80 FR 73995 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revision to the Definition of Volatile Organic Compound
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 228 (November 27, 2015)
Federal Register Volume 80, Issue 228 (November 27, 2015)
| Page Range | 73995-73998 | |
| FR Document | 2015-30108 |
[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)] [Rules and Regulations] [Pages 73995-73998] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30108] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2015-0686; FRL-9939-38-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revision to the Definition of Volatile Organic Compound 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 a compound to the list of substances not considered to be volatile organic compounds (VOCs). EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA). DATES: This rule is effective on January 26, 2016 without further notice, unless EPA receives adverse written comment by December 28, 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-2015-0686 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. Email: [email protected]. C. Mail: EPA-R03-OAR-2015-0686, 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- 2015-0686. 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 in [[Page 73996]] www.regulations.gov or may be viewed 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 [email protected]. 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 March 27, 2014 (79 FR 17037), EPA revised the definition of VOC contained in 40 CFR 51.100 to exclude one substance from the definition of VOC. The compound excluded from the definition of VOC is 2-amino-2-methyl-1-propanol (AMP). II. Summary of SIP Revision On September 17, 2015, the Commonwealth of Virginia (Virginia) submitted a formal revision to its SIP which consists of adding AMP to the list of substances that are not considered VOCs found at 9VAC5-10- 20. The September 17, 2015 SIP revision will allow the Virginia SIP to mirror the Federal definition of VOC. EPA believes that by excluding this negligibly reactive compound 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 this SIP revision particularly as EPA has found this compound negligibly reactive for ozone formation. III. Final Action EPA is approving the SIP revision to the definition of VOC submitted by Virginia on September 17, 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 January 26, 2016 without further notice unless EPA receives adverse comment by December 28, 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 [[Page 73997]] any, state audit privilege or immunity law. 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, EPA is finalizing the incorporation by reference of the definition of VOC. EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or may be viewed at the EPA Region III 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). The SIP is not approved to apply on any Indian reservation land as defined in 18 U.S.C. 1151 or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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 January 26, 2016. 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 Virginia's definition of VOC, 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: November 12, 2015. Shawn M. Garvin, 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 an entry for ``Section 5-10-20'' after the entry for ``Section 5-10-20'' (with the State effective date of 3/12/15) to read as follows: Sec. 52.2420 Identification of plan. * * * * * (c) * * * [[Page 73998]] EPA-Approved Virginia Regulations and Statutes -------------------------------------------------------------------------------------------------------------------------------------------------------- State State citation Title/Subject effective date EPA Approval date Explanation [former SIP citation] -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- 9 VAC 5, Chapter 10 General Definitions [Part I] -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * 5-10-20........................... Terms Defined........ 7/30/15 11/27/15 [Insert Federal Register Definition of VOC is revised by Citation]. adding 2-amino-2-methyl-1-propanol to the list of substances not considered to be VOCs. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2015-30108 Filed 11-25-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations 73995
to enrollment in courses of study that do Loan programs-education, Reporting A. www.regulations.gov. Follow the
not further their educational or and recordkeeping requirements, on-line instructions for submitting
vocational goals and are contrary to Student aid, Vocational education. comments.
their economic interests, and the rule is B. Email: fernandez.cristina@epa.gov.
34 CFR Part 686 C. Mail: EPA–R03–OAR–2015–0686,
intended to reduce that occurrence.
We acknowledge that some Administrative practice and Cristina Fernandez, Associate Director,
institutions may need to revise their procedure, Colleges and universities, Office of Air Program Planning, Air
diversity outreach operations if they Education, Elementary and secondary Protection Division, Mailcode 3AP30,
depend more on the financial education, Grant programs-education, U.S. Environmental Protection Agency,
motivation of the recruiter than the Reporting and recordkeeping Region III, 1650 Arch Street,
design of the recruiting or outreach plan requirements, Student aid. Philadelphia, Pennsylvania 19103.
or the relative value of the programs D. Hand Delivery: At the previously-
34 CFR Part 690 listed EPA Region III address. Such
touted by the recruiter. The regulations
address only the payment of incentives Colleges and universities, Education deliveries are only accepted during the
to recruiters, not the activities the of disadvantaged, Grant programs- Docket’s normal hours of operation, and
school requires recruiters to perform. education, Reporting and recordkeeping special arrangements should be made
Thus, the regulations do not prevent an requirements, Student aid. for deliveries of boxed information.
institution from holding a recruiter Instructions: Direct your comments to
34 CFR Part 691 Docket ID No. EPA–R03–OAR–2015–
accountable for implementing an
effective recruiting or minority outreach Colleges and universities, Elementary 0686. EPA’s policy is that all comments
plan adopted by the institution. and secondary education, Grant received will be included in the public
In sum, the Department acknowledges programs-education, Student aid. docket without change, and may be
that the amended regulations may result Dated: November 23, 2015.
made available online at
in some negative impact on minority www.regulations.gov, including any
Arne Duncan,
recruitment and enrollment. But neither personal information provided, unless
Secretary of Education. the comment includes information
the statute nor any information [FR Doc. 2015–30158 Filed 11–25–15; 8:45 am]
presented by the commenters or in the claimed to be Confidential Business
administrative record provides a basis
BILLING CODE 4000–01–P Information (CBI) or other information
for treating a recruitment program whose disclosure is restricted by statute.
directed at minority students differently Do not submit information that you
than an institution’s general or other ENVIRONMENTAL PROTECTION consider to be CBI, or otherwise
specific recruitment programs. AGENCY protected, through www.regulations.gov
or email. The www.regulations.gov Web
List of Subjects 40 CFR Part 52 site is an ‘‘anonymous access’’ system,
34 CFR Part 600 [EPA–R03–OAR–2015–0686; FRL–9939–38– which means EPA will not know your
Region 3] identity or contact information unless
Colleges and universities, Foreign you provide it in the body of your
relations, Grant programs-education, Approval and Promulgation of Air comment. If you send an email
Loan programs-education, Reporting Quality Implementation Plans; Virginia; comment directly to EPA without going
and recordkeeping requirements, Revision to the Definition of Volatile through www.regulations.gov, your
Student aid, Vocational education. Organic Compound email address will be automatically
34 CFR Part 602 captured and included as part of the
AGENCY: Environmental Protection comment that is placed in the public
Colleges and universities, Reporting Agency (EPA). docket and made available on the
and recordkeeping requirements. ACTION: Direct final rule. Internet. If you submit an electronic
34 CFR Part 603 comment, EPA recommends that you
SUMMARY: The Environmental Protection include your name and other contact
Colleges and universities, Vocational Agency (EPA) is taking direct final information in the body of your
education. action to approve a revision to the comment and with any disk or CD–ROM
34 CFR Part 668 Commonwealth of Virginia’s State you submit. If EPA cannot read your
Implementation Plan (SIP). The revision comment due to technical difficulties
Administrative practice and adds a compound to the list of
procedure, Aliens, Colleges and and cannot contact you for clarification,
substances not considered to be volatile EPA may not be able to consider your
universities, Consumer protection, organic compounds (VOCs). EPA is
Grant programs-education, Loan comment. Electronic files should avoid
approving this revision in accordance the use of special characters, any form
programs-education, Reporting and with the requirements of the Clean Air
recordkeeping requirements, Selective of encryption, and be free of any defects
Act (CAA). or viruses.
Service System, Student aid, Vocational
DATES: This rule is effective on January Docket: All documents in the
education.
26, 2016 without further notice, unless electronic docket are listed in the
34 CFR Part 682 EPA receives adverse written comment www.regulations.gov index. Although
Administrative practice and by December 28, 2015. If EPA receives listed in the index, some information is
procedure, Colleges and universities, such comments, it will publish a timely not publicly available, i.e., CBI or other
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Loan programs-education, Reporting withdrawal of the direct final rule in the information whose disclosure is
and recordkeeping requirements, Federal Register and inform the public restricted by statute. Certain other
Student aid, Vocational education. that the rule will not take effect. material, such as copyrighted material,
ADDRESSES: Submit your comments, is not placed on the Internet and will be
34 CFR Part 685 identified by Docket ID Number EPA– publicly available only in hard copy
Administrative practice and R03–OAR–2015–0686 by one of the form. Publicly available docket
procedure, Colleges and universities, following methods: materials are available in
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www.regulations.gov or may be viewed affected by the approval of this SIP assessment process; (3) demonstrate a
during normal business hours at the Air revision particularly as EPA has found clear, imminent and substantial danger
Protection Division, U.S. Environmental this compound negligibly reactive for to the public health or environment; or
Protection Agency, Region III, 1650 ozone formation. (4) are required by law.
Arch Street, Philadelphia, Pennsylvania III. Final Action On January 12, 1998, the
19103. Copies of the State submittal are Commonwealth of Virginia Office of the
available at the Virginia Department of EPA is approving the SIP revision to Attorney General provided a legal
Environmental Quality, 629 East Main the definition of VOC submitted by opinion that states that the Privilege
Street, Richmond, Virginia 23219. Virginia on September 17, 2015. EPA is Law, Va. Code § 10.1–1198, precludes
publishing this rule without prior granting a privilege to documents and
FOR FURTHER INFORMATION CONTACT:
proposal because EPA views this as a information ‘‘required by law,’’
Irene Shandruk, (215) 814–2166, or by
noncontroversial amendment and including documents and information
email at shandruk.irene@epa.gov.
anticipates no adverse comment. ‘‘required by Federal law to maintain
SUPPLEMENTARY INFORMATION: However, in the ‘‘Proposed Rules’’ program delegation, authorization or
I. Background section of today’s Federal Register, EPA approval,’’ since Virginia must ‘‘enforce
is publishing a separate document that Federally authorized environmental
Tropospheric ozone, commonly will serve as the proposal to approve the
known as smog, is formed when VOCs programs in a manner that is no less
SIP revision if adverse comments are stringent than their Federal
and nitrogen oxides react in the filed. This rule will be effective on
atmosphere in the presence of sunlight. counterparts. . . .’’ The opinion
January 26, 2016 without further notice
Because of the harmful health effects of concludes that ‘‘[r]egarding § 10.1–1198,
unless EPA receives adverse comment
ozone, EPA and state governments limit therefore, documents or other
by December 28, 2015. If EPA receives
the amount of VOCs that can be released information needed for civil or criminal
adverse comment, EPA will publish a
into the atmosphere. VOCs have enforcement under one of these
timely withdrawal in the Federal
different levels of reactivity, that is, programs could not be privileged
Register informing the public that the
some VOCs react slowly or form less because such documents and
rule will not take effect. EPA will
ozone, and therefore, changes in their information are essential to pursuing
address all public comments in a
emissions have limited effects on local enforcement in a manner required by
subsequent final rule based on the
or regional ozone pollution episodes. It Federal law to maintain program
proposed rule. EPA will not institute a
has been EPA’s policy that VOCs with second comment period on this action. delegation, authorization or approval.’’
a negligible level of reactivity should be Any parties interested in commenting Virginia’s Immunity law, Va. Code Sec.
excluded from the regulatory definition must do so at this time. 10.1–1199, provides that ‘‘[t]o the extent
of VOC contained at 40 CFR 51.100(s) so consistent with requirements imposed
as to focus control efforts on compounds IV. General Information Pertaining to by Federal law,’’ any person making a
that do significantly increase ozone SIP Submittals From the voluntary disclosure of information to a
concentrations. This is accomplished by Commonwealth of Virginia state agency regarding a violation of an
adding the substance to a list of In 1995, Virginia adopted legislation environmental statute, regulation,
compounds not considered to be VOCs, that provides, subject to certain permit, or administrative order is
and thus, excluded from the definition conditions, for an environmental granted immunity from administrative
of VOC. EPA believes that exempting assessment (audit) ‘‘privilege’’ for or civil penalty. The Attorney General’s
such compounds creates an incentive voluntary compliance evaluations January 12, 1998 opinion states that the
for industry to use negligibly reactive performed by a regulated entity. The quoted language renders this statute
compounds in place of more highly legislation further addresses the relative inapplicable to enforcement of any
reactive compounds that are regulated burden of proof for parties either Federally authorized programs, since
as VOCs. On March 27, 2014 (79 FR asserting the privilege or seeking ‘‘no immunity could be afforded from
17037), EPA revised the definition of disclosure of documents for which the administrative, civil, or criminal
VOC contained in 40 CFR 51.100 to privilege is claimed. Virginia’s penalties because granting such
exclude one substance from the legislation also provides, subject to immunity would not be consistent with
definition of VOC. The compound certain conditions, for a penalty waiver Federal law, which is one of the criteria
excluded from the definition of VOC is for violations of environmental laws for immunity.’’
2-amino-2-methyl-1-propanol (AMP). when a regulated entity discovers such Therefore, EPA has determined that
violations pursuant to a voluntary Virginia’s Privilege and Immunity
II. Summary of SIP Revision compliance evaluation and voluntarily statutes will not preclude the
On September 17, 2015, the discloses such violations to the Commonwealth from enforcing its
Commonwealth of Virginia (Virginia) Commonwealth and takes prompt and program consistent with the Federal
submitted a formal revision to its SIP appropriate measures to remedy the requirements. In any event, because
which consists of adding AMP to the list violations. Virginia’s Voluntary EPA has also determined that a state
of substances that are not considered Environmental Assessment Privilege audit privilege and immunity law can
VOCs found at 9VAC5–10–20. The Law, Va. Code Sec. 10.1–1198, provides affect only state enforcement and cannot
September 17, 2015 SIP revision will a privilege that protects from disclosure have any impact on Federal
allow the Virginia SIP to mirror the documents and information about the enforcement authorities, EPA may at
Federal definition of VOC. EPA believes content of those documents that are the any time invoke its authority under the
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that by excluding this negligibly product of a voluntary environmental CAA, including, for example, sections
reactive compound from the definition assessment. The Privilege Law does not 113, 167, 205, 211 or 213, to enforce the
of VOC an incentive is created for extend to documents or information requirements or prohibitions of the state
industry to use negligibly reactive that: (1) Are generated or developed plan, independently of any state
compounds in place of more highly before the commencement of a enforcement effort. In addition, citizen
reactive compounds; therefore, the air voluntary environmental assessment; (2) enforcement under section 304 of the
quality in Virginia will not be negatively are prepared independently of the CAA is likewise unaffected by this, or
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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 ............................. 7/30/15 11/27/15 [Insert Federal Definition of VOC is re-
Register Citation]. vised by adding 2-
amino-2-methyl-1-pro-
panol to the list of sub-
stances not considered
to be VOCs.
* * * * * * *
* * * * * Medicare-Dependent, Small Rural II. Summary of Errors and Corrections
[FR Doc. 2015–30108 Filed 11–25–15; 8:45 am] Hospital Program and the Low-Volume to Tables Posted on the CMS Web Site
BILLING CODE 6560–50–P Payment Adjustment for Hospitals; Since publication of the FY 2016
Correction.’’ IPPS/LTCH PPS correcting document,
DATES: Effective date: This correcting we discovered technical and
DEPARTMENT OF HEALTH AND typographic errors to data that appeared
HUMAN SERVICES document is effective November 25,
2015. Applicability date: This correcting in that document. Therefore, we are
document is applicable to discharges correcting the errors in the following
Centers for Medicare & Medicaid IPPS tables that are listed on page 49808
Services beginning October 1, 2015.
of the FY 2016 IPPS/LTCH PPS final
FOR FURTHER INFORMATION CONTACT: rule, that were discussed on pages
42 CFR Part 412 Donald Thompson, (410) 786–4487. 60056 and 60057 and corrected in the
[CMS–1632–CN2] SUPPLEMENTARY INFORMATION: FY 2016 IPPS/LTCH PPS correcting
RIN 0938–AS41 document. These tables are available on
I. Background the Internet on the CMS Web site at
Medicare Program; Hospital Inpatient In FR Doc. 2015–19049 which https://www.cms.gov/Medicare/
Prospective Payment Systems for appeared in the August 17, 2015 Medicare-Fee-for-Service-Payment/
Acute Care Hospitals and the Long- AcuteInpatientPPS/FY2016-IPPS-Final-
Federal Register (80 FR 49326), entitled
Term Care Hospital Prospective Rule-Home-Page.html:
‘‘Medicare Program; Hospital Inpatient Table 2—CASE MIX INDEX AND
Payment System Policy Changes and Prospective Payment Systems for Acute
Fiscal Year 2016 Rates; Revisions of WAGE INDEX TABLE BY CCN—FY
Care Hospitals and the Long-Term Care 2016 CORRECTION NOTICE. In the FY
Quality Reporting Requirements for Hospital Prospective Payment System
Specific Providers, Including Changes 2016 IPPS/LTCH PPS correcting
Policy Changes and Fiscal Year 2016 document, we inadvertently changed
Related to the Electronic Health Rates; Revisions of Quality Reporting
Record Incentive Program; Extensions the reclassification status for two
Requirements for Specific Providers, hospitals (CCNs 050152 and 050228). In
of the Medicare-Dependent, Small including Changes Related to the
Rural Hospital Program and the Low- Table 2 of the FY 2016 IPPS/LTCH PPS
Electronic Health Record Incentive final rule, prior to the revisions based
Volume Payment Adjustment for Program; Extensions of the Medicare-
Hospitals; Correction on the FY 2016 IPPS/LTCH PPS
Dependent, Small Rural Hospital correcting document, the
AGENCY: Centers for Medicare & Program and the Low-Volume Payment reclassification status for CCNs 050152
Medicaid Services (CMS), HHS. Adjustment for Hospitals’’ (hereinafter and 050228 correctly reflected an
ACTION: Final rule and interim final rule referred to as the FY 2016 IPPS/LTCH MGCRB reclassification to Reclassified/
with comment period; correction. PPS final rule), there were a number of Redesignated CBSA 36084. For these
technical and typographical errors. two hospitals, the ‘‘MGCRB Reclass’’
SUMMARY: This document corrects Therefore, we published a correcting column value will be corrected by
technical and typographical errors in document that appeared in the October adding a ‘‘Y’’ and the ‘‘Reclassified/
the correcting document that appeared 5, 2015 Federal Register (80 FR 60055) Redesignated CBSA’’ column value will
in the October 5, 2015 Federal Register, to correct those errors (hereinafter be corrected by adding ‘‘36084.’’
entitled ‘‘Medicare Program; Hospital referred to as the FY 2016 IPPS/LTCH Also, in Table 2 that was posted on
Inpatient Prospective Payment Systems PPS correcting document). The the Internet in conjunction with the FY
for Acute Care Hospitals and the Long provisions of the FY 2016 IPPS/LTCH 2016 IPPS/LTCH PPS correcting
mstockstill on DSK4VPTVN1PROD with RULES
Term Care Hospital Prospective PPS correcting document were effective document, we inadvertently listed the
Payment System Policy Changes and as if they had been included in the FY ‘‘County Name’’ and ‘‘County Code’’
Fiscal Year 2016 Rates; Revisions of 2016 IPPS/LTCH PPS final rule that values for CCN 050B21 as ‘‘FAIRFIELD’’
Quality Reporting Requirements for appeared in the August 17, 2015 and ‘‘07000’’, and for CCN 070B22 as
Specific Providers, including Changes Federal Register. Accordingly, those ‘‘FRESNO’’ and ‘‘05090’’. The ‘‘County
Related to the Electronic Health Record corrections were effective October 1, Name’’ and ‘‘County Code’’ values for
Incentive Program; Extensions of the 2015. CCN 050B21 should be ‘‘FRESNO’’ and
VerDate Sep<11>2014 17:27 Nov 25, 2015 Jkt 238001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\27NOR1.SGM 27NOR1](https://thefederalregister.org/doc/80_FR_74223/page/4.svg)
Document Created: 2015-12-14 14:05:54
Document Modified: 2015-12-14 14:05:54
| 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 January 26, 2016 without further notice, unless EPA receives adverse written comment by December 28, 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 73995 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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