Approval and Promulgation of Air Quality Implementation Plans; Virginia; Amendments Extending the Applicability of Four Consumer and Commercial Product Regulations to the Fredericksburg Volatile Organic Compound (VOC) Emissions Control Area, 68511-68515 [E7-23386]
Download as PDF
<![CDATA[
68511
Federal Register / Vol. 72, No. 233 / Wednesday, December 5, 2007 / Rules and Regulations
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
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 February 4, 2008. 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 may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: November 20, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
Subpart Y—Minnesota
2. In § 52.1220 the table in paragraph
(d) is amended by revising the entry for
‘‘Xcel Energy, Inver Hills Generating
Plant’’ to read as follows:
I
§ 52.1220
40 CFR part 52 is amended as follows:
I
Authority: 42 U.S.C. 7401 et seq.
*
Identification of plan.
*
*
(d) * * *
*
*
EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS
Name of source
*
*
Xcel Energy—Inver Hills Generating Plant.
*
State effective
date
Permit No.
*
03700015–003
*
EPA approval date
*
10/27/06
*
Comments
*
12/5/07, [Insert page number
where the document begins].
*
*
Only conditions cited as ‘‘Title I
condition:
SIP
for
SO2
NAAQS.’’
*
*
40 CFR Part 52
within the Fredericksburg Area. The
revision also incorporates by reference
two additional test methods and
procedures needed for Virginia’s
Architectural and Industrial
Maintenance Coatings Rule. EPA is
approving this revision to the Virginia
SIP in accordance with the requirements
of the Clean Air Act (CAA).
[EPA–R03–OAR–2007–0479; FRL–8500–9]
DATES:
*
*
*
*
*
[FR Doc. E7–23496 Filed 12–4–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Amendments Extending the
Applicability of Four Consumer and
Commercial Product Regulations to
the Fredericksburg Volatile Organic
Compound (VOC) Emissions Control
Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
sroberts on PROD1PC70 with RULES
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Virginia. This revision consists of
amendments to extend the geographic
applicability of four consumer and
commercial product regulations—
Portable Fuel Container Spillage, Mobile
Equipment Repair and Refinishing
Operations, Architectural and Industrial
Maintenance Coatings, and Consumer
Products—to the Fredericksburg VOC
Emissions Control Area. These
amendments are necessary to
implement VOC contingency measures
VerDate Aug<31>2005
17:07 Dec 04, 2007
Jkt 214001
Effective Date: This final rule is
effective on January 4, 2008.
EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2007–0479. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Virginia Department of
Environmental Quality, 629 East Main
Street, Richmond, Virginia, 23219.
ADDRESSES:
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
*
*
FOR FURTHER INFORMATION CONTACT:
Ellen Wentworth, (215) 814–2034, or by
e-mail at wentworth.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 12, 2007 (72 FR 52028),
EPA published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Virginia. The NPR
proposed the approval of amendments
extending the geographic applicability
of four consumer and commercial
product regulations to the
Fredericksburg VOC Emissions Control
Area. The formal SIP revision was
submitted by the Commonwealth of
Virginia on May 14, 2007.
II. Summary of the SIP Revision
The May 14, 2007 SIP revision
contained regulation amendments to 9
VAC 5 Chapter 40 that extended the
geographic applicability of four
consumer and commercial product
regulations—Portable Fuel Container
Spillage, Mobile Equipment Repair and
Refinishing, Architectural and
Industrial Maintenance Coatings, and
Consumer Products—into the new
Fredericksburg VOC Emissions Control
Area established in 9 VAC 5–20–206
(March 2, 2007, 72 FR 9441). These
regulations had formerly applied only in
the Northern Virginia VOC Emissions
Control Area, and were based on the
Ozone Transport Commission (OTC)
model rules. The OTC developed
control measures into model rules for a
E:\FR\FM\05DER1.SGM
05DER1
68512
Federal Register / Vol. 72, No. 233 / Wednesday, December 5, 2007 / Rules and Regulations
sroberts on PROD1PC70 with RULES
number of source categories and
estimated emission reduction benefits
from implementing those model rules.
These regulations are necessary to
implement VOC contingency measures
within the Fredericksburg VOC
Emissions Control Area. The revision
also adds six additional specialty
coatings to the Architectural and
Industrial Maintenance Coatings
regulation. Other specific requirements
of Virginia’s SIP revision and the
rationale for EPA’s proposed action are
explained in the NPR and will not be
restated here. No public comments were
received on the NPR.
III. General Information Pertaining to
SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation
that provides, subject to certain
conditions, for an environmental
assessment (audit) ‘‘privilege’’ for
voluntary compliance evaluations
performed by a regulated entity. The
legislation further addresses the relative
burden of proof for parties either
asserting the privilege or seeking
disclosure of documents for which the
privilege is claimed. Virginia’s
legislation also provides, subject to
certain conditions, for a penalty waiver
for violations of environmental laws
when a regulated entity discovers such
violations pursuant to a voluntary
compliance evaluation and voluntarily
discloses such violations to the
Commonwealth and takes prompt and
appropriate measures to remedy the
violations. Virginia’s Voluntary
Environmental Assessment Privilege
Law, Va. Code Sec. 10.1–1198, provides
a privilege that protects from disclosure
documents and information about the
content of those documents that are the
product of a voluntary environmental
assessment. The Privilege Law does not
extend to documents or information (1)
that are generated or developed before
the commencement of a voluntary
environmental assessment; (2) that are
prepared independently of the
assessment process; (3) that demonstrate
a clear, imminent and substantial
danger to the public health or
environment; or (4) that are required by
law.
On January 12, 1998, the
Commonwealth of Virginia Office of the
Attorney General provided a legal
opinion that states that the Privilege
law, Va. Code Sec. 10.1–1198, precludes
granting a privilege to documents and
information ‘‘required by law,’’
including documents and information
‘‘required by Federal law to maintain
program delegation, authorization or
approval,’’ since Virginia must ‘‘enforce
VerDate Aug<31>2005
17:07 Dec 04, 2007
Jkt 214001
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
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.
IV. Final Action
EPA is approving a revision to the
Commonwealth of Virginia SIP,
extending the geographic applicability
of four consumer and commercial
product regulations—Portable Fuel
Container Spillage, Mobile Equipment
Repair and Refinishing Operations,
Architectural and Industrial
Maintenance Coatings, and Consumer
Products—to the Fredericksburg VOC
Emissions Control Area. EPA is also
approving the incorporation by
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
reference of two additional test methods
and procedures needed for Virginia’s
architectural and Industrial
Maintenance Coatings Rule.
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 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.
E:\FR\FM\05DER1.SGM
05DER1
Federal Register / Vol. 72, No. 233 / Wednesday, December 5, 2007 / Rules and Regulations
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 February 4, 2008. 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,
expanding the geographic applicability
of four consumer and commercial
product regulations to the
Fredericksburg VOC Emissions Control
Area, 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, Nitrogen dioxide, Ozone,
68513
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: November 20, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for 40 CFR
part 52 continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart VV—Virginia
2. In § 52.2420, the table in paragraph
(c) is amended by revising the entries
for Chapter 40, Part II, Sections 5–40–
5700, 5–40–5720, 5–40–5750, 5–40–
6970, 5–40–7050, 5–40–7120, 5–40–
7130, 5–40–7140, 5–40–7210, 5–40–
7240, 5–40–7250, 5–40–7260, 5–40–
7270, 5–40–7300, 5–40–7330, and 5–40–
7360. The table in paragraph (e) is
amended by adding an entry for
Documents Incorporated by Reference
after the eighth existing entry for
Documents Incorporated by Reference.
The amendments read as follows:
I
§ 52.2420
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES
State citation (9
VAC 5)
State effective
date
Title/subject
*
*
*
*
Chapter 40
*
*
*
Existing Stationary Sources (Part IV)
*
Part
*
*
*
*
II Emissions Standards
*
*
*
Portable Fuel Container Spillage (Rule 4–42)
Article 42
5–40–5700 ........
Applicability and designation of affected facility.
10/04/06
5–40–5720 ........
sroberts on PROD1PC70 with RULES
EPA approval date
*
*
*
Standard for volatile organic compounds.
10/04/06
5–40–5750 ........
*
*
*
Compliance schedules ..................
10/04/06
VerDate Aug<31>2005
17:07 Dec 04, 2007
Jkt 214001
PO 00000
Frm 00043
Explanation [former SIP citation]
*
*
*
*
*
*
12/05/07 [Insert page number
where the document begins].
Revision extends the applicability
to include the Fredericksburg
VOC Emissions Control Area.
*
*
*
12/05/07 [Insert page number
where the document begins].
*
*
*
*
12/05/07 [Insert page number
where the document begins].
*
Fmt 4700
Sfmt 4700
E:\FR\FM\05DER1.SGM
05DER1
68514
Federal Register / Vol. 72, No. 233 / Wednesday, December 5, 2007 / Rules and Regulations
EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued
State citation (9
VAC 5)
State effective
date
Title/subject
*
*
Article 48
EPA approval date
*
*
*
*
Mobile Equipment Repair and Refinishing Operations (Rule 4–48)
5–40–6970 ........
Applicability and designation of affected facility.
10/04/06
5–40–7050 ........
*
*
*
Compliance schedule ....................
10/04/06
*
*
Article 49
Explanation [former SIP citation]
12/05/07 [Insert page number
where the document begins].
*
10/04/06
12/05/07 [Insert page number
where the document begins].
5–40–7130 ........
Definitions .....................................
10/04/06
12/05/07 [Insert page number
where the document begins].
5–40–7140 ........
Standard for volatile organic compounds.
10/04/06
12/05/07 [Insert page number
where the document begins].
5–40–7210 ........
*
*
*
Compliance schedules ..................
10/04/06
*
*
Article 50
*
*
*
Consumer Products (Rule 4–50)
*
Revision extends the applicability
to include the Fredericksburg
VOC Emissions Control Area.
Revision adds definitions for the
following: ASTM, Calcimine
recoater,Concrete surface retarder, Conversion varnish, Impacted immersion coating, Nuclear
coatings,
and
Thermoplasftic rubber coating
and mastic.
Revision adds standards for the
following categories: Calcimine
recoaters,
Conversion
varnishes, Concrete surface retarder, Impacted immersion
coatings, Nuclear coatings, and
Thermoplastic rubber coating
and mastic.
*
*
12/05/07 [Insert page number
where the document begins].
*
*
*
5–40–7240 ........
Applicability ...................................
10/04/06
12/05/07 [Insert page number
where the document begins].
5–40–7250 ........
Exemptions ...................................
10/04/06
5–40–7260 ........
Definitions .....................................
10/04/06
5–40–7270 ........
Standard for volatile organic compounds.
10/04/06
12/05/07 [Insert page number
where the document begins].
12/05/07 [Insert page number
where the document begins].
12/05/07 [Insert page number
where the document begins].
5–40–7300 ........
*
*
*
Administrative requirements .........
10/04/06
5–40–7330 ........
*
*
*
Compliance schedules ..................
10/04/06
5–40–7360 ........
sroberts on PROD1PC70 with RULES
*
*
*
*
*
Architectural and Industrial Maintenance Coatings (Rule 4–49)
Applicability and designation of affected facility.
*
Revision extends the applicability
to include the Fredericksburg
VOC Emissions Control Area
*
*
12/05/07 [Insert page number
where the document begins].
5–40–7120 ........
*
*
*
Notification, records and reporting
10/04/06
*
(e) * * *
*
*
VerDate Aug<31>2005
*
Revision extends the applicability
to include the Fredericksburg
VOC Emissions Control Area.
*
*
*
*
*
12/05/07 [Insert page number
where the document begins].
*
*
*
*
*
12/05/07 [Insert page number
where the document begins].
*
*
12/05/07 [Insert page number
where the document begins].
*
*
17:07 Dec 04, 2007
Jkt 214001
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
E:\FR\FM\05DER1.SGM
05DER1
Federal Register / Vol. 72, No. 233 / Wednesday, December 5, 2007 / Rules and Regulations
Name of non-regulatory SIP
revision
Applicable geographic area
*
Documents Incorporated by
Reference (9 VAC 5–20–21,
Paragraphs E.4.a. (21) and
(22))..
*
*
Fredericksburg VOC Emissions Control Area Designated in 9 VAC 5–20–206.
*
*
State submittal
date
*
05/14/07
*
[FR Doc. E7–23386 Filed 12–4–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
EPA approval date
Additional Explanation
*
*
12/05/07 [Insert page number
where the document begins].
*
State effective date is 10/04/
06.
*
*
Incorporation by reference,
Intergovernmental relations, Nitrogen
oxides, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur dioxide.
40 CFR Part 97
40 CFR Parts 52 and 97
[EPA–R05–OAR–2007–0390; FRL–8501–1]
Approval of Implementation Plans;
Ohio; Clean Air Interstate Rule
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
Environmental protection,
Administrative practice and procedure,
Air pollution control, Electric utilities,
Intergovernmental relations, Nitrogen
oxides, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur dioxide.
Authority: 42 U.S.C. 7401 et seq.
*
SUMMARY: This document corrects an
error in the part 81 tables of a series of
final rules pertaining to EPA’s approval
of ozone redesignation requests for Kent
and Queen Anne, Erie, Fredericksburg,
Shenandoah, Charleston, ParkersburgMarietta, Steubenville-Weirton,
Wheeling, and Huntington-Ashland 8hour ozone nonattainment areas. The
requests to redesignate the areas from
nonattainment to attainment were
submitted by Maryland, Pennsylvania,
Virginia, and West Virginia.
EFFECTIVE DATE:
Accordingly, the amendments to 40
CFR 52.1870 and part 97 which were
published in the Federal Register on
October 16, 2007 (72 FR 58546) on
pages 58552–58553 are withdrawn as of
December 5, 2007.
SUPPLEMENTARY INFORMATION:
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland, Pennsylvania, Virginia, West
Virginia; Redesignation of 8-Hour
Ozone Nonattainment Areas to
Attainment and Approval of the Areas’
Maintenance Plans and 2002 BaseYear Inventories; Correction
AGENCY:
40 CFR Part 52
Environmental protection, Air
pollution control, Electric utilities,
VerDate Aug<31>2005
17:07 Dec 04, 2007
Jkt 214001
December 5, 2007.
FOR FURTHER INFORMATION CONTACT:
Irene Shandruk, (215) 814–2166 or by email at shandruk.irene@epa.gov.
List of Subjects
sroberts on PROD1PC70 with RULES
*
Dated: November 23, 2007.
Gary Gulezian,
Acting Regional Administrator, Region 5.
Due to the receipt of an
adverse comment, the EPA is
withdrawing the October 16, 2007 (72
FR 58546), direct final rule approving
the State of Ohio’s September 26, 2007,
request to revise the Ohio State
Implementation Plan (SIP) by
incorporating provisions related to the
implementation of EPA’s Clean Air
Interstate Rule (CAIR). In the direct final
rule, EPA stated that if adverse
comments were submitted by November
15, 2007, the rule would be withdrawn
and not take effect. On November 9,
2007, EPA received a comment. EPA
believes this comment is adverse and,
therefore, EPA is withdrawing the direct
final rule. EPA will address the
comment in a subsequent final action
based upon the proposed action also
published on October 16, 2007 (72 FR
58571). EPA will not institute a second
comment period on this action.
DATES: The direct final rule published at
72 FR 58546 on October 16, 2007, is
withdrawn as of December 5, 2007.
FOR FURTHER INFORMATION CONTACT: John
Paskevicz, Engineer, Criteria Pollutant
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6084,
paskevicz.john@epa.gov.
SUMMARY:
68515
I
[FR Doc. E7–23504 Filed 12–4–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R03–OAR–2006–0353; EPA–R03–
OAR–2007–0476; EPA–R03–OAR–2005–VA–
0007; EPA–R03–OAR–2005–VA–0013; EPA–
R03–OAR–2005–0548; EPA–R03–OAR–
2006–0485; EPA–R03–OAR–2006–0682;
EPA–R03–OAR–2006–0692; EPA–R03–
OAR–2006–0817; FRL–8500–8]
Throughout this document wherever
‘‘we’’ or ‘‘our’’ are used we mean EPA.
The following table is a summary of the
dates on which we published final
rulemaking documents announcing our
approval of three simultaneous actions
for nine areas: (1) Redesignation from
nonattainment to attainment of 8-hour
ozone national ambient air quality
standard (NAAQS); (2) approval of the
areas’ maintenance plans, and (3)
approval of the emissions 2002 baseyear inventories and mobile budgets.
The effective dates for the three actions
were announced in the DATES section as
being 30 days from the date of
publication.
Environmental Protection
Agency (EPA).
ACTION: Final rule; correcting
amendment.
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
E:\FR\FM\05DER1.SGM
05DER1
]]>Agencies
[Federal Register Volume 72, Number 233 (Wednesday, December 5, 2007)]
[Rules and Regulations]
[Pages 68511-68515]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23386]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2007-0479; FRL-8500-9]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Amendments Extending the Applicability of Four Consumer and
Commercial Product Regulations to the Fredericksburg Volatile Organic
Compound (VOC) Emissions Control Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Virginia. This revision consists of
amendments to extend the geographic applicability of four consumer and
commercial product regulations--Portable Fuel Container Spillage,
Mobile Equipment Repair and Refinishing Operations, Architectural and
Industrial Maintenance Coatings, and Consumer Products--to the
Fredericksburg VOC Emissions Control Area. These amendments are
necessary to implement VOC contingency measures within the
Fredericksburg Area. The revision also incorporates by reference two
additional test methods and procedures needed for Virginia's
Architectural and Industrial Maintenance Coatings Rule. EPA is
approving this revision to the Virginia SIP in accordance with the
requirements of the Clean Air Act (CAA).
DATES: Effective Date: This final rule is effective on January 4, 2008.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0479. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Virginia Department of Environmental
Quality, 629 East Main Street, Richmond, Virginia, 23219.
FOR FURTHER INFORMATION CONTACT: Ellen Wentworth, (215) 814-2034, or by
e-mail at wentworth.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 12, 2007 (72 FR 52028), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Virginia. The NPR
proposed the approval of amendments extending the geographic
applicability of four consumer and commercial product regulations to
the Fredericksburg VOC Emissions Control Area. The formal SIP revision
was submitted by the Commonwealth of Virginia on May 14, 2007.
II. Summary of the SIP Revision
The May 14, 2007 SIP revision contained regulation amendments to 9
VAC 5 Chapter 40 that extended the geographic applicability of four
consumer and commercial product regulations--Portable Fuel Container
Spillage, Mobile Equipment Repair and Refinishing, Architectural and
Industrial Maintenance Coatings, and Consumer Products--into the new
Fredericksburg VOC Emissions Control Area established in 9 VAC 5-20-206
(March 2, 2007, 72 FR 9441). These regulations had formerly applied
only in the Northern Virginia VOC Emissions Control Area, and were
based on the Ozone Transport Commission (OTC) model rules. The OTC
developed control measures into model rules for a
[[Page 68512]]
number of source categories and estimated emission reduction benefits
from implementing those model rules. These regulations are necessary to
implement VOC contingency measures within the Fredericksburg VOC
Emissions Control Area. The revision also adds six additional specialty
coatings to the Architectural and Industrial Maintenance Coatings
regulation. Other specific requirements of Virginia's SIP revision and
the rationale for EPA's proposed action are explained in the NPR and
will not be restated here. No public comments were received on the NPR.
III. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information (1) that are generated or developed
before the commencement of a voluntary environmental assessment; (2)
that are prepared independently of the assessment process; (3) that
demonstrate a clear, imminent and substantial danger to the public
health or environment; or (4) that are required by law.
On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts* * * * .'' The opinion
concludes that ``[r]egarding Sec. 10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the 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.
IV. Final Action
EPA is approving a revision to the Commonwealth of Virginia SIP,
extending the geographic applicability of four consumer and commercial
product regulations--Portable Fuel Container Spillage, Mobile Equipment
Repair and Refinishing Operations, Architectural and Industrial
Maintenance Coatings, and Consumer Products--to the Fredericksburg VOC
Emissions Control Area. EPA is also approving the incorporation by
reference of two additional test methods and procedures needed for
Virginia's architectural and Industrial Maintenance Coatings Rule.
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 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.
[[Page 68513]]
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 February 4, 2008. 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, expanding the geographic applicability of four consumer
and commercial product regulations to the Fredericksburg VOC Emissions
Control Area, 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: November 20, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for 40 CFR part 52 continues to read as
follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart VV--Virginia
0
2. In Sec. 52.2420, the table in paragraph (c) is amended by revising
the entries for Chapter 40, Part II, Sections 5-40-5700, 5-40-5720, 5-
40-5750, 5-40-6970, 5-40-7050, 5-40-7120, 5-40-7130, 5-40-7140, 5-40-
7210, 5-40-7240, 5-40-7250, 5-40-7260, 5-40-7270, 5-40-7300, 5-40-7330,
and 5-40-7360. The table in paragraph (e) is amended by adding an entry
for Documents Incorporated by Reference after the eighth existing entry
for Documents Incorporated by Reference. The amendments read as
follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State Explanation [former
State citation (9 VAC 5) Title/subject effective date EPA approval date SIP citation]
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Chapter 40 Existing Stationary Sources (Part IV)
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Part II Emissions Standards
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Article 42 Portable Fuel Container Spillage (Rule 4-42)
----------------------------------------------------------------------------------------------------------------
5-40-5700.................. Applicability and 10/04/06 12/05/07 [Insert page Revision extends the
designation of number where the applicability to
affected facility. document begins]. include the
Fredericksburg VOC
Emissions Control
Area.
* * * * * * *
5-40-5720.................. Standard for volatile 10/04/06 12/05/07 [Insert page
organic compounds. number where the
document begins].
* * * * * * *
5-40-5750.................. Compliance schedules. 10/04/06 12/05/07 [Insert page
number where the
document begins].
----------------------------------------------------------------------------------------------------------------
[[Page 68514]]
* * * * * * *
Article 48 Mobile Equipment Repair and Refinishing Operations (Rule 4-48)
----------------------------------------------------------------------------------------------------------------
5-40-6970.................. Applicability and 10/04/06 12/05/07 [Insert page Revision extends the
designation of number where the applicability to
affected facility. document begins]. include the
Fredericksburg VOC
Emissions Control
Area
* * * * * * *
5-40-7050.................. Compliance schedule.. 10/04/06 12/05/07 [Insert page
number where the
document begins].
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Article 49 Architectural and Industrial Maintenance Coatings (Rule 4-49)
----------------------------------------------------------------------------------------------------------------
5-40-7120.................. Applicability and 10/04/06 12/05/07 [Insert page Revision extends the
designation of number where the applicability to
affected facility. document begins]. include the
Fredericksburg VOC
Emissions Control
Area.
5-40-7130.................. Definitions.......... 10/04/06 12/05/07 [Insert page Revision adds
number where the definitions for the
document begins]. following: ASTM,
Calcimine
recoater,Concrete
surface retarder,
Conversion varnish,
Impacted immersion
coating, Nuclear
coatings, and
Thermoplasftic
rubber coating and
mastic.
5-40-7140.................. Standard for volatile 10/04/06 12/05/07 [Insert page Revision adds
organic compounds. number where the standards for the
document begins]. following
categories:
Calcimine recoaters,
Conversion
varnishes, Concrete
surface retarder,
Impacted immersion
coatings, Nuclear
coatings, and
Thermoplastic rubber
coating and mastic.
* * * * * * *
5-40-7210.................. Compliance schedules. 10/04/06 12/05/07 [Insert page
number where the
document begins].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Article 50 Consumer Products (Rule 4-50)
----------------------------------------------------------------------------------------------------------------
5-40-7240.................. Applicability........ 10/04/06 12/05/07 [Insert page Revision extends the
number where the applicability to
document begins]. include the
Fredericksburg VOC
Emissions Control
Area.
5-40-7250.................. Exemptions........... 10/04/06 12/05/07 [Insert page
number where the
document begins].
5-40-7260.................. Definitions.......... 10/04/06 12/05/07 [Insert page
number where the
document begins].
5-40-7270.................. Standard for volatile 10/04/06 12/05/07 [Insert page
organic compounds. number where the
document begins].
* * * * * * *
5-40-7300.................. Administrative 10/04/06 12/05/07 [Insert page
requirements. number where the
document begins].
* * * * * * *
5-40-7330.................. Compliance schedules. 10/04/06 12/05/07 [Insert page
number where the
document begins].
* * * * * * *
5-40-7360.................. Notification, records 10/04/06 12/05/07 [Insert page
and reporting. number where the
document begins].
----------------------------------------------------------------------------------------------------------------
(e) * * *
* * * * *
[[Page 68515]]
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Documents Incorporated by Fredericksburg VOC 05/14/07 12/05/07 [Insert State effective
Reference (9 VAC 5-20-21, Emissions Control page number where date is 10/04/06.
Paragraphs E.4.a. (21) and Area Designated in the document
(22)).. 9 VAC 5-20-206. begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. E7-23386 Filed 12-4-07; 8:45 am]
BILLING CODE 6560-50-P
