Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revisions to the Definition of Volatile Organic Compound and Other Terms, 8493-8496 [2010-3509]
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Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Rules and Regulations
2. Revise § 165.814(a)(5) to read as
follows: § 165.814 Security Zones;
Captain of the Port Houston-Galveston
Zone.
(a) * * *
(5) Freeport, Texas. (i) The Dow Barge
Canal, containing all waters of the Dow
Barge Canal north of a line drawn
between 28°56.81′ N/095°18.33′ W and
28°56.63′ N/095°18.54′ W (NAD 1983).
(ii) The Brazos Harbor, containing all
waters west of a line drawn between
28°56.45′ N, 095°20.00′ W, and
28°56.15′ N, 095°20.00′ W (NAD 1983)
at its junction with the Old Brazos
River.
(iii) The Dow Chemical plant,
containing all waters of the Brazos Point
Turning Basin within 100′ of the north
shore and bounded on the east by the
longitude line drawn through 28°56.58′
N/095°18.64′ W and on the west by the
longitude line drawn through 28°56.64′
N/095°19.13′ W (NAD 1983).
(iv) The Seaway Teppco Facility,
containing all waters of the Brazos Port
Turning Basin bounded on the south by
the shore, the north by the Federal
Channel, on the east by the longitude
line running through 28°56.44′ N,
095°18.83′ W and 28°56.48′ N
095°18.83′ W and on the West by the
longitude line running through
28°56.12′ N, 095°19.27′ W and 28°56.11′
N, 095°19.34′ W (NAD 1983).
(v) The Conoco Phillips Facility
docks, containing all waters within 100′
of a line drawn from a point on shore
at Latitude 28°55.96′ N, Longitude
095°19.77′ W, extending west to a point
on shore at Latitude 28°56.19′ N,
Longitude 095°20.07′ W (NAD 1983).
*
*
*
*
*
■
Dated: January 7, 2010.
M.E. Woodring,
Captain, U.S. Coast Guard, Captain of the
Port Houston-Galveston.
[FR Doc. 2010–3814 Filed 2–24–10; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2009–0871; FRL–9116–1]
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Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Revisions to the Definition of Volatile
Organic Compound and Other Terms
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action to approve revisions to the
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Virginia State Implementation Plan
(SIP). The revisions amend the wording
of 22 definitions, including the
definition of Volatile Organic
Compound (VOC). EPA is approving
these revisions to Virginia’s definitions
in accordance with the requirements of
the Clean Air Act (CAA).
DATES: This rule is effective on April 26,
2010 without further notice, unless EPA
receives adverse written comment by
March 29, 2010. 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–2009–0871 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–2009–0871,
Harold A. Frankford, Air Protection
Division, Mailcode 3AP00, 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–2009–
0871. 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
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8493
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 Virginia Department of
Environmental Quality, 629 East Main
Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT:
Harold A. Frankford, (215) 814–2108, or
by e-mail at frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On October 6, 2009, the
Commonwealth of Virginia submitted a
formal revision to its State
Implementation Plan (SIP). The SIP
revision consists of amendments to 22
definitions listed in 9VAC5 Chapter 10
(General Definitions), Regulation 5–10–
20 (Terms defined). The amended terms
are:
Ambient air quality standard, Criteria
pollutant, Dispersion technique,
Emission limitation, Emission standard,
Excessive concentration, Federal Clean
Air Act, Federally enforceable, Good
engineering practice, Initial emission
test, Initial performance test, Public
hearing, Reference method, Regulations
for the Control and Abatement of Air
Pollution, Reid vapor pressure, Run,
Standard of performance, State
enforceable, These regulations, True
vapor pressure, Vapor pressure, and
Volatile organic compound.
II. Summary of SIP Revision
Virginia amended the definition of
‘‘Volatile organic compound’’ to add the
organic compound (1)1,1,1,2,2,3,4,5,5,5decafluoro-3-methoxy-4trifluoromethyl-pentane (HFE–7300) to
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the list of excluded compounds. The
exclusion of this compound is
consistent with the list of excluded
compounds found in EPA’s definition of
‘‘Volatile organic compounds (VOC)’’ at
40 CFR 51.100(s)(1).
Virginia amended the 21 additional
terms to be consistent with the format
of Commonwealth regulations as
prescribed by the Commonwealth’s
Registrar of Regulations. The
amendments are administrative in
nature and do not alter the meaning or
intent of these defined terms.
III. General Information Pertaining to
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
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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
CAA is likewise unaffected by this, or
any, state audit privilege or immunity
law.
IV. Final Action
EPA is approving the amendments to
Virginia Regulation 9VAC5–10–20
(Terms defined) as a revision to the
Virginia State Implementation Plan.
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
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filed. This rule will be effective on April
26, 2010 without further notice unless
EPA receives adverse comment by
March 29, 2010. 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.
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
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
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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. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
State
citation
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action 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 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 April 26, 2010.
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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action to
approve 22 amended terms in Virginia’s
General Definitions regulation as a
State
effective
date
Title/subject
9 VAC 5,
Chapter 10.
*
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*
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*
4/2/09
*
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Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: February 1, 2010.
William C. Early,
Acting Regional Administrator, Region III.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority for citation for part 52
continues to read as follows:
■
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 sixth
entry for 5–10–20 to read as follows:
■
§ 52.2420
*
Identification of plan.
*
*
(c) * * *
*
*
[Part I]
Terms Defined
*
List of Subjects in 40 CFR Part 52
Explanation [former SIP citation]
General Definitions
*
5–10–20 ........
EPA approval date
revision to the Virginia SIP may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
PO 00000
*
*
*
*
2/25/10 [Insert page num- Revised definitions of Ambient air quality standard,
ber where the docuCriteria pollutant, Dispersion technique, Emission
ment begins].
limitation, Emission standard, Excessive concentration, Federal Clean Air Act, Federally enforceable, Good engineering practice, Initial
emission test, Initial performance test, Public
hearing, Reference method, Regulations for the
Control and Abatement of Air Pollution, Reid
vapor pressure, Run, Standard of performance,
State enforceable, These regulations, True vapor
pressure, Vapor pressure, and Volatile organic
compound.
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8496
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Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Rules and Regulations
*
*
you telephone Genevieve Damico,
Environmental Engineer, at (312) 353–
4761 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Genevieve Damico, Environmental
Engineer, Air Permit Section, Air
Programs Branch (AR–18J), EPA Region
5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 353–4761,
damico.genevieve@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
*
[FR Doc. 2010–3509 Filed 2–24–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2004–OH–0004; FRL–
9107–4]
Approval and Promulgation of
Implementation Plans; Ohio New
Source Review Rules
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is approving revisions to
the prevention of significant
deterioration (PSD) and nonattainment
new source review (NSR) construction
permit programs to the Ohio State
Implementation Plan (SIP) based on the
State’s November 15, 2005, letter. The
Ohio Environmental Protection Agency
(OEPA) is seeking approval of its rules
to implement the NSR Reform
provisions that were not vacated by the
United States Court of Appeals for the
District of Columbia (DC Circuit) in New
York v. EPA. EPA proposed approval of
these rules on May 11, 2005 and
received adverse comments. In this
action, EPA responds to these comments
and announces EPA’s final rulemaking
action. This action affects major
stationary sources in Ohio that are
subject to or potentially subject to the
PSD and NSR construction permit
programs.
DATES: This final rule is effective on
March 29, 2010.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2004–OH–0004. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy at the Environmental Protection
Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding
Federal holidays. We recommend that
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(DC Cir. 2005). Although the court did
uphold most of EPA’s rules, it vacated
both the clean unit and the PCP
provisions. As a result of this court
ruling, OEPA submitted a letter to EPA
on November 15, 2005, amending its
request for approval of Ohio’s rule.
Specifically, Ohio withdrew its request
for approval of the clean units and PCP
portions of the Ohio rules.
I. What Is Being Addressed by This
Document?
II. What Sections of Ohio’s Rules Are We
Approving in Today’s Action?
III. How Has This Rulemaking Been Affected
by the June 24, 2005 DC Circuit Court of
Appeals?
IV. What Are EPA’s Responses to Adverse
Comments?
V. What Action Is EPA Taking Today?
VI. Statutory and Executive Order Review
Definitions Unchanged From Proposal
In accordance with the May 11, 2005
proposal, EPA is approving the
definitions for actual emissions, actuals
PAL, baseline actual emissions, baseline
concentration, best available control
technology, continuous emission
monitoring system, continuous
emissions rate monitoring system,
continuous parameter monitoring
system, emission unit, lowest
achievable emission rate, major source
baseline date, major stationary source,
minor source baseline, new source
review project, nonattainment or
nonattaiment area, nonattainment new
source review permit, PAL allowable
emissions, PAL effective date, PAL
effective period, PAL major emissions
unit, PAL major modification, PAL
permit, PAL pollutant, PAL significant
emissions unit, PAL small emissions
unit, particulate matter, particulate
matter emissions, plantwide
applicability limit, PM10, PM10
emissions, total suspended particulate,
pollution prevention, predictive
emissions monitoring system,
prevention of significant deterioration
increment, prevention of significant
deterioration permit, projected actual
emission, regulated NSR pollutant,
replacement unit, representative actual
annual emissions, significant emissions
increase, and stationary source in OAC
3745–31–01(C), (D), (O), (Q), (S), (EE),
(FF), (GG), (MM), (FFF), (JJJ), (KKK),
(NNN), (UUU), (VVV), (WWW), (CCCC),
(DDDD), (EEEE), (FFFF), (GGGG),
(HHHH), (IIII), (JJJJ), (KKKK), (LLLL),
(MMMM), (OOOO), (PPPP), (QQQQ),
(UUUUU), (SSSS), (VVVV), (WWWW),
(XXXX), (ZZZZ), (DDDDD), (EEEEE),
(KKKKK), (LLLLL), and (PPPPP)
respectively. EPA is also approving the
definitions in OAC 3745–31–01, the
non-40 CFR 51.166 and 51.165
definitions in OAC 3745–31–01 (E), (J),
(M), (X), (JJ), (QQ), (DDD), (EEE), (XXX),
(HHHHH), and (XXXXX) and the minor
revisions to the definitions for ‘‘available
information’’, ‘‘baseline area’’, ‘‘baseline
concentration’’, ‘‘best available
I. What Is Being Addressed by This
Document?
We are partially approving revisions
to the PSD and nonattainment NSR
construction permit programs of the
State of Ohio. EPA fully approved
Ohio’s nonattainment NSR program on
January 10, 2003 (68 FR 1366). EPA
fully approved Ohio’s PSD program on
January 22, 2003 (68 FR 2909).
On December 31, 2002, EPA
published revisions to the Federal PSD
and NSR regulations in 40 CFR Parts 51
and 52 (67 FR 80186). These revisions
are commonly referred to as ‘‘NSR
Reform’’ regulations and became
effective on March 3, 2003. These
regulatory revisions include provisions
for baseline emissions determinations,
actual-to-future actual methodology,
plantwide applicability limits (PALs),
clean units, and pollution control
projects (PCPs). As stated in the
December 31, 2002, EPA rulemaking,
State and local permitting agencies must
adopt and submit revisions to their part
51 permitting programs implementing
the minimum program elements of that
rulemaking no later than January 2,
2006 (67 FR 80240). OEPA submitted
these regulatory revisions for parallel
processing on September 14, 2004,
which was prior to final adoption of the
State rules. Ohio adopted the final rules
on October 28, 2004. EPA proposed
conditional approval of these rules on
May 11, 2005 (70 FR 24734). On June
24, 2005, the United States Court of
Appeals for the District of Columbia
Circuit issued its ruling on challenges to
the December 2002 NSR reform
revisions. New York v. EPA, 413 F.3d 3
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II. What Sections of Ohio’s Rules Are
We Approving in Today’s Action?
Ohio Administrative Code (OAC) 3745–
31–01 Definitions
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]]>Agencies
[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Rules and Regulations]
[Pages 8493-8496]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3509]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2009-0871; FRL-9116-1]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Revisions to the Definition of Volatile Organic Compound and
Other Terms
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
Virginia State Implementation Plan (SIP). The revisions amend the
wording of 22 definitions, including the definition of Volatile Organic
Compound (VOC). EPA is approving these revisions to Virginia's
definitions in accordance with the requirements of the Clean Air Act
(CAA).
DATES: This rule is effective on April 26, 2010 without further notice,
unless EPA receives adverse written comment by March 29, 2010. 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-2009-0871 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-2009-0871, Harold A. Frankford, Air Protection
Division, Mailcode 3AP00, 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-
2009-0871. 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 the Virginia Department of Environmental Quality, 629
East Main Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, (215) 814-2108,
or by e-mail at frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On October 6, 2009, the Commonwealth of Virginia
submitted a formal revision to its State Implementation Plan (SIP). The
SIP revision consists of amendments to 22 definitions listed in 9VAC5
Chapter 10 (General Definitions), Regulation 5-10-20 (Terms defined).
The amended terms are:
Ambient air quality standard, Criteria pollutant, Dispersion
technique, Emission limitation, Emission standard, Excessive
concentration, Federal Clean Air Act, Federally enforceable, Good
engineering practice, Initial emission test, Initial performance test,
Public hearing, Reference method, Regulations for the Control and
Abatement of Air Pollution, Reid vapor pressure, Run, Standard of
performance, State enforceable, These regulations, True vapor pressure,
Vapor pressure, and Volatile organic compound.
II. Summary of SIP Revision
Virginia amended the definition of ``Volatile organic compound'' to
add the organic compound (1)1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-
trifluoromethyl-pentane (HFE-7300) to
[[Page 8494]]
the list of excluded compounds. The exclusion of this compound is
consistent with the list of excluded compounds found in EPA's
definition of ``Volatile organic compounds (VOC)'' at 40 CFR
51.100(s)(1).
Virginia amended the 21 additional terms to be consistent with the
format of Commonwealth regulations as prescribed by the Commonwealth's
Registrar of Regulations. The amendments are administrative in nature
and do not alter the meaning or intent of these defined terms.
III. General Information Pertaining to 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 amendments to Virginia Regulation 9VAC5-10-20
(Terms defined) as a revision to the Virginia State Implementation
Plan. 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 26, 2010 without further notice
unless EPA receives adverse comment by March 29, 2010. 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.
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 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
[[Page 8495]]
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. EPA will submit a report containing this action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action 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 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 April 26, 2010. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action to approve 22 amended terms in
Virginia's General Definitions regulation as a revision to the Virginia
SIP 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: February 1, 2010.
William C. Early,
Acting Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority for citation for 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 sixth entry for 5-10-20 to read as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation [former SIP citation]
date
--------------------------------------------------------------------------------------------------------------------------------------------------------
9 VAC 5, Chapter 10.................... General Definitions
[Part I]
* * * * * * *
5-10-20................................ Terms Defined 4/2/09 2/25/10 [Insert page Revised definitions of Ambient air
number where the document quality standard, Criteria pollutant,
begins]. Dispersion technique, Emission
limitation, Emission standard,
Excessive concentration, Federal Clean
Air Act, Federally enforceable, Good
engineering practice, Initial emission
test, Initial performance test, Public
hearing, Reference method, Regulations
for the Control and Abatement of Air
Pollution, Reid vapor pressure, Run,
Standard of performance, State
enforceable, These regulations, True
vapor pressure, Vapor pressure, and
Volatile organic compound.
* * * * * * *
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[[Page 8496]]
* * * * *
[FR Doc. 2010-3509 Filed 2-24-10; 8:45 am]
BILLING CODE 6560-50-P
