80_FR_46350 80 FR 46201 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Consumer and Commercial Products and Mobile Equipment Repair and Refinishing Operations

80 FR 46201 - 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 149 (August 4, 2015)

Page Range46201-46205
FR Document2015-18609

The Environmental Protection Agency (EPA) is approving 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. EPA is approving these revisions to the Virginia SIP in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 80 Issue 149 (Tuesday, August 4, 2015)
[Federal Register Volume 80, Number 149 (Tuesday, August 4, 2015)]
[Rules and Regulations]
[Pages 46201-46205]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18609]



[[Page 46201]]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0816; FRL-9931-29-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: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving 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. EPA is approving these revisions to the Virginia SIP in 
accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on September 3, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0816. All documents in the docket are listed in 
the 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 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: Leslie Jones Doherty, (215) 814-3409 
or by email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On March 16, 2015 (80 FR 13510), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Virginia. In the NPR, EPA 
proposed approval of revisions to Virginia's consumer and commercial 
products and mobile equipment repair and refinishing operations 
regulations. The formal SIP revision was submitted by the Commonwealth 
of Virginia on April 10, 2014.

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 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. 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 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

[[Page 46202]]

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.

IV. Final Action

    EPA is approving the amendments to Virginia's regulations for 
consumer and commercial products and mobile equipment repair and 
refinishing operations as a revision to the Virginia SIP.

V. Incorporation by Reference

    In this rulemaking action, the EPA is finalizing regulatory text 
that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by 
reference of the Virginia Department of Environmental Quality (VADEQ) 
Regulations described in amendments to 40 CFR part 52 set forth below. 
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

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 
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 October 5, 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. This action pertaining to Virginia's control of VOC emissions 
from commercial and consumer products and mobile equipment repair and 
refinishing operations 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, Volatile organic compounds.

    Dated: July 9, 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:
0
A. In the entries for Chapter 40, Part II, Article 48, revise Sections 
5-40-6970 and 5-40-7050 and add 5-40-6975 in numerical order.
0
B. In entries for Chapter 45, Part II, Article 1, revise Sections 5-45-
70 and 5-45-90; Article 2 Sections 5-45-160, 5-45-170 and 5-45-240; 
Article 3 Section 5-45-310; Article 4 Sections 5-45-400, 5-45-420, 5-
45-430 and 5-45-480; Article 5 Sections 5-45-520, 5-45-530 and 5-45-
580; and Article 6 Sections 5-45-620, 5-45-630, 5-45-650 and 5-45-700.
    The revisions and additions read as follows:


Sec.  52.2420  Identification of plan.

* * * * *
    (c) * * *

[[Page 46203]]



                                 EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                            State
          State citation               Title/subject      effective     EPA approval date   Explanation  [former
                                                             date                               SIP citation]
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                            9 VAC 5, Chapter 40 Existing Stationary Sources (Part IV)
----------------------------------------------------------------------------------------------------------------
 
                                  ------------------------------------------------------------------------------
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           Part II Emission Standards
              Article 48 Emission Standards for Mobile Equipment Repair and Refinishing (Rule 4-48)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
5-40-6970........................  Applicability and        10/01/13  08/04/15 [Insert      Revision extends the
                                    designation of                     Federal Register      applicability to
                                    affected facility.                 citation].            include the
                                                                                             Richmond VOC
                                                                                             Emissions Control
                                                                                             Area.
 
                                                  * * * * * * *
5-40-6975........................  Exemptions..........     10/01/13  08/04/15 [Insert      Added.
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
5-40-7050........................  Compliance schedules     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                              9 VAC 5, Chapter 45 Consumer and Commercial Products
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           Part II Emission Standards
     Article 1 Emission Standards For Portable Fuel Containers And Spouts Manufactured Before August 1, 2010
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
5-45-70..........................  Exemptions..........     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
5-45-90..........................  Standard for             10/01/13  08/04/15............  Amended.
                                    volatile organic
                                    compounds.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
  Article 2 Emission Standards For Portable Fuel Containers And Spouts Manufactured On Or After August 1, 2010
----------------------------------------------------------------------------------------------------------------
5-45-160.........................  Applicability.......     10/01/13  08/04/15 [Insert      Revision extends the
                                                                       Federal Register      applicability to
                                                                       citation].            include the
                                                                                             Richmond VOC
                                                                                             Emissions Control
                                                                                             Area.
5-45-170.........................  Exemptions..........     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
5-45-240.........................  Compliance schedules     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
              Article 3 Emission Standards For Consumer Products Manufactured Before August 1, 2010
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
5-45-310.........................  Standard for             10/01/13  08/04/15 [Insert      Amended.
(Except for subsection B)........   volatile organic                   Federal Register
                                    compounds.                         citation].
 

[[Page 46204]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
           Article 4 Emission Standards For Consumer Products Manufactured On or After August 1, 2010
----------------------------------------------------------------------------------------------------------------
5-45-400.........................  Applicability.......     10/01/13  08/04/15 [Insert      Revision extends the
                                                                       Federal Register      applicability to
                                                                       citation].            include the
                                                                                             Richmond VOC
                                                                                             Emissions Control
                                                                                             Area.
 
                                                  * * * * * * *
5-45-420.........................  Definitions.........     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].
5-45-430.........................  Standard for             10/01/13  08/04/15 [Insert      Amended.
(Except for subsection B)........   volatile organic                   Federal Register
                                    compounds.                         citation].
 
                                                  * * * * * * *
5-45-480.........................  Compliance schedules     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
               Article 5 Emission Standards For Architectural And Industrial Maintenance Coatings
----------------------------------------------------------------------------------------------------------------
5-45-520.........................  Applicability.......     10/01/13  08/04/15 [Insert      Revision extends the
                                                                       Federal Register      applicability to
                                                                       citation].            include the
                                                                                             Richmond VOC
                                                                                             Emissions Control
                                                                                             Area.
5-45-530.........................  Exemptions..........     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
5-45-580.........................  Compliance schedules     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Article 6 Emission Standards For Adhesives And Sealants
----------------------------------------------------------------------------------------------------------------
5-45-620.........................  Applicability.......     10/01/13  08/04/15 [Insert      Revision extends the
                                                                       Federal Register      applicability to
                                                                       citation].            include the
                                                                                             Richmond VOC
                                                                                             Emissions Control
                                                                                             Area.
5-45-630.........................  Exemptions..........     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
5-45-650.........................  Standard for             10/01/13  08/04/15 [Insert      Amended.
                                    volatile organic                   Federal Register
                                    compounds.                         citation].
 
                                                  * * * * * * *
5-45-700.........................  Compliance schedules     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 46205]]

* * * * *
[FR Doc. 2015-18609 Filed 8-3-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                  Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Rules and Regulations                                        46201

                                                ENVIRONMENTAL PROTECTION                                Environmental Quality, 629 East Main                  discloses such violations to the
                                                AGENCY                                                  Street, Richmond, Virginia 23219.                     Commonwealth and takes prompt and
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      appropriate measures to remedy the
                                                40 CFR Part 52                                          Leslie Jones Doherty, (215) 814–3409 or               violations. Virginia’s Voluntary
                                                [EPA–R03–OAR–2014–0816; FRL–9931–29–                    by email at jones.leslie@epa.gov.                     Environmental Assessment Privilege
                                                Region 3]                                               SUPPLEMENTARY INFORMATION:                            Law, Va. Code Sec. 10.1–1198, provides
                                                                                                                                                              a privilege that protects from disclosure
                                                Approval and Promulgation of Air                        I. Background                                         documents and information about the
                                                Quality Implementation Plans; Virginia;                    On March 16, 2015 (80 FR 13510),                   content of those documents that are the
                                                Consumer and Commercial Products                        EPA published a notice of proposed                    product of a voluntary environmental
                                                and Mobile Equipment Repair and                         rulemaking (NPR) for the                              assessment. The Privilege Law does not
                                                Refinishing Operations                                  Commonwealth of Virginia. In the NPR,                 extend to documents or information
                                                                                                        EPA proposed approval of revisions to                 that: (1) Are generated or developed
                                                AGENCY:  Environmental Protection                       Virginia’s consumer and commercial                    before the commencement of a
                                                Agency (EPA).                                           products and mobile equipment repair                  voluntary environmental assessment; (2)
                                                ACTION: Final rule.                                     and refinishing operations regulations.               are prepared independently of the
                                                                                                        The formal SIP revision was submitted                 assessment process; (3) demonstrate a
                                                SUMMARY:   The Environmental Protection                 by the Commonwealth of Virginia on                    clear, imminent and substantial danger
                                                Agency (EPA) is approving a State                       April 10, 2014.                                       to the public health or environment; or
                                                Implementation Plan (SIP) revision                                                                            (4) are required by law.
                                                submitted by the Commonwealth of           II. Summary of SIP Revision                                           On January 12, 1998, the
                                                Virginia. This revision consists of           The SIP revision consists of                                    Commonwealth of Virginia Office of the
                                                amendments to Virginia’s regulation for    amendments to 9VAC5 Chapter 45—                                    Attorney General provided a legal
                                                consumer and commercial products in        Consumer and Commercial Products in                                opinion that states that the Privilege
                                                order to apply provisions pertaining to    order to apply provisions pertaining to                            law, Va. Code Sec. 10.1–1198, precludes
                                                portable fuel containers, consumer and     portable fuel containers, consumer and                             granting a privilege to documents and
                                                commercial products, architectural and     commercial products, architectural and                             information ‘‘required by law,’’
                                                industrial maintenance coatings,           industrial maintenance coatings,                                   including documents and information
                                                adhesives, adhesive primers, sealants,     adhesives, adhesive primers, sealants,                             ‘‘required by Federal law to maintain
                                                and sealant primers to the Richmond        and sealant primers to the Richmond                                program delegation, authorization or
                                                volatile organic compound (VOC)            VOC Emissions Control Area. This                                   approval,’’ since Virginia must ‘‘enforce
                                                Emissions Control Area. The revision       revision also amends Article 48 of                                 Federally authorized environmental
                                                also consists of amendments to             9VAC5 Chapter 40—Existing Stationary                               programs in a manner that is no less
                                                Virginia’s regulation for existing         Sources to apply provisions pertaining                             stringent than their Federal
                                                stationary sources to apply provisions     to mobile equipment repair and                                     counterparts. . . .’’ The opinion
                                                pertaining to mobile equipment repair      refinishing operations in the Richmond                             concludes that ‘‘[r]egarding § 10.1–1198,
                                                and refinishing operations in the          VOC Emissions Control Area. Also, the                              therefore, documents or other
                                                Richmond VOC Emissions Control Area.       SIP revision includes revised                                      information needed for civil or criminal
                                                EPA is approving these revisions to the    compliance dates for Chapters 40 and 45                            enforcement under one of these
                                                Virginia SIP in accordance with the        and retains in Chapter 45 a temporary                              programs could not be privileged
                                                requirements of the Clean Air Act          exemption for the manufacture and                                  because such documents and
                                                (CAA).                                     distribution of single-ply roof membrane                           information are essential to pursuing
                                                                                           adhesives and sealants. Other specific                             enforcement in a manner required by
                                                DATES: This final rule is effective on
                                                                                           requirements and the rationale for EPA’s                           Federal law to maintain program
                                                September 3, 2015.
                                                                                           proposed action are explained in the                               delegation, authorization or approval.’’
                                                ADDRESSES: EPA has established a           NPR and will not be restated here. No                                 Virginia’s Immunity law, Va. Code
                                                docket for this action under Docket ID     public comments were received on the                               Sec. 10.1–1199, provides that ‘‘[t]o the
                                                Number EPA–R03–OAR–2014–0816. All NPR.                                                                        extent consistent with requirements
                                                documents in the docket are listed in                                                                         imposed by Federal law,’’ any person
                                                the www.regulations.gov Web site.          III. General Information Pertaining to                             making a voluntary disclosure of
                                                Although listed in the electronic docket, SIP Submittals From the                                             information to a state agency regarding
                                                some information is not publicly           Commonwealth of Virginia                                           a violation of an environmental statute,
                                                available, i.e., confidential business        In 1995, Virginia adopted legislation                           regulation, permit, or administrative
                                                information (CBI) or other information     that provides, subject to certain                                  order is granted immunity from
                                                whose disclosure is restricted by statute. conditions, for an environmental                                   administrative or civil penalty. The
                                                Certain other material, such as            assessment (audit) ‘‘privilege’’ for                               Attorney General’s January 12, 1998
                                                copyrighted material, is not placed on     voluntary compliance evaluations                                   opinion states that the quoted language
                                                the Internet and will be publicly          performed by a regulated entity. The                               renders this statute inapplicable to
                                                available only in hard copy form.          legislation further addresses the relative                         enforcement of any Federally authorized
                                                Publicly available docket materials are    burden of proof for parties either                                 programs, since ‘‘no immunity could be
                                                available either electronically through    asserting the privilege or seeking                                 afforded from administrative, civil, or
                                                www.regulations.gov or in hard copy for disclosure of documents for which the                                 criminal penalties because granting
mstockstill on DSK4VPTVN1PROD with RULES




                                                public inspection during normal            privilege is claimed. Virginia’s                                   such immunity would not be consistent
                                                business hours at the Air Protection       legislation also provides, subject to                              with Federal law, which is one of the
                                                Division, U.S. Environmental Protection certain conditions, for a penalty waiver                              criteria for immunity.’’
                                                Agency, Region III, 1650 Arch Street,      for violations of environmental laws                                  Therefore, EPA has determined that
                                                Philadelphia, Pennsylvania 19103.          when a regulated entity discovers such                             Virginia’s Privilege and Immunity
                                                Copies of the State submittal are          violations pursuant to a voluntary                                 statutes will not preclude the
                                                available at the Virginia Department of    compliance evaluation and voluntarily                              Commonwealth from enforcing its


                                           VerDate Sep<11>2014   14:47 Aug 03, 2015   Jkt 235001   PO 00000   Frm 00017   Fmt 4700   Sfmt 4700   E:\FR\FM\04AUR1.SGM   04AUR1


                                                46202             Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Rules and Regulations

                                                program consistent with the Federal                        • does not impose an information                   This action is not a ‘‘major rule’’ as
                                                requirements. In any event, because                     collection burden under the provisions                defined by 5 U.S.C. 804(2).
                                                EPA has also determined that a state                    of the Paperwork Reduction Act (44
                                                                                                                                                              C. Petitions for Judicial Review
                                                audit privilege and immunity law can                    U.S.C. 3501 et seq.);
                                                affect only state enforcement and cannot                   • is certified as not having a                        Under section 307(b)(1) of the CAA,
                                                have any impact on Federal                              significant economic impact on a                      petitions for judicial review of this
                                                enforcement authorities, EPA may at                     substantial number of small entities                  action must be filed in the United States
                                                any time invoke its authority under the                 under the Regulatory Flexibility Act (5               Court of Appeals for the appropriate
                                                CAA, including, for example, sections                   U.S.C. 601 et seq.);                                  circuit by October 5, 2015. Filing a
                                                113, 167, 205, 211 or 213, to enforce the                  • does not contain any unfunded                    petition for reconsideration by the
                                                requirements or prohibitions of the state               mandate or significantly or uniquely                  Administrator of this final rule does not
                                                plan, independently of any state                        affect small governments, as described                affect the finality of this action for the
                                                enforcement effort. In addition, citizen                in the Unfunded Mandates Reform Act                   purposes of judicial review nor does it
                                                enforcement under section 304 of the                    of 1995 (Pub. L. 104–4);                              extend the time within which a petition
                                                CAA is likewise unaffected by this, or                     • does not have Federalism                         for judicial review may be filed, and
                                                any, state audit privilege or immunity                  implications as specified in Executive                shall not postpone the effectiveness of
                                                law.                                                    Order 13132 (64 FR 43255, August 10,                  such rule or action. This action
                                                                                                        1999);                                                pertaining to Virginia’s control of VOC
                                                IV. Final Action                                           • is not an economically significant               emissions from commercial and
                                                                                                        regulatory action based on health or                  consumer products and mobile
                                                  EPA is approving the amendments to
                                                                                                        safety risks subject to Executive Order               equipment repair and refinishing
                                                Virginia’s regulations for consumer and
                                                                                                        13045 (62 FR 19885, April 23, 1997);                  operations may not be challenged later
                                                commercial products and mobile                             • is not a significant regulatory action
                                                equipment repair and refinishing                                                                              in proceedings to enforce its
                                                                                                        subject to Executive Order 13211 (66 FR               requirements. (See section 307(b)(2).)
                                                operations as a revision to the Virginia                28355, May 22, 2001);
                                                SIP.                                                       • is not subject to requirements of                List of Subjects in 40 CFR Part 52
                                                V. Incorporation by Reference                           Section 12(d) of the National                           Environmental protection, Air
                                                                                                        Technology Transfer and Advancement                   pollution control, Incorporation by
                                                   In this rulemaking action, the EPA is                Act of 1995 (15 U.S.C. 272 note) because
                                                finalizing regulatory text that includes                                                                      reference, Ozone, Volatile organic
                                                                                                        application of those requirements would               compounds.
                                                incorporation by reference. In                          be inconsistent with the CAA; and
                                                accordance with requirements of 1 CFR                      • does not provide EPA with the                     Dated: July 9, 2015.
                                                51.5, the EPA is finalizing the                         discretionary authority to address, as                William C. Early,
                                                incorporation by reference of the                       appropriate, disproportionate human                   Acting, Regional Administrator, Region III.
                                                Virginia Department of Environmental                    health or environmental effects, using                    40 CFR part 52 is amended as follows:
                                                Quality (VADEQ) Regulations described                   practicable and legally permissible
                                                in amendments to 40 CFR part 52 set                     methods, under Executive Order 12898                  PART 52—APPROVAL AND
                                                forth below. The EPA has made, and                      (59 FR 7629, February 16, 1994).                      PROMULGATION OF
                                                will continue to make, these documents                     In addition, this rule does not have               IMPLEMENTATION PLANS
                                                generally available electronically                      tribal implications as specified by
                                                through www.regulations.gov and/or in                   Executive Order 13175 (65 FR 67249,                   ■ 1. The authority citation for part 52
                                                hard copy at the appropriate EPA office                 November 9, 2000), because the SIP is                 continues to read as follows:
                                                (see the ADDRESSES section of this                      not approved to apply in Indian country                   Authority: 42 U.S.C. 7401 et seq.
                                                preamble for more information).                         located in the state, and EPA notes that
                                                                                                        it will not impose substantial direct                 Subpart VV—Virginia
                                                VI. Statutory and Executive Order
                                                                                                        costs on tribal governments or preempt
                                                Reviews
                                                                                                        tribal law.                                           ■  2. In § 52.2420, the table in paragraph
                                                A. General Requirements                                                                                       (c) is amended by:
                                                                                                        B. Submission to Congress and the
                                                                                                                                                              ■ A. In the entries for Chapter 40, Part
                                                  Under the CAA, the Administrator is                   Comptroller General
                                                                                                                                                              II, Article 48, revise Sections 5–40–6970
                                                required to approve a SIP submission                       The Congressional Review Act, 5                    and 5–40–7050 and add 5–40–6975 in
                                                that complies with the provisions of the                U.S.C. 801 et seq., as added by the Small             numerical order.
                                                CAA and applicable Federal regulations.                 Business Regulatory Enforcement                       ■ B. In entries for Chapter 45, Part II,
                                                42 U.S.C. 7410(k); 40 CFR 52.02(a).                     Fairness Act of 1996, generally provides              Article 1, revise Sections 5–45–70 and
                                                Thus, in reviewing SIP submissions,                     that before a rule may take effect, the               5–45–90; Article 2 Sections 5–45–160,
                                                EPA’s role is to approve state choices,                 agency promulgating the rule must                     5–45–170 and 5–45–240; Article 3
                                                provided that they meet the criteria of                 submit a rule report, which includes a                Section 5–45–310; Article 4 Sections 5–
                                                the CAA. Accordingly, this action                       copy of the rule, to each House of the                45–400, 5–45–420, 5–45–430 and 5–45–
                                                merely approves state law as meeting                    Congress and to the Comptroller General               480; Article 5 Sections 5–45–520, 5–45–
                                                Federal requirements and does not                       of the United States. EPA will submit a               530 and 5–45–580; and Article 6
                                                impose additional requirements beyond                   report containing this action and other               Sections 5–45–620, 5–45–630, 5–45–650
                                                those imposed by state law. For that                    required information to the U.S. Senate,              and 5–45–700.
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                                                reason, this action:                                    the U.S. House of Representatives, and                   The revisions and additions read as
                                                  • Is not a ‘‘significant regulatory                   the Comptroller General of the United                 follows:
                                                action’’ subject to review by the Office                States prior to publication of the rule in
                                                of Management and Budget under                          the Federal Register. A major rule                    § 52.2420    Identification of plan.
                                                Executive Order 12866 (58 FR 51735,                     cannot take effect until 60 days after it             *       *    *      *     *
                                                October 4, 1993);                                       is published in the Federal Register.                     (c) * * *



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                                                                      Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Rules and Regulations                                                                       46203

                                                                                                   EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES
                                                                                                                           State                                                                               Explanation
                                                        State citation                      Title/subject                 effective                   EPA approval date                                    [former SIP citation]
                                                                                                                            date


                                                            *                          *                           *                          *                             *                          *                      *

                                                                                                     9 VAC 5, Chapter 40              Existing Stationary Sources (Part IV)



                                                            *                          *                           *                          *                             *                          *                      *

                                                                                                                 Part II Emission Standards
                                                                                Article 48      Emission Standards for Mobile Equipment Repair and Refinishing (Rule 4–48)


                                                        *                              *                           *                         *                 *                                        *                  *
                                                5–40–6970 .....................     Applicability and des-                  10/01/13      08/04/15 [Insert Federal Register                       Revision extends the applicability to
                                                                                      ignation of affected                                  citation].                                              include the Richmond VOC Emis-
                                                                                      facility.                                                                                                     sions Control Area.

                                                        *                             *                         *                            *                 *                                      *                       *
                                                5–40–6975 .....................     Exemptions ...................          10/01/13      08/04/15 [Insert Federal Register                       Added.
                                                                                                                                            citation].

                                                        *                             *                  *                                   *                 *                                      *                       *
                                                5–40–7050 .....................     Compliance schedules ..                 10/01/13      08/04/15 [Insert Federal Register                       Amended.
                                                                                                                                            citation].

                                                            *                          *                           *                          *                             *                          *                      *

                                                                                                     9 VAC 5, Chapter 45            Consumer and Commercial Products


                                                            *                          *                           *                          *                             *                          *                      *

                                                                                                            Part II Emission Standards
                                                                  Article 1     Emission Standards For Portable Fuel Containers And Spouts Manufactured Before August 1, 2010


                                                        *                             *                         *                            *                 *                                      *                       *
                                                5–45–70 .........................   Exemptions ...................          10/01/13      08/04/15 [Insert Federal Register                       Amended.
                                                                                                                                            citation].

                                                        *                             *                       *                              *                            *                           *                       *
                                                5–45–90 .........................   Standard for volatile or-               10/01/13      08/04/15 ............................................   Amended.
                                                                                      ganic compounds.

                                                            *                          *                           *                          *                             *                          *                      *

                                                                Article 2    Emission Standards For Portable Fuel Containers And Spouts Manufactured On Or After August 1, 2010

                                                5–45–160 .......................    Applicability ...................       10/01/13      08/04/15 [Insert Federal Register                       Revision extends the applicability to
                                                                                                                                            citation].                                              include the Richmond VOC Emis-
                                                                                                                                                                                                    sions Control Area.
                                                5–45–170 .......................    Exemptions ...................          10/01/13      08/04/15 [Insert Federal Register                       Amended.
                                                                                                                                            citation].

                                                        *                             *                  *                                   *                 *                                      *                       *
                                                5–45–240 .......................    Compliance schedules ..                 10/01/13      08/04/15 [Insert Federal Register                       Amended.
                                                                                                                                            citation].

                                                            *                          *                           *                          *                             *                          *                      *
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                                                                              Article 3     Emission Standards For Consumer Products Manufactured Before August 1, 2010


                                                         *                            *                       *                              *                 *                                      *                       *
                                                5–45–310 .......................    Standard for volatile or-               10/01/13      08/04/15 [Insert Federal Register                       Amended.
                                                (Except for subsection B)             ganic compounds.                                      citation].




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                                                46204                Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Rules and Regulations

                                                                                           EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued
                                                                                                                           State                                                                  Explanation
                                                       State citation                        Title/subject                effective                EPA approval date                          [former SIP citation]
                                                                                                                            date

                                                           *                           *                           *                       *                       *                      *                      *

                                                                          Article 4        Emission Standards For Consumer Products Manufactured On or After August 1, 2010

                                                5–45–400 .......................    Applicability ...................       10/01/13    08/04/15 [Insert Federal Register          Revision extends the applicability to
                                                                                                                                          citation].                                 include the Richmond VOC Emis-
                                                                                                                                                                                     sions Control Area.

                                                        *                             *                            *                       *                  *                        *                         *
                                                5–45–420 .......................    Definitions .....................       10/01/13    08/04/15 [Insert Federal Register          Amended.
                                                                                                                                          citation].
                                                5–45–430 .......................    Standard for volatile or-               10/01/13    08/04/15 [Insert FEDERAL REGISTER          Amended.
                                                (Except for subsection B)             ganic compounds.                                    citation].

                                                        *                             *                  *                                 *                 *                         *                         *
                                                5–45–480 .......................    Compliance schedules ..                 10/01/13    08/04/15 [Insert Federal Register          Amended.
                                                                                                                                          citation].

                                                           *                           *                           *                       *                       *                      *                      *

                                                                                   Article 5     Emission Standards For Architectural And Industrial Maintenance Coatings

                                                5–45–520 .......................    Applicability ...................       10/01/13    08/04/15 [Insert Federal Register          Revision extends the applicability to
                                                                                                                                          citation].                                 include the Richmond VOC Emis-
                                                                                                                                                                                     sions Control Area.
                                                5–45–530 .......................    Exemptions ...................          10/01/13    08/04/15 [Insert Federal Register          Amended.
                                                                                                                                          citation].

                                                        *                             *                  *                                 *                 *                         *                         *
                                                5–45–580 .......................    Compliance schedules ..                 10/01/13    08/04/15 [Insert Federal Register          Amended.
                                                                                                                                          citation].

                                                           *                           *                           *                       *                       *                      *                      *

                                                                                                     Article 6      Emission Standards For Adhesives And Sealants

                                                5–45–620 .......................    Applicability ...................       10/01/13    08/04/15 [Insert Federal Register          Revision extends the applicability to
                                                                                                                                          citation].                                 include the Richmond VOC Emis-
                                                                                                                                                                                     sions Control Area.
                                                5–45–630 .......................    Exemptions ...................          10/01/13    08/04/15 [Insert Federal Register          Amended.
                                                                                                                                          citation].

                                                        *                             *                       *                            *                 *                         *                         *
                                                5–45–650 .......................    Standard for volatile or-               10/01/13    08/04/15 [Insert Federal Register          Amended.
                                                                                      ganic compounds.                                    citation].

                                                        *                            *                  *                                  *                 *                         *                         *
                                                5–45–700 .......................   Compliance schedules ..                  10/01/13    08/04/15 [Insert Federal Register          Amended.
                                                                                                                                          citation].

                                                           *                           *                           *                       *                       *                      *                      *
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                                                                  Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Rules and Regulations                                                46205

                                                *      *     *       *      *                           DATES:  The correction is effective on                Lophelia Banks’’ in § 622.224(c)(1)(i) set
                                                [FR Doc. 2015–18609 Filed 8–3–15; 8:45 am]              August 17, 2015.                                      forth only the expanded CHAPC area of
                                                BILLING CODE 6560–50–P                                  FOR FURTHER INFORMATION CONTACT:                      10 square miles (26 square km) and not
                                                                                                        Karla Gore, 727–824–5305; email:                      the total area that encompasses both the
                                                                                                        karla.gore@noaa.gov.                                  existing CHAPC and the expanded area,
                                                DEPARTMENT OF COMMERCE                                  SUPPLEMENTARY INFORMATION: On July                    which totals 326 square miles (844
                                                                                                        17, 2015, NMFS published a final rule                 square km). Amendment 8 and the
                                                National Oceanic and Atmospheric                        in the Federal Register (80 FR 42423) to              implementing proposed and final rules
                                                Administration                                          implement provisions for Amendment 8                  are clear that the CHAPC for Cape
                                                                                                        to the Fishery Management Plan for                    Lookout Lophelia Banks would consist
                                                50 CFR Part 622                                         Coral, Coral Reefs, and Live/Hard                     of the existing area and the expanded
                                                [Docket No. 140214145–5582–02]                          Bottom Habitats of the South Atlantic                 area. NMFS publishes this notification
                                                                                                        Region (FMP) (Amendment 8), that                      to correct that mistake.
                                                RIN 0648–BD81
                                                                                                        expands portions of the northern and                  Correction
                                                Fisheries of the Caribbean, Gulf of                     western boundaries of the Oculina Bank
                                                Mexico, and South Atlantic; Coral,                      Habitat Area of Particular Concern                      In the Federal Register of July 17,
                                                Coral Reefs, and Live/Hard Bottom                       (HAPC) and allows transit through the                 2015, in FR Doc. 2015–17617, on page
                                                Habitats of the South Atlantic Region;                  Oculina Bank HAPC by fishing vessels                  42432, in the first column, the table in
                                                Amendment 8; Correction                                 with rock shrimp onboard; modifies                    § 622.224(c)(1)(i) is corrected to read as
                                                                                                        vessel monitoring systems (VMS)                       follows:
                                                AGENCY:  National Marine Fisheries                      requirements for rock shrimp fishermen
                                                Service (NMFS), National Oceanic and                    transiting through the Oculina Bank                       Point            North lat.      West long.
                                                Atmospheric Administration (NOAA),                      HAPC; expands a portion of the western
                                                Commerce.                                               boundary of the Stetson Reefs,                        Origin .......     34°24′37″       75°45′11″
                                                ACTION: Final rule; correction.                         Savannah and East Florida Lithotherms,                1 ..............   34°10′26″       75°58′44″
                                                                                                        and Miami Terrace Deepwater Coral                     2 ..............   34°05′47″       75°54′54″
                                                SUMMARY:   NMFS published a final rule                  HAPC (Stetson-Miami Terrace CHAPC),                   3 ..............   34°21′02″       75°41′25″
                                                on July 17, 2015, to, in part, implement                including modifications to shrimp                     4 ..............   34°23′28.998″   75°43′58.002″
                                                provisions that would expand a portion                  access area 1; and expands a portion of               5 ..............   34°27′00″       75°41′45″
                                                of the northern boundary of the Cape                    the northern boundary of the Cape                     6 ..............   34°27′54″       75°42′45″
                                                Lookout Lophelia Banks Deepwater                        Lookout CHAPC. The purpose of the                     Origin .......     34°24′37″       75°45′11″
                                                Coral Habitat Area of Particular Concern                final rule is to increase protection for
                                                (Cape Lookout CHAPC). The final rule                    deepwater coral based on new                             Authority: 16 U.S.C. 1801 et seq.
                                                included coordinates for only the                       information for deepwater coral
                                                expansion of the Cape Lookout CHAPC                                                                             Dated: July 28, 2015.
                                                                                                        resources in the South Atlantic. The
                                                instead of the coordinates for the                                                                            Samuel D. Rauch III,
                                                                                                        final rule is effective August 17, 2015.
                                                existing CHAPC plus the expanded area.                                                                        Deputy Assistant Administrator for
                                                This notification corrects the                          Need for Correction                                   Regulatory Programs, National Marine
                                                coordinates for the Cape Lookout                          After the final rule published, NMFS                Fisheries Service.
                                                CHAPC to encompass the existing                         noticed that the coordinates that                     [FR Doc. 2015–19009 Filed 8–3–15; 8:45 am]
                                                CHAPC plus the expanded area.                           describe the CHAPC for ‘‘Cape Lookout                 BILLING CODE 3510–22–P
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Document Created: 2015-12-18 14:50:53
Document Modified: 2015-12-18 14:50:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on September 3, 2015.
ContactLeslie Jones Doherty, (215) 814-3409 or by email at [email protected]
FR Citation80 FR 46201 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Ozone and Volatile Organic Compounds

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