Approval and Promulgation of Air Quality Implementation Plans; Virginia; Adoption of Control Techniques Guidelines for Control of Volatile Organic Compound Emissions, 72708-72714 [2016-25441]

Download as PDF 72708 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations Office. The Office will issue a deposit account statement at the end of each month. A remittance must be made promptly upon receipt of the statement to cover the value of items or services charged to the account and thus restore the account to its established normal deposit. An amount sufficient to cover all fees, copies, or services requested must always be on deposit. Charges to accounts with insufficient funds will not be accepted. A service charge (§ 2.6(b)(11)) will be assessed for each month that the balance at the end of the month is below $1,000. * * * * * PART 7—RULES OF PRACTICE IN FILINGS PURSUANT TO THE PROTOCOL RELATING TO THE MADRID AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF MARKS 5. The authority citation for 37 CFR Part 7 continues to read as follows: ■ 6. 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See § 2.207 of this chapter for acceptable forms of payment and § 2.208 of this chapter for payments using a deposit account established in the Office. Dated: October 17, 2016. Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 2016–25506 Filed 10–20–16; 8:45 am] BILLING CODE 3510–16–P PO 00000 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2016–0335; FRL–9954–29– Region 3] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Adoption of Control Techniques Guidelines for Control of Volatile Organic Compound Emissions Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving three state implementation plan (SIP) revisions submitted by the Commonwealth of Virginia (Virginia). These revisions include amendments to the Virginia Department of Environmental Quality’s (VADEQ) regulations and address the requirement to adopt reasonably available control technology (RACT) for sources covered by EPA’s Control Techniques Guidelines (CTG) standards for the following categories: Offset lithographic printing and letterpress printing, industrial solvent cleaning operations, miscellaneous industrial adhesives, and miscellaneous metal and plastic parts coatings. EPA is approving these revisions to the Virginia SIP in accordance with the requirements of the Clean Air Act (CAA). DATES: This final rule is effective on November 21, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2016–0335. 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, 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 through https:// www.regulations.gov, or please contact the person identified in the ‘‘For Further Information Contact’’ section for additional availability information. FOR FURTHER INFORMATION CONTACT: Leslie Jones Doherty, (215) 814–3409, or by email at jones.leslie@epa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background On August 23, 2016 (87 FR 57531), EPA published a notice of proposed Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\21OCR1.SGM 21OCR1 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations rulemaking (NPR) for the Commonwealth of Virginia. In the NPR, EPA proposed approval of three revisions to the Virginia SIP concerning the adoption of EPA CTGs for offset lithographic printing and letterpress printing, industrial solvent cleaning operations, miscellaneous industrial adhesives, and miscellaneous metal and plastic parts coatings sources in the specific portion of Virginia known as the Northern Virginia Volatile Organic Compound Emissions Control Area.1 The formal SIP revision was submitted by Virginia, through VADEQ, on February 1, 2016. The ozone transport region (OTR) was established under section 184(a) of the CAA to address interstate transport of ozone and includes the northern portion of Virginia that is part of the Metropolitan Statistical Area of the District Columbia, which Virginia refers to as the ‘‘Northern Virginia Volatile Organic Compound Emissions Control Area.’’ Pursuant to section 184(b)(1)(B) of the CAA, all areas in the OTR must implement RACT with respect to sources of volatile organic compounds (VOCs) in the state covered by CTGs. Thus, Virginia must implement RACT with respect to sources of VOCs covered by CTGs in the Northern Virginia Volatile Organic Compound Emissions Control Area. CAA section 184(b)(1)(B) and (2). States can follow the CTGs and adopt state regulations to implement the recommendations contained therein, or they can adopt alternative approaches. In either case, states must submit their RACT rules to EPA for review and approval as part of the SIP process. In 2006 and 2008, EPA published new CTGs entitled Control Techniques Guidelines for Offset Lithographic and Letterpress Printing (Publication No. EPA 453/R–06–002; September 2006); Control Techniques Guidelines for Industrial Cleaning Solvents (Publication No. EPA 453/R–06–001; September 2006); Control Techniques Guidelines for Miscellaneous Industrial Adhesives (Publication No. EPA 453/R– 08–005; September 2008); and Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings (Publication No. EPA 453/R– 08–003; September 2008). EPA developed new CTGs for these industries after reviewing existing state and local VOC emission reduction approaches, new source performance standards (NSPS), previously issued CTGs, and national emission standards 1 The northern portion of Virginia is defined as the Northern Virginia Volatile Organic Compound Emissions Control Area in 9VAC5–20–206 (General Provisions). VerDate Sep<11>2014 16:30 Oct 20, 2016 Jkt 241001 for hazardous air pollutants (NESHAP) for these source categories. II. Summary of SIP Revision On February 1, 2016, Virginia, through VADEQ, submitted amended and new regulations for inclusion in the Virginia SIP concerning the adoption of the EPA CTGs for offset lithographic printing and letterpress printing, industrial solvent cleaning operations, miscellaneous industrial adhesives, and miscellaneous metal and plastic parts coatings in the Northern Virginia Volatile Organic Compound Emissions Control Area. Virginia has adopted EPA’s CTG standards for these industries by amending regulation 9VAC5, chapter 40, Existing Stationary Sources, articles 34 and 53 and adding articles 56, 56.1, 57, 58, and 59 to 9VAC5, chapter 40. Additionally, Virginia has amended supporting definitions in 9VAC5, chapter 20, General Provisions, which relate to the new CTG standards. The Virginia regulations adopt the equivalent of the specific EPA CTG recommendations and address CAA requirements for RACT (for sources covered by CTGs) in sections 172 and 182 as referenced by section 184. Other specific requirements and the rationale for EPA’s proposed action are explained in the NPR and technical support document (TSD) and will not be restated here. No public comments were received on the NPR. III. Final Action EPA is approving VADEQ’s February 1, 2016 SIP submittal as a revision to the Virginia SIP. The SIP submittal being approved consists of amendments to regulation 9VAC5 chapter 40, Existing Stationary Sources, and 9VAC5 chapter 20, General Provisions, and addresses the requirement to adopt RACT for sources located in the Northern Virginia VOC Emissions Control Area covered by EPA’s CTG standards in accordance with CAA requirements in sections 172, 182 and 184 for the following categories: Offset lithographic printing and letterpress printing, industrial cleaning solvent operations, miscellaneous industrial adhesives, and miscellaneous metal and plastic parts coatings. IV. General Information Pertaining to SIP Submittals From the Commonwealth of Virginia In 1995, Virginia adopted legislation that provides, subject to certain conditions, for an environmental assessment (audit) ‘‘privilege’’ for voluntary compliance evaluations performed by a regulated entity. The legislation further addresses the relative burden of proof for parties either PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 72709 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 that: (1) Are generated or developed before the commencement of a voluntary environmental assessment; (2) are prepared independently of the assessment process; (3) demonstrate a clear, imminent and substantial danger to the public health or environment; or (4) 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 E:\FR\FM\21OCR1.SGM 21OCR1 72710 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations 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. asabaliauskas on DSK3SPTVN1PROD with RULES V. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the VADEQ regulations regarding control of VOC emissions from offset lithographic printing and letterpress printing, industrial solvent cleaning operations, miscellaneous industrial adhesives, and miscellaneous metal and plastic parts coatings in the Northern Virginia Volatile Organic Compound Emissions Control Area as well as related definitions as described in section II of this rulemaking action. Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA’s approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.2 EPA has made, and will continue to make, these materials generally available through https:// www.regulations.gov and/or at the EPA Region III Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). 2 62 FR 27968 (May 22, 1997). VerDate Sep<11>2014 16:30 Oct 20, 2016 Jkt 241001 VI. Statutory and Executive Order Reviews A. General Requirements Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA 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 CAA. 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • 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 (Public Law 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 CAA; 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). The SIP is not approved to apply on any Indian reservation land as defined in 18 U.S.C. 1151 or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 20, 2016. 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 approving RACT rules for sources in northern Virginia 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, Volatile organic compounds. Dated: September 29, 2016. Shawn M. Garvin, Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. E:\FR\FM\21OCR1.SGM 21OCR1 72711 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations Subpart VV—Virginia 2. In § 52.2420: a. In the table in paragraph (c): i. Revise the entries ‘‘5–40–4760’’ and ‘‘5–40–7800’’. ■ ii. Add the heading ‘‘Article 56, Emission Standards for Letterpress Printing Operations in the Northern Virginia Volatile Organic Compound Emissions Control Area, 8-hour Ozone Standard (Rule 4–56)’’ and the entries ‘‘5–40–8380’’; ‘‘5–40–8382’’; ‘‘5–40– 8384’’; ‘‘5–40–8386’’; ‘‘5–40–8388’’; ‘‘5– 40–8396’’; ‘‘5–40–8398’’; ‘‘5–40–8400’’; ‘‘5–40–8410’’; ‘‘5–40–8412’’; ‘‘5–40– 8414’’; and ‘‘5–40–8418’’; the heading ‘‘Article 56.1 Emission Standards for Offset Lithographic Printing Operations in the Northern Virginia Volatile Organic Compound Emissions Control Area, 8-hour Ozone Standard (Rule 4– 56.1)’’ and the entries ‘‘5–40–8420’’; ‘‘5– ■ ■ ■ 40–8422’’; ‘‘5–40–8424’’; ‘‘5–40–8426’’; ‘‘5–40–8428’’; ‘‘5–40–8434’’; ‘‘5–40– 8436’’; ‘‘5–40–8438’’; ‘‘5–40–8440’’; ‘‘5– 40–8450’’; ‘‘5–40–8460’’; the heading ‘‘Article 57 Emission Standards for Industrial Solvent Cleaning Operations in the Northern Virginia Volatile Organic Compound Emissions Control Area, 8-hour Ozone Standard (Rule 4– 57)’’ and the entries ‘‘5–40–8510’’; ‘‘5– 40–8520’’; ‘‘5–40–8530’’; ‘‘5–40–8540’’; ‘‘5–40–8550’’; ‘‘5–40–8580’’; ‘‘5–40– 8590’’; ‘‘5–40–8600’’; ‘‘5–40–8610’’; ‘‘5– 40–8620’’; ‘‘5–40–8630’’; ‘‘5–40–8650’’; the heading ‘‘Article 58 Emission Standards for Miscellaneous Industrial Adhesive Application Processes in the Northern Virginia Volatile Organic Compound Emissions Control Area, 8hour Ozone Standard (Rule 4–58)’’ and the entries ‘‘5–40–8660’’; ‘‘5–40–8670’’; ‘‘5–40–8680’’; ‘‘5–40–8690’’; ‘‘5–40– 8700’’; ‘‘5–40–8730’’; ‘‘5–40–8740’’; ‘‘5– 40–8750’’; ‘‘5–40–8760’’; ‘‘5–40–8770’’; ‘‘5–40–8780’’; ‘‘5–40–8800’’; the heading ‘‘Article 59 Emission Standards for Miscellaneous Metal Parts and Products Coating Application Systems in the Northern Virginia Volatile Organic Compound Emissions Control Area, 8-hour Ozone Standard (Rule 4– 58)’’ and the entries ‘‘5–40–8810’’; ‘‘5– 40–8820’’; ‘‘5–40–8830’’; ‘‘5–40–8840’’; ‘‘5–40–8850’’; ‘‘5–40–8880’’; ‘‘5–40– 8890’’; ‘‘5–40–8900’’; ‘‘5–40–8910’’; ‘‘5– 40–8920’’; ‘‘5–40–8930’’; and ‘‘5–40– 8950’’. ■ b. In the table in paragraph (e), add the entry ‘‘Documents incorporated by reference’’. The additions and revisions read as follows: § 52.2420 * Identification of plan. * * (c) * * * * * EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES State citation * State effective date * * EPA approval date * Title/subject * Explanation [former SIP citation] * * * * * * * * 9 VAC 5, Chapter 40 Existing Stationary Sources [Part IV] * * * * Part II Emission Standards * * * * Article 34 Emission Standards for Miscellaneous Metal Parts and Products Coating Application Systems (Rule 4–34) 5–40–4760 ................................... * Applicability and Designation of Affected Facility. * * 02/01/16 * 10/21/16, [Insert Federal Register citation]. * Amended to refer Northern VA VOC emission control area to Article 59. * * Article 53 Emission Standards for Lithographic Printing Processes (Rule 4–53) [Formerly Article 45] 5–40–7800 ................................... * Applicability and Designation of Affected Facility. * * 02/01/16 * 10/21/16, [Insert Federal Register citation]. * Amended to refer Northern VA VOC emission control area to Article 56.1. * * asabaliauskas on DSK3SPTVN1PROD with RULES Article 56, Emission Standards for Letterpress Printing Operations in the Northern Virginia Volatile Organic Compound Emissions Control Area, 8-hour Ozone Standard (Rule 4–56) 5–40–8380 ................................... 5–40–8382 ................................... 5–40–8384 ................................... 5–40–8386 ................................... VerDate Sep<11>2014 16:30 Oct 20, 2016 Applicability and Designation of Affected Facility. Definitions .................................... Standard for volatile organic compounds. Standard for visible emissions .... Jkt 241001 PO 00000 Frm 00027 Fmt 4700 02/01/16 02/01/16 02/01/16 02/01/16 Sfmt 4700 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. E:\FR\FM\21OCR1.SGM 21OCR1 Added. Added. Added. Added. 72712 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued State effective date State citation Title/subject 5–40–8388 ................................... 5–40–8396 ................................... Standard for fugitive/dust emissions. Compliance .................................. 02/01/16 5–40–8398 ................................... Compliance schedule .................. 02/01/16 5–40–8400 ................................... Test methods and procedures .... 02/01/16 5–40–8410 ................................... Monitoring .................................... 02/01/16 5–40–8412 ................................... 02/01/16 5–40–8414 ................................... Notification, records, and reporting. Registration .................................. 02/01/16 5–40–8418 ................................... Permits ......................................... 02/01/16 02/01/16 EPA approval date 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. Explanation [former SIP citation] Added. Added. Added. Added. Added. Added. Added. Added. Article 56.1 Emission Standards for Offset Lithographic Printing Operations in the Northern Virginia Volatile Organic Compound Emissions Control Area, 8-hour Ozone Standard (Rule 4–56.1) 5–40–8420 ................................... 5–40–8422 ................................... 5–40–8424 ................................... 5–40–8426 ................................... 5–40–8428 ................................... Applicability and Designation of Affected Facility. Definitions .................................... Standard for volatile organic compounds. Standard for visible emissions .... 02/01/16 02/01/16 02/01/16 02/01/16 5–40–8434 ................................... Standard for fugitive/dust emissions. Compliance .................................. 02/01/16 02/01/16 5–40–8436 ................................... Compliance schedule .................. 02/01/16 5–40–8438 ................................... Test methods and procedures .... 02/01/16 5–40–8440 ................................... Monitoring .................................... 02/01/16 5–40–8450 ................................... 02/01/16 5–40–8460 ................................... Notification, records, and reporting. Registration .................................. 02/01/16 5–40–8480 ................................... Permits ......................................... 02/01/16 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. Added. Added. Added. Added. Added. Added. Added. Added. Added. Added. Added. Added. Article 57 Emission Standards for Industrial Solvent Cleaning Operations in the Northern Virginia Volatile Organic Compound Emissions Control Area, 8-hour Ozone Standard (Rule 4–57) 5–40–8510 ................................... 5–40–8520 ................................... 5–40–8530 ................................... 5–40–8540 ................................... Standard for volatile organic compounds. Standard for visible emissions .... 02/01/16 02/01/16 02/01/16 02/01/16 5–40–8580 ................................... Standard for fugitive/dust emissions. Compliance .................................. 02/01/16 5–40–8590 ................................... asabaliauskas on DSK3SPTVN1PROD with RULES 5–40–8550 ................................... Applicability and Designation of Affected Facility. Definitions .................................... Compliance schedule .................. 02/01/16 5–40–8600 ................................... Test methods and procedures .... 02/01/16 5–40–8610 ................................... Monitoring .................................... 02/01/16 5–40–8620 ................................... Notification, records, and reporting. Registration .................................. 02/01/16 5–40–8630 ................................... VerDate Sep<11>2014 16:30 Oct 20, 2016 Jkt 241001 PO 00000 Frm 00028 Fmt 4700 02/01/16 02/01/16 Sfmt 4700 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. E:\FR\FM\21OCR1.SGM 21OCR1 Added. Added. Added. Added. Added. Added. Added. Added. Added. Added. Added. 72713 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued State effective date State citation Title/subject 5–40–8650 ................................... Permits ......................................... 02/01/16 Explanation [former SIP citation] EPA approval date 10/21/16, [Insert Federal Register citation]. Added. Article 58 Emission Standards for Miscellaneous Industrial Adhesive Application Processes in the Northern Virginia Volatile Organic Compound Emissions Control Area, 8-hour Ozone Standard (Rule 4–58) 5–40–8660 ................................... 5–40–8670 ................................... 5–40–8680 ................................... 5–40–8690 ................................... 5–40–8700 ................................... Applicability and Designation of Affected Facility. Definitions .................................... 02/01/16 02/01/16 Standard for volatile organic compounds. Standard for visible emissions .... 02/01/16 02/01/16 5–40–8730 ................................... Standard for fugitive/dust emissions. Compliance .................................. 02/01/16 02/01/16 5–40–8740 ................................... Compliance schedule .................. 02/01/16 5–40–8750 ................................... Test methods and procedures .... 02/01/16 5–40–8760 ................................... Monitoring .................................... 02/01/16 5–40–8770 ................................... 02/01/16 5–40–8780 ................................... Notification, records, and reporting. Registration .................................. 02/01/16 5–40–8800 ................................... Permits ......................................... 02/01/16 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. Added. Added. Added. Added. Added. Added. Added. Added. Added. Added. Added. Added. Article 59 Emission Standards for Miscellaneous Metal Parts and Products Coating Application Systems in the Northern Virginia Volatile Organic Compound Emissions Control Area, 8-hour Ozone Standard (Rule 4–58) 5–40–8810 ................................... 5–40–8820 ................................... 5–40–8830 ................................... 5–40–8840 ................................... 5–40–8850 ................................... Applicability and Designation of Affected Facility. Definitions .................................... 02/01/16 02/01/16 Standard for volatile organic compounds. Standard for visible emissions .... 02/01/16 02/01/16 5–40–8880 ................................... Standard for fugitive/dust emissions. Compliance .................................. 02/01/16 5–40–8890 ................................... Compliance schedule .................. 02/01/16 5–40–8900 ................................... Test methods and procedures .... 02/01/16 5–40–8910 ................................... Monitoring .................................... 02/01/16 5–40–8920 ................................... 02/01/16 5–40–8930 ................................... Notification, records, and reporting. Registration .................................. 02/01/16 5–40–8950 ................................... Permits ......................................... 02/01/16 asabaliauskas on DSK3SPTVN1PROD with RULES * * * * * * * * * Applicable geographic area Documents incorporated by reference. Northern Virginia VOC emissions control area. 16:30 Oct 20, 2016 * * State submittal date EPA approval date Added. Added. Added. Added. Added. Added. Added. Added. Added. Added. Added. Added. * (e) * * * Name of nonregulatory SIP revision VerDate Sep<11>2014 02/01/16 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. 10/21/16, [Insert Federal Register citation]. Jkt 241001 PO 00000 Frm 00029 Fmt 4700 02/01/16 Sfmt 4700 10/21/16, [Insert Federal Register citation]. E:\FR\FM\21OCR1.SGM 21OCR1 Additional explanation Section 15 added 72714 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations [FR Doc. 2016–25441 Filed 10–20–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R10–OAR–2013–0004; FRL–9954–32– Region 10] Partial Approval and Partial Disapproval of Attainment Plan for Oakridge, Oregon PM2.5 Nonattainment Area Table of Contents Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: On December 12, 2012, the Oregon Department of Environmental Quality (ODEQ) submitted, on behalf of the Governor of Oregon, a State Implementation Plan (SIP) submission to address violations of the National Ambient Air Quality Standards (NAAQS) for particulate matter with an aerodynamic diameter of less than or equal to a nominal 2.5 micrometers (PM2.5) for the Oakridge PM2.5 nonattainment area (2012 SIP submission). The Lane Regional Air Protection Agency (LRAPA), in coordination with the ODEQ, developed the 2012 SIP submission for purposes of attaining the 2006 24-hour PM2.5 NAAQS. On February 22, 2016, the ODEQ withdrew certain provisions of the 2012 SIP submission (2016 SIP withdrawal). The Environmental Protection Agency (EPA) has evaluated whether the remaining portions of the 2012 SIP submission meet the applicable Clean Air Act (CAA) requirements. Based on this evaluation, the EPA is finalizing partial approval and partial disapproval of the remaining portions of the 2012 SIP submission. DATES: This final rule is effective November 21, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R10–OAR–2013–0004. 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 the disclosure of which 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 Air Planning Unit, Office of Air and asabaliauskas on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:30 Oct 20, 2016 Jkt 241001 Waste, EPA Region 10, 1200 Sixth Avenue, Seattle, WA, 98101. The EPA requests that, if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Christi Duboiski at (360) 753–9081, duboiski.christi@epa.gov or by using the above EPA, Region 10 address. SUPPLEMENTARY INFORMATION: I. Background Information II. Final Action III. Consequences of a Disapproved SIP IV. Incorporation by Reference V. Statutory and Executive Orders Review provide for attainment by the applicable attainment date, • the motor vehicle emissions budget (MVEB) submitted to meet CAA section 176 requirement for transportation conformity, • the demonstration of reasonable further progress (RFP) and quantitative milestones submitted to meet section 172(c)(2) and 189(c) requirements for RFP and quantitative milestones, and • the contingency measures submitted to meet the section 172(c)(9) requirement for the implementation of measures to be undertaken, without further action by the state or EPA, if the area fails to make RFP or attain the NAAQS by the applicable attainment date. I. Background Information III. Consequences of a Disapproved SIP On July 28, 2016, the EPA proposed to partially approve and partially disapprove the attainment plan submitted by the ODEQ on December 12, 2012 (81 FR 49592). An explanation of the CAA attainment planning requirements, a detailed analysis of the submittal, and the EPA’s reasons for proposing partial approval and partial disapproval were provided in the notice of proposed rulemaking, and will not be restated here. The public comment period for the proposed rule ended on August 29, 2016. The EPA received no comments on the proposal. This section explains the consequences of a disapproved SIP submission required under the CAA. The Act provides for the imposition of sanctions and the promulgation of a federal implementation plan (FIP) if a state fails to submit, and the EPA approve, a plan revision that corrects the deficiencies identified by the EPA in its disapproval. II. Final Action The EPA is finalizing approval of the following elements of the 2012 SIP submission: • Description of the Oakridge PM2.5 nonattainment area and listing of the area as nonattainment, and • The base year 2008 emission inventory submitted to meet the CAA section 172(c)(3) requirement for emissions inventories. The EPA is finalizing disapproval of the following elements of the 2012 SIP submission: • The attainment year emission inventory submitted to meet the CAA section 172(c)(3) requirement for emissions inventories, • the reasonably available control measures (RACM), including reasonably available control technology (RACT), submitted to meet the CAA sections 172(c)(1) and 189(a)(1)(C) requirements for control measures for moderate nonattainment areas, • the attainment demonstration submitted to meet the CAA section 189(a)(1)(B) requirement for a demonstration that the plan will PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 The Act’s Provisions for Sanctions Once the EPA finalizes disapproval of a required SIP submission, such as an attainment plan submission, or a portion thereof, CAA section 179(a) provides for the imposition of sanctions, unless the deficiency is corrected within 18 months of the final rulemaking of disapproval. The first sanction would apply 18 months after the EPA disapproves the SIP submission, or portion thereof. Under the EPA’s sanctions regulations at 40 CFR 52.31, the first sanction imposed would be 2:1 offsets for sources subject to the new source review requirements under section 173 of the CAA. If the state has still failed to submit a SIP submission to correct the identified deficiencies for which the EPA proposes full or conditional approval 6 months after the first sanction is imposed, the second sanction will apply. The second sanction is a prohibition on the approval or funding certain highway projects.1 1 On April 1, 1996 the US Department of Transportation published a notice in the Federal Register describing the criteria to be used to determine which highway projects can be funded or approved during the time that the highway sanction is imposed in an area. (See 61 FR 14363) E:\FR\FM\21OCR1.SGM 21OCR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Rules and Regulations]
[Pages 72708-72714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25441]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0335; FRL-9954-29-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Adoption of Control Techniques Guidelines for Control of
Volatile Organic Compound Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving three
state implementation plan (SIP) revisions submitted by the Commonwealth
of Virginia (Virginia). These revisions include amendments to the
Virginia Department of Environmental Quality's (VADEQ) regulations and
address the requirement to adopt reasonably available control
technology (RACT) for sources covered by EPA's Control Techniques
Guidelines (CTG) standards for the following categories: Offset
lithographic printing and letterpress printing, industrial solvent
cleaning operations, miscellaneous industrial adhesives, and
miscellaneous metal and plastic parts coatings. EPA is approving these
revisions to the Virginia SIP in accordance with the requirements of
the Clean Air Act (CAA).

DATES: This final rule is effective on November 21, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2016-0335. 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, 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 through
https://www.regulations.gov, or please contact the person identified in
the ``For Further Information Contact'' section for additional
availability information.

FOR FURTHER INFORMATION CONTACT: Leslie Jones Doherty, (215) 814-3409,
or by email at jones.leslie@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On August 23, 2016 (87 FR 57531), EPA published a notice of
proposed

[[Page 72709]]

rulemaking (NPR) for the Commonwealth of Virginia. In the NPR, EPA
proposed approval of three revisions to the Virginia SIP concerning the
adoption of EPA CTGs for offset lithographic printing and letterpress
printing, industrial solvent cleaning operations, miscellaneous
industrial adhesives, and miscellaneous metal and plastic parts
coatings sources in the specific portion of Virginia known as the
Northern Virginia Volatile Organic Compound Emissions Control Area.\1\
The formal SIP revision was submitted by Virginia, through VADEQ, on
February 1, 2016.
---------------------------------------------------------------------------

\1\ The northern portion of Virginia is defined as the Northern
Virginia Volatile Organic Compound Emissions Control Area in 9VAC5-
20-206 (General Provisions).
---------------------------------------------------------------------------

The ozone transport region (OTR) was established under section
184(a) of the CAA to address interstate transport of ozone and includes
the northern portion of Virginia that is part of the Metropolitan
Statistical Area of the District Columbia, which Virginia refers to as
the ``Northern Virginia Volatile Organic Compound Emissions Control
Area.'' Pursuant to section 184(b)(1)(B) of the CAA, all areas in the
OTR must implement RACT with respect to sources of volatile organic
compounds (VOCs) in the state covered by CTGs. Thus, Virginia must
implement RACT with respect to sources of VOCs covered by CTGs in the
Northern Virginia Volatile Organic Compound Emissions Control Area. CAA
section 184(b)(1)(B) and (2). States can follow the CTGs and adopt
state regulations to implement the recommendations contained therein,
or they can adopt alternative approaches. In either case, states must
submit their RACT rules to EPA for review and approval as part of the
SIP process.
In 2006 and 2008, EPA published new CTGs entitled Control
Techniques Guidelines for Offset Lithographic and Letterpress Printing
(Publication No. EPA 453/R-06-002; September 2006); Control Techniques
Guidelines for Industrial Cleaning Solvents (Publication No. EPA 453/R-
06-001; September 2006); Control Techniques Guidelines for
Miscellaneous Industrial Adhesives (Publication No. EPA 453/R-08-005;
September 2008); and Control Techniques Guidelines for Miscellaneous
Metal and Plastic Parts Coatings (Publication No. EPA 453/R-08-003;
September 2008). EPA developed new CTGs for these industries after
reviewing existing state and local VOC emission reduction approaches,
new source performance standards (NSPS), previously issued CTGs, and
national emission standards for hazardous air pollutants (NESHAP) for
these source categories.

II. Summary of SIP Revision

On February 1, 2016, Virginia, through VADEQ, submitted amended and
new regulations for inclusion in the Virginia SIP concerning the
adoption of the EPA CTGs for offset lithographic printing and
letterpress printing, industrial solvent cleaning operations,
miscellaneous industrial adhesives, and miscellaneous metal and plastic
parts coatings in the Northern Virginia Volatile Organic Compound
Emissions Control Area. Virginia has adopted EPA's CTG standards for
these industries by amending regulation 9VAC5, chapter 40, Existing
Stationary Sources, articles 34 and 53 and adding articles 56, 56.1,
57, 58, and 59 to 9VAC5, chapter 40. Additionally, Virginia has amended
supporting definitions in 9VAC5, chapter 20, General Provisions, which
relate to the new CTG standards. The Virginia regulations adopt the
equivalent of the specific EPA CTG recommendations and address CAA
requirements for RACT (for sources covered by CTGs) in sections 172 and
182 as referenced by section 184. Other specific requirements and the
rationale for EPA's proposed action are explained in the NPR and
technical support document (TSD) and will not be restated here. No
public comments were received on the NPR.

III. Final Action

EPA is approving VADEQ's February 1, 2016 SIP submittal as a
revision to the Virginia SIP. The SIP submittal being approved consists
of amendments to regulation 9VAC5 chapter 40, Existing Stationary
Sources, and 9VAC5 chapter 20, General Provisions, and addresses the
requirement to adopt RACT for sources located in the Northern Virginia
VOC Emissions Control Area covered by EPA's CTG standards in accordance
with CAA requirements in sections 172, 182 and 184 for the following
categories: Offset lithographic printing and letterpress printing,
industrial cleaning solvent operations, miscellaneous industrial
adhesives, and miscellaneous metal and plastic parts coatings.

IV. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information that: (1) Are generated or developed
before the commencement of a voluntary environmental assessment; (2)
are prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) 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

[[Page 72710]]

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.

V. Incorporation by Reference

In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the VADEQ
regulations regarding control of VOC emissions from offset lithographic
printing and letterpress printing, industrial solvent cleaning
operations, miscellaneous industrial adhesives, and miscellaneous metal
and plastic parts coatings in the Northern Virginia Volatile Organic
Compound Emissions Control Area as well as related definitions as
described in section II of this rulemaking action. Therefore, these
materials have been approved by EPA for inclusion in the SIP, have been
incorporated by reference by EPA into that plan, are fully federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of the final rulemaking of EPA's approval, and will be
incorporated by reference by the Director of the Federal Register in
the next update to the SIP compilation.\2\ EPA has made, and will
continue to make, these materials generally available through https://www.regulations.gov and/or at the EPA Region III Office (please contact
the person identified in the For Further Information Contact section of
this preamble for more information).
---------------------------------------------------------------------------

\2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VI. Statutory and Executive Order Reviews

A. General Requirements

Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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 (Public Law 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 CAA; 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).
The SIP is not approved to apply on any Indian reservation land as
defined in 18 U.S.C. 1151 or in any other area where EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).

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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 20, 2016. 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 approving RACT rules for sources in northern
Virginia 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, Volatile organic compounds.

Dated: September 29, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.

40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

[[Page 72711]]

Subpart VV--Virginia

0
2. In Sec. 52.2420:
0
a. In the table in paragraph (c):
0
i. Revise the entries ``5-40-4760'' and ``5-40-7800''.
0
ii. Add the heading ``Article 56, Emission Standards for Letterpress
Printing Operations in the Northern Virginia Volatile Organic Compound
Emissions Control Area, 8-hour Ozone Standard (Rule 4-56)'' and the
entries ``5-40-8380''; ``5-40-8382''; ``5-40-8384''; ``5-40-8386'';
``5-40-8388''; ``5-40-8396''; ``5-40-8398''; ``5-40-8400''; ``5-40-
8410''; ``5-40-8412''; ``5-40-8414''; and ``5-40-8418''; the heading
``Article 56.1 Emission Standards for Offset Lithographic Printing
Operations in the Northern Virginia Volatile Organic Compound Emissions
Control Area, 8-hour Ozone Standard (Rule 4-56.1)'' and the entries
``5-40-8420''; ``5-40-8422''; ``5-40-8424''; ``5-40-8426''; ``5-40-
8428''; ``5-40-8434''; ``5-40-8436''; ``5-40-8438''; ``5-40-8440'';
``5-40-8450''; ``5-40-8460''; the heading ``Article 57 Emission
Standards for Industrial Solvent Cleaning Operations in the Northern
Virginia Volatile Organic Compound Emissions Control Area, 8-hour Ozone
Standard (Rule 4-57)'' and the entries ``5-40-8510''; ``5-40-8520'';
``5-40-8530''; ``5-40-8540''; ``5-40-8550''; ``5-40-8580''; ``5-40-
8590''; ``5-40-8600''; ``5-40-8610''; ``5-40-8620''; ``5-40-8630'';
``5-40-8650''; the heading ``Article 58 Emission Standards for
Miscellaneous Industrial Adhesive Application Processes in the Northern
Virginia Volatile Organic Compound Emissions Control Area, 8-hour Ozone
Standard (Rule 4-58)'' and the entries ``5-40-8660''; ``5-40-8670'';
``5-40-8680''; ``5-40-8690''; ``5-40-8700''; ``5-40-8730''; ``5-40-
8740''; ``5-40-8750''; ``5-40-8760''; ``5-40-8770''; ``5-40-8780'';
``5-40-8800''; the heading ``Article 59 Emission Standards for
Miscellaneous Metal Parts and Products Coating Application Systems in
the Northern Virginia Volatile Organic Compound Emissions Control Area,
8-hour Ozone Standard (Rule 4-58)'' and the entries ``5-40-8810''; ``5-
40-8820''; ``5-40-8830''; ``5-40-8840''; ``5-40-8850''; ``5-40-8880'';
``5-40-8890''; ``5-40-8900''; ``5-40-8910''; ``5-40-8920''; ``5-40-
8930''; and ``5-40-8950''.
0
b. In the table in paragraph (e), add the entry ``Documents
incorporated by reference''.
The additions and revisions read as follows:

Sec. 52.2420 Identification of plan.

* * * * *
(c) * * *

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

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
9 VAC 5, Chapter 40 Existing Stationary Sources [Part IV]
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part II Emission Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Article 34 Emission Standards for Miscellaneous Metal Parts and Products Coating Application Systems (Rule 4-34)
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-40-4760......................... Applicability and 02/01/16 10/21/16, [Insert Federal Register Amended to refer Northern VA VOC
Designation of citation]. emission control area to Article 59.
Affected Facility.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Article 53 Emission Standards for Lithographic Printing Processes (Rule 4-53) [Formerly Article 45]
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-40-7800......................... Applicability and 02/01/16 10/21/16, [Insert Federal Register Amended to refer Northern VA VOC
Designation of citation]. emission control area to Article
Affected Facility. 56.1.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Article 56, Emission Standards for Letterpress Printing Operations in the Northern Virginia Volatile Organic Compound Emissions Control Area, 8-hour
Ozone Standard (Rule 4-56)
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-40-8380......................... Applicability and 02/01/16 10/21/16, [Insert Federal Register Added.
Designation of citation].
Affected Facility.
5-40-8382......................... Definitions.......... 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
5-40-8384......................... Standard for volatile 02/01/16 10/21/16, [Insert Federal Register Added.
organic compounds. citation].
5-40-8386......................... Standard for visible 02/01/16 10/21/16, [Insert Federal Register Added.
emissions. citation].

[[Page 72712]]

5-40-8388......................... Standard for fugitive/ 02/01/16 10/21/16, [Insert Federal Register Added.
dust emissions. citation].
5-40-8396......................... Compliance........... 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
5-40-8398......................... Compliance schedule.. 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
5-40-8400......................... Test methods and 02/01/16 10/21/16, [Insert Federal Register Added.
procedures. citation].
5-40-8410......................... Monitoring........... 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
5-40-8412......................... Notification, 02/01/16 10/21/16, [Insert Federal Register Added.
records, and citation].
reporting.
5-40-8414......................... Registration......... 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
5-40-8418......................... Permits.............. 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------
Article 56.1 Emission Standards for Offset Lithographic Printing Operations in the Northern Virginia Volatile Organic Compound Emissions Control Area, 8-
hour Ozone Standard (Rule 4-56.1)
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-40-8420......................... Applicability and 02/01/16 10/21/16, [Insert Federal Register Added.
Designation of citation].
Affected Facility.
5-40-8422......................... Definitions.......... 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
5-40-8424......................... Standard for volatile 02/01/16 10/21/16, [Insert Federal Register Added.
organic compounds. citation].
5-40-8426......................... Standard for visible 02/01/16 10/21/16, [Insert Federal Register Added.
emissions. citation].
5-40-8428......................... Standard for fugitive/ 02/01/16 10/21/16, [Insert Federal Register Added.
dust emissions. citation].
5-40-8434......................... Compliance........... 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
5-40-8436......................... Compliance schedule.. 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
5-40-8438......................... Test methods and 02/01/16 10/21/16, [Insert Federal Register Added.
procedures. citation].
5-40-8440......................... Monitoring........... 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
5-40-8450......................... Notification, 02/01/16 10/21/16, [Insert Federal Register Added.
records, and citation].
reporting.
5-40-8460......................... Registration......... 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
5-40-8480......................... Permits.............. 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------
Article 57 Emission Standards for Industrial Solvent Cleaning Operations in the Northern Virginia Volatile Organic Compound Emissions Control Area, 8-
hour Ozone Standard (Rule 4-57)
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-40-8510......................... Applicability and 02/01/16 10/21/16, [Insert Federal Register Added.
Designation of citation].
Affected Facility.
5-40-8520......................... Definitions.......... 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
5-40-8530......................... Standard for volatile 02/01/16 10/21/16, [Insert Federal Register Added.
organic compounds. citation].
5-40-8540......................... Standard for visible 02/01/16 10/21/16, [Insert Federal Register Added.
emissions. citation].
5-40-8550......................... Standard for fugitive/ 02/01/16 10/21/16, [Insert Federal Register Added.
dust emissions. citation].
5-40-8580......................... Compliance........... 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
5-40-8590......................... Compliance schedule.. 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
5-40-8600......................... Test methods and 02/01/16 10/21/16, [Insert Federal Register Added.
procedures. citation].
5-40-8610......................... Monitoring........... 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
5-40-8620......................... Notification, 02/01/16 10/21/16, [Insert Federal Register Added.
records, and citation].
reporting.
5-40-8630......................... Registration......... 02/01/16 10/21/16, [Insert Federal Register Added.
citation].

[[Page 72713]]

5-40-8650......................... Permits.............. 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------
Article 58 Emission Standards for Miscellaneous Industrial Adhesive Application Processes in the Northern Virginia Volatile Organic Compound Emissions
Control Area, 8-hour Ozone Standard (Rule 4-58)
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-40-8660......................... Applicability and 02/01/16 10/21/16, [Insert Federal Register Added.
Designation of citation].
Affected Facility.
5-40-8670......................... Definitions.......... 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
5-40-8680......................... Standard for volatile 02/01/16 10/21/16, [Insert Federal Register Added.
organic compounds. citation].
5-40-8690......................... Standard for visible 02/01/16 10/21/16, [Insert Federal Register Added.
emissions. citation].
5-40-8700......................... Standard for fugitive/ 02/01/16 10/21/16, [Insert Federal Register Added.
dust emissions. citation].
5-40-8730......................... Compliance........... 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
5-40-8740......................... Compliance schedule.. 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
5-40-8750......................... Test methods and 02/01/16 10/21/16, [Insert Federal Register Added.
procedures. citation].
5-40-8760......................... Monitoring........... 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
5-40-8770......................... Notification, 02/01/16 10/21/16, [Insert Federal Register Added.
records, and citation].
reporting.
5-40-8780......................... Registration......... 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
5-40-8800......................... Permits.............. 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------
Article 59 Emission Standards for Miscellaneous Metal Parts and Products Coating Application Systems in the Northern Virginia Volatile Organic Compound
Emissions Control Area, 8-hour Ozone Standard (Rule 4-58)
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-40-8810......................... Applicability and 02/01/16 10/21/16, [Insert Federal Register Added.
Designation of citation].
Affected Facility.
5-40-8820......................... Definitions.......... 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
5-40-8830......................... Standard for volatile 02/01/16 10/21/16, [Insert Federal Register Added.
organic compounds. citation].
5-40-8840......................... Standard for visible 02/01/16 10/21/16, [Insert Federal Register Added.
emissions. citation].
5-40-8850......................... Standard for fugitive/ 02/01/16 10/21/16, [Insert Federal Register Added.
dust emissions. citation].
5-40-8880......................... Compliance........... 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
5-40-8890......................... Compliance schedule.. 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
5-40-8900......................... Test methods and 02/01/16 10/21/16, [Insert Federal Register Added.
procedures. citation].
5-40-8910......................... Monitoring........... 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
5-40-8920......................... Notification, 02/01/16 10/21/16, [Insert Federal Register Added.
records, and citation].
reporting.
5-40-8930......................... Registration......... 02/01/16 10/21/16, [Insert Federal Register Added.
citation].
5-40-8950......................... Permits.............. 02/01/16 10/21/16, [Insert Federal Register Added.
citation].

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

* * * * *
(e) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
Applicable geographic State
Name of nonregulatory SIP revision area submittal date EPA approval date Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Documents incorporated by Northern Virginia VOC 02/01/16 10/21/16, [Insert Federal Register Section 15 added
reference. emissions control citation].
area.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 72714]]

[FR Doc. 2016-25441 Filed 10-20-16; 8:45 am]
BILLING CODE 6560-50-P

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