80 FR 13510 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Consumer and Commercial Products, and Mobile Equipment Repair and Refinishing Operations
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 50 (March 16, 2015)
Federal Register Volume 80, Issue 50 (March 16, 2015)
| Page Range | 13510-13512 | |
| FR Document | 2015-05836 |
[Federal Register Volume 80, Number 50 (Monday, March 16, 2015)] [Proposed Rules] [Pages 13510-13512] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-05836] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2014-0816; FRL-9924-37-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Consumer and Commercial Products, and Mobile Equipment Repair and Refinishing Operations AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. This revision consists of amendments to Virginia's regulation for consumer and commercial products in order to apply provisions pertaining to portable fuel containers, consumer and commercial products, architectural and industrial maintenance coatings, adhesives, adhesive primers, sealants, and sealant primers to the Richmond volatile organic compound (VOC) Emissions Control Area. The revision also consists of amendments to Virginia's regulation for existing stationary sources to apply provisions pertaining to mobile equipment repair and refinishing operations in the Richmond VOC Emissions Control Area. This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before April 15, 2015. ADDRESSES: Submit your comments, identified by Docket ID Number EPA- R03-OAR-2014-0816 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. Email: powers.marilyn@epa.gov C. Mail: EPA-R03-OAR-2014-0816, Marilyn Powers, Acting Associate Director, Office of Air Program Planning, Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania. D. Hand Delivery: At the previously-listed EPA Region III address. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA-R03-OAR- 2014-0816. EPA's policy is that all comments received will be included in the public docket without change, and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Virginia Department of Environmental Quality, 629 East Main Street, Richmond, Virginia 23219. FOR FURTHER INFORMATION CONTACT: Leslie Jones Doherty, (215) 814-3409 or by email at jones.leslie@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On January 26, 2012 (77 FR 3928), EPA issued a final rulemaking notice (FRN) approving a new chapter, 9VAC5 Chapter 45--Consumer and Commercial Products, for inclusion in the Virginia SIP in order to control VOC emissions from various consumer and commercial products within the Northern Virginia and Fredericksburg VOC Emissions Control Areas.\1\ On April 10, 2014, the Virginia Department of Environmental Quality (VADEQ) submitted a revision to the Virginia SIP. The SIP revision consists of amendments to 9VAC5 Chapter 45 in order to apply provisions pertaining to certain types of consumer and commercial products to the Richmond VOC Emissions Control Area. --------------------------------------------------------------------------- \1\ ``VOC Emissions Control Area'' in Virginia is defined by 9VAC5-20-206 as certain control areas by geographic location. --------------------------------------------------------------------------- On June 22, 2004 (69 FR 35253), EPA issued a direct final rulemaking approving a new article, Article 48 of 9VAC5 Chapter 40-- Existing Stationary Sources, for inclusion in the Virginia SIP which established emissions standards for mobile equipment repair and refinishing operations in the Northern Virginia VOC Emissions Control Area. This SIP revision consists of amendments to Article 48 of 9VAC5 Chapter 40--Existing Stationary Sources to apply provisions pertaining to mobile equipment repair and refinishing operations in the Richmond VOC Emissions Control Area. II. Summary of SIP Revision The SIP revision consists of amendments to 9VAC5 Chapter 45-- Consumer and Commercial Products in order to apply provisions pertaining to portable fuel containers, consumer and commercial products, architectural and [[Page 13511]] industrial maintenance coatings, adhesives, adhesive primers, sealants, and sealant primers to the Richmond VOC Emissions Control Area. This revision also amends Article 48 of 9VAC5 Chapter 40--Existing Stationary Sources to apply provisions pertaining to mobile equipment repair and refinishing operations in the Richmond VOC Emissions Control Area. Also, the SIP revision includes revised compliance dates for Chapters 40 and 45 and retains in Chapter 45 a temporary exemption for the manufacture and distribution of single-ply roof membrane adhesives and sealants. 9VAC5 Chapter 40, Article 48 extends the emissions standards for mobile equipment repair and refinishing operations to include the Richmond VOC Emissions Control Area. A compliance date of March 1, 2014 was established for the Richmond VOC Emissions Control Area under section 9VAC5-40-7050--Compliance schedules. In addition, Subsection C of 9VAC5-40-6970--Applicability and designation of affected facility has moved to a new section 9VAC5-40-6975--Exemptions which lists exemptions to Article 48. 9VAC5 Chapter 45, Article 1--Emissions Standards for Portable Fuel Containers and Spouts Manufactured before August 1, 2010 and Article 2--Emissions Standards for Portable Fuel Containers and Spouts Manufactured on or after August 1, 2010 were amended in order to make administrative changes for clarity, style and format. Article 2 was also amended to change the applicability and compliance schedules to include the Richmond VOC Emissions Control Area. August 1, 2010 was retained as a compliance date for the Northern Virginia and Fredericksburg VOC Emissions Control Areas and a compliance date of March 1, 2014 was added for the Richmond VOC Emissions Control Area. 9VAC5 Chapter 45, Article 3--Emission Standards for Consumer Products Manufactured before August 1, 2010 and Article 4--Emission Standards for Consumer Products Manufactured on or after August 1, 2010, were amended in order to make administrative changes for clarity, style and format. Article 4 was amended to apply provisions to the Richmond VOC Emissions Control Area. The compliance date of August 1, 2010 was retained for the Northern Virginia and Fredericksburg VOC Emissions Control Areas and a compliance date of March 1, 2014 was added for the Richmond VOC Emissions Control Area. 9VAC5 Chapter 45, Article 5--Emission Standards for Architectural and Industrial Maintenance Coatings and Article 6--Emission Standards for Adhesives and Sealants were both amended to apply provisions to the Richmond VOC Emissions Control Area. In Article 5, the compliance date of March 1, 2014 was added for the Richmond VOC Emission Control Area. In Article 6, the compliance date of August 1, 2010 was retained for the Northern Virginia and Fredericksburg VOC Emission Control Areas and the compliance date of March 1, 2014 was added for the Richmond VOC Emissions Control Area. In Article 6, a temporary exemption for single- ply roof membrane adhesive, sealant and primer was amended for the Northern Virginia and Fredericksburg VOC Emissions Control Areas to apply the standard during the ozone seasons between August 1, 2010 and September 30, 2011 and on and after January 1, 2012. The temporary exemption was extended to the Richmond VOC Emission Control Area where the standard applies during the ozone season between March 1, 2014 and September 30, 2014 and after January 1, 2015. Administrative changes were also made in Article 6 for clarity. III. Proposed Action EPA is proposing to approve the April 10, 2014 Virginia SIP revision which extends provisions for the control of VOC emissions from certain types of consumer and commercial products and existing mobile equipment repair and refinishing operations to the Richmond VOC Emissions Control Area. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. 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 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 [[Page 13512]] 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 proposed action, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the VADEQ Regulations described in the proposed amendments to 40 CFR part 52. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). VI. Statutory and Executive Order Reviews 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 proposed action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the 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). In addition, this proposed rule, pertaining to Virginia's control of VOC emissions from commercial and consumer products and existing stationary sources, does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Ozone, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: February 20, 2015. William C. Early, Acting, Regional Administrator, Region III. [FR Doc. 2015-05836 Filed 3-13-15; 8:45 am] BILLING CODE 6560-50-P
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environmental assessment nor an DATES: Written comments must be information whose disclosure is
environmental impact statement is received on or before April 15, 2015. restricted by statute. Certain other
required. ADDRESSES: Submit your comments, material, such as copyrighted material,
identified by Docket ID Number EPA– is not placed on the Internet and will be
V. Comments
R03–OAR–2014–0816 by one of the publicly available only in hard copy
Interested persons may submit either following methods: form. Publicly available docket
electronic comments to http:// A. www.regulations.gov. Follow the materials are available either
www.regulations.gov or written on-line instructions for submitting electronically in www.regulations.gov or
comments to the Division of Dockets comments. in hard copy during normal business
Management (see ADDRESSES). It is only B. Email: powers.marilyn@epa.gov hours at the Air Protection Division,
necessary to send one set of comments. C. Mail: EPA–R03–OAR–2014–0816, U.S. Environmental Protection Agency,
Identify comments with the docket Marilyn Powers, Acting Associate Region III, 1650 Arch Street,
number found in brackets in the Director, Office of Air Program Philadelphia, Pennsylvania 19103.
heading of this document. Received Planning, Mailcode 3AP30, U.S. Copies of the State submittal are
comments may be seen in the Division Environmental Protection Agency, available at the Virginia Department of
of Dockets Management between 9 a.m. Region III, 1650 Arch Street, Environmental Quality, 629 East Main
and 4 p.m., Monday through Friday, and Philadelphia, Pennsylvania. Street, Richmond, Virginia 23219.
will be posted to the docket at http:// D. Hand Delivery: At the previously- FOR FURTHER INFORMATION CONTACT:
www.regulations.gov. listed EPA Region III address. Such Leslie Jones Doherty, (215) 814–3409 or
Dated: March 9, 2015. deliveries are only accepted during the by email at jones.leslie@epa.gov.
Leslie Kux, Docket’s normal hours of operation, and SUPPLEMENTARY INFORMATION:
Associate Commissioner for Policy. special arrangements should be made I. Background
[FR Doc. 2015–05937 Filed 3–13–15; 8:45 am] for deliveries of boxed information.
Instructions: Direct your comments to On January 26, 2012 (77 FR 3928),
BILLING CODE 4164–01–P
Docket ID No. EPA–R03–OAR–2014– EPA issued a final rulemaking notice
0816. EPA’s policy is that all comments (FRN) approving a new chapter, 9VAC5
received will be included in the public Chapter 45—Consumer and Commercial
ENVIRONMENTAL PROTECTION docket without change, and may be Products, for inclusion in the Virginia
AGENCY made available online at SIP in order to control VOC emissions
www.regulations.gov, including any from various consumer and commercial
40 CFR Part 52 personal information provided, unless products within the Northern Virginia
the comment includes information and Fredericksburg VOC Emissions
[EPA–R03–OAR–2014–0816; FRL–9924–37– claimed to be Confidential Business Control Areas.1 On April 10, 2014, the
Region 3] Information (CBI) or other information Virginia Department of Environmental
whose disclosure is restricted by statute. Quality (VADEQ) submitted a revision
Approval and Promulgation of Air to the Virginia SIP. The SIP revision
Do not submit information that you
Quality Implementation Plans; Virginia; consists of amendments to 9VAC5
consider to be CBI or otherwise
Consumer and Commercial Products, Chapter 45 in order to apply provisions
protected through www.regulations.gov
and Mobile Equipment Repair and pertaining to certain types of consumer
or email. The www.regulations.gov Web
Refinishing Operations and commercial products to the
site is an ‘‘anonymous access’’ system,
AGENCY: Environmental Protection which means EPA will not know your Richmond VOC Emissions Control Area.
Agency (EPA). identity or contact information unless On June 22, 2004 (69 FR 35253), EPA
you provide it in the body of your issued a direct final rulemaking
ACTION: Proposed rule.
comment. If you send an email approving a new article, Article 48 of
SUMMARY: The Environmental Protection comment directly to EPA without going 9VAC5 Chapter 40—Existing Stationary
Agency (EPA) is proposing to approve a through www.regulations.gov, your Sources, for inclusion in the Virginia
State Implementation Plan (SIP) email address will be automatically SIP which established emissions
revision submitted by the captured and included as part of the standards for mobile equipment repair
Commonwealth of Virginia. This comment that is placed in the public and refinishing operations in the
revision consists of amendments to docket and made available on the Northern Virginia VOC Emissions
Virginia’s regulation for consumer and Internet. If you submit an electronic Control Area. This SIP revision consists
commercial products in order to apply comment, EPA recommends that you of amendments to Article 48 of 9VAC5
provisions pertaining to portable fuel include your name and other contact Chapter 40—Existing Stationary Sources
containers, consumer and commercial information in the body of your to apply provisions pertaining to mobile
products, architectural and industrial comment and with any disk or CD–ROM equipment repair and refinishing
maintenance coatings, adhesives, you submit. If EPA cannot read your operations in the Richmond VOC
adhesive primers, sealants, and sealant comment due to technical difficulties Emissions Control Area.
primers to the Richmond volatile and cannot contact you for clarification, II. Summary of SIP Revision
organic compound (VOC) Emissions EPA may not be able to consider your
The SIP revision consists of
Control Area. The revision also consists comment. Electronic files should avoid
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amendments to 9VAC5 Chapter 45—
of amendments to Virginia’s regulation the use of special characters, any form
Consumer and Commercial Products in
for existing stationary sources to apply of encryption, and be free of any defects
order to apply provisions pertaining to
provisions pertaining to mobile or viruses.
portable fuel containers, consumer and
equipment repair and refinishing Docket: All documents in the
commercial products, architectural and
operations in the Richmond VOC electronic docket are listed in the
Emissions Control Area. This action is www.regulations.gov index. Although 1 ‘‘VOC Emissions Control Area’’ in Virginia is
being taken under the Clean Air Act listed in the index, some information is defined by 9VAC5–20–206 as certain control areas
(CAA). not publicly available, i.e., CBI or other by geographic location.
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industrial maintenance coatings, and Industrial Maintenance Coatings Environmental Assessment Privilege
adhesives, adhesive primers, sealants, and Article 6—Emission Standards for Law, Va. Code Sec. 10.1–1198, provides
and sealant primers to the Richmond Adhesives and Sealants were both a privilege that protects from disclosure
VOC Emissions Control Area. This amended to apply provisions to the documents and information about the
revision also amends Article 48 of Richmond VOC Emissions Control Area. content of those documents that are the
9VAC5 Chapter 40—Existing Stationary In Article 5, the compliance date of product of a voluntary environmental
Sources to apply provisions pertaining March 1, 2014 was added for the assessment. The Privilege Law does not
to mobile equipment repair and Richmond VOC Emission Control Area. extend to documents or information
refinishing operations in the Richmond In Article 6, the compliance date of that: (1) Are generated or developed
VOC Emissions Control Area. Also, the August 1, 2010 was retained for the before the commencement of a
SIP revision includes revised Northern Virginia and Fredericksburg voluntary environmental assessment; (2)
compliance dates for Chapters 40 and 45 VOC Emission Control Areas and the are prepared independently of the
and retains in Chapter 45 a temporary compliance date of March 1, 2014 was assessment process; (3) demonstrate a
exemption for the manufacture and added for the Richmond VOC Emissions clear, imminent and substantial danger
distribution of single-ply roof membrane Control Area. In Article 6, a temporary to the public health or environment; or
adhesives and sealants. exemption for single-ply roof membrane (4) are required by law.
9VAC5 Chapter 40, Article 48 extends adhesive, sealant and primer was On January 12, 1998, the
the emissions standards for mobile amended for the Northern Virginia and Commonwealth of Virginia Office of the
equipment repair and refinishing Fredericksburg VOC Emissions Control Attorney General provided a legal
operations to include the Richmond Areas to apply the standard during the opinion that states that the Privilege
VOC Emissions Control Area. A ozone seasons between August 1, 2010 law, Va. Code Sec. 10.1–1198, precludes
compliance date of March 1, 2014 was and September 30, 2011 and on and granting a privilege to documents and
established for the Richmond VOC after January 1, 2012. The temporary information ‘‘required by law,’’
Emissions Control Area under section exemption was extended to the including documents and information
9VAC5–40–7050—Compliance Richmond VOC Emission Control Area ‘‘required by Federal law to maintain
schedules. In addition, Subsection C of where the standard applies during the program delegation, authorization or
9VAC5–40–6970—Applicability and ozone season between March 1, 2014 approval,’’ since Virginia must ‘‘enforce
designation of affected facility has and September 30, 2014 and after Federally authorized environmental
moved to a new section 9VAC5–40– January 1, 2015. Administrative changes programs in a manner that is no less
6975—Exemptions which lists were also made in Article 6 for clarity. stringent than their Federal
exemptions to Article 48. counterparts. . . .’’ The opinion
9VAC5 Chapter 45, Article 1— III. Proposed Action concludes that ‘‘[r]egarding § 10.1–1198,
Emissions Standards for Portable Fuel EPA is proposing to approve the April therefore, documents or other
Containers and Spouts Manufactured 10, 2014 Virginia SIP revision which information needed for civil or criminal
before August 1, 2010 and Article 2— extends provisions for the control of enforcement under one of these
Emissions Standards for Portable Fuel VOC emissions from certain types of programs could not be privileged
Containers and Spouts Manufactured on consumer and commercial products and because such documents and
or after August 1, 2010 were amended existing mobile equipment repair and information are essential to pursuing
in order to make administrative changes refinishing operations to the Richmond enforcement in a manner required by
for clarity, style and format. Article 2 VOC Emissions Control Area. EPA is Federal law to maintain program
was also amended to change the soliciting public comments on the delegation, authorization or approval.’’
applicability and compliance schedules issues discussed in this document. Virginia’s Immunity law, Va. Code
to include the Richmond VOC These comments will be considered Sec. 10.1–1199, provides that ‘‘[t]o the
Emissions Control Area. August 1, 2010 before taking final action. extent consistent with requirements
was retained as a compliance date for imposed by Federal law,’’ any person
IV. General Information Pertaining to
the Northern Virginia and making a voluntary disclosure of
SIP Submittals From the
Fredericksburg VOC Emissions Control information to a state agency regarding
Commonwealth of Virginia
Areas and a compliance date of March a violation of an environmental statute,
1, 2014 was added for the Richmond In 1995, Virginia adopted legislation regulation, permit, or administrative
VOC Emissions Control Area. that provides, subject to certain order is granted immunity from
9VAC5 Chapter 45, Article 3— conditions, for an environmental administrative or civil penalty. The
Emission Standards for Consumer assessment (audit) ‘‘privilege’’ for Attorney General’s January 12, 1998
Products Manufactured before August 1, voluntary compliance evaluations opinion states that the quoted language
2010 and Article 4—Emission Standards performed by a regulated entity. The renders this statute inapplicable to
for Consumer Products Manufactured legislation further addresses the relative enforcement of any Federally authorized
on or after August 1, 2010, were burden of proof for parties either programs, since ‘‘no immunity could be
amended in order to make asserting the privilege or seeking afforded from administrative, civil, or
administrative changes for clarity, style disclosure of documents for which the criminal penalties because granting
and format. Article 4 was amended to privilege is claimed. Virginia’s such immunity would not be consistent
apply provisions to the Richmond VOC legislation also provides, subject to with Federal law, which is one of the
Emissions Control Area. The certain conditions, for a penalty waiver criteria for immunity.’’
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compliance date of August 1, 2010 was for violations of environmental laws Therefore, EPA has determined that
retained for the Northern Virginia and when a regulated entity discovers such Virginia’s Privilege and Immunity
Fredericksburg VOC Emissions Control violations pursuant to a voluntary statutes will not preclude the
Areas and a compliance date of March compliance evaluation and voluntarily Commonwealth from enforcing its
1, 2014 was added for the Richmond discloses such violations to the program consistent with the Federal
VOC Emissions Control Area. Commonwealth and takes prompt and requirements. In any event, because
9VAC5 Chapter 45, Article 5— appropriate measures to remedy the EPA has also determined that a state
Emission Standards for Architectural violations. Virginia’s Voluntary audit privilege and immunity law can
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affect only state enforcement and cannot Order 13132 (64 FR 43255, August 10, Management District (SCAQMD) and
have any impact on Federal 1999); Sacramento Metropolitan Air Quality
enforcement authorities, EPA may at • is not an economically significant Management District (SMAQMD)
any time invoke its authority under the regulatory action based on health or portions of the California State
CAA, including, for example, sections safety risks subject to Executive Order Implementation Plan (SIP). These
113, 167, 205, 211 or 213, to enforce the 13045 (62 FR 19885, April 23, 1997); revisions concern particulate matter
requirements or prohibitions of the state • is not a significant regulatory action (PM) emissions from particulate matter
plan, independently of any state subject to Executive Order 13211 (66 FR air pollution control devices and
enforcement effort. In addition, citizen 28355, May 22, 2001); residential wood burning. We are
enforcement under section 304 of the • is not subject to requirements of proposing to approve these local rules
CAA is likewise unaffected by this, or Section 12(d) of the National that regulate these emission sources
any, state audit privilege or immunity Technology Transfer and Advancement under the Clean Air Act (CAA or the
law. Act of 1995 (15 U.S.C. 272 note) because Act).
application of those requirements would DATES: Any comments on this proposal
V. Incorporation by Reference
be inconsistent with the CAA; and must arrive by April 15, 2015.
In this proposed action, the EPA is • does not provide EPA with the
proposing to include in a final EPA rule ADDRESSES: Submit comments,
discretionary authority to address, as
regulatory text that includes identified by docket number EPA–09–
appropriate, disproportionate human
incorporation by reference. In OAR–2014, by one of the following
health or environmental effects, using
accordance with requirements of 1 CFR methods:
practicable and legally permissible 1. Federal eRulemaking Portal:
51.5, the EPA is proposing to methods, under Executive Order 12898
incorporate by reference the VADEQ www.regulations.gov. Follow the on-line
(59 FR 7629, February 16, 1994). instructions.
Regulations described in the proposed In addition, this proposed rule,
amendments to 40 CFR part 52. The 2. Email: steckel.andrew@epa.gov.
pertaining to Virginia’s control of VOC 3. Mail or deliver: Andrew Steckel
EPA has made, and will continue to emissions from commercial and (Air–4), U.S. Environmental Protection
make, these documents generally consumer products and existing Agency Region IX, 75 Hawthorne Street,
available electronically through stationary sources, does not have tribal San Francisco, CA 94105–3901.
www.regulations.gov and/or in hard implications as specified by Executive Instructions: All comments will be
copy at the appropriate EPA office (see Order 13175 (65 FR 67249, November 9, included in the public docket without
the ADDRESSES section of this preamble 2000), because the SIP is not approved change and may be made available
for more information). to apply in Indian country located in the online at www.regulations.gov,
VI. Statutory and Executive Order state, and EPA notes that it will not including any personal information
Reviews impose substantial direct costs on tribal provided, unless the comment includes
governments or preempt tribal law. Confidential Business Information (CBI)
Under the CAA, the Administrator is
required to approve a SIP submission List of Subjects in 40 CFR Part 52 or other information whose disclosure is
that complies with the provisions of the restricted by statute. Information that
Environmental protection, Air you consider CBI or otherwise protected
CAA and applicable Federal regulations. pollution control, Incorporation by
42 U.S.C. 7410(k); 40 CFR 52.02(a). should be clearly identified as such and
reference, Ozone, Volatile organic should not be submitted through
Thus, in reviewing SIP submissions, compounds.
EPA’s role is to approve state choices, www.regulations.gov or email.
provided that they meet the criteria of Authority: 42 U.S.C. 7401 et seq. www.regulations.gov is an ‘‘anonymous
the CAA. Accordingly, this action Dated: February 20, 2015. access’’ system, and EPA will not know
merely approves state law as meeting William C. Early, your identity or contact information
Federal requirements and does not unless you provide it in the body of
Acting, Regional Administrator, Region III.
impose additional requirements beyond your comment. If you send email
[FR Doc. 2015–05836 Filed 3–13–15; 8:45 am]
those imposed by state law. For that directly to EPA, your email address will
BILLING CODE 6560–50–P
reason, this proposed action: be automatically captured and included
• Is not a ‘‘significant regulatory as part of the public comment. If EPA
action’’ subject to review by the Office cannot read your comment due to
ENVIRONMENTAL PROTECTION
of Management and Budget under technical difficulties and cannot contact
AGENCY
Executive Order 12866 (58 FR 51735, you for clarification, EPA may not be
October 4, 1993); 40 CFR Part 52 able to consider your comment.
• does not impose an information Electronic files should avoid the use of
[EPA–R09–OAR–2014–0851; FRL–9923–06– special characters, any form of
collection burden under the provisions Region 9]
of the Paperwork Reduction Act (44 encryption, and be free of any defects or
U.S.C. 3501 et seq.); Revisions to the California State viruses.
• is certified as not having a Implementation Plan, South Coast Air
Docket: Generally, documents in the
significant economic impact on a docket for this action are available
Quality Management District and
substantial number of small entities electronically at www.regulations.gov
Sacramento Metropolitan Air Quality
under the Regulatory Flexibility Act and in hard copy at EPA Region IX, 75
Rmajette on DSK2VPTVN1PROD with PROPOSALS
Management District
(5 U.S.C. 601 et seq.); Hawthorne Street, San Francisco,
• does not contain any unfunded AGENCY: Environmental Protection California 94105–3901. While all
mandate or significantly or uniquely Agency (EPA). documents in the docket are listed at
affect small governments, as described ACTION: Proposed rule. www.regulations.gov, some information
in the Unfunded Mandates Reform Act may be publicly available only at the
of 1995 (Pub. L. 104–4); SUMMARY: The Environmental Protection hard copy location (e.g., copyrighted
• does not have Federalism Agency (EPA) is proposing to approve material, large maps), and some may not
implications as specified in Executive revisions to the South Coast Air Quality be publicly available in either location
VerDate Sep<11>2014 14:07 Mar 13, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\16MRP1.SGM 16MRP1](https://thefederalregister.org/doc/80_FR_13560/page/3.svg)
Document Created: 2018-02-21 09:38:07
Document Modified: 2018-02-21 09:38:07
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before April 15, 2015. | |
| Contact | Leslie Jones Doherty, (215) 814-3409 or by email at [email protected] | |
| FR Citation | 80 FR 13510 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Ozone and Volatile Organic Compounds |
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