Air Plan Approval; Virginia; Startup, Shutdown, and Malfunction Amendments to Facility and Control Equipment Maintenance or Malfunction Regulations, 40715-40719 [2023-13147]
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D. Federalism and Indian Tribal
Governments
see the ADDRESSES section of this
preamble.
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have Tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
Tribes, on the relationship between the
Federal Government and Indian Tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian Tribes.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or Tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
ddrumheller on DSK120RN23PROD with RULES1
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone that will prohibit entry within 200
yards of the Virginia Beach oceanfront
shoreline. It is categorically excluded
from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
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List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
Accordingly, the Coast Guard amends
33 CFR part 165 as follows:
40715
or the COTP’s designated representative.
Vessels present must exit the safety
zone before the start of any period in
which it is subject to enforcement.
(2) To seek permission to enter,
contact the Virginia Beach Police
Marine Patrol on VHF–FM Channel 13
or 16. Those in the safety zone must
comply with all lawful orders or
directions given to them by the COTP or
the COTP’s designated representative.
(d) Enforcement period[s]. This
section will be enforced from 11 a.m. to
midnight each day from June 23–25,
2023.
Dated: June 15, 2023.
J.A. Stockwell,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Virginia.
[FR Doc. 2023–13269 Filed 6–21–23; 8:45 am]
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
ENVIRONMENTAL PROTECTION
AGENCY
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
40 CFR Part 52
2. Add § 165.T05–0524 to read as
follows:
Air Plan Approval; Virginia; Startup,
Shutdown, and Malfunction
Amendments to Facility and Control
Equipment Maintenance or Malfunction
Regulations
■
§ 165.T05–0524 Safety Zone; Atlantic
Ocean, Virginia Beach, VA.
(a) Location. The following area is a
safety zone: All waters of the Virginia
Beach oceanfront, from surface to
bottom, encompassed by a line
connecting the following points:
36°49′49.20″ N, 075°58′04.54″ W;
36°49′49.3″ N, 075°57′58.5″ W;
36°50′13.2″ N, 075°58′5.4″ W;
36°50′13.2″ N, 075°58′12.6″ W. These
coordinates are based on WGS 84
coordinates.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sector Virginia (COTP) in the
enforcement of the safety zone. The
term also includes Virginia Beach Police
Marine Patrol to permit passage into or
through the safety zone listed in
paragraph (a) of this section, or to notify
vessels and individuals that they have
entered a safety zone and are required
to depart immediately.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
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[EPA–R03–OAR–2023–0104; FRL10907–02–
R3]
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Commonwealth of
Virginia. The revision pertains to
several state regulatory changes
affecting startup, shutdown and
malfunction. This SIP revision was
submitted in response to a finding of
substantial inadequacy and SIP call
published on June 12, 2015, for
provisions in the Virginia SIP. EPA is
approving these revisions to the Virginia
SIP and determining that the SIP
revision corrects the deficiencies in the
Virginia SIP identified in the June 12,
2015 SIP call. This action is being taken
in accordance with the requirements of
the Clean Air Act (CAA).
DATES: This final rule is effective on July
24, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2023–0104. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
SUMMARY:
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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 www.regulations.gov,
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
availability information.
FOR FURTHER INFORMATION CONTACT:
Sean Silverman, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1600 John
F. Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone
number is (215) 814–5511. Mr.
Silverman can also be reached via
electronic mail at silverman.sean@
epa.gov.
amended the portion of 9VAC5–20–
180(G) 2 to address the deficiencies in
the 2015 SSM SIP Action, and made
several other administrative
amendments in 9VAC5–20–180 and
other sections.3 In this action, EPA is
determining Virginia’s August 1, 2016
SIP revision addressed the provision
identified as substantially inadequate in
the 2015 SSM SIP Action. Additionally,
EPA has identified a typographical error
previously incorporated by reference in
the Code of Federal Regulations (CFR)
for one of the provisions being updated
in this notice. This final rule contains
the text to correct this error in the
amendments to 40 CFR part 52 set forth
below.
Other specific requirements of
Virginia’s August 1, 2016 submittal and
the rationale for EPA’s proposed action
are explained in the notice of proposed
rulemaking (NPRM) and will not be
restated here.
SUPPLEMENTARY INFORMATION:
III. EPA’s Response to Comments
Received
EPA received two sets of comments in
response to the NPRM that are available
in the docket for this action. Of these
two sets of comments, one was outside
of the scope of this rulemaking. The
other comment, submitted by the Sierra
Club, was supportive. As such, neither
of these comments require a response by
EPA.
I. Background
On April 20, 2023 (88 FR 24377), EPA
proposed to approve a SIP revision
submitted by the Commonwealth of
Virginia through the Virginia
Department of Environmental Quality
(VADEQ) on August 1, 2016. In that
proposal we proposed to determine that
the SIP revision corrects the deficiencies
with respect to Virginia’s SIP that were
identified in the June 12, 2015 action
entitled ‘‘State Implementation Plans:
Response to Petition for Rulemaking;
Restatement and Update of EPA’s SSM
Policy Applicable to SIPs; Findings of
Substantial Inadequacy; and SIP Calls to
Amend Provisions Applying to Excess
Emissions During Periods of Startup,
Shutdown, and Malfunction’’ (2015
SSM SIP Action). 80 FR 33840 (June 12,
2015). The reasons for our proposed
approval and determination are stated
in the proposal for this action and will
not be restated here. 88 FR 24377 (April
20, 2023). The public comment period
for our proposed approval and
determination ended on May 22, 2023.
Two comments were received and are
described below in section III of this
preamble.
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II. Summary of Virginia’s SIP Revision
Related to This Action
With respect to the Virginia SIP, in
the 2015 SSM SIP Action, EPA
determined that one provision, 9
Virginia Administrative Code (VAC) 5–
20–180(G), was substantially inadequate
to meet CAA requirements.1 In the
August 1, 2016 SIP revision, Virginia
1 See
80 FR 33840 at 33961 (June 12, 2015).
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IV. Final Action
EPA is approving Virginia’s August 1,
2016 SIP revision as a revision to the
Virginia SIP. EPA has determined that
the amendments in the August 1, 2016
SIP revision correct the deficiencies
identified in the 2015 SSM SIP Action.
V. 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
2 This document will hereafter use the
abbreviated form of 9 Virginia Administrative Code
(VAC) § 5–20–180(G), which is 9VAC5–20–180(G)
or 9 Va. Admin Code. 5–20–180(G).
3 Administrative changes to other sections consist
of references to 9VAC5–20–180 added to 9VAC5–
40–8416, 9VAC5–40–8470, 9VAC5–40–8640,
9VAC5–40–8790 and 9VAC5–40–8940 to state ‘‘The
provisions of 9VAC5–20–180 (Facility and control
equipment maintenance or malfunction) apply.’’
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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
afforded from administrative, civil, or
criminal penalties because granting
such immunity would not be consistent
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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.
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VI. Incorporation by Reference
In this document, 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 Virginia’s Revised
9VAC5–20–180 (Pertaining to Facility
Control Equipment and Malfunction)
which regulates periods of excess
emissions from the shutdown or
bypassing of emissions control
equipment for maintenance, and
malfunction of emissions control
equipment or sources at affected
facilities, including 9VAC5–40–8416
(Letterpress Printing Operations),
9VAC5–40–8470 (Offset Lithographic
Printing Operations), 9VAC5–40–8640
(Industrial Solvent Cleaning
Operations), 9VAC5–40–8790
(Miscellaneous Industrial Adhesive
Application Processes), and 9VAC5–40–
8940 (Miscellaneous Metal Parts and
Products Coating Application Systems)
in section 52.2420, which corrects the
deficiency in the Virginia SIP, as set
forth below in the amendments to 40
CFR part 52. EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region III Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
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
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incorporated by reference in the next
update to the SIP compilation.4
VII. 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 (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); and
• 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.
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
4 62
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FR 27968 (May 22, 1997).
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40717
governments or preempt Tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The VADEQ did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this
action. Due to the nature of the action
being taken here, this action is expected
to have a neutral to positive impact on
the air quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
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
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is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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 August 21, 2023. 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 which
corrects the deficiencies in Virginia’s
SIP identified in the 2015 SSM SIP
Action 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, Reporting and recordkeeping
requirements.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
State citation
1. The authority citation for part 52
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart VV—Virginia
2. In § 52.2420, the table in paragraph
(c) is amended by:
■ a. Revising the entry ‘‘5–20–180’’;
■ b. Adding the entry ‘‘5–40–8416’’ in
numerical order under the heading
‘‘Article 56, Emission Standards for
Letterpress Printing Operations in the
Northern Virginia Volatile Organic
Compound Emissions Control Area, 8hour Ozone Standard (Rule 4–56)’’;
■ c. Adding the entry ‘‘5–40–8470’’ in
numerical order under 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)’’;
■ d. Adding the entry ‘‘8–40–8640’’ in
numerical order under 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)’’;
■
State effective
date
Title/subject
*
*
*
e. Adding the entry ‘‘5–40–8790’’ in
numerical order under 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)’’;
■ f. Removing the subject heading
‘‘Article 59. Emission Standards for
Miscellaneous Metal Parts and Products
Coating Application Systems in the
Northern Virginia Volatile Organic
Compound Emissions Control Area, 8hour Ozone Standard (Rule 4–58)’’ and
adding the subject 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 4–59)’’ in its place; and
■ g. Adding the entry ‘‘5–40–8940’’ in
numerical order under the new heading
‘‘Article 59. Emission Standards for
Miscellaneous Metal Parts and Products
Coating Application Systems in the
Northern Virginia Volatile Organic
Compound Emissions Control Area, 8hour Ozone Standard (Rule 4–59)’’.
The revision and additions read as
follows:
■
§ 52.2420
*
EPA approval date
*
Identification of plan.
*
*
(c) * * *
*
*
Explanation [former SIP citation]
*
*
*
*
*
9 VAC 5, Chapter 20 General Provisions
*
*
*
*
*
Part II Air Quality Programs
*
5–20–180 ..........
*
*
*
Facility and control equipment
maintenance or malfunction.
*
*
6/1/2016
*
*
6/22/2023, [INSERT FEDERAL
REGISTER CITATION].
*
*
*
Revised
9VAC5–20–180(A)
through 9VAC5–20–180(D) and
9VAC5–20–180(F)
through
9VAC5–20–180(J).
*
*
*
*
*
*
*
*
*
9 VAC 5, Chapter 40 Existing Stationary Sources [Part IV]
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*
*
*
*
Part II Emission Standards
*
*
*
*
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)
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State effective
date
State citation
Title/subject
*
5–40–8416 ........
*
*
Facility and control equipment
maintenance or malfunction.
*
*
EPA approval date
*
2/1/2016
*
Explanation [former SIP citation]
*
6/22/2023, [INSERT FEDERAL
REGISTER CITATION].
*
*
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)
*
5–40–8470 ........
*
*
Facility and control equipment
maintenance or malfunction.
*
*
*
2/1/2016
*
*
6/22/2023, [INSERT FEDERAL
REGISTER CITATION].
*
*
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)
*
8–40–8640 ........
*
*
Facility and control equipment
maintenance or malfunction.
*
*
*
2/1/2016
*
*
6/22/2023, [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)
*
5–40–8790 ........
*
*
Facility and control equipment
maintenance or malfunction.
*
*
*
2/1/2016
*
*
6/22/2023, [INSERT FEDERAL
REGISTER CITATION].
*
*
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 4–59)
*
5–40–8940 ........
*
*
Facility and control equipment
maintenance or malfunction.
*
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 367
[Docket No. FMCSA–2023–0008]
ddrumheller on DSK120RN23PROD with RULES1
RIN 2126–AC62
Fees for the Unified Carrier
Registration Plan and Agreement
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule.
AGENCY:
16:54 Jun 21, 2023
*
6/22/2023, [INSERT FEDERAL
REGISTER CITATION].
*
Jkt 259001
FMCSA amends the
regulations for the annual registration
fees States collect from motor carriers,
motor private carriers of property,
brokers, freight forwarders, and leasing
companies for the Unified Carrier
Registration (UCR) Plan and Agreement
for the 2024 registration year and
subsequent registration years. The fees
for the 2024 registration year are
approximately 9 percent less than the
fees for the 2023 registration year, with
varying reductions between $4 and
$3,453 per entity, depending on the
applicable fee bracket.
DATES: Effective July 24, 2023.
Petitions for Reconsideration of this
final rule must be submitted to the
FMCSA Administrator no later than July
24, 2023.
FOR FURTHER INFORMATION CONTACT: Mr.
Kenneth Riddle, Director, Office of
Registration and Safety Information,
PO 00000
Frm 00035
Fmt 4700
*
Added.
*
*
*
*
SUMMARY:
[FR Doc. 2023–13147 Filed 6–21–23; 8:45 am]
VerDate Sep<11>2014
*
2/1/2016
Sfmt 4700
FMCSA, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001,
FMCSAMCRS@dot.gov. If you have
questions on viewing or submitting
material to the docket, call Dockets
Operations at (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Availability of Rulemaking
Documents
To view any documents mentioned as
being available in the docket, go to
https://www.regulations.gov/docket/
FMCSA-2023-0008/document and
choose the document to review. To view
comments, click this final rule, then
click ‘‘Browse Comments.’’ If you do not
have access to the internet, you may
view the docket online by visiting
Docket Operations at U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001, between 9 a.m. and 5 p.m.,
E:\FR\FM\22JNR1.SGM
22JNR1
]]>Agencies
[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Rules and Regulations]
[Pages 40715-40719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13147]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2023-0104; FRL10907-02-R3]
Air Plan Approval; Virginia; Startup, Shutdown, and Malfunction
Amendments to Facility and Control Equipment Maintenance or Malfunction
Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Virginia. The revision pertains to several state regulatory changes
affecting startup, shutdown and malfunction. This SIP revision was
submitted in response to a finding of substantial inadequacy and SIP
call published on June 12, 2015, for provisions in the Virginia SIP.
EPA is approving these revisions to the Virginia SIP and determining
that the SIP revision corrects the deficiencies in the Virginia SIP
identified in the June 12, 2015 SIP call. This action is being taken in
accordance with the requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on July 24, 2023.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2023-0104. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available,
[[Page 40716]]
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 www.regulations.gov, or please contact
the person identified in the For Further Information Contact section
for additional availability information.
FOR FURTHER INFORMATION CONTACT: Sean Silverman, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F. Kennedy
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is
(215) 814-5511. Mr. Silverman can also be reached via electronic mail
at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On April 20, 2023 (88 FR 24377), EPA proposed to approve a SIP
revision submitted by the Commonwealth of Virginia through the Virginia
Department of Environmental Quality (VADEQ) on August 1, 2016. In that
proposal we proposed to determine that the SIP revision corrects the
deficiencies with respect to Virginia's SIP that were identified in the
June 12, 2015 action entitled ``State Implementation Plans: Response to
Petition for Rulemaking; Restatement and Update of EPA's SSM Policy
Applicable to SIPs; Findings of Substantial Inadequacy; and SIP Calls
to Amend Provisions Applying to Excess Emissions During Periods of
Startup, Shutdown, and Malfunction'' (2015 SSM SIP Action). 80 FR 33840
(June 12, 2015). The reasons for our proposed approval and
determination are stated in the proposal for this action and will not
be restated here. 88 FR 24377 (April 20, 2023). The public comment
period for our proposed approval and determination ended on May 22,
2023. Two comments were received and are described below in section III
of this preamble.
II. Summary of Virginia's SIP Revision Related to This Action
With respect to the Virginia SIP, in the 2015 SSM SIP Action, EPA
determined that one provision, 9 Virginia Administrative Code (VAC) 5-
20-180(G), was substantially inadequate to meet CAA requirements.\1\ In
the August 1, 2016 SIP revision, Virginia amended the portion of 9VAC5-
20-180(G) \2\ to address the deficiencies in the 2015 SSM SIP Action,
and made several other administrative amendments in 9VAC5-20-180 and
other sections.\3\ In this action, EPA is determining Virginia's August
1, 2016 SIP revision addressed the provision identified as
substantially inadequate in the 2015 SSM SIP Action. Additionally, EPA
has identified a typographical error previously incorporated by
reference in the Code of Federal Regulations (CFR) for one of the
provisions being updated in this notice. This final rule contains the
text to correct this error in the amendments to 40 CFR part 52 set
forth below.
---------------------------------------------------------------------------
\1\ See 80 FR 33840 at 33961 (June 12, 2015).
\2\ This document will hereafter use the abbreviated form of 9
Virginia Administrative Code (VAC) Sec. 5-20-180(G), which is
9VAC5-20-180(G) or 9 Va. Admin Code. 5-20-180(G).
\3\ Administrative changes to other sections consist of
references to 9VAC5-20-180 added to 9VAC5-40-8416, 9VAC5-40-8470,
9VAC5-40-8640, 9VAC5-40-8790 and 9VAC5-40-8940 to state ``The
provisions of 9VAC5-20-180 (Facility and control equipment
maintenance or malfunction) apply.''
---------------------------------------------------------------------------
Other specific requirements of Virginia's August 1, 2016 submittal
and the rationale for EPA's proposed action are explained in the notice
of proposed rulemaking (NPRM) and will not be restated here.
III. EPA's Response to Comments Received
EPA received two sets of comments in response to the NPRM that are
available in the docket for this action. Of these two sets of comments,
one was outside of the scope of this rulemaking. The other comment,
submitted by the Sierra Club, was supportive. As such, neither of these
comments require a response by EPA.
IV. Final Action
EPA is approving Virginia's August 1, 2016 SIP revision as a
revision to the Virginia SIP. EPA has determined that the amendments in
the August 1, 2016 SIP revision correct the deficiencies identified in
the 2015 SSM SIP Action.
V. 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 afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent
[[Page 40717]]
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.
VI. Incorporation by Reference
In this document, 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 Virginia's
Revised 9VAC5-20-180 (Pertaining to Facility Control Equipment and
Malfunction) which regulates periods of excess emissions from the
shutdown or bypassing of emissions control equipment for maintenance,
and malfunction of emissions control equipment or sources at affected
facilities, including 9VAC5-40-8416 (Letterpress Printing Operations),
9VAC5-40-8470 (Offset Lithographic Printing Operations), 9VAC5-40-8640
(Industrial Solvent Cleaning Operations), 9VAC5-40-8790 (Miscellaneous
Industrial Adhesive Application Processes), and 9VAC5-40-8940
(Miscellaneous Metal Parts and Products Coating Application Systems) in
section 52.2420, which corrects the deficiency in the Virginia SIP, as
set forth below in the amendments to 40 CFR part 52. EPA has made, and
will continue to make, these materials generally available through
www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the For Further Information Contact section of
this preamble for more information). 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 in the next update to the SIP compilation.\4\
---------------------------------------------------------------------------
\4\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VII. 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 (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); and
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.
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).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The VADEQ did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action. Due
to the nature of the action being taken here, this action is expected
to have a neutral to positive impact on the air quality of the affected
area. Consideration of EJ is not required as part of this action, and
there is no information in the record inconsistent with the stated goal
of E.O. 12898 of achieving environmental justice for people of color,
low-income populations, and Indigenous peoples.
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
[[Page 40718]]
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 August 21, 2023. 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 which corrects the deficiencies in Virginia's SIP
identified in the 2015 SSM SIP Action 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, Reporting and recordkeeping requirements.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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.
Subpart VV--Virginia
0
2. In Sec. 52.2420, the table in paragraph (c) is amended by:
0
a. Revising the entry ``5-20-180'';
0
b. Adding the entry ``5-40-8416'' in numerical order under 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)'';
0
c. Adding the entry ``5-40-8470'' in numerical order under 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)'';
0
d. Adding the entry ``8-40-8640'' in numerical order under 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)'';
0
e. Adding the entry ``5-40-8790'' in numerical order under 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)'';
0
f. Removing the subject 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 adding the subject 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-
59)'' in its place; and
0
g. Adding the entry ``5-40-8940'' in numerical order under the new
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 4-59)''.
The revision and additions read as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State Explanation [former
State citation Title/subject effective date EPA approval date SIP citation]
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
9 VAC 5, Chapter 20 General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part II Air Quality Programs
----------------------------------------------------------------------------------------------------------------
* * * * * * *
5-20-180..................... Facility and control 6/1/2016 6/22/2023, [INSERT Revised 9VAC5-20-
equipment FEDERAL REGISTER 180(A) through
maintenance or CITATION]. 9VAC5-20-180(D) and
malfunction. 9VAC5-20-180(F)
through 9VAC5-20-
180(J).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
9 VAC 5, Chapter 40 Existing Stationary Sources [Part IV]
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part II Emission Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
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)
----------------------------------------------------------------------------------------------------------------
[[Page 40719]]
* * * * * * *
5-40-8416.................... Facility and control 2/1/2016 6/22/2023, [INSERT Added.
equipment FEDERAL REGISTER
maintenance or CITATION].
malfunction.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
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)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
5-40-8470.................... Facility and control 2/1/2016 6/22/2023, [INSERT Added.
equipment FEDERAL REGISTER
maintenance or CITATION].
malfunction.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
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)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
8-40-8640.................... Facility and control 2/1/2016 6/22/2023, [INSERT Added.
equipment FEDERAL REGISTER
maintenance or CITATION].
malfunction.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
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)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
5-40-8790.................... Facility and control 2/1/2016 6/22/2023, [INSERT Added.
equipment FEDERAL REGISTER
maintenance or CITATION].
malfunction.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
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 4-59)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
5-40-8940.................... Facility and control 2/1/2016 6/22/2023, [INSERT Added.
equipment FEDERAL REGISTER
maintenance or CITATION].
malfunction.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-13147 Filed 6-21-23; 8:45 am]
BILLING CODE 6560-50-P
