80 FR 42044 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revision to the Definition of Volatile Organic Compounds

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 136 (July 16, 2015)

Page Range		42044-42046
FR Document		2015-17386

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Commonwealth of Virginia's State Implementation Plan (SIP). The revision adds two compounds to the list of substances not considered to be volatile organic compounds (VOC). EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 80 Issue 136 (Thursday, July 16, 2015)

[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Rules and Regulations]
[Pages 42044-42046]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-17386]

[[Page 42044]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0360; FRL-9930-63-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Revision to the Definition of Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a revision to the Commonwealth of Virginia's
State Implementation Plan (SIP). The revision adds two compounds to the
list of substances not considered to be volatile organic compounds
(VOC). EPA is approving these revisions in accordance with the
requirements of the Clean Air Act (CAA).

DATES: This rule is effective on September 14, 2015 without further
notice, unless EPA receives adverse written comment by August 17, 2015.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2015-0360 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2015-0360, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Air Protection Division,
Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania 19103.
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-
2015-0360. 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: Irene Shandruk, (215) 814-2166, or by
email at shandruk.irene@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

Tropospheric ozone, commonly known as smog, is formed when VOCs and
nitrogen oxides react in the atmosphere in the presence of sunlight.
Because of the harmful health effects of ozone, EPA and state
governments limit the amount of VOCs that can be released into the
atmosphere. VOCs have different levels of reactivity, that is, some
VOCs react slowly or form less ozone, and therefore, changes in their
emissions have limited effects on local or regional ozone pollution
episodes. It has been EPA's policy that VOCs with a negligible level of
reactivity should be excluded from the regulatory definition of VOC
contained at 40 CFR 51.100(s) so as to focus control efforts on
compounds that do significantly increase ozone concentrations. This is
accomplished by adding the substance to a list of compounds not
considered to be VOCs, and thus, excluded from the definition of VOC.
EPA believes that exempting such compounds creates an incentive for
industry to use negligibly reactive compounds in place of more highly
reactive compounds that are regulated as VOCs. On August 28, 2013 (78
FR 53029) and October 22, 2013 (78 FR 62451), EPA revised the
definition of VOC contained in 40 CFR 51.100 to exclude two substances
from the definition of VOC. The compounds excluded from the definition
of VOC are trans 1-chloro-3,3,3-trifluoroprop-1-ene (also known as
Solstice\TM\ 1233zd(E)) and 2,3,3,3-tetrafluoropropene (also known as
HFO-1234yf).

II. Summary of SIP Revision

On May 7, 2015, the Commonwealth of Virginia submitted a formal
revision to its SIP which consists of adding two additional compounds
to the list of substances that are not considered VOCs found at 9VAC5-
10-20. These compounds are trans 1-chloro-3,3,3-trifluoroprop-1-ene
(also known as Solstice\TM\ 1233zd(E)) and 2,3,3,3-tetrafluoropropene
(also known as HFO-1234yf). The May 7, 2015 SIP revision will allow the
Virginia SIP to mirror the Federal definition of VOC. EPA believes that
by excluding these negligibly reactive compounds from the definition of
VOC an incentive is created for industry to use negligibly reactive
compounds in place of more highly reactive compounds; therefore, the
air quality in Virginia will not be negatively affected by the approval
of these SIP revisions particularly as EPA has found these compounds
negligibly reactive for ozone formation.

III. Final Action

EPA is approving the SIP revision to the definition of VOC
submitted by Virginia on May 7, 2015. EPA is publishing this rule
without prior proposal because EPA views this as a noncontroversial
amendment and anticipates no adverse comment. However, in the
``Proposed Rules'' section of today's Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed. This rule will
be effective on September 14, 2015 without further

[[Page 42045]]

notice unless EPA receives adverse comment by August 17, 2015. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.

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 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 rulemaking action, EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, EPA is finalizing the incorporation by reference of the
definition of VOCs as described in section II of this rulemaking
action. 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

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 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 rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct

[[Page 42046]]

costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 14, 2015. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking action.
This action, revising the definition of VOCs, 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, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

Dated: July 7, 2015.
William C. Early,
Acting Regional Administrator, Region III.

40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart VV--Virginia

0
2. In Sec. 52.2420, the table in paragraph (c) is amended by adding a
new entry for ``Section 5-10-20'' immediately after the existing
entries for ``Section 5-10-20'' to read as follows:

Sec. 52.2420 Identification of plan.

* * * * *
(c) * * *

EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
Explanation
State citation Title/subject State effective EPA approval date [former SIP
date citation]
----------------------------------------------------------------------------------------------------------------
9 VAC 5, Chapter 10 General Definitions [Part I]
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
5-10-20......................... Terms Defined...... 3/12/15 7/16/15 [Insert Definition of VOC
Federal Register is revised by
citation]. adding two
chemicals (trans 1-
chloro-3,3,3-
trifluoroprop-1-
ene and 2,3,3,3-
tetrafluoropropene
) to the list of
substances not
considered to be
VOCs.
----------------------------------------------------------------------------------------------------------------

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

* * * * *

[FR Doc. 2015-17386 Filed 7-15-15; 8:45 am]
BILLING CODE 6560-50-P

42044 Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations

ENVIRONMENTAL PROTECTION Do not submit information that you or regional ozone pollution episodes. It
AGENCY consider to be CBI or otherwise has been EPA’s policy that VOCs with
protected through www.regulations.gov a negligible level of reactivity should be
40 CFR Part 52 or email. The www.regulations.gov Web excluded from the regulatory definition
[EPA–R03–OAR–2015–0360; FRL–9930–63– site is an ‘‘anonymous access’’ system, of VOC contained at 40 CFR 51.100(s) so
Region 3] which means EPA will not know your as to focus control efforts on compounds
identity or contact information unless that do significantly increase ozone
Approval and Promulgation of Air you provide it in the body of your concentrations. This is accomplished by
Quality Implementation Plans; Virginia; comment. If you send an email adding the substance to a list of
Revision to the Definition of Volatile comment directly to EPA without going compounds not considered to be VOCs,
Organic Compounds through www.regulations.gov, your and thus, excluded from the definition
email address will be automatically of VOC. EPA believes that exempting
AGENCY: Environmental Protection captured and included as part of the such compounds creates an incentive
Agency (EPA). comment that is placed in the public for industry to use negligibly reactive
ACTION: Direct final rule. docket and made available on the compounds in place of more highly
Internet. If you submit an electronic reactive compounds that are regulated
SUMMARY: The Environmental Protection
comment, EPA recommends that you as VOCs. On August 28, 2013 (78 FR
Agency (EPA) is taking direct final
include your name and other contact 53029) and October 22, 2013 (78 FR
action to approve a revision to the
information in the body of your 62451), EPA revised the definition of
Commonwealth of Virginia’s State
comment and with any disk or CD–ROM VOC contained in 40 CFR 51.100 to
Implementation Plan (SIP). The revision
you submit. If EPA cannot read your exclude two substances from the
adds two compounds to the list of
comment due to technical difficulties definition of VOC. The compounds
substances not considered to be volatile excluded from the definition of VOC are
organic compounds (VOC). EPA is and cannot contact you for clarification,
EPA may not be able to consider your trans 1-chloro-3,3,3-trifluoroprop-1-ene
approving these revisions in accordance (also known as SolsticeTM 1233zd(E))
with the requirements of the Clean Air comment. Electronic files should avoid
the use of special characters, any form and 2,3,3,3-tetrafluoropropene (also
Act (CAA). known as HFO-1234yf).
of encryption, and be free of any defects
DATES: This rule is effective on
or viruses. II. Summary of SIP Revision
September 14, 2015 without further
Docket: All documents in the
notice, unless EPA receives adverse On May 7, 2015, the Commonwealth
electronic docket are listed in the
written comment by August 17, 2015. If of Virginia submitted a formal revision
www.regulations.gov index. Although
EPA receives such comments, it will to its SIP which consists of adding two
listed in the index, some information is
publish a timely withdrawal of the additional compounds to the list of
not publicly available, i.e., CBI or other
direct final rule in the Federal Register substances that are not considered VOCs
information whose disclosure is
and inform the public that the rule will found at 9VAC5–10–20. These
restricted by statute. Certain other
not take effect. compounds are trans 1-chloro-3,3,3-
material, such as copyrighted material,
ADDRESSES: Submit your comments, trifluoroprop-1-ene (also known as
is not placed on the Internet and will be
identified by Docket ID Number EPA– SolsticeTM 1233zd(E)) and 2,3,3,3-
publicly available only in hard copy
R03–OAR–2015–0360 by one of the tetrafluoropropene (also known as HFO-
form. Publicly available docket
following methods: 1234yf). The May 7, 2015 SIP revision
materials are available either
A. www.regulations.gov. Follow the will allow the Virginia SIP to mirror the
electronically in www.regulations.gov or
on-line instructions for submitting Federal definition of VOC. EPA believes
in hard copy during normal business that by excluding these negligibly
comments.
B. Email: fernandez.cristina@epa.gov. hours at the Air Protection Division, reactive compounds from the definition
C. Mail: EPA–R03–OAR–2015–0360, U.S. Environmental Protection Agency, of VOC an incentive is created for
Cristina Fernandez, Associate Director, Region III, 1650 Arch Street, industry to use negligibly reactive
Office of Air Program Planning, Air Philadelphia, Pennsylvania 19103. compounds in place of more highly
Protection Division, Mailcode 3AP30, Copies of the State submittal are reactive compounds; therefore, the air
U.S. Environmental Protection Agency, available at the Virginia Department of quality in Virginia will not be negatively
Region III, 1650 Arch Street, Environmental Quality, 629 East Main affected by the approval of these SIP
Philadelphia, Pennsylvania 19103. Street, Richmond, Virginia 23219. revisions particularly as EPA has found
D. Hand Delivery: At the previously- FOR FURTHER INFORMATION CONTACT: these compounds negligibly reactive for
listed EPA Region III address. Such Irene Shandruk, (215) 814–2166, or by ozone formation.
deliveries are only accepted during the email at shandruk.irene@epa.gov.
Docket’s normal hours of operation, and SUPPLEMENTARY INFORMATION:
III. Final Action
special arrangements should be made EPA is approving the SIP revision to
for deliveries of boxed information. I. Background the definition of VOC submitted by
Instructions: Direct your comments to Tropospheric ozone, commonly Virginia on May 7, 2015. EPA is
Docket ID No. EPA–R03–OAR–2015– known as smog, is formed when VOCs publishing this rule without prior
0360. EPA’s policy is that all comments and nitrogen oxides react in the proposal because EPA views this as a
received will be included in the public atmosphere in the presence of sunlight. noncontroversial amendment and
docket without change, and may be Because of the harmful health effects of anticipates no adverse comment.
made available online at ozone, EPA and state governments limit However, in the ‘‘Proposed Rules’’
tkelley on DSK3SPTVN1PROD with RULES

www.regulations.gov, including any the amount of VOCs that can be released section of today’s Federal Register, EPA
personal information provided, unless into the atmosphere. VOCs have is publishing a separate document that
the comment includes information different levels of reactivity, that is, will serve as the proposal to approve the
claimed to be Confidential Business some VOCs react slowly or form less SIP revision if adverse comments are
Information (CBI) or other information ozone, and therefore, changes in their filed. This rule will be effective on
whose disclosure is restricted by statute. emissions have limited effects on local September 14, 2015 without further

VerDate Sep<11>2014 16:14 Jul 15, 2015 Jkt 235001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\16JYR1.SGM 16JYR1

Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations 42045

notice unless EPA receives adverse documents or other information needed VI. Statutory and Executive Order
comment by August 17, 2015. If EPA for civil or criminal enforcement under Reviews
receives adverse comment, EPA will one of these programs could not be A. General Requirements
publish a timely withdrawal in the privileged because such documents and
Federal Register informing the public information are essential to pursuing Under the CAA, the Administrator is
that the rule will not take effect. EPA enforcement in a manner required by required to approve a SIP submission
will address all public comments in a Federal law to maintain program that complies with the provisions of the
subsequent final rule based on the delegation, authorization or approval.’’ CAA and applicable Federal regulations.
proposed rule. EPA will not institute a Virginia’s Immunity law, Va. Code Sec. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
second comment period on this action. Thus, in reviewing SIP submissions,
10.1–1199, provides that ‘‘[t]o the extent
Any parties interested in commenting EPA’s role is to approve state choices,
consistent with requirements imposed
must do so at this time. provided that they meet the criteria of
by Federal law,’’ any person making a
IV. General Information Pertaining to the CAA. Accordingly, this action
voluntary disclosure of information to a merely approves state law as meeting
SIP Submittals From the state agency regarding a violation of an
Commonwealth of Virginia Federal requirements and does not
environmental statute, regulation, impose additional requirements beyond
In 1995, Virginia adopted legislation permit, or administrative order is those imposed by state law. For that
that provides, subject to certain granted immunity from administrative reason, this action:
conditions, for an environmental or civil penalty. The Attorney General’s • Is not a ‘‘significant regulatory
assessment (audit) ‘‘privilege’’ for January 12, 1998 opinion states that the action’’ subject to review by the Office
voluntary compliance evaluations quoted language renders this statute of Management and Budget under
performed by a regulated entity. The inapplicable to enforcement of any Executive Order 12866 (58 FR 51735,
legislation further addresses the relative Federally authorized programs, since October 4, 1993);
burden of proof for parties either ‘‘no immunity could be afforded from • Does not impose an information
asserting the privilege or seeking administrative, civil, or criminal collection burden under the provisions
disclosure of documents for which the penalties because granting such of the Paperwork Reduction Act (44
privilege is claimed. Virginia’s immunity would not be consistent with U.S.C. 3501 et seq.);
legislation also provides, subject to
Federal law, which is one of the criteria • Is certified as not having a
certain conditions, for a penalty waiver
for immunity.’’ significant economic impact on a
for violations of environmental laws
Therefore, EPA has determined that substantial number of small entities
when a regulated entity discovers such
Virginia’s Privilege and Immunity under the Regulatory Flexibility Act (5
violations pursuant to a voluntary
U.S.C. 601 et seq.);
compliance evaluation and voluntarily statutes will not preclude the
• Does not contain any unfunded
discloses such violations to the Commonwealth from enforcing its
Commonwealth and takes prompt and mandate or significantly or uniquely
program consistent with the Federal
appropriate measures to remedy the affect small governments, as described
requirements. In any event, because in the Unfunded Mandates Reform Act
violations. Virginia’s Voluntary EPA has also determined that a state
Environmental Assessment Privilege of 1995 (Pub. L. 104–4);
audit privilege and immunity law can • Does not have Federalism
Law, Va. Code Sec. 10.1–1198, provides affect only state enforcement and cannot
a privilege that protects from disclosure implications as specified in Executive
have any impact on Federal Order 13132 (64 FR 43255, August 10,
documents and information about the enforcement authorities, EPA may at
content of those documents that are the 1999);
any time invoke its authority under the • Is not an economically significant
product of a voluntary environmental
CAA, including, for example, sections regulatory action based on health or
assessment. The Privilege Law does not
113, 167, 205, 211 or 213, to enforce the safety risks subject to Executive Order
extend to documents or information
that: (1) Are generated or developed requirements or prohibitions of the state 13045 (62 FR 19885, April 23, 1997);
before the commencement of a plan, independently of any state • Is not a significant regulatory action
voluntary environmental assessment; (2) enforcement effort. In addition, citizen subject to Executive Order 13211 (66 FR
are prepared independently of the enforcement under section 304 of the 28355, May 22, 2001);
assessment process; (3) demonstrate a CAA is likewise unaffected by this, or • Is not subject to requirements of
clear, imminent and substantial danger any, state audit privilege or immunity Section 12(d) of the National
to the public health or environment; or law. Technology Transfer and Advancement
(4) are required by law. Act of 1995 (15 U.S.C. 272 note) because
On January 12, 1998, the V. Incorporation by Reference application of those requirements would
Commonwealth of Virginia Office of the In this rulemaking action, EPA is be inconsistent with the CAA; and
Attorney General provided a legal finalizing regulatory text that includes • Does not provide EPA with the
opinion that states that the Privilege incorporation by reference. In discretionary authority to address, as
Law, Va. Code § 10.1–1198, precludes appropriate, disproportionate human
accordance with requirements of 1 CFR
granting a privilege to documents and health or environmental effects, using
51.5, EPA is finalizing the incorporation
information ‘‘required by law,’’ practicable and legally permissible
by reference of the definition of VOCs
including documents and information methods, under Executive Order 12898
‘‘required by Federal law to maintain as described in section II of this (59 FR 7629, February 16, 1994).
program delegation, authorization or rulemaking action. EPA has made, and In addition, this rule does not have
tkelley on DSK3SPTVN1PROD with RULES

approval,’’ since Virginia must ‘‘enforce will continue to make, these documents tribal implications as specified by
Federally authorized environmental generally available electronically Executive Order 13175 (65 FR 67249,
programs in a manner that is no less through www.regulations.gov and/or in November 9, 2000), because the SIP is
stringent than their Federal counterparts hard copy at the appropriate EPA office not approved to apply in Indian country
. . .’’ The opinion concludes that (see the ADDRESSES section of this located in the state, and EPA notes that
‘‘[r]egarding § 10.1–1198, therefore, preamble for more information). it will not impose substantial direct

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42046 Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations

costs on tribal governments or preempt Court of Appeals for the appropriate reference, Ozone, Reporting and
tribal law. circuit by September 14, 2015. Filing a recordkeeping requirements, Volatile
petition for reconsideration by the organic compounds.
B. Submission to Congress and the
Administrator of this final rule does not
Comptroller General Dated: July 7, 2015.
affect the finality of this action for the
The Congressional Review Act, 5 purposes of judicial review nor does it William C. Early,
U.S.C. 801 et seq., as added by the Small extend the time within which a petition Acting Regional Administrator, Region III.
Business Regulatory Enforcement for judicial review may be filed, and
Fairness Act of 1996, generally provides shall not postpone the effectiveness of 40 CFR part 52 is amended as follows:
that before a rule may take effect, the such rule or action. Parties with
agency promulgating the rule must PART 52—APPROVAL AND
objections to this direct final rule are
submit a rule report, which includes a PROMULGATION OF
encouraged to file a comment in
copy of the rule, to each House of the response to the parallel notice of IMPLEMENTATION PLANS
Congress and to the Comptroller General proposed rulemaking for this action
of the United States. EPA will submit a published in the proposed rules section ■ 1. The authority citation for part 52
report containing this action and other of today’s Federal Register, rather than continues to read as follows:
required information to the U.S. Senate, file an immediate petition for judicial Authority: 42 U.S.C. 7401 et seq.
the U.S. House of Representatives, and review of this direct final rule, so that
the Comptroller General of the United EPA can withdraw this direct final rule Subpart VV—Virginia
States prior to publication of the rule in and address the comment in the
the Federal Register. A major rule proposed rulemaking action. ■ 2. In § 52.2420, the table in paragraph
cannot take effect until 60 days after it
This action, revising the definition of (c) is amended by adding a new entry
is published in the Federal Register.
VOCs, may not be challenged later in for ‘‘Section 5–10–20’’ immediately after
This action is not a ‘‘major rule’’ as
proceedings to enforce its requirements. the existing entries for ‘‘Section 5–10–
defined by 5 U.S.C. 804(2).
See section 307(b)(2). 20’’ to read as follows:
C. Petitions for Judicial Review
List of Subjects in 40 CFR Part 52 § 52.2420 Identification of plan.
Under section 307(b)(1) of the CAA,
petitions for judicial review of this Environmental protection, Air * * * * *
action must be filed in the United States pollution control, Incorporation by (c) * * *
EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES
State effective Explanation
State citation Title/subject EPA approval date
date [former SIP citation]

9 VAC 5, Chapter 10 General Definitions [Part I]

* * * * * * *

5–10–20 .................................. Terms Defined ....................... 3/12/15 7/16/15 [Insert Federal Reg- Definition of VOC is revised
ister citation]. by adding two chemicals
(trans 1-chloro-3,3,3-
trifluoroprop-1-ene and
2,3,3,3-tetrafluoropropene)
to the list of substances not
considered to be VOCs.

* * * * * * *

* * * * * ENVIRONMENTAL PROTECTION ACTION: Final rule.
[FR Doc. 2015–17386 Filed 7–15–15; 8:45 am] AGENCY
SUMMARY: The Environmental Protection
BILLING CODE 6560–50–P
40 CFR Parts 52 and 81 Agency (EPA) is approving the
Commonwealth of Pennsylvania’s
[EPA–R03–OAR–2014–0902; FRL–9930–24– request to redesignate to attainment the
Region 3] Johnstown Nonattainment Area
(Johnstown Area or Area) for the 1997
Approval and Promulgation of Air annual and 2006 24-hour fine
Quality Implementation Plans; particulate matter (PM2.5) national
Pennsylvania; Redesignation Request ambient air quality standard (NAAQS or
and Associated Maintenance Plan for standard). EPA has determined that the
tkelley on DSK3SPTVN1PROD with RULES

the Johnstown Nonattainment Area for Johnstown Area attained both the 1997
the 1997 Annual and 2006 24-Hour Fine annual and 2006 24-hour PM2.5 NAAQS.
Particulate Matter Standard In addition, EPA is approving as a
revision to the Pennsylvania State
AGENCY: Environmental Protection Implementation Plan (SIP) the
Agency (EPA). associated maintenance plan to show

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Document Created: 2015-12-15 13:13:05
Document Modified: 2015-12-15 13:13:05

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		Rules and Regulations
Action		Direct final rule.
Dates		This rule is effective on September 14, 2015 without further notice, unless EPA receives adverse written comment by August 17, 2015. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.
Contact		Irene Shandruk, (215) 814-2166, or by email at [email protected]
FR Citation		80 FR 42044
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds