Approval and Promulgation of State Implementation Plans: Washington; Vancouver Air Quality Maintenance Area; Second 10-Year Carbon Monoxide Maintenance Plan, 36484-36485 [E8-14519]
Download as PDF
36484
Federal Register / Vol. 73, No. 125 / Friday, June 27, 2008 / Proposed Rules
jlentini on PROD1PC65 with PROPOSALS
approval, since Virginia must ‘‘enforce
Federally authorized environmental
programs in a manner that is no less
stringent than their Federal counterparts
‘‘* * *.’’ The opinion concludes that
‘‘[r]egarding § 10.1–1198, therefore,
documents or other information needed
for civil or criminal enforcement under
one of these programs could not be
privileged because such documents and
information are essential to pursuing
enforcement in a manner required by
Federal law to maintain program
delegation, authorization or approval.’’
Virginia’s Immunity law, Va. Code
Sec. 10.1–1199, provides that ‘‘[t]o the
extent consistent with requirements
imposed by Federal law,’’ any person
making a voluntary disclosure of
information to a state agency regarding
a violation of an environmental statute,
regulation, permit, or administrative
order is granted immunity from
administrative or civil penalty. The
Attorney General’s January 12, 1998
opinion states that the quoted language
renders this statute inapplicable to
enforcement of any Federally authorized
programs, since ‘‘no immunity could be
afforded from administrative, civil, or
criminal penalties because granting
such immunity would not be consistent
with Federal law, which is one of the
criteria for immunity.
Therefore, EPA has determined that
Virginia’s Privilege and Immunity
statutes will not preclude the
Commonwealth from enforcing its PSD
program consistent with the Federal
requirements. In any event, because
EPA has also determined that a state
audit privilege and immunity law can
affect only state enforcement and cannot
have any impact on Federal
enforcement authorities, EPA may at
any time invoke its authority under the
Clean Air Act, including, for example,
sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions
of the state plan, independently of any
state enforcement effort. In addition,
citizen enforcement under section 304
of the Clean Air Act is likewise
unaffected by this, or any, state audit
privilege or immunity law.
V. Proposed Action
EPA has determined that the
amendments to Virginia’s PSD permit
program at Articles 4 and 8, as
submitted on October 10, 2006 meet the
minimum requirements of 40 CFR
51.166 and the Clean Air Act. This
amendment is being proposed as a
limited approval to the Virginia SIP.
EPA is soliciting public comments on
the issues discussed in this document.
These comments will be considered
before taking final action.
VerDate Aug<31>2005
18:45 Jun 26, 2008
Jkt 214001
VI. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed rule for
limited approval of the Virginia Major
New Source review Reform for facilities
located or locating in PSD areas does
not have tribal implications as specified
by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 17, 2008.
William T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. E8–14617 Filed 6–26–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2007–0998; FRL–8684–2]
Approval and Promulgation of State
Implementation Plans: Washington;
Vancouver Air Quality Maintenance
Area; Second 10-Year Carbon
Monoxide Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
a State Implementation Plan (SIP)
revision submitted by the State of
Washington. The Washington State
Department of Ecology submitted the
Vancouver Air Quality Maintenance
Area Second 10-year Carbon Monoxide
Maintenance Plan on April 25, 2007. In
accordance with the requirements of the
Federal Clean Air Act (the Act), EPA is
proposing to approve Washington’s
revision because the State adequately
demonstrates that the Vancouver Air
Quality Maintenance Area will maintain
air quality standards for carbon
monoxide (CO) through the year 2016.
DATES: Comments must be received on
or before July 28, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2007–0998, by any of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: vaupel.claudia@epa.gov.
• Mail: Claudia Vergnani Vaupel,
U.S. EPA Region 10, Office of Air, Waste
and Toxics (AWT–107), 1200 Sixth
Avenue, Suite 900, Seattle, WA 98101.
E:\FR\FM\27JNP1.SGM
27JNP1
Federal Register / Vol. 73, No. 125 / Friday, June 27, 2008 / Proposed Rules
• Hand Delivery/Courier: U.S. EPA
Region 10, 1200 Sixth Avenue, Suite
900, Seattle, WA 98101. Attention:
Claudia Vergnani Vaupel, Office of Air,
Waste and Toxics, AWT–107. Such
deliveries are only accepted during
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Please see the direct final rule which
is located in the Rules section of this
Federal Register for detailed
instructions on how to submit
comments.
FOR FURTHER INFORMATION CONTACT:
Claudia Vergnani Vaupel at telephone
number: (206) 553–6121, e-mail address:
vaupel.claudia@epa.gov, fax number:
(206) 553–0110, or Gina Bonifacino at
telephone number: (206) 553–2970, email address: bonifacino.gina@epa.gov,
or the above EPA, Region 10 address.
For
further information, please see the
direct final action, of the same title,
which is located in the Rules section of
this Federal Register. EPA is approving
the State’s SIP revision as a direct final
rule without prior proposal because
EPA views this as a noncontroversial
SIP revision and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the preamble to
the direct final rule. If EPA receives no
adverse comments, EPA will not take
further action on this proposed rule.
If EPA receives adverse comments,
EPA will withdraw the direct final rule
and it will not take effect. EPA will
address all public comments in a
subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period on this action.
Any parties interested in commenting
on this action should do so at this time.
Please note that if we receive 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.
jlentini on PROD1PC65 with PROPOSALS
SUPPLEMENTARY INFORMATION:
Dated: June 10, 2008.
Michelle Pirzadeh,
Acting Regional Administrator, EPA Region
10.
[FR Doc. E8–14519 Filed 6–26–08; 8:45 am]
BILLING CODE 6560–50–P
VerDate Aug<31>2005
18:45 Jun 26, 2008
Jkt 214001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2006–0040; FRL–8685–9]
Approval, Disapproval, and
Promulgation of Air Quality
Implementation Plans; Montana; Kraft
Pulp Mill Rule
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to partially
approve and partially disapprove the
Kraft Pulp Mill Rule and Visible Air
Contaminants Rule that the Governor of
Montana submitted to us on April 14,
1999. EPA is also proposing to partially
approve the recodification of the Kraft
Pulp Mill Rule that the Governor
submitted to us on September 19, 1997.
These revisions recodify and make
changes to the State’s Kraft Pulp Mill
Rule, including the establishment of
certain new opacity requirements for
kraft pulp mills, and modify the Visible
Air Contaminant Rule requirements for
recovery furnaces at kraft pulp mills.
The intended effect of this action is to
approve and make federally enforceable
those portions of the rules that meet
Clean Air Act requirements, and to
disapprove those portions of the rules
that are inconsistent with the Clean Air
Act. The EPA is taking this action under
section 110 of the Clean Air Act (Act).
DATES: Comments must be received on
or before July 28, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2006–0040, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• E-mail: videtich.callie@epa.gov and
russ.tim@epa.gov.
• Fax: (303) 312–6064 (please alert
the individual listed in FOR FURTHER
INFORMATION CONTACT if you are faxing
comments).
• Mail: Callie A. Videtich, Director,
Air Program, Environmental Protection
Agency (EPA), Region 8, Mailcode
8P–AR, 1595 Wynkoop Street, Denver,
Colorado 80202–1129.
• Hand Delivery: Callie A. Videtich,
Director, Air Program, Environmental
Protection Agency (EPA), Region 8,
Mailcode 8P–AR, 1595 Wynkoop Street,
Denver, Colorado 80202–1129. Such
deliveries are only accepted Monday
through Friday, 8 a.m. to 4:30 p.m.,
excluding Federal holidays. Special
arrangements should be made for
deliveries of boxed information.
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
36485
Instructions: Direct your comments to
Docket ID No. EPA–R08–OAR–2006–
0040. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://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 https://
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. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
For additional instructions on
submitting comments, go to section I.
General Information of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. EPA requests that if at all
possible, you contact the individual
listed in the FOR FURTHER INFORMATION
E:\FR\FM\27JNP1.SGM
27JNP1
Agencies
[Federal Register Volume 73, Number 125 (Friday, June 27, 2008)]
[Proposed Rules]
[Pages 36484-36485]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14519]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2007-0998; FRL-8684-2]
Approval and Promulgation of State Implementation Plans:
Washington; Vancouver Air Quality Maintenance Area; Second 10-Year
Carbon Monoxide Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the State of Washington. The Washington State
Department of Ecology submitted the Vancouver Air Quality Maintenance
Area Second 10-year Carbon Monoxide Maintenance Plan on April 25, 2007.
In accordance with the requirements of the Federal Clean Air Act (the
Act), EPA is proposing to approve Washington's revision because the
State adequately demonstrates that the Vancouver Air Quality
Maintenance Area will maintain air quality standards for carbon
monoxide (CO) through the year 2016.
DATES: Comments must be received on or before July 28, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2007-0998, by any of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: vaupel.claudia@epa.gov.
Mail: Claudia Vergnani Vaupel, U.S. EPA Region 10, Office
of Air, Waste and Toxics (AWT-107), 1200 Sixth Avenue, Suite 900,
Seattle, WA 98101.
[[Page 36485]]
Hand Delivery/Courier: U.S. EPA Region 10, 1200 Sixth
Avenue, Suite 900, Seattle, WA 98101. Attention: Claudia Vergnani
Vaupel, Office of Air, Waste and Toxics, AWT-107. Such deliveries are
only accepted during normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.
FOR FURTHER INFORMATION CONTACT: Claudia Vergnani Vaupel at telephone
number: (206) 553-6121, e-mail address: vaupel.claudia@epa.gov, fax
number: (206) 553-0110, or Gina Bonifacino at telephone number: (206)
553-2970, e-mail address: bonifacino.gina@epa.gov, or the above EPA,
Region 10 address.
SUPPLEMENTARY INFORMATION: For further information, please see the
direct final action, of the same title, which is located in the Rules
section of this Federal Register. EPA is approving the State's SIP
revision as a direct final rule without prior proposal because EPA
views this as a noncontroversial SIP revision and anticipates no
adverse comments. A detailed rationale for the approval is set forth in
the preamble to the direct final rule. If EPA receives no adverse
comments, EPA will not take further action on this proposed rule.
If EPA receives adverse comments, EPA will withdraw the direct
final rule and it will not take effect. EPA will address all public
comments in a subsequent final rule based on this proposed rule. EPA
will not institute a second comment period on this action. Any parties
interested in commenting on this action should do so at this time.
Please note that if we receive 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.
Dated: June 10, 2008.
Michelle Pirzadeh,
Acting Regional Administrator, EPA Region 10.
[FR Doc. E8-14519 Filed 6-26-08; 8:45 am]
BILLING CODE 6560-50-P