81 FR 57466 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Minor New Source Review-Nonroad Engines
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 163 (August 23, 2016)
Federal Register Volume 81, Issue 163 (August 23, 2016)
| Page Range | 57466-57469 | |
| FR Document | 2016-19888 |
[Federal Register Volume 81, Number 163 (Tuesday, August 23, 2016)] [Rules and Regulations] [Pages 57466-57469] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19888] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2016-0418; FRL-9950-94-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Minor New Source Review--Nonroad Engines AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Commonwealth of Virginia state implementation plan (SIP). The revisions amend the definition of ``nonroad engine'' under Virginia's minor New Source Review (NSR) requirements to align with Federal requirements. EPA is approving these revisions to the Virginia SIP in accordance with the requirements of the Clean Air Act (CAA). DATES: This rule is effective on October 24, 2016 without further notice, unless EPA receives adverse written comment by September 22, 2016. 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 No. EPA-R03- OAR-2016-0418 at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: David Talley, (215) 814-2117, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On June 17, 2014, the Virginia Department of Environmental Quality (VADEQ), on behalf of the Commonwealth of Virginia, submitted a formal revision to its SIP. The SIP revision consists of amendments to the definition of ``nonroad engine'' under VADEQ's minor NSR regulations. Virginia has a SIP approved minor NSR program located in the Virginia Administrative Code (VAC) at 9VAC 5-80 which regulates certain modifications and construction of stationary sources within areas covered by its SIP as necessary to assure the national ambient air quality standards (NAAQS) are achieved. II. Summary of SIP Revision and EPA Analysis VADEQ's June 17, 2014 SIP submittal includes revisions to the definition of ``nonroad engine'' under the VAC, specifically 9VAC5-80- 1110. The definition of ``nonroad engine'' was expanded to include portable and temporary engines. The revision to 9VAC5-80-1110 makes VADEQ's definition more consistent with the Federal definition at 40 CFR 89.2. According to VADEQ, Federal design standards for internal combustion engines and Federal fuel standards for engines are already more restrictive than permit requirements for portable and temporary engines in Virginia's minor NSR program. Virginia's amended definition adopts the Federal definition of ``nonroad engine,'' grouping portable engines and temporary engines together with other non-mobile engines. The revised definition will streamline Virginia's minor NSR program by no longer requiring VADEQ to issue minor NSR permits without meaningful additional emissions control requirements on those engines. Virginia asserted the amended definition does not increase emissions or otherwise affect air quality. EPA finds these revisions are appropriate and meet the Federal requirements of 40 CFR 51.160 and 51.161, and CAA section 110(a)(2)(C) for a minor NSR program. Additionally, the revision to 9VAC5-80- 1110(and in particular the deletions in the revised regulation) are in accordance with [[Page 57467]] section 110(l) of the CAA because they will not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable CAA requirement. III. Final Action EPA is approving VADEQ's June 17, 2014 SIP submittal and incorporating the revised regulation into Virginia's SIP. 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 October 24, 2016 without further notice unless EPA receives adverse comment by September 22, 2016. 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 NSR program consistent with the federal requirements. In any event, because EPA has also determined that a state audit privilege and immunity law can affect only state enforcement and cannot have any impact on federal enforcement authorities, EPA may at any time invoke its authority under the CAA, including, for example, sections 113, 167, 205, 211 or 213, to enforce the requirements or prohibitions of the state plan, independently of any state enforcement effort. In addition, citizen enforcement under section 304 of the CAA is likewise unaffected by this, or any, state audit privilege or immunity law. V. Incorporation by Reference In this rule, 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 VADEQ rules regarding definitions and permitting requirements discussed in section II of this preamble. Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update of the SIP compilation.\1\ EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region III Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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); [[Page 57468]] 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 October 24, 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 pertaining to Virginia's minor NSR program 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: August 8, 2016. 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 Article 6--Permits for New and Modified Stationary Sources after Article 5 in 9 VAC 5-80 and adding an entry for 5-80-1110 to read as follows: Sec. 52.2420 Identification of plan. * * * * * (c) * * * EPA-Approved Virginia Regulations and Statutes ---------------------------------------------------------------------------------------------------------------- Explanation State citation Title/subject State EPA Approval date [former SIP effective date citation] ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- 9 VAC 5, Chapter 80 Permits for Stationary Sources [Part VIII] ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Article 6--Permits for New and Modified Stationary Sources ---------------------------------------------------------------------------------------------------------------- 5-80-1110.................. Definitions................ 3/27/14 8/23/16, [Insert .............. Federal Register Citation].. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 57469]] * * * * * [FR Doc. 2016-19888 Filed 8-22-16; 8:45 am] BILLING CODE 6560-50-P
![57466 Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Rules and Regulations
objections to this direct final rule are ENVIRONMENTAL PROTECTION submissions, and general guidance on
encouraged to file a comment in AGENCY making effective comments, please visit
response to the parallel notice of http://www2.epa.gov/dockets/
proposed rulemaking for this action 40 CFR Part 52 commenting-epa-dockets.
published in the proposed rules section [EPA–R03–OAR–2016–0418; FRL–9950–94– FOR FURTHER INFORMATION CONTACT:
of today’s Federal Register, rather than Region 3] David Talley, (215) 814–2117, or by
file an immediate petition for judicial email at talley.david@epa.gov.
review of this direct final rule, so that Approval and Promulgation of Air SUPPLEMENTARY INFORMATION:
EPA can withdraw this direct final rule Quality Implementation Plans; Virginia;
Minor New Source Review—Nonroad I. Background
and address the comment in the
Engines On June 17, 2014, the Virginia
proposed rulemaking. This action may
not be challenged later in proceedings to AGENCY: Environmental Protection Department of Environmental Quality
enforce its requirements. (See CAA Agency (EPA). (VADEQ), on behalf of the
section 307(b)(2).) ACTION: Direct final rule. Commonwealth of Virginia, submitted a
formal revision to its SIP. The SIP
List of Subjects in 40 CFR Part 52 SUMMARY: The Environmental Protection revision consists of amendments to the
Agency (EPA) is taking direct final definition of ‘‘nonroad engine’’ under
Environmental protection, Air action to approve revisions to the VADEQ’s minor NSR regulations.
pollution control, Incorporation by Commonwealth of Virginia state Virginia has a SIP approved minor NSR
reference, Intergovernmental relations, implementation plan (SIP). The program located in the Virginia
Ozone, Volatile organic compounds, revisions amend the definition of Administrative Code (VAC) at 9VAC 5–
Oxides of nitrogen. ‘‘nonroad engine’’ under Virginia’s 80 which regulates certain
Dated: August 5, 2016. minor New Source Review (NSR) modifications and construction of
Robert A. Kaplan,
requirements to align with Federal stationary sources within areas covered
requirements. EPA is approving these by its SIP as necessary to assure the
Acting Regional Administrator, Region 5. revisions to the Virginia SIP in national ambient air quality standards
40 CFR part 52 is amended as follows: accordance with the requirements of the (NAAQS) are achieved.
Clean Air Act (CAA).
DATES: This rule is effective on October
II. Summary of SIP Revision and EPA
PART 52—APPROVAL AND Analysis
PROMULGATION OF 24, 2016 without further notice, unless
IMPLEMENTATION PLANS EPA receives adverse written comment VADEQ’s June 17, 2014 SIP submittal
by September 22, 2016. If EPA receives includes revisions to the definition of
such comments, it will publish a timely ‘‘nonroad engine’’ under the VAC,
■ 1. The authority citation for part 52
withdrawal of the direct final rule in the specifically 9VAC5–80–1110. The
continues to read as follows:
Federal Register and inform the public definition of ‘‘nonroad engine’’ was
Authority: 42 U.S.C. 7401 et seq. that the rule will not take effect. expanded to include portable and
ADDRESSES: Submit your comments, temporary engines. The revision to
■ 2. Section 52.2585 is amended by 9VAC5–80–1110 makes VADEQ’s
identified by Docket ID No. EPA–R03–
adding paragraph (ee) to read as follows: OAR–2016–0418 at http:// definition more consistent with the
§ 52.2585 Control strategy; ozone. www.regulations.gov, or via email to Federal definition at 40 CFR 89.2.
campbell.dave@epa.gov. For comments According to VADEQ, Federal design
* * * * * submitted at Regulations.gov, follow the standards for internal combustion
(ee) Approval—On January 16, 2015, online instructions for submitting engines and Federal fuel standards for
the State of Wisconsin submitted a comments. Once submitted, comments engines are already more restrictive than
revision to its State Implementation cannot be edited or removed from permit requirements for portable and
Plan for Kenosha County, Wisconsin. Regulations.gov. For either manner of temporary engines in Virginia’s minor
The submittal established new Motor submission, EPA may publish any NSR program. Virginia’s amended
Vehicle Emissions Budgets (MVEB) for comment received to its public docket. definition adopts the Federal definition
Volatile Organic Compounds (VOC) and Do not submit electronically any of ‘‘nonroad engine,’’ grouping portable
Oxides of Nitrogen (NOX) for the year information you consider to be engines and temporary engines together
2015. The MVEBs for Kenosha County confidential business information (CBI) with other non-mobile engines. The
nonattainment area are now: 1.994 tons or other information whose disclosure is revised definition will streamline
per day of VOC emissions and 4.397 restricted by statute. Multimedia Virginia’s minor NSR program by no
tons per day of NOX emissions for the submissions (audio, video, etc.) must be longer requiring VADEQ to issue minor
year 2015. accompanied by a written comment. NSR permits without meaningful
The written comment is considered the additional emissions control
[FR Doc. 2016–20002 Filed 8–22–16; 8:45 am]
official comment and should include requirements on those engines. Virginia
BILLING CODE 6560–50–P discussion of all points you wish to asserted the amended definition does
make. EPA will generally not consider not increase emissions or otherwise
comments or comment contents located affect air quality.
outside of the primary submission (i.e. EPA finds these revisions are
on the web, cloud, or other file sharing appropriate and meet the Federal
ehiers on DSK5VPTVN1PROD with RULES
system). For additional submission requirements of 40 CFR 51.160 and
methods, please contact the person 51.161, and CAA section 110(a)(2)(C) for
identified in the FOR FURTHER a minor NSR program. Additionally, the
INFORMATION CONTACT section. For the revision to 9VAC5–80–1110(and in
full EPA public comment policy, particular the deletions in the revised
information about CBI or multimedia regulation) are in accordance with
VerDate Sep<11>2014 14:39 Aug 22, 2016 Jkt 238001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\23AUR1.SGM 23AUR1](https://thefederalregister.org/doc/81_FR_57629/page/1.svg)
![Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Rules and Regulations 57467
section 110(l) of the CAA because they are prepared independently of the V. Incorporation by Reference
will not interfere with any applicable assessment process; (3) demonstrate a In this rule, EPA is finalizing
requirement concerning attainment and clear, imminent and substantial danger regulatory text that includes
reasonable further progress, or any other to the public health or environment; or incorporation by reference. In
applicable CAA requirement. (4) are required by law. accordance with requirements of 1 CFR
On January 12, 1998, the 51.5, EPA is finalizing the incorporation
III. Final Action Commonwealth of Virginia Office of the
EPA is approving VADEQ’s June 17, by reference of the VADEQ rules
Attorney General provided a legal
2014 SIP submittal and incorporating regarding definitions and permitting
opinion that states that the Privilege
the revised regulation into Virginia’s requirements discussed in section II of
Law, Va. Code § 10.1–1198, precludes
SIP. EPA is publishing this rule without this preamble. Therefore, these
granting a privilege to documents and
prior proposal because EPA views this materials have been approved by EPA
information ‘‘required by law,’’
as a noncontroversial amendment and for inclusion in the SIP, have been
including documents and information
anticipates no adverse comment. incorporated by reference by EPA into
‘‘required by federal law to maintain
However, in the ‘‘Proposed Rules’’ that plan, are fully federally enforceable
program delegation, authorization or
section of today’s Federal Register, EPA under sections 110 and 113 of the CAA
approval,’’ since Virginia must ‘‘enforce
is publishing a separate document that as of the effective date of the final
federally authorized environmental
will serve as the proposal to approve the programs in a manner that is no less rulemaking of EPA’s approval, and will
SIP revision if adverse comments are stringent than their federal counterparts. be incorporated by reference by the
filed. This rule will be effective on . . .’’ The opinion concludes that Director of the Federal Register in the
October 24, 2016 without further notice ‘‘[r]egarding § 10.1–1198, therefore, next update of the SIP compilation.1
unless EPA receives adverse comment documents or other information needed EPA has made, and will continue to
by September 22, 2016. If EPA receives for civil or criminal enforcement under make, these materials generally
adverse comment, EPA will publish a one of these programs could not be available through www.regulations.gov
timely withdrawal in the Federal privileged because such documents and and/or at the EPA Region III Office
Register informing the public that the information are essential to pursuing (please contact the person identified in
rule will not take effect. EPA will enforcement in a manner required by the FOR FURTHER INFORMATION CONTACT
address all public comments in a federal law to maintain program section of this preamble for more
subsequent final rule based on the delegation, authorization or approval.’’ information).
proposed rule. EPA will not institute a Virginia’s Immunity law, Va. Code Sec. VI. Statutory and Executive Order
second comment period on this action. 10.1–1199, provides that ‘‘[t]o the extent Reviews
Any parties interested in commenting consistent with requirements imposed
must do so at this time. by federal law,’’ any person making a A. General Requirements
IV. General Information Pertaining to voluntary disclosure of information to a Under the CAA, the Administrator is
SIP Submittals From the state agency regarding a violation of an required to approve a SIP submission
Commonwealth of Virginia environmental statute, regulation, that complies with the provisions of the
permit, or administrative order is CAA and applicable Federal regulations.
In 1995, Virginia adopted legislation granted immunity from administrative 42 U.S.C. 7410(k); 40 CFR 52.02(a).
that provides, subject to certain or civil penalty. The Attorney General’s Thus, in reviewing SIP submissions,
conditions, for an environmental January 12, 1998 opinion states that the EPA’s role is to approve state choices,
assessment (audit) ‘‘privilege’’ for quoted language renders this statute provided that they meet the criteria of
voluntary compliance evaluations inapplicable to enforcement of any the CAA. Accordingly, this action
performed by a regulated entity. The federally authorized programs, since merely approves state law as meeting
legislation further addresses the relative ‘‘no immunity could be afforded from federal requirements and does not
burden of proof for parties either administrative, civil, or criminal impose additional requirements beyond
asserting the privilege or seeking penalties because granting such those imposed by state law.
disclosure of documents for which the immunity would not be consistent with For that reason, this action:
privilege is claimed. Virginia’s federal law, which is one of the criteria • Is not a ‘‘significant regulatory
legislation also provides, subject to for immunity.’’ action’’ subject to review by the Office
certain conditions, for a penalty waiver Therefore, EPA has determined that of Management and Budget under
for violations of environmental laws Virginia’s Privilege and Immunity Executive Orders 12866 (58 FR 51735,
when a regulated entity discovers such statutes will not preclude the October 4, 1993) and 13563 (76 FR 3821,
violations pursuant to a voluntary Commonwealth from enforcing its NSR January 21, 2011);
compliance evaluation and voluntarily program consistent with the federal • does not impose an information
discloses such violations to the requirements. In any event, because collection burden under the provisions
Commonwealth and takes prompt and EPA has also determined that a state of the Paperwork Reduction Act (44
appropriate measures to remedy the audit privilege and immunity law can U.S.C. 3501 et seq.);
violations. Virginia’s Voluntary affect only state enforcement and cannot • is certified as not having a
Environmental Assessment Privilege have any impact on federal enforcement significant economic impact on a
Law, Va. Code Sec. 10.1–1198, provides authorities, EPA may at any time invoke substantial number of small entities
a privilege that protects from disclosure its authority under the CAA, including, under the Regulatory Flexibility Act (5
documents and information about the for example, sections 113, 167, 205, 211 U.S.C. 601 et seq.);
content of those documents that are the or 213, to enforce the requirements or • does not contain any unfunded
ehiers on DSK5VPTVN1PROD with RULES
product of a voluntary environmental prohibitions of the state plan, mandate or significantly or uniquely
assessment. The Privilege Law does not independently of any state enforcement affect small governments, as described
extend to documents or information effort. In addition, citizen enforcement in the Unfunded Mandates Reform Act
that: (1) Are generated or developed under section 304 of the CAA is of 1995 (Pub. L. 104–4);
before the commencement of a likewise unaffected by this, or any, state
voluntary environmental assessment; (2) audit privilege or immunity law. 1 62 FR 27968 (May 22, 1997).
VerDate Sep<11>2014 14:39 Aug 22, 2016 Jkt 238001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\23AUR1.SGM 23AUR1](https://thefederalregister.org/doc/81_FR_57629/page/2.svg)
![57468 Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Rules and Regulations
• does not have federalism that before a rule may take effect, the This action pertaining to Virginia’s
implications as specified in Executive agency promulgating the rule must minor NSR program may not be
Order 13132 (64 FR 43255, August 10, submit a rule report, which includes a challenged later in proceedings to
1999); copy of the rule, to each House of the enforce its requirements. (See section
• is not an economically significant Congress and to the Comptroller General 307(b)(2).)
regulatory action based on health or of the United States. EPA will submit a
safety risks subject to Executive Order List of Subjects in 40 CFR Part 52
report containing this action and other
13045 (62 FR 19885, April 23, 1997); required information to the U.S. Senate, Environmental protection, Air
• is not a significant regulatory action the U.S. House of Representatives, and pollution control, Carbon monoxide,
subject to Executive Order 13211 (66 FR the Comptroller General of the United Incorporation by reference,
28355, May 22, 2001); States prior to publication of the rule in Intergovernmental relations, Lead,
• is not subject to requirements of the Federal Register. A major rule Nitrogen dioxide, Ozone, Particulate
Section 12(d) of the National cannot take effect until 60 days after it matter, Reporting and recordkeeping
Technology Transfer and Advancement is published in the Federal Register. requirements, Sulfur oxides, Volatile
Act of 1995 (15 U.S.C. 272 note) because This action is not a ‘‘major rule’’ as organic compounds.
application of those requirements would defined by 5 U.S.C. 804(2).
be inconsistent with the CAA; and
• does not provide EPA with the C. Petitions for Judicial Review Dated: August 8, 2016.
discretionary authority to address, as Shawn M. Garvin,
appropriate, disproportionate human Under section 307(b)(1) of the CAA, Regional Administrator, Region III.
health or environmental effects, using petitions for judicial review of this
practicable and legally permissible action must be filed in the United States 40 CFR part 52 is amended as follows:
methods, under Executive Order 12898 Court of Appeals for the appropriate
circuit by October 24, 2016. Filing a PART 52—APPROVAL AND
(59 FR 7629, February 16, 1994). PROMULGATION OF
The SIP is not approved to apply on petition for reconsideration by the
Administrator of this final rule does not IMPLEMENTATION PLANS
any Indian reservation land as defined
in 18 U.S.C. 1151 or in any other area affect the finality of this action for the
where EPA or an Indian tribe has purposes of judicial review nor does it ■ 1. The authority citation for part 52
demonstrated that a tribe has extend the time within which a petition continues to read as follows:
jurisdiction. In those areas of Indian for judicial review may be filed, and Authority: 42 U.S.C. 7401 et seq.
country, the rule does not have tribal shall not postpone the effectiveness of
implications and will not impose such rule or action. Parties with Subpart VV—Virginia
substantial direct costs on tribal objections to this direct final rule are
governments or preempt tribal law as encouraged to file a comment in ■ 2. In § 52.2420, the table in paragraph
specified by Executive Order 13175 (65 response to the parallel notice of (c) is amended by adding an entry for
FR 67249, November 9, 2000). proposed rulemaking for this action Article 6—Permits for New and
published in the proposed rules section Modified Stationary Sources after
B. Submission to Congress and the of today’s Federal Register, rather than Article 5 in 9 VAC 5–80 and adding an
Comptroller General file an immediate petition for judicial entry for 5–80–1110 to read as follows:
The Congressional Review Act, 5 review of this direct final rule, so that
§ 52.2420 Identification of plan.
U.S.C. 801 et seq., as added by the Small EPA can withdraw this direct final rule
Business Regulatory Enforcement and address the comment in the * * * * *
Fairness Act of 1996, generally provides proposed rulemaking action. (c) * * *
EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES
State Explanation
State citation Title/subject effective EPA Approval date [former SIP
date citation]
* * * * * * *
9 VAC 5, Chapter 80 Permits for Stationary Sources [Part VIII]
* * * * * * *
Article 6—Permits for New and Modified Stationary Sources
5–80–1110 ........ Definitions ......... 3/27/14 8/23/16, [Insert Federal Register Citation]. .............................................. ........................
* * * * * * *
ehiers on DSK5VPTVN1PROD with RULES
VerDate Sep<11>2014 14:39 Aug 22, 2016 Jkt 238001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\23AUR1.SGM 23AUR1](https://thefederalregister.org/doc/81_FR_57629/page/3.svg)
![Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Rules and Regulations 57469
* * * * * outside of the primary submission (i.e. maintenance area for the 1997 ozone
[FR Doc. 2016–19888 Filed 8–22–16; 8:45 am] on the web, cloud, or other file sharing NAAQS.
BILLING CODE 6560–50–P
system). For additional submission Before IDEM added the revised VOC
methods, please contact the person limit of 3.33 lbs VOC per gallon in 326
identified in the FOR FURTHER IAC 8–12–4(a)(1)(D), antifoulant
ENVIRONMENTAL PROTECTION INFORMATION CONTACT section. For the coatings were limited by the specialty
AGENCY full EPA public comment policy, coating limit of 2.83 lbs VOC per gallon
information about CBI or multimedia at 326 IAC 8–12–4(a)(1)(E), which IDEM
40 CFR Part 52 submissions, and general guidance on has moved to 326 IAC 8–12–4(a)(1)(F) in
making effective comments, please visit this revision. The revised limit of 3.33
[EPA–R05–OAR–2015–0523; FRL–9950–84–
Region 5] http://www2.epa.gov/dockets/ lbs VOC per gallon is consistent with
commenting-epa-dockets. the limit in Table 1–1 of EPA’s
Air Plan Approval; Indiana; FOR FURTHER INFORMATION CONTACT: Eric Alternative Control Techniques (ACT)
Shipbuilding Antifoulant Coatings Svingen, Environmental Engineer, Document: Surface Coating Operations
Attainment Planning and Maintenance at Shipbuilding and Ship Repair
AGENCY: Environmental Protection Facilities (EPA–453/R–94–032, April
Section, Air Programs Branch (AR–18J),
Agency (EPA). 1994). In addition, it is consistent with
Environmental Protection Agency,
ACTION: Direct final rule. the National Emission Standards for
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–4489, Hazardous Air Pollutants (NESHAP) for
SUMMARY: The Environmental Protection
svingen.eric@epa.gov. Shipbuilding and Ship Repair (Surface
Agency (EPA) is approving, as a revision
SUPPLEMENTARY INFORMATION: Coating) at 40 CFR part 63, subpart II.
to the Indiana State Implementation
Throughout this document whenever EPA’s CTG identifies the limit from the
Plan (SIP), a submittal by the Indiana
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean ACT as Reasonably Available Control
Department of Environmental
Management (IDEM) dated July 17, EPA. This SUPPLEMENTARY INFORMATION Technology (RACT), and states that the
2015. The submittal contains a new section is arranged as follows: NESHAP can be used as a model rule for
volatile organic compound (VOC) limit shipbuilding and ship repair facilities.
I. What is the background of this SIP In Indiana’s rulemaking, 326 IAC 8–
for antifoulant coatings used in revision?
12–4 is also revised to remove obsolete
shipbuilding and ship repair facilities II. What is EPA’s analysis of the State’s
submittal? dates and clarify a reference to EPA’s
located in Clark, Floyd, Lake, and Porter
III. What action is EPA taking? NESHAP for Shipbuilding and Ship
counties. The submittal also includes a
IV. Incorporation by Reference Repair (Surface Coating) at 40 CFR 63,
demonstration that this revision satisfies
the anti-backsliding provisions of the
V. Statutory and Executive Order Reviews subpart II.
This SIP revision relies on offsets
Clean Air Act (CAA). The submittal I. What is the background of this SIP
generated by the Architectural and
additionally removes obsolete dates and revision?
Industrial Maintenance (AIM) coatings
clarifies a citation. On July 17, 2015, IDEM submitted to rule at 326 IAC 8–14 to compensate for
DATES: This direct final rule will be EPA a request to incorporate into the increase in allowable VOC
effective October 24, 2016, unless EPA Indiana’s SIP a revised version of 326 emissions.
receives adverse comments by Indiana Administrative Code (IAC) 8–
September 22, 2016. If adverse 12–4, ‘‘Volatile organic compound II. What is EPA’s analysis of the State’s
comments are received, EPA will emissions limiting requirements,’’ with submittal?
publish a timely withdrawal of the an effective date of June 21, 2015. Revisions to SIP-approved control
direct final rule in the Federal Register Indiana’s rulemaking adds, at 326 IAC measures must meet the requirements
informing the public that the rule will 8–12–4(a)(1)(D), a VOC limit of 3.33 lbs of, among other statutory provisions,
not take effect. VOC per gallon for antifoulant coatings section 110(l) of the CAA in order to be
ADDRESSES: Submit your comments, used in shipbuilding and ship repair approved by EPA. Section 110(l), known
identified by Docket ID No. EPA–R05– facilities located in Clark, Floyd, Lake, as EPA’s anti-backsliding provision,
OAR–2015–0523 at http:// and Porter counties. In 326 IAC 8–12– states:
www.regulations.gov or via email to 3(22)(C), an ‘‘antifoulant specialty ‘‘The Administrator shall not approve
aburano.douglas@epa.gov. For coating’’ is defined as any coating that a revision of a plan if the revision would
comments submitted at Regulations.gov, is applied to the underwater portion of interfere with any applicable
follow the online instructions for a vessel to prevent or reduce the requirement concerning attainment and
submitting comments. Once submitted, attachment of biological organisms and reasonable further progress (as defined
comments cannot be edited or removed that is registered with the EPA as a in section 171), or any other applicable
from Regulations.gov. For either manner pesticide under the Federal Insecticide, requirement of this Act.’’
of submission, EPA may publish any Fungicide, and Rodenticide Act. The In the absence of an attainment
comment received to its public docket. same definition is provided in EPA’s demonstration, to demonstrate no
Do not submit electronically any Control Techniques Guidelines (CTG) interference with any applicable
information you consider to be for Shipbuilding and Ship Repair NAAQS or requirement of the CAA
Confidential Business Information (CBI) Operations (Surface Coating) (61 FR under section 110(l), states may
or other information whose disclosure is 44050, August 27, 1996). Clark and substitute equivalent emissions
restricted by statute. Multimedia Floyd counties are part of the Louisville, reductions to compensate for any
submissions (audio, video, etc.) must be KY-IN maintenance area for the 1997 change to a SIP-approved program, as
ehiers on DSK5VPTVN1PROD with RULES
accompanied by a written comment. ozone National Ambient Air Quality long as actual emissions are not
The written comment is considered the Standard (NAAQS), and Lake and Porter increased. ‘‘Equivalent’’ emissions
official comment and should include counties are part of the Chicago- reductions mean reductions which are
discussion of all points you wish to Naperville, IL-IN-WI nonattainment area equal to or greater than those reductions
make. EPA will generally not consider for the 2008 ozone NAAQS and the achieved by the control measure
comments or comment contents located Chicago-Gary-Lake County, IL-IN approved in the SIP. To show that
VerDate Sep<11>2014 14:39 Aug 22, 2016 Jkt 238001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\23AUR1.SGM 23AUR1](https://thefederalregister.org/doc/81_FR_57629/page/4.svg)
Document Created: 2018-02-09 11:40:27
Document Modified: 2018-02-09 11:40:27
| 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 October 24, 2016 without further notice, unless EPA receives adverse written comment by September 22, 2016. 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 | David Talley, (215) 814-2117, or by email at [email protected] | |
| FR Citation | 81 FR 57466 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR