Approval and Promulgation of Air Quality Implementation Plans; Virginia; Amendments to Existing Regulation Provisions Concerning Reasonably Available Control Technology, 10670-10673 [E8-3388]
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10670
Federal Register / Vol. 73, No. 40 / Thursday, February 28, 2008 / Rules and Regulations
under ECCNs 4D994 or 5D992 to be
used on such commodities. Software
must be loaded onto such commodities
prior to export or reexport or be
exported or reexported solely for
servicing or in-kind replacement of
legally exported or reexported software.
All such software must remain loaded
on such commodities while in Sudan;
(ii) Telecommunications equipment
controlled under ECCN 5A991 and
‘‘software’’ controlled under ECCN
5D992 to be used in the operation of
such equipment. Software must be
loaded onto such equipment prior to
export or be exported or reexported
solely for servicing or in-kind
replacement of legally exported or
reexported software. All such software
must remain loaded on such equipment
while in Sudan;
(iii) Global positioning systems (GPS)
or similar satellite receivers controlled
under ECCN 7A994; and
(iv) Parts and components that are
controlled under ECCN 5A992, that are
installed with, or contained in,
commodities in paragraphs
(a)(2)(i)(B)(4) (i) and (ii) of this section
and that remain installed with or
contained in such commodities while in
Sudan.
*
*
*
*
*
Dated: February 21, 2008.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. E8–3808 Filed 2–27–08; 8:45 am]
BILLING CODE 3510–33–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2007–1169; FRL–8532–6]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Amendments to Existing Regulation
Provisions Concerning Reasonably
Available Control Technology
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
yshivers on PROD1PC62 with RULES
AGENCY:
SUMMARY: EPA is taking direct final
action to approve revisions to the
Commonwealth of Virginia State
Implementation Plan (SIP). The
revisions pertain to administrative
amendments to the Commonwealth
regulation governing source-specific
nitrogen oxides (NOX) reasonable
available control technology (RACT).
EPA is approving these revisions to the
Commonwealth of Virginia SIP in
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accordance with the requirements of the
Clean Air Act (CAA).
DATES: This rule is effective on April 28,
2008 without further notice, unless EPA
receives adverse written comment by
March 31, 2008. 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–2007–1169 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2007–1169,
Cristina Fernandez, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
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–2007–
1169. 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
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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 Virginia Department of
Environmental Quality, 629 East Main
Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT:
Gregory Becoat, (215) 814–2036, or by email at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Summary of the SIP Revision
On September 28, 2006, the
Commonwealth of Virginia submitted a
revision to its State Implementation
Plan. The revision consists of
administrative amendments to
Virginia’s Regulation A99 pertaining to
RACT for the control of NOX emissions
from major stationary sources. The
amendments consist of administrative
wording changes, removal of surplus
definitions, and the paragraph
renumbering of a particular section.
II. Description of SIP Revision and EPA
Review
These SIP revisions consist of the
following changes:
1. Administrative wording changes to
Regulations 9 VAC 5–40–240, 9 VAC 5–
40–250, and 9 VAC 5–40–311B.
2. Removal of definitions
‘‘Combustion unit,’’ ‘‘Fuel burning
equipment installation,’’ and ‘‘Total
capacity’’ in section 9 VAC 5–40–
311B.3. Section 9 VAC 5–40–311B.1
establishes that the definitions in
section 9 VAC 5–40–311B.3 apply only
to section 9 VAC 5–40–311. Although
EPA had approved these revisions on
April 28, 1999 (64 FR 22789), these
three terms are used only in regulatory
provisions which are not part of the
approved Virginia SIP.
3. Renumbering of 9 VAC 5–40–
311C.3.b., d., e., f., and g. to 9 VAC 5–
40–311C.3.a., through e. respectively.
EPA views the revisions to 9 VAC 5–
40–240, 9 VAC 5–40–250, and 9 VAC 5–
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40–311B., as administrative changes.
EPA also views the renumbering of 9
VAC 5–40–311C.3.b., d., e., f., and g. to
9 VAC 5–40–311C.3.a., through e. as an
administrative re-codification. EPA
considers these revisions nonsubstantive, as they do not affect the
scope of the currently approved Virginia
SIP, and consequently, cannot interfere
with timely attainment or progress
toward attainment of a national ambient
air quality standard (NAAQS), nor
interfere with any other provision of the
Clean Air Act (CAA).
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
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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
CAA is likewise unaffected by this, or
any, state audit privilege or immunity
law.
IV. Final Action
EPA is approving the Commonwealth
of Virginia SIP revision to make the
administrative changes to 9 VAC 5–40–
240, 9 VAC 5–40–250, and 9 VAC 5–40–
311, which was submitted on September
28, 2006. EPA is publishing this rule
without prior proposal because the
Agency views this as a noncontroversial
amendment and anticipates no adverse
comment. 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
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comments are filed. This rule will be
effective on April 28, 2008 without
further notice unless EPA receives
adverse comment by March 31, 2008. 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 the 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
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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 April 28, 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
pertaining to amendments to the
Commonwealth of Virginia regulations
governing source-specific NOX RACT
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.
Dated: February 12, 2008.
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, Sections 5–40–240, 5–
40–250, and 5–40–311 to 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
*
*
*
*
5–40–240 ..........
5–40–250 ..........
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*
5–40–311 ..........
*
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*
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*
*
*
*
*
General Process Operations (Rule 4–4)
*
*
Reasonably available control technology guidelines for stationary
sources of nitrogen oxides.
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*
*
*
Applicability and designation of affected facility.
Definitions .......................................
15:40 Feb 27, 2008
*
Emission Standards
*
*
*
*
Article 4
Explanation [former SIP citation]
Existing Stationary Sources
Part II
*
EPA approval date
1/1/02
1/1/02
02/28/08 [Insert page number
where the document begins].
02/28/08 [Insert page number
where the document begins].
1/1/02
*
*
02/28/08 [Insert page number
where the document begins].
*
Frm 00030
Fmt 4700
*
*
Removal of definitions ‘‘Combustion unit,’’ ‘‘Fuel burning equipment installation’’ and ‘‘Total capacity’’ in 9 VAC 5–40–311B.3.
Exception: 311D.
*
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*
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[FR Doc. E8–3388 Filed 2–27–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2007–1157; FRL–8532–4]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Maryland; Revised Definition of
Volatile Organic Compound (VOC)
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
yshivers on PROD1PC62 with RULES
AGENCY:
SUMMARY: EPA is taking direct final
action on a revision to the Maryland
State Implementation Plan (SIP)
submitted by the Maryland Department
of Environment (MDE). The revision
allows Maryland to incorporate
prospectively EPA’s definition of
‘‘Volatile organic compounds (VOC)’’ as
amended. EPA is approving these
revisions to the Maryland SIP in
accordance with the requirements of the
Clean Air Act.
DATES: This rule is effective on April 28,
2008 without further notice, unless EPA
receives adverse written comment by
March 31, 2008. 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 R03–
OAR–2007–1157 by one of the following
methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. E-mail: frankford.harold@epa.gov
C. Mail: EPA–R03–OAR–2007–1157,
Harold A. Frankford, Office of Air
Programs, Mailcode 3AP20, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
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–2007–
1157. 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
VerDate Aug<31>2005
15:40 Feb 27, 2008
Jkt 214001
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 Maryland Department of
the Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
FOR FURTHER INFORMATION CONTACT:
Harold A. Frankford at (215) 814–2108,
or by e-mail at
frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Summary of SIP Revisions
On October 24, 2007, the State of
Maryland submitted a formal revision
(#07–11) to its SIP. The SIP revision
consists of a revised reference to the
Federal definition of ‘‘Volatile organic
compounds (VOC)’’ at 40 CFR 51.100(s)
which is found at COMAR
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10673
26.11.01.01B(53), Maryland’s definition
for ‘‘Volatile organic compound (VOC)’’.
These regulatory revisions became
effective on October 8, 2007.
II. Description of the SIP Revision
Maryland has revised COMAR
26.11.01.01B(53) to incorporate by
reference the EPA definition of VOC
found at 40 CFR 51.100(s), as amended.
Maryland’s current SIP definition of
VOC specifically references the 2004
edition of 40 CFR 51.100(s). This
wording change allows Maryland to
incorporate by reference the current and
all future revisions of 40 CFR 51.100(s)
into COMAR 26.11.01.01B(53) without
requiring a regulatory change to the
Maryland rule. Maryland states that it
can incorporate this Federal rule
prospectively as a result of a change to
section 7–207(a)(3)(iii)2, State
Government Article, Annotated Code of
Maryland, which the State enacted in
2005.
III. Final Action
EPA is approving the amendment to
COMAR 26.11.01.01B(53) as a revision
to the Maryland SIP. EPA is publishing
this rule without prior proposal because
the Agency views this as a
noncontroversial amendment and
anticipates no adverse comment since
the revisions are administrative changes
to the state regulations. 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 April 28, 2008
without further notice unless EPA
receives adverse comment by March 31,
2008. 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.
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
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Agencies
[Federal Register Volume 73, Number 40 (Thursday, February 28, 2008)]
[Rules and Regulations]
[Pages 10670-10673]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3388]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2007-1169; FRL-8532-6]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Amendments to Existing Regulation Provisions Concerning
Reasonably Available Control Technology
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). The revisions
pertain to administrative amendments to the Commonwealth regulation
governing source-specific nitrogen oxides (NOX) reasonable
available control technology (RACT). EPA is approving these revisions
to the Commonwealth of Virginia SIP in accordance with the requirements
of the Clean Air Act (CAA).
DATES: This rule is effective on April 28, 2008 without further notice,
unless EPA receives adverse written comment by March 31, 2008. 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-2007-1169 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2007-1169, Cristina Fernandez, Chief, Air
Quality Planning Branch, Mailcode 3AP21, 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-
2007-1169. 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 Virginia Department of Environmental Quality, 629 East
Main Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by
e-mail at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Summary of the SIP Revision
On September 28, 2006, the Commonwealth of Virginia submitted a
revision to its State Implementation Plan. The revision consists of
administrative amendments to Virginia's Regulation A99 pertaining to
RACT for the control of NOX emissions from major stationary
sources. The amendments consist of administrative wording changes,
removal of surplus definitions, and the paragraph renumbering of a
particular section.
II. Description of SIP Revision and EPA Review
These SIP revisions consist of the following changes:
1. Administrative wording changes to Regulations 9 VAC 5-40-240, 9
VAC 5-40-250, and 9 VAC 5-40-311B.
2. Removal of definitions ``Combustion unit,'' ``Fuel burning
equipment installation,'' and ``Total capacity'' in section 9 VAC 5-40-
311B.3. Section 9 VAC 5-40-311B.1 establishes that the definitions in
section 9 VAC 5-40-311B.3 apply only to section 9 VAC 5-40-311.
Although EPA had approved these revisions on April 28, 1999 (64 FR
22789), these three terms are used only in regulatory provisions which
are not part of the approved Virginia SIP.
3. Renumbering of 9 VAC 5-40-311C.3.b., d., e., f., and g. to 9 VAC
5-40-311C.3.a., through e. respectively.
EPA views the revisions to 9 VAC 5-40-240, 9 VAC 5-40-250, and 9
VAC 5-
[[Page 10671]]
40-311B., as administrative changes. EPA also views the renumbering of
9 VAC 5-40-311C.3.b., d., e., f., and g. to 9 VAC 5-40-311C.3.a.,
through e. as an administrative re-codification. EPA considers these
revisions non-substantive, as they do not affect the scope of the
currently approved Virginia SIP, and consequently, cannot interfere
with timely attainment or progress toward attainment of a national
ambient air quality standard (NAAQS), nor interfere with any other
provision of the Clean Air Act (CAA).
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 CAA is likewise unaffected by
this, or any, state audit privilege or immunity law.
IV. Final Action
EPA is approving the Commonwealth of Virginia SIP revision to make
the administrative changes to 9 VAC 5-40-240, 9 VAC 5-40-250, and 9 VAC
5-40-311, which was submitted on September 28, 2006. EPA is publishing
this rule without prior proposal because the Agency views this as a
noncontroversial amendment and anticipates no adverse comment. 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 April 28, 2008 without further notice unless EPA
receives adverse comment by March 31, 2008. 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 the 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
[[Page 10672]]
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 April 28, 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 pertaining to amendments to the Commonwealth of Virginia
regulations governing source-specific NOX RACT 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.
Dated: February 12, 2008.
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, Sections 5-40-240, 5-40-250, and 5-40-311
to read as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State
State citation (9 VAC 5) Title/subject effective EPA approval date Explanation [former
date SIP citation]
----------------------------------------------------------------------------------------------------------------
* * * * * * *
============================
Chapter 40 Existing Stationary Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
============================
Part II Emission Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
============================
Article 4 General Process Operations (Rule 4-4)
----------------------------------------------------------------------------------------------------------------
5-40-240................... Applicability and 1/1/02 02/28/08 [Insert page
designation of number where the
affected facility. document begins].
5-40-250................... Definitions........... 1/1/02 02/28/08 [Insert page
number where the
document begins].
* * * * * * *
5-40-311................... Reasonably available 1/1/02 02/28/08 [Insert page Removal of definitions
control technology number where the ``Combustion unit,''
guidelines for document begins]. ``Fuel burning
stationary sources of equipment
nitrogen oxides. installation'' and
``Total capacity'' in
9 VAC 5-40-311B.3.
Exception: 311D.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 10673]]
* * * * *
[FR Doc. E8-3388 Filed 2-27-08; 8:45 am]
BILLING CODE 6560-50-P