[Federal Register Volume 72, Number 41 (Friday, March 2, 2007)]
[Rules and Regulations]
[Pages 9441-9445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3586]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2006-0921; FRL-8282-9]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Amendments to VOC and NOX Emission Control Areas and VOC
Control Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions
submitted by the Commonwealth of Virginia. These revisions amend
existing volatile organic compound (VOC) and nitrogen oxide
(NOX) emissions control areas, and amend certain VOC and
NOX regulations in order to manage the extension of
applicability of these provisions to the amended VOC and NOX
emission control areas. EPA is approving these revisions in accordance
with the requirements of the Clean Air Act (CAA).
EFFECTIVE DATE: This final rule is effective on April 2, 2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2006-0921. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
Virginia Department of Environmental Quality, 629 East Main Street,
Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT: Ellen Wentworth, (215) 814-2034, or by
e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On December 26, 2006 (71 FR 77353), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Virginia. The NPR
proposed approval of amendments to 9 VAC 5 Chapter 20, Volatile Organic
Compound and Nitrogen Oxides Emissions Control Areas, (9 VAC 5-20-206),
and also proposed approval of amendments to 9 VAC 5 Chapter 40,
Articles 4, Emission Standards for General Process Operations; Article
36, Emission Standards for Flexographic, Packaging Rotogravure, and
Publication Rotogravure Printing Lines; Article 37, Emission Standards
for Petroleum Liquid Storage and Transfer Operations; and Article 53,
Emission Standards for Lithographic Printing Processes. The formal SIP
revisions were submitted by the Commonwealth of Virginia on September
12, 2006, and October 2, 2006.
[[Page 9442]]
II. Summary of SIP Revisions
The September 12, 2006 formal SIP revision consists of amendments
to 9 VAC 5-20-206 of Chapter 20, Volatile Organic Compound and Nitrogen
Oxides Emission Control Areas. Specifically, this revision creates a
new VOC and NOX emissions control area (the Fredericksburg
Area), consisting of Spotsylvania County and Fredericksburg City, and
expands the existing Richmond VOC and NOX Emissions Control
Areas to include Prince George County and Petersburg City. In addition
this revision expands the existing Hampton Roads VOC and NOX
Emissions Control Areas to include Gloucester and Isle of Wight
Counties. These amendments are necessary to implement VOC control and
contingency measures within the 8-hour ozone nonattainment areas and 1-
hour ozone maintenance areas.
The October 2, 2006 formal SIP revision consists of amendments to 9
VAC 5 Chapter 40 that implement non-CTG and CTG VOC RACT control
requirements within those areas that are designated as VOC emissions
control areas. While most of the Chapter 40 rules apply to sources of
VOCs in VOC emissions control areas designated in Chapter 20, 9 VAC 5-
206, certain Chapter 40 rules (specifically Articles 4, 36, 37, and 53)
have provisions mandating that these regulations apply only to certain
VOC and NOX emission control areas. Article 4, Emission
Standards for General Process Operations is being amended to ensure
that VOC RACT is not required from large VOC sources in the new areas
within the expanded Richmond VOC Emissions Control Areas; Article 36,
Packaging and Publishing Rotogravure Printing, and Flexographic
Printing, is being amended to add appropriate exemptions for small
facilities in those VOC emissions control areas that currently have no
such exemptions; and Article 37, Storage or Transfer of Petroleum
Liquids, is also being amended to ensure that Stage II Vapor Recovery
is not required at gasoline dispensing stations in the new areas within
the expanded Richmond VOC Emissions Control Area. Lastly, Article 53,
Lithographic Printing, is being amended to apply in all VOC emissions
control areas instead of just in the Northern Virginia and Richmond VOC
Emissions Control Areas, and is also being amended to provide
appropriate exemptions for small facilities in the newly applicable VOC
emissions control areas. In this rulemaking, EPA is also recodifying
the lithographic printing rule (9 VAC 5-40-7800-7940, inclusive) as
Article 53 and Rule 4-53. Other specific requirements and the rationale
for EPA's proposed action are explained in the NPR and will not be
restated here. No public comments were received on the NPR.
III. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information (1) that are generated or developed
before the commencement of a voluntary environmental assessment; (2)
that are prepared independently of the assessment process; (3) that
demonstrate a clear, imminent and substantial danger to the public
health or environment; or (4) that are required by law.
On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law,Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts * * * .'' The opinion
concludes that ``[r]egarding Sec. 10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the Clean Air Act, including, for example, sections 113, 167, 205, 211
or 213, to enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the Clean Air Act is likewise
unaffected by this, or any, state audit privilege or immunity law.
IV. Final Action
EPA is approving Virginia SIP revisions submitted on September 12,
and October 2, 2006, amending the VOC and NOX emission
control areas found in Chapter 20, and amending certain provisions
found in Chapter 40 which implement non-CTG and CTG VOC RACT control
requirements within certain areas designated as VOC emissions control
areas.
V. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That
[[Page 9443]]
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001). This action merely approves state law as meeting
Federal requirements and imposes no additional requirements beyond
those imposed by state law. Accordingly, the Administrator certifies
that this rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing
requirements under state law and does not impose any additional
enforceable duty beyond that required by state law, it 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). This rule also does not have tribal implications
because it will 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, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000). This action also
does not have Federalism implications because it does not have
substantial direct effects 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, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This
action merely approves a state rule implementing a Federal requirement,
and does not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. This rule also is
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997),
because it approves a state rule implementing a Federal standard.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 rule 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 1, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action, pertaining to amendments to Chapter 20 and
Chapter 40 of Virginia's regulations, 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, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: February 21, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
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40 CFR Part 52 is amended as follows:
PART 52--[AMENDED]
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1. The authority citation for 40 CFR part 52 continues to read as
follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart VV--Virginia
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2. In Sec. 52.2420, the table in paragraph (c) is amended by:
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a. Revising the entries for 5-20-206, 5-40-300, 5-40-5060, and 5-40-
5200.
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b. For Chapter 40, Part II, removing the entry for Article 45 and
replacing it with an entry for Article 53.
Sec. 52.2420 Identification of plan.
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(c) * * *
EPA-Approved Virginia Regulations and Statutes
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State Explanation [former
State citation (9 VAC 5) Title/subject effective date EPA approval date SIP citation]
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Chapter 20--General Provisions
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Part II--Air Quality Programs
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* * * * * * *
5-20-206....................... Volatile organic 10/04/06 3/2/07 [Insert page Addition of new
compound and number where the Fredericksburg
nitrogen oxides document begins]. area and expansion
emissions control of Richmond and
areas. Hampton Roads
emission control
areas
[[Page 9444]]
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Chapter 40--Existing Stationary Sources
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* * * * * * *
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Part II--Emission Standards
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* * * * * * *
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Article 4--Emission Standards for General Process Operations (Rule 4-4)
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* * * * * * *
5-40-300....................... Standard for 10/04/06 3/2/07 [Insert page
volatile organic number where the
compounds. document begins.
* * * * * * *
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Article 36--Flexographic, Packaging Rotogravure, and Publication Rotogravure Printing Lines (Rule 4-36)
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5-40-5060...................... Applicability and 04/01/96 3/2/07 [Insert page
designation of 10/04/06 number where the
affected facility. document begins.
* * * * * * *
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Article 37--Emission Standards for Petroleum Liquid Storage and Transfer Operations (Rule 4-37)
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5-40-5200...................... Applicability and 04/01/96 3/2/07 [Insert page
designation of 10/04/06 number where the
affected facility. document begins.
* * * * * * *
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Article 53--Emission Standards for Lithographic Printing Processes (Rule 4-53) [Formerly Article 45]
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5-40-7800...................... Applicability and 10/04/06 3/2/07 [Insert page Revised to include
designation of number where the and exempt certain
affected facility. document begins. emission control
areas.
5-40-7810...................... Definitions of 04/01/96 3/2/07 Insert page
``alcohol,'' 10/04/06 number where the
``Cleaning document begins.
solution,''
``fountain
solution,''
``lithographic
printing,''
``printing
process''.
5-40-7820...................... Standard for 04/01/96 3/2/07 Insert page
Volatile Organic 10/04/06 number where the
Compounds. document begins.
5-40-7840...................... Standard for Visible 04/01/96 3/2/07 [Insert page
Emissions. 10/04/06 number where the
document begins.
5-40-7850...................... Standard for 04/01/96 3/2/07 [Insert page
Fugitive Dust 10/04/06 number where the
Emissions. document begins.
5-40-7880...................... Compliance.......... 10/04/06 3/2/07 [Insert page Revisions to
number where the compliance dates.
document begins.
5-40-7890...................... Test Methods and 04/01/96 3/2/07 [Insert page
Procedures. 10/04/06 number where the
document begins.
5-40-7900...................... Monitoring.......... 04/01/96 3/2/07 [Insert page
10/04/06 number where the
document begins.
5-40-7910...................... Notification, 04/01/96 3/2/07 [Insert page
Records and 10/04/06 number where the
Reporting. document begins.
5-40-7920...................... Registration........ 04/01/96 3/2/07 [Insert page
10/04/06 number where the
document begins.
5-40-7930...................... Facility and Control 04/01/96 3/2/07 [Insert page
Equipment 10/04/06 number where the
Maintenance and document begins.
Malfunction.
5-40-7940...................... Permits............. 04/01/96 3/2/07 [Insert page
10/04/06 number where the
document begins.
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[[Page 9445]]
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[FR Doc. E7-3586 Filed 3-1-07; 8:45 am]
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