-1750,
and 5-40-1810 to read as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
Explanation
State citation (9 VAC 5) Title/subject State EPA approval date [former SIP
effective date citation]
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 40 Existing Stationary Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part II Emission Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 13 Emission Standards From Kraft Pulp and Paper Mills (Rule 4-13)
----------------------------------------------------------------------------------------------------------------
5-40-1660................... Applicability 04/01/99 10/19/07 [Insert page number ...............
and where the document begins].
designation of
affected
facilities.
----------------------------------------------------------------------------------------------------------------
[[Page 59210]]
5-40-1670................... Definitions.... 04/01/99 10/19/07 [Insert page number Added: Neutral
where the document begins]. sulfite
semichemical
pulping
operation, New
design
recovery
furnace, Pulp
and paper
mill,
Semichemical
pulping
process;
Revised: Cross
recovery
furnace,
Straight kraft
recovery
furnace, Total
reduced
sulfur;
Removed:
Agreement
* * * * * * *
----------------------------------------------------------------------------------------------------------------
5-40-1750................... Compliance..... 04/01/99 10/19/07 [Insert page number ...............
where the document begins].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
5-40-1810................... Permits........ 04/01/99 10/19/07 [Insert page number ...............
where the document begins].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E7-20568 Filed 10-18-07; 8:45 am]
BILLING CODE 6560-50-P
