Approval and Promulgation of Air Quality Implementation Plans; Virginia, Reasonably Available Control Technology (RACT) for Norfolk Southern Corporation, 53132-53134 [E8-21309]
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53132
Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter, Reporting
and recordkeeping requirements.
Dated: August 29, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
■
Subpart V—Maryland
2. In (52.1070, the table in paragraph
(c) is amended by revising the entries
for COMAR 10.18.08.01 and 10.18.08.05
to read as follows:
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
§ 52.1070
*
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE MARYLAND SIP
Code of Maryland
administrative regulations
(COMAR) citation
*
State effective
date
Title/subject
*
*
*
COMAR 10.18.08/26.11.08
10.18.08/26.11.08.05 ..............
*
*
Definitions ..............................
*
*
*
9/15/08 [Insert page number
where the document begins].
*
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2008–0333; FRL–8714–4]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia,
Reasonably Available Control
Technology (RACT) for Norfolk
Southern Corporation
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Virginia removing a nitrogen oxide
(NOX) reasonably available control
technology (RACT) permit from the
Virginia SIP for sources located at the
Norfolk Southern Railway Company—
East End Shops’ facility located in
Roanoke, Virginia, which have
permanently shut down. This action is
being taken under the Clean Air Act
(CAA).
DATES: Effective Date: This final rule is
effective on October 15, 2008.
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I. Background
On May 27, 2008 (73 FR 30340), EPA
published a notice of proposed
rulemaking (NPR) for the
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*
*
EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2008–0333. 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:
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ADDRESSES:
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9/12/05
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Particulate Matter ...................
[FR Doc. E8–21310 Filed 9–12–08; 8:45 am]
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Control of Incinerators
10.18.08/26.11.08.01 ..............
*
Additional explanation/
citation at 40 CFR § 52.1100
EPA approval date
*
Sections .05A(3) and
.05B(2)(a) are revised.
*
*
Commonwealth of Virginia. The NPR
proposed approval of the removal of a
NOX RACT permit from the Virginia SIP
for sources located at the Norfolk
Southern Railway Company—East End
Shops’ facility, in Roanoke, Virginia
which have permanently shut down.
The formal SIP revision was submitted
by the Virginia Department of
Environmental Quality (VADEQ) on
February 11, 2008.
II. Summary of SIP Revision
On February 11, 2008, the
Commonwealth of Virginia submitted a
revision to its SIP which requested the
removal of NOX RACT permit No.
20468, issued to the Norfolk Southern
Railway Company—East End Shops’
facility in Roanoke, Virginia, from the
Virginia SIP. Since the time of EPA’s
approval of the NOX RACT
requirements for NOX RACT-subject
sources at this facility (70 FR 21621,
April 27, 2005), many sources,
including those that had previously
been subject to the NOX RACT
requirements of 9 VAC 5–40 via permit
No. 20468, were permanently shut
down. As a result, the VADEQ requested
that EPA remove NOX RACT permit No.
20468 from the Virginia SIP since it was
no longer applicable. The SIP revision
consisted of mutual shut down
agreements between the VADEQ and the
Norfolk Southern Railway Company—
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East End Shops’ facility located in
Roanoke, Virginia. The volatile organic
compound (VOC) and NOX RACT
control regulations of Chapter 40 had
originally become applicable in the
Roanoke area because of its
participation in the EPA Early Action
Compact (EAC) program for the Western
Virginia Emissions Control Area.
The sources previously subject to the
NOX RACT requirements of permit No.
20468 which have permanently shut
down include the following units: Unit
ID #8–01, B & W Stirling coal-fired
spreader stoker boiler; Unit ID #8–02, B
& W Stirling coal-fired spreader stoker
boiler; Unit ID #8–03, B & W Stirling
coal-fired spreader stoker boiler; Unit ID
#8–04, Zurn Energy coal-fired spreader
stoker boiler; Unit ID #43–03, 15 openfront oil-fired metal heating furnaces;
and Unit ID #51–13/14, one 13-ton
capacity electric arc furnace.
Other specific requirements of the
removal of the NOX RACT permit for
Norfolk Southern Railway Company—
East End Shops’ facility, and the
rationale for EPA’s 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 Virgina
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
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17:00 Sep 12, 2008
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a clear, imminent and substantial
danger to the public health or
environment; or (4) that are required by
law.
On January 12, 1998, the
Commonwealth of Virginia Office of the
Attorney General provided a legal
opinion that states that the Privilege
law, Va. Code Sec. 10.1–1198, precludes
granting a privilege to documents and
information ‘‘required by law,’’
including documents and information
‘‘required by Federal law to maintain
program delegation, authorization or
approval,’’ since Virginia must (enforce
Federally authorized environmental
programs in a manner that is no less
stringent than their Federal
counterparts. * * *’’ The opinion
concludes that ‘‘[r]egarding ( 10.1–1198,
therefore, documents or other
information needed for civil or criminal
enforcement under one of these
programs could not be privileged
because such documents and
information are essential to pursuing
enforcement in a manner required by
Federal law to maintain program
delegation, authorization or approval.’’
Virginia’s Immunity law, Va. Code
Sec. 10.1–1199, provides that ‘‘[t]o the
extent consistent with requirements
imposed by Federal law,’’ any person
making a voluntary disclosure of
information to a state agency regarding
a violation of an environmental statute,
regulation, permit, or administrative
order is granted immunity from
administrative or civil penalty. The
Attorney General’s January 12, 1998
opinion states that the quoted language
renders this statute inapplicable to
enforcement of any Federally authorized
programs, since ‘‘no immunity could be
afforded from administrative, civil, or
criminal penalties because granting
such immunity would not be consistent
with Federal law, which is one of the
criteria for immunity.’’ Therefore, EPA
has determined that Virginia’s Privilege
and Immunity statutes will not preclude
the Commonwealth from enforcing its
program consistent with the Federal
requirements. In any event, because
EPA has also determined that a state
audit privilege and immunity law can
affect only state enforcement and cannot
have any impact on Federal
enforcement authorities, EPA may at
any time invoke its authority under the
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.
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53133
IV. Final Action
EPA is approving the Commonwealth
of Virginia’s SIP revision, submitted on
February 11, 2008, requesting the
removal of NOX RACT permit No.
20468, issued on December 22, 2004, to
the Norfolk Southern Railway
Company—East End Shops’ facility, in
Roanoke, Virginia from the Virginia SIP.
EPA is taking this final action because
the sources that were previously subject
to the NOX RACT requirements of this
permit, have permanently shut down.
EPA is approving this action with the
understanding that no future operation
of this equipment shall occur until the
owner has obtained the applicable
permits pursuant to 9 VAC 5 Chapter 80
of Virginia’s regulations. Upon EPA’s
approval of the Commonwealth’s
request, the VADEQ will notify the
Norfolk Southern Corporation of EPA’s
approval and the permit repeal will
become effective 30 days later.
V. Statutory and Executive Order
Reviews
A. General Requirements
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
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this 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
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Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations
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 rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
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.
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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. Section 804,
however, exempts from section 801 the
following types of rules: rules of
particular applicability; rules relating to
agency management or personnel; and
rules of agency organization, procedure,
or practice that do not substantially
affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because
this is a rule of particular applicability,
EPA is not required to submit a rule
report regarding this action under
section 801.
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 14,
2008. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action 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 the
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17:00 Sep 12, 2008
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removal of the Norfolk Southern
Railway Company—East End Shops’
NOX RACT permit, 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: August 29, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for 40 CFR
part 52 continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart VV—Virginia
§ 52.2420
[Amended]
2. In § 52.2420, the table in paragraph
(d) is amended by removing the entry
for Norfolk Southern Railway
Company—East End Shops.
■
[FR Doc. E8–21309 Filed 9–12–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2008–0593–200818a; FRL–
8714–7]
Approval and Promulgation of
Implementation Plans Alabama:
Volatile Organic Compounds and Open
Burning
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action to approve revisions to the
Alabama State Implementation Plan
(SIP), submitted by the Alabama
Department of Environmental
Management (ADEM) on January 8,
2008. The revisions include
modifications to Alabama’s Volatile
Organic Compounds (VOC) and Control
of Open Burning and Incineration
regulations, found at Alabama
Administrative Code (AAC) Chapters
335–3–1, and 335–3–3, respectively.
This action is being taken pursuant to
section 110 of the Clean Air Act (CAA).
This SIP revision also contains a letter
addressing the requirements of section
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110(a)(2)(D)(i), which EPA will consider
separately.
DATES: This direct final rule is effective
November 14, 2008 without further
notice, unless EPA receives adverse
comment by October 15, 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.
Submit your comments,
identified by Docket ID No. ‘‘EPA–R04–
OAR–2008–0593,’’ by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. E-mail: harder.stacy@epa.gov.
3. Fax: 404–562–9019.
4. Mail: ‘‘EPA–R04–OAR–2008–
0593,’’ Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Ms. Stacy
Harder, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal
holidays.
Instructions: Direct your comments to
Docket ID No. ‘‘EPA–R04–OAR–2008–
0593,’’ 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 through
www.regulations.gov or e-mail,
information that you consider to be CBI
or otherwise protected. 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
ADDRESSES:
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]]>Agencies
[Federal Register Volume 73, Number 179 (Monday, September 15, 2008)]
[Rules and Regulations]
[Pages 53132-53134]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21309]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2008-0333; FRL-8714-4]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia, Reasonably Available Control Technology (RACT) for Norfolk
Southern Corporation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Virginia removing a nitrogen oxide
(NOX) reasonably available control technology (RACT) permit
from the Virginia SIP for sources located at the Norfolk Southern
Railway Company--East End Shops' facility located in Roanoke, Virginia,
which have permanently shut down. This action is being taken under the
Clean Air Act (CAA).
DATES: Effective Date: This final rule is effective on October 15,
2008.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2008-0333. 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 May 27, 2008 (73 FR 30340), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Virginia. The NPR proposed
approval of the removal of a NOX RACT permit from the
Virginia SIP for sources located at the Norfolk Southern Railway
Company--East End Shops' facility, in Roanoke, Virginia which have
permanently shut down. The formal SIP revision was submitted by the
Virginia Department of Environmental Quality (VADEQ) on February 11,
2008.
II. Summary of SIP Revision
On February 11, 2008, the Commonwealth of Virginia submitted a
revision to its SIP which requested the removal of NOX RACT
permit No. 20468, issued to the Norfolk Southern Railway Company--East
End Shops' facility in Roanoke, Virginia, from the Virginia SIP. Since
the time of EPA's approval of the NOX RACT requirements for
NOX RACT-subject sources at this facility (70 FR 21621,
April 27, 2005), many sources, including those that had previously been
subject to the NOX RACT requirements of 9 VAC 5-40 via
permit No. 20468, were permanently shut down. As a result, the VADEQ
requested that EPA remove NOX RACT permit No. 20468 from the
Virginia SIP since it was no longer applicable. The SIP revision
consisted of mutual shut down agreements between the VADEQ and the
Norfolk Southern Railway Company--
[[Page 53133]]
East End Shops' facility located in Roanoke, Virginia. The volatile
organic compound (VOC) and NOX RACT control regulations of
Chapter 40 had originally become applicable in the Roanoke area because
of its participation in the EPA Early Action Compact (EAC) program for
the Western Virginia Emissions Control Area.
The sources previously subject to the NOX RACT
requirements of permit No. 20468 which have permanently shut down
include the following units: Unit ID 8-01, B & W Stirling
coal-fired spreader stoker boiler; Unit ID 8-02, B & W
Stirling coal-fired spreader stoker boiler; Unit ID 8-03, B &
W Stirling coal-fired spreader stoker boiler; Unit ID 8-04,
Zurn Energy coal-fired spreader stoker boiler; Unit ID 43-03,
15 open-front oil-fired metal heating furnaces; and Unit ID
51-13/14, one 13-ton capacity electric arc furnace.
Other specific requirements of the removal of the NOX
RACT permit for Norfolk Southern Railway Company--East End Shops'
facility, and the rationale for EPA's 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 Virgina
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 ( 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 the Commonwealth of Virginia's SIP revision,
submitted on February 11, 2008, requesting the removal of
NOX RACT permit No. 20468, issued on December 22, 2004, to
the Norfolk Southern Railway Company--East End Shops' facility, in
Roanoke, Virginia from the Virginia SIP. EPA is taking this final
action because the sources that were previously subject to the
NOX RACT requirements of this permit, have permanently shut
down. EPA is approving this action with the understanding that no
future operation of this equipment shall occur until the owner has
obtained the applicable permits pursuant to 9 VAC 5 Chapter 80 of
Virginia's regulations. Upon EPA's approval of the Commonwealth's
request, the VADEQ will notify the Norfolk Southern Corporation of
EPA's approval and the permit repeal will become effective 30 days
later.
V. Statutory and Executive Order Reviews
A. General Requirements
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 approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this 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
[[Page 53134]]
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 rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is 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.
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. Section 804, however, exempts from section 801 the
following types of rules: rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3).
Because this is a rule of particular applicability, EPA is not required
to submit a rule report regarding this action under section 801.
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 14, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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 the removal of the
Norfolk Southern Railway Company--East End Shops' NOX RACT
permit, 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: August 29, 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
Sec. 52.2420 [Amended]
0
2. In Sec. 52.2420, the table in paragraph (d) is amended by removing
the entry for Norfolk Southern Railway Company--East End Shops.
[FR Doc. E8-21309 Filed 9-12-08; 8:45 am]
BILLING CODE 6560-50-P
