Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revision to Clean Air Interstate Rule Sulfur Dioxide Trading Program, 11738-11740 [2010-5105]

Download as PDF 11738 Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2009–0599; FRL–9125–2] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revision to Clean Air Interstate Rule Sulfur Dioxide Trading Program AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. jlentini on DSKJ8SOYB1PROD with RULES SUMMARY: EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. The revision pertains to the timing for the first phase of the sulfur dioxide (SO2) trading budget under the Commonwealth’s approved regulations that implement the requirements of the Clean Air Interstate Rule (CAIR). EPA is approving this revision to change the start date of Virginia’s CAIR SO2 trading budget from the control period in 2009 to the control period in 2010 in accordance with the requirements of the Clean Air Act (CAA). DATES: Effective Date: This final rule is effective on April 12, 2010. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR—2009–0599. All documents in the docket are listed in the https://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 https://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: Marilyn Powers, (215) 814–2308, or by e-mail at powers.marilyn@epa.gov. SUPPLEMENTARY INFORMATION: I. Background Throughout this document, whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. On January 14, 2009, the Commonwealth of Virginia submitted a VerDate Nov<24>2008 16:01 Mar 11, 2010 Jkt 220001 formal revision to its SIP. The SIP revision consists of a change in timing for the first phase of the Commonwealth’s approved CAIR SO2 trading budget. The start for the first phase of the SO2 trading budget is changed from the control period in 2009 to the control period in 2010. On October 22, 2009 (74 FR 54485), EPA published a Direct Final Rule (DFRN) to approve the January 14, 2009 SIP revision submitted by the Commonwealth of Virginia. On October 26, 2009, EPA received a comment, and on November 23, 2009 (74 FR 61037), EPA withdrew the DFRN and noted that the comment would be addressed in a final action based on the Notice of Proposed Rulemaking (NPR) published on October 22, 2009 (74 FR 54534). The comment period closed on November 23, 2009. No additional comments were received. Comment: An anonymous commenter submitted the comment: ‘‘I am not sure about this rule.’’ Response: The comment, while vaguely expressing a general uncertainty about the rule, does not identify any particular defect in the rule substance or adoption. Importantly, the comment does not oppose EPA’s proposed full approval of the rule. EPA therefore believes that no additional response is necessary. II. Summary of SIP Revision Virginia regulation 9 VAC 5–140– 3400 originally required that the Commonwealth’s CAIR SO2 budget applied starting with the control period in 2009. However, the EPAadministered CAIR SO2 trading programs under States’ CAIR SIPs and under the CAIR FIP start on January 1, 2010, and the associated CAIR SO2 trading budgets apply starting with the 2010 control period. To make the Virginia CAIR SO2 trading program requirements consistent with the regional trading program requirements, Virginia revised regulation 9 VAC–5– 140–3400 to change this date from 2009 to 2010. In the SIP revision, Virginia explains that this change corrects a technical error in its approved CAIR SIP. The SIP revision also includes a clarifying revision to the description of the State’s SO2 budget. 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 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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 Section 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 E:\FR\FM\12MRR1.SGM 12MRR1 Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Rules and Regulations 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 SIP revision submitted by the Commonwealth of Virginia on January 14, 2009. The SIP revision incorporates a timing change to the Commonwealth’s CAIR SO2 trading program that make it consistent with the regional CAIR SO2 trading program, under which SO2 trading budgets apply starting in 2010, as well as a clarifying revision to the description of the State’s SO2 budget. V. Statutory and Executive Order Reviews A. General Requirements jlentini on DSKJ8SOYB1PROD with RULES 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: VerDate Nov<24>2008 16:01 Mar 11, 2010 Jkt 220001 • 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 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 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 11739 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 May 11, 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. This action to approve a revision to Virginia’s CAIR SO2 Trading Program 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, Sulfur oxides. Dated: February 18, 2010. W.C. Early, Acting Regional Administrator, EPA 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 2. In § 52.2420, the table in paragraph (c) is amended by adding a heading to the table, revising the heading for 9 VAC 5, Chapter 140, and the entry 5–140– 3400 to read as follows: ■ § 52.2420 * Identification of plan. * * (c) * * * E:\FR\FM\12MRR1.SGM 12MRR1 * * 11740 Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Rules and Regulations EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES State citation * * * * * * * Regulations for Emissions Trading Programs * * * * * * * * * State trading budgets ............ * * * * * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2009–0127; FRL–8814–5] S-Abscisic Acid, (S)-5-(1-hydroxy-2,6,6trimethyl-4-oxo-1-cyclohex-2-enyl)-3methyl-penta-(2Z,4E)-dienoic Acid; Amendment to an Exemption from the Requirement of a Tolerance AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: This regulation amends the current temporary exemption from the requirement of a tolerance for residues of the biochemical pesticide S-Abscisic Acid, (S)-5-(1-hydroxy-2,6,6-trimethyl4-oxo-1-cyclohex-2-enyl)-3-methylpenta-(2Z,4E)-dienoic Acid (ABA), to make it a permanent exemption from the requirement of a tolerance for residues of ABA in or on all food commodities when applied or used preharvest as a plant regulator. Valent Biosciences Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting that the Agency amend the existing temporary exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of S-Abscisic Acid. DATES: This regulation is effective March 12, 2010. Objections and requests for hearings must be received on or 16:01 Mar 11, 2010 Jkt 220001 03/12/10 [Insert page number where the document begins]. * * EPA has established a docket for this action under docket identification (ID) number EPA–HQ– OPP–2009–0127. All documents in the docket are listed in the docket index available at https://www.regulations.gov. Although listed in the index, some information is not publicly available, e.g., 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 in the electronic docket at https://www.regulations.gov, or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S– 4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305– 5805. ADDRESSES: 40 CFR Part 180 VerDate Nov<24>2008 12/12/07 before May 11, 2010, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). [FR Doc. 2010–5105 Filed 3–11–10; 8:45 am] jlentini on DSKJ8SOYB1PROD with RULES * * * 5–140–3400 ............................ * * SO2 Annual Trading Program * * Explanation [former SIP citation] EPA approval date * 29 VAC 5, Chapter 140 Part IV State effective date Title/subject FOR FURTHER INFORMATION CONTACT: Chris Pfeifer, Biopesticides and Pollution Prevention Division (7511P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 308–0031; e-mail address: pfeifer.chris@epa.gov. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 1. In section title, replace ‘‘State’’ with ‘‘CAIR SO2 Annual’’. 2. In paragraph 1, replace 2009 with 2010. * * I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. How Can I Get Electronic Access to Other Related Information? You may access a frequently updated electronic version of 40 CFR part 180 through the Government Printing Office’s e-CFR site at https:// www.gpoaccess.gov/ecfr. C. Can I File an Objection or Hearing Request? Under section 408(g) of FFDCA, 21 U.S.C. 346a(g), any person may file an objection to any aspect of this regulation E:\FR\FM\12MRR1.SGM 12MRR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 75, Number 48 (Friday, March 12, 2010)]
[Rules and Regulations]
[Pages 11738-11740]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5105]

[[Page 11738]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0599; FRL-9125-2]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Revision to Clean Air Interstate Rule Sulfur Dioxide Trading
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Virginia. The revision pertains to the
timing for the first phase of the sulfur dioxide (SO2)
trading budget under the Commonwealth's approved regulations that
implement the requirements of the Clean Air Interstate Rule (CAIR). EPA
is approving this revision to change the start date of Virginia's CAIR
SO2 trading budget from the control period in 2009 to the
control period in 2010 in accordance with the requirements of the Clean
Air Act (CAA).

DATES: Effective Date: This final rule is effective on April 12, 2010.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR--2009-0599. All documents in the docket are listed
in the https://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 https://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: Marilyn Powers, (215) 814-2308, or by
e-mail at powers.marilyn@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA.
On January 14, 2009, the Commonwealth of Virginia submitted a
formal revision to its SIP. The SIP revision consists of a change in
timing for the first phase of the Commonwealth's approved CAIR
SO2 trading budget. The start for the first phase of the
SO2 trading budget is changed from the control period in
2009 to the control period in 2010.
On October 22, 2009 (74 FR 54485), EPA published a Direct Final
Rule (DFRN) to approve the January 14, 2009 SIP revision submitted by
the Commonwealth of Virginia. On October 26, 2009, EPA received a
comment, and on November 23, 2009 (74 FR 61037), EPA withdrew the DFRN
and noted that the comment would be addressed in a final action based
on the Notice of Proposed Rulemaking (NPR) published on October 22,
2009 (74 FR 54534). The comment period closed on November 23, 2009. No
additional comments were received.
Comment: An anonymous commenter submitted the comment: ``I am not
sure about this rule.''
Response: The comment, while vaguely expressing a general
uncertainty about the rule, does not identify any particular defect in
the rule substance or adoption. Importantly, the comment does not
oppose EPA's proposed full approval of the rule. EPA therefore believes
that no additional response is necessary.

II. Summary of SIP Revision

Virginia regulation 9 VAC 5-140-3400 originally required that the
Commonwealth's CAIR SO2 budget applied starting with the
control period in 2009. However, the EPA-administered CAIR
SO2 trading programs under States' CAIR SIPs and under the
CAIR FIP start on January 1, 2010, and the associated CAIR
SO2 trading budgets apply starting with the 2010 control
period. To make the Virginia CAIR SO2 trading program
requirements consistent with the regional trading program requirements,
Virginia revised regulation 9 VAC-5-140-3400 to change this date from
2009 to 2010. In the SIP revision, Virginia explains that this change
corrects a technical error in its approved CAIR SIP. The SIP revision
also includes a clarifying revision to the description of the State's
SO2 budget.

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 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 Section 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

[[Page 11739]]

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 SIP revision submitted by the Commonwealth of
Virginia on January 14, 2009. The SIP revision incorporates a timing
change to the Commonwealth's CAIR SO2 trading program that
make it consistent with the regional CAIR SO2 trading
program, under which SO2 trading budgets apply starting in
2010, as well as a clarifying revision to the description of the
State's SO2 budget.

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 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 May 11, 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.
This action to approve a revision to Virginia's CAIR SO2
Trading Program 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, Sulfur oxides.

Dated: February 18, 2010.
W.C. Early,
Acting Regional Administrator, EPA Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for 40 CFR part 52 continues to read as
follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart VV--Virginia

0
2. In Sec. 52.2420, the table in paragraph (c) is amended by adding a
heading to the table, revising the heading for 9 VAC 5, Chapter 140,
and the entry 5-140-3400 to read as follows:

Sec. 52.2420 Identification of plan.

* * * * *
(c) * * *

[[Page 11740]]

EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State Explanation [former
State citation Title/subject effective date EPA approval date SIP citation]
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
29 VAC 5, Chapter 140 Regulations for Emissions Trading Programs
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part IV SO2 Annual Trading Program

* * * * * * *
----------------------------------------------------------------------------------------------------------------
5-140-3400....................... State trading 12/12/07 03/12/10 [Insert 1. In section
budgets. page number where title, replace
the document ``State'' with
begins]. ``CAIR SO2
Annual''.
.............. 2. In paragraph 1,
replace 2009 with
2010.

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2010-5105 Filed 3-11-10; 8:45 am]
BILLING CODE 6560-50-P

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