81 FR 57531 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Adoption of Control Techniques Guidelines for Control of Volatile Organic Compound Emissions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 163 (August 23, 2016)
Federal Register Volume 81, Issue 163 (August 23, 2016)
| Page Range | 57531-57534 | |
| FR Document | 2016-20143 |
[Federal Register Volume 81, Number 163 (Tuesday, August 23, 2016)] [Proposed Rules] [Pages 57531-57534] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20143] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2016-0335; FRL-9951-13-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Adoption of Control Techniques Guidelines for Control of Volatile Organic Compound Emissions AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve state implementation plan (SIP) revisions submitted by the Commonwealth of Virginia (Virginia). These revisions include amendments to the Virginia Department of Environmental Quality's (VADEQ) regulations and address the requirement to adopt Reasonably Available Control Technology (RACT) for sources covered by EPA's Control Techniques Guidelines (CTG) standards for the following categories: Offset lithographic printing and letterpress printing, industrial solvent cleaning operations, miscellaneous industrial adhesives, and miscellaneous metal and plastic parts coatings. This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before September 22, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03- OAR-2016-0335 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, the 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. The 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: Leslie Jones Doherty, (215) 814-3409, or by email at [email protected]. SUPPLEMENTARY INFORMATION: On February 1, 2016, Virginia, through the VADEQ, submitted three revisions to the Virginia SIP concerning the adoption of EPA CTGs for offset lithographic printing and letterpress printing, industrial solvent cleaning operations, miscellaneous industrial adhesives, and miscellaneous metal and plastic parts coatings sources in the specific portion of Virginia known as the Northern Virginia Volatile Organic Compound Emissions Control Area. I. Background On March 27, 2008, EPA revised the 8-hour ozone standard to a new 0.075 parts per million (ppm) level (73 FR 16436). On May 21, 2012, EPA finalized designations for the 2008 8-hour ozone NAAQS (77 FR 30087) in which the Washington, DC-MD-VA area was designated marginal nonattainment. See 40 CFR 81.347. Section 172(c)(1) of the CAA provides that SIPs for nonattainment areas must include reasonably available control measures (RACM), including RACT, for sources of emissions.\1\ However, the northern portion of Virginia is also part of the Metropolitan Statistical Area of the District Columbia which is in the ozone transport region (OTR) established under section 184(a) of the CAA. Pursuant to section 184(b)(1)(B) of the CAA, all areas in the OTR must implement RACT with respect to sources of volatile organic compounds (VOCs) in the state covered by a CTG issued before or after November 15, 1990. In addition, pursuant to CAA section 184(b)(2), stationary sources in states or portions of a state within the OTR that emit at least 50 tons per year of VOCs shall be considered major stationary sources subject to requirements applicable to major stationary sources if the area were classified as a Moderate nonattainment area including requirements for CTGs and RACT. --------------------------------------------------------------------------- \1\ EPA defines RACT as ``the lowest emission limitation that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility.'' 44 FR 53761 (September 17, 1979). --------------------------------------------------------------------------- [[Page 57532]] Thus, Virginia must implement for its SIP RACT with respect to sources of VOCs covered by CTGs in the northern portion of Virginia that is part of the Metropolitan Statistical Area of the District Columbia and within the OTR (which Virginia refers to as the ``Northern Virginia Volatile Organic Compound Emissions Control Area'').\2\ CAA section 184(b)(1)(B) and (2). --------------------------------------------------------------------------- \2\ The northern portion of Virginia is defined as the Northern Virginia Volatile Organic Compound Emissions Control Area in 9VAC5- 20-206 (General Provisions). --------------------------------------------------------------------------- CTGs are documents issued by EPA intended to provide state and local air pollution control authorities information to assist them in determining RACT for VOC from various sources. Section 183(e)(3)(c) provides that EPA may issue a CTG in lieu of a national regulation as RACT for a product category where EPA determines that the CTG will be substantially as effective as regulations in reducing emissions of VOC in ozone nonattainment areas. The recommendations in the CTG are based upon available data and information and may not apply to a particular situation based upon the circumstances. States can follow the CTG and adopt state regulations to implement the recommendations contained therein, or they can adopt alternative approaches. In either case, states must submit their RACT rules to EPA for review and approval as part of the SIP process. In 1993, EPA published a draft CTG for offset lithographic printing (58 FR 59261). After reviewing comments on the draft CTG and soliciting additional information to help clarify those comments, EPA published an alternative control techniques (ACT) document in June 1994 that provided supplemental information for states to use in developing rules based on RACT for offset lithographic printing. In 1994, EPA developed an ACT document for industrial cleaning solvents. No previous EPA actions have been taken regarding miscellaneous industrial adhesives application operations. In 1978, EPA published a CTG for miscellaneous metal parts and products and in 1994 EPA published an ACT for the coating of automotive/transportation and business machine plastic parts surface coatings. After reviewing the 1978 and 1993 CTGs and 1994 ACTs for these industries, conducting a review of currently existing state and local VOC emission reduction approaches for these industries, and taking into account any information that has become available since then, EPA developed new CTGs entitled Control Techniques Guidelines for Offset Lithographic and Letterpress Printing (Publication No. EPA 453/ R-06-002; September 2006); Control Techniques Guidelines for Industrial Cleaning Solvents (Publication No. EPA 453/R-06-001; September 2006); Control Techniques Guidelines for Miscellaneous Industrial Adhesives (Publication No. EPA 453/R-08-005; September 2008); and Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings (Publication No. EPA 453/R-08-003; September 2008). The CTG recommendations may not apply to a particular situation based upon the circumstances of a specific source. Regardless of whether a state chooses to implement the recommendations contained within the CTGs through state rules, or to issue state rules that adopt different approaches for RACT for VOCs, states must submit their RACT rules to EPA for review and approval as part of the SIP process. II. Summary of SIP Revisions and EPA Analysis On February 1, 2016, Virginia, through the VADEQ, submitted three revisions to the Virginia SIP concerning the adoption of the EPA CTGs for offset lithographic printing and letterpress printing, industrial solvent cleaning operations, miscellaneous industrial adhesives, and miscellaneous metal and plastic parts coatings in the Northern Virginia Volatile Organic Compound Emissions Control Area. These regulations are contained in the following Articles in regulation 9VAC5 Chapter 40, Existing Stationary Sources: Article 56, Emission Standards for Letterpress Printing Operations in the Northern Virginia Volatile Organic Compound Emissions Control Area, 8-Hour Ozone Standard; Article 56.1, Emission Standards for Offset Lithographic Printing Operations in the Northern Virginia Volatile Organic Compound Emissions Control Area, 8-Hour Ozone Standard; Article 57, Emission Standards for Industrial Solvent Cleaning Operations in the Northern Virginia Volatile Organic Compound Emissions Control Area, 8-Hour Ozone Standard; Article 58, Emission Standards for Miscellaneous Industrial Adhesive Application Processes in the Northern Virginia Volatile Organic Compound Emissions Control Area, 8-Hour Ozone Standard; and Article 59, Emission Standards for Miscellaneous Metal Parts and Products Coating Application Systems in the Northern Virginia Volatile Organic Compound Emissions Control Area, 8-Hour Ozone Standard. These regulations: (1) Establish applicability for offset lithographic printing and letterpress printing, industrial cleaning solvent operations, miscellaneous industrial adhesives, and miscellaneous metal and plastic parts coatings at facilities; (2) establish exemptions; (3) establish emission limitations and work practice requirements; and (4) establish monitoring, notification, record-keeping and reporting requirements. The SIP revisions also amend regulations 9VAC5 Chapter 40, Existing Stationary Sources, Article 34 and Article 53. In regulation 9VAC5 Chapter 40, Article 34, Emission Standards for Miscellaneous Metal Parts and Products Coating Application Systems, section 4760, was amended to exempt VOC sources in the Northern Virginia Volatile Organic Compound Emissions Control Area from its provisions. See 9VAC5-40-4760. On and after February 1, 2017, these sources are subject to Article 59, Emission Standards for Miscellaneous Metal Parts and Products Coating Application Systems in the Northern Virginia Volatile Organic Compound Emissions Control Area, 8-Hour Ozone Standard. Regulation 9VAC5 Chapter 40, Article 53, Emission Standards for Lithographic Printing Processes, section 7800, was amended to exempt offset lithographic printing processes from its provisions and refers applicable facilities to the provisions in Article 56.1, Emission Standards for Offset Lithographic Printing Operations in the Northern Virginia Volatile Organic Compound Emissions Control Area, 8-Hour Ozone Standard. See 9VAC5-40-7800. Virginia has also amended supporting definitions in 9VAC5, Chapter 20, General Provisions which relate to the new CTG standards. EPA's review of the new and revised regulations submitted by VADEQ finds that the submitted revisions of regulation 9VAC5, Chapter 40, Existing Stationary Sources, and 9VAC5, Chapter 20, General Provisions, address the requirements to adopt RACT for sources located in Virginia covered by EPA's CTG recommendations for control of VOC emissions in accordance with CAA section 184(b)(1)(B) and (2) for the following categories: Offset lithographic printing and letterpress printing, industrial cleaning solvent operations, miscellaneous industrial adhesives, and miscellaneous metal and plastic parts coatings. EPA also finds the Virginia regulations, which adopt the equivalent of the specific EPA CTG recommendations, address CAA requirements for RACT in sections 172 and 182 as referenced by section 184. More detailed information on these provisions as well as a detailed summary of EPA's review and rationale [[Page 57533]] for proposing to approve these SIP revisions can be found in the Technical Support Document (TSD) for this action which is available on line at www.regulations.gov, Docket number EPA-R03-OAR-2016-0335. III. Proposed Action EPA is proposing to approve the Virginia SIP revisions submitted on February 1, 2016, which consist of amendments to regulation 9VAC5 Chapter 40, Existing Stationary Sources and 9VAC5 Chapter 20, General Provisions, and address the requirement to adopt RACT for sources located in the Northern Virginia VOC Emissions Control Area covered by EPA's CTG standards in accordance with CAA requirements in sections 172, 182 and 184 for the following categories: Offset lithographic printing and letterpress printing, industrial cleaning solvent operations, miscellaneous industrial adhesives, and miscellaneous metal and plastic parts coatings. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. IV. General Information Pertaining to SIP Submittals From the Commonwealth of Virginia In 1995, Virginia adopted legislation that provides, subject to certain conditions, for an environmental assessment (audit) ``privilege'' for voluntary compliance evaluations performed by a regulated entity. The legislation further addresses the relative burden of proof for parties either asserting the privilege or seeking disclosure of documents for which the privilege is claimed. Virginia's legislation also provides, subject to certain conditions, for a penalty waiver for violations of environmental laws when a regulated entity discovers such violations pursuant to a voluntary compliance evaluation and voluntarily discloses such violations to the Commonwealth and takes prompt and appropriate measures to remedy the violations. Virginia's Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1- 1198, provides a privilege that protects from disclosure documents and information about the content of those documents that are the product of a voluntary environmental assessment. The Privilege Law does not extend to documents or information that: (1) Are generated or developed before the commencement of a voluntary environmental assessment; (2) are prepared independently of the assessment process; (3) demonstrate a clear, imminent and substantial danger to the public health or environment; or (4) are required by law. On January 12, 1998, the Commonwealth of Virginia Office of the Attorney General provided a legal opinion that states that the Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege to documents and information ``required by law,'' including documents and information ``required by federal law to maintain program delegation, authorization or approval,'' since Virginia must ``enforce federally authorized environmental programs in a manner that is no less stringent than their federal counterparts. . . .'' The opinion concludes that ``[r]egarding Sec. 10.1-1198, therefore, documents or other information needed for civil or criminal enforcement under one of these programs could not be privileged because such documents and information are essential to pursuing enforcement in a manner required by federal law to maintain program delegation, authorization or approval.'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent consistent with requirements imposed by federal law,'' any person making a voluntary disclosure of information to a state agency regarding a violation of an environmental statute, regulation, permit, or administrative order is granted immunity from administrative or civil penalty. The Attorney General's January 12, 1998 opinion states that the quoted language renders this statute inapplicable to enforcement of any federally authorized programs, since ``no immunity could be afforded from administrative, civil, or criminal penalties because granting such immunity would not be consistent with federal law, which is one of the criteria for immunity.'' Therefore, EPA has determined that Virginia's Privilege and Immunity statutes will not preclude the Commonwealth from enforcing its program consistent with the federal requirements. In any event, because EPA has also determined that a state audit privilege and immunity law can affect only state enforcement and cannot have any impact on federal enforcement authorities, EPA may at any time invoke its authority under the CAA, including, for example, sections 113, 167, 205, 211 or 213, to enforce the requirements or prohibitions of the state plan, independently of any state enforcement effort. In addition, citizen enforcement under section 304 of the CAA is likewise unaffected by this, or any, state audit privilege or immunity law. V. Incorporation by Reference In this proposed rulemaking action, EPA is proposing to include in a final EPA rule, regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference the VADEQ regulations regarding control of VOC emissions from offset lithographic printing and letterpress printing, industrial solvent cleaning operations, miscellaneous industrial adhesives, and miscellaneous metal and plastic parts coatings in the Northern Virginia Volatile Organic Compound Emissions Control Area as described in section II of this proposed action. EPA has made, and will continue to make, these materials generally available through http://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). VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive 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); 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 [[Page 57534]] 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 RACT rules for sources in northern Virginia in this action do 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: August 10, 2016. Shawn M. Garvin, Regional Administrator, Region III. [FR Doc. 2016-20143 Filed 8-22-16; 8:45 am] BILLING CODE 6560-50-P
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under the Regulatory Flexibility Act (5 ENVIRONMENTAL PROTECTION contact the person identified in the FOR
U.S.C. 601 et seq.); AGENCY FURTHER INFORMATION CONTACT section.
• does not contain any unfunded For the full EPA public comment policy,
40 CFR Part 52 information about CBI or multimedia
mandate or significantly or uniquely
affect small governments, as described [EPA–R03–OAR–2016–0335; FRL–9951–13– submissions, and general guidance on
Region 3] making effective comments, please visit
in the Unfunded Mandates Reform Act
http://www2.epa.gov/dockets/
of 1995 (Pub. L. 104–4);
Approval and Promulgation of Air commenting-epa-dockets.
• does not have Federalism Quality Implementation Plans; Virginia; FOR FURTHER INFORMATION CONTACT:
implications as specified in Executive Adoption of Control Techniques Leslie Jones Doherty, (215) 814–3409, or
Order 13132 (64 FR 43255, August 10, Guidelines for Control of Volatile by email at jones.leslie@epa.gov.
1999); Organic Compound Emissions SUPPLEMENTARY INFORMATION: On
• is not an economically significant AGENCY: Environmental Protection February 1, 2016, Virginia, through the
regulatory action based on health or Agency (EPA). VADEQ, submitted three revisions to
safety risks subject to Executive Order the Virginia SIP concerning the
ACTION: Proposed rule.
13045 (62 FR 19885, April 23, 1997); adoption of EPA CTGs for offset
• is not a significant regulatory action SUMMARY: The Environmental Protection lithographic printing and letterpress
subject to Executive Order 13211 (66 FR Agency (EPA) is proposing to approve printing, industrial solvent cleaning
28355, May 22, 2001); state implementation plan (SIP) operations, miscellaneous industrial
revisions submitted by the adhesives, and miscellaneous metal and
• is not subject to requirements of plastic parts coatings sources in the
Commonwealth of Virginia (Virginia).
Section 12(d) of the National These revisions include amendments to specific portion of Virginia known as
Technology Transfer and Advancement the Virginia Department of the Northern Virginia Volatile Organic
Act of 1995 (15 U.S.C. 272 note) because Environmental Quality’s (VADEQ) Compound Emissions Control Area.
application of those requirements would regulations and address the requirement
be inconsistent with the CAA; and I. Background
to adopt Reasonably Available Control
• does not provide EPA with the Technology (RACT) for sources covered On March 27, 2008, EPA revised the
discretionary authority to address, as by EPA’s Control Techniques 8-hour ozone standard to a new 0.075
appropriate, disproportionate human Guidelines (CTG) standards for the parts per million (ppm) level (73 FR
following categories: Offset lithographic 16436). On May 21, 2012, EPA finalized
health or environmental effects, using
printing and letterpress printing, designations for the 2008 8-hour ozone
practicable and legally permissible
industrial solvent cleaning operations, NAAQS (77 FR 30087) in which the
methods, under Executive Order 12898
miscellaneous industrial adhesives, and Washington, DC-MD-VA area was
(59 FR 7629, February 16, 1994). designated marginal nonattainment. See
miscellaneous metal and plastic parts
The SIP is not approved to apply on coatings. This action is being taken 40 CFR 81.347. Section 172(c)(1) of the
any Indian reservation land or in any under the Clean Air Act (CAA). CAA provides that SIPs for
other area where EPA or an Indian tribe nonattainment areas must include
DATES: Written comments must be
has demonstrated that a tribe has reasonably available control measures
received on or before September 22,
jurisdiction. In those areas of Indian (RACM), including RACT, for sources of
2016.
country, the rule does not have tribal emissions.1 However, the northern
implications as specified by Executive ADDRESSES: Submit your comments, portion of Virginia is also part of the
Order 13175 (65 FR 67249, November 9, identified by Docket ID No. EPA–R03– Metropolitan Statistical Area of the
2000), nor will it impose substantial OAR–2016–0335 at http:// District Columbia which is in the ozone
direct costs on tribal governments or www.regulations.gov, or via email to transport region (OTR) established
preempt tribal law. fernendez.cristina@epa.gov. For under section 184(a) of the CAA.
comments submitted at Regulations.gov, Pursuant to section 184(b)(1)(B) of the
List of Subjects in 40 CFR Part 52 follow the online instructions for CAA, all areas in the OTR must
submitting comments. Once submitted, implement RACT with respect to
Environmental protection, Air comments cannot be edited or removed sources of volatile organic compounds
pollution control, Incorporation by from Regulations.gov. For either manner (VOCs) in the state covered by a CTG
reference, Reporting and recordkeeping of submission, the EPA may publish any issued before or after November 15,
requirements, Sulfur oxides. comment received to its public docket. 1990. In addition, pursuant to CAA
Authority: 42 U.S.C. 7401 et seq. Do not submit electronically any section 184(b)(2), stationary sources in
information you consider to be states or portions of a state within the
Dated: August 15, 2016.
confidential business information (CBI) OTR that emit at least 50 tons per year
Heather McTeer Toney, or other information whose disclosure is of VOCs shall be considered major
Regional Administrator, Region 4. restricted by statute. Multimedia stationary sources subject to
[FR Doc. 2016–20118 Filed 8–22–16; 8:45 am] submissions (audio, video, etc.) must be requirements applicable to major
BILLING CODE 6560–50–P accompanied by a written comment. stationary sources if the area were
The written comment is considered the classified as a Moderate nonattainment
srobinson on DSK5SPTVN1PROD with PROPOSALS
official comment and should include area including requirements for CTGs
discussion of all points you wish to and RACT.
make. The EPA will generally not
consider comments or comment 1 EPA defines RACT as ‘‘the lowest emission
contents located outside of the primary limitation that a particular source is capable of
meeting by the application of control technology
submission (i.e. on the web, cloud, or that is reasonably available considering
other file sharing system). For technological and economic feasibility.’’ 44 FR
additional submission methods, please 53761 (September 17, 1979).
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for proposing to approve these SIP to the public health or environment; or V. Incorporation by Reference
revisions can be found in the Technical (4) are required by law. In this proposed rulemaking action,
Support Document (TSD) for this action On January 12, 1998, the EPA is proposing to include in a final
which is available on line at Commonwealth of Virginia Office of the EPA rule, regulatory text that includes
www.regulations.gov, Docket number Attorney General provided a legal incorporation by reference. In
EPA–R03–OAR–2016–0335. opinion that states that the Privilege accordance with requirements of 1 CFR
III. Proposed Action law, Va. Code Sec. 10.1–1198, precludes 51.5, EPA is proposing to incorporate by
EPA is proposing to approve the granting a privilege to documents and reference the VADEQ regulations
Virginia SIP revisions submitted on information ‘‘required by law,’’ regarding control of VOC emissions
February 1, 2016, which consist of including documents and information from offset lithographic printing and
amendments to regulation 9VAC5 ‘‘required by federal law to maintain letterpress printing, industrial solvent
Chapter 40, Existing Stationary Sources program delegation, authorization or cleaning operations, miscellaneous
and 9VAC5 Chapter 20, General approval,’’ since Virginia must ‘‘enforce industrial adhesives, and miscellaneous
Provisions, and address the requirement federally authorized environmental metal and plastic parts coatings in the
to adopt RACT for sources located in the programs in a manner that is no less Northern Virginia Volatile Organic
Northern Virginia VOC Emissions stringent than their federal Compound Emissions Control Area as
Control Area covered by EPA’s CTG counterparts. . . .’’ The opinion described in section II of this proposed
standards in accordance with CAA concludes that ‘‘[r]egarding § 10.1–1198, action. EPA has made, and will
requirements in sections 172, 182 and therefore, documents or other continue to make, these materials
184 for the following categories: Offset information needed for civil or criminal generally available through http://
lithographic printing and letterpress enforcement under one of these www.regulations.gov and/or at the EPA
printing, industrial cleaning solvent programs could not be privileged Region III Office (please contact the
operations, miscellaneous industrial because such documents and person identified in the FOR FURTHER
adhesives, and miscellaneous metal and information are essential to pursuing INFORMATION CONTACT section of this
plastic parts coatings. EPA is soliciting enforcement in a manner required by preamble for more information).
public comments on the issues federal law to maintain program VI. Statutory and Executive Order
discussed in this document. These delegation, authorization or approval.’’ Reviews
comments will be considered before Virginia’s Immunity law, Va. Code
taking final action. Under the CAA, the Administrator is
Sec. 10.1–1199, provides that ‘‘[t]o the required to approve a SIP submission
IV. General Information Pertaining to extent consistent with requirements that complies with the provisions of the
SIP Submittals From the imposed by federal law,’’ any person CAA and applicable Federal regulations.
Commonwealth of Virginia making a voluntary disclosure of 42 U.S.C. 7410(k); 40 CFR 52.02(a).
In 1995, Virginia adopted legislation information to a state agency regarding Thus, in reviewing SIP submissions,
that provides, subject to certain a violation of an environmental statute, EPA’s role is to approve state choices,
conditions, for an environmental regulation, permit, or administrative provided that they meet the criteria of
assessment (audit) ‘‘privilege’’ for order is granted immunity from the CAA. Accordingly, this action
voluntary compliance evaluations administrative or civil penalty. The merely approves state law as meeting
performed by a regulated entity. The Attorney General’s January 12, 1998 Federal requirements and does not
legislation further addresses the relative opinion states that the quoted language impose additional requirements beyond
burden of proof for parties either renders this statute inapplicable to those imposed by state law. For that
asserting the privilege or seeking enforcement of any federally authorized reason, this proposed action:
disclosure of documents for which the programs, since ‘‘no immunity could be • is not a ‘‘significant regulatory
privilege is claimed. Virginia’s afforded from administrative, civil, or action’’ subject to review by the Office
legislation also provides, subject to criminal penalties because granting of Management and Budget under
certain conditions, for a penalty waiver such immunity would not be consistent Executive Orders 12866 (58 FR 51735,
for violations of environmental laws with federal law, which is one of the October 4, 1993) and 13563 (76 FR 3821,
when a regulated entity discovers such criteria for immunity.’’ January 21, 2011);
violations pursuant to a voluntary Therefore, EPA has determined that • does not impose an information
compliance evaluation and voluntarily Virginia’s Privilege and Immunity collection burden under the provisions
discloses such violations to the statutes will not preclude the of the Paperwork Reduction Act (44
Commonwealth and takes prompt and Commonwealth from enforcing its U.S.C. 3501 et seq.);
appropriate measures to remedy the program consistent with the federal • is certified as not having a
violations. Virginia’s Voluntary requirements. In any event, because significant economic impact on a
Environmental Assessment Privilege EPA has also determined that a state substantial number of small entities
Law, Va. Code Sec. 10.1–1198, provides audit privilege and immunity law can under the Regulatory Flexibility Act (5
a privilege that protects from disclosure affect only state enforcement and cannot U.S.C. 601 et seq.);
documents and information about the have any impact on federal enforcement • does not contain any unfunded
content of those documents that are the authorities, EPA may at any time invoke mandate or significantly or uniquely
product of a voluntary environmental its authority under the CAA, including, affect small governments, as described
srobinson on DSK5SPTVN1PROD with PROPOSALS
assessment. The Privilege Law does not for example, sections 113, 167, 205, 211 in the Unfunded Mandates Reform Act
extend to documents or information or 213, to enforce the requirements or of 1995 (Pub. L. 104–4);
that: (1) Are generated or developed prohibitions of the state plan, • does not have federalism
before the commencement of a independently of any state enforcement implications as specified in Executive
voluntary environmental assessment; (2) effort. In addition, citizen enforcement Order 13132 (64 FR 43255, August 10,
are prepared independently of the under section 304 of the CAA is 1999);
assessment process; (3) demonstrate a likewise unaffected by this, or any, state • is not an economically significant
clear, imminent and substantial danger audit privilege or immunity law. regulatory action based on health or
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safety risks subject to Executive Order requirements under Virginia’s minor section of this Federal Register
13045 (62 FR 19885, April 23, 1997); New Source Review (NSR) program. In publication.
• is not a significant regulatory action the Final Rules section of this Federal Dated: August 8, 2016.
subject to Executive Order 13211 (66 FR Register, EPA is approving the State’s Shawn M. Garvin,
28355, May 22, 2001); SIP submittal as a direct final rule
Regional Administrator, Region III.
• is not subject to requirements of without prior proposal because the
[FR Doc. 2016–19878 Filed 8–22–16; 8:45 am]
Section 12(d) of the National Agency views this as a noncontroversial
Technology Transfer and Advancement submittal and anticipates no adverse BILLING CODE 6560–50–P
Act of 1995 (15 U.S.C. 272 note) because comments. A detailed rationale for the
application of those requirements would approval is set forth in the direct final
ENVIRONMENTAL PROTECTION
be inconsistent with the CAA; and rule. If no adverse comments are
AGENCY
• does not provide EPA with the received in response to this action, no
discretionary authority to address, as further activity is contemplated. If EPA 40 CFR Part 52
appropriate, disproportionate human receives adverse comments, the direct
health or environmental effects, using final rule will be withdrawn and all [EPA–R05–OAR–2015–0523; FRL–9950–83–
practicable and legally permissible public comments received will be Region 5]
methods, under Executive Order 12898 addressed in a subsequent final rule
Air Plan Approval; Indiana;
(59 FR 7629, February 16, 1994). based on this proposed rule. EPA will
Shipbuilding Antifoulant Coatings
The SIP is not approved to apply on not institute a second comment period.
any Indian reservation land as defined Any parties interested in commenting AGENCY: Environmental Protection
in 18 U.S.C. 1151 or in any other area on this action should do so at this time. Agency (EPA).
where EPA or an Indian tribe has DATES: Comments must be received in ACTION: Proposed rule.
demonstrated that a tribe has writing by September 22, 2016.
jurisdiction. In those areas of Indian SUMMARY: The Environmental Protection
ADDRESSES: Submit your comments, Agency (EPA) is proposing to approve,
country, the RACT rules for sources in
northern Virginia in this action do not identified by Docket ID No. EPA–R03– as a revision to the Indiana State
have tribal implications and will not OAR–2016–0418 at http:// Implementation Plan (SIP), a submittal
impose substantial direct costs on tribal www.regulations.gov, or via email to by the Indiana Department of
governments or preempt tribal law as campbell.dave@epa.com. For comments Environmental Management dated July
specified by Executive Order 13175 (65 submitted at Regulations.gov, follow the 17, 2015. The submittal contains a new
FR 67249, November 9, 2000). online instructions for submitting volatile organic compound limit for
comments. Once submitted, comments antifoulant coatings used in
List of Subjects in 40 CFR Part 52 cannot be edited or removed from shipbuilding and ship repair facilities
Environmental protection, Air Regulations.gov. For either manner of located in Clark, Floyd, Lake, and Porter
pollution control, Incorporation by submission, the EPA may publish any counties. The submittal also includes a
reference, Nitrogen dioxide, Ozone, comment received to its public docket. demonstration that this revision satisfies
Reporting and recordkeeping Do not submit electronically any the anti-backsliding provisions of the
requirements, Volatile organic information you consider to be Clean Air Act. The submittal
compounds. confidential business information (CBI) additionally removes obsolete dates and
or other information whose disclosure is clarifies a citation.
Authority: 42 U.S.C. 7401 et seq. restricted by statute. Multimedia DATES: Comments must be received on
Dated: August 10, 2016. submissions (audio, video, etc.) must be or before September 22, 2016.
Shawn M. Garvin, accompanied by a written comment.
ADDRESSES: Submit your comments,
Regional Administrator, Region III. The written comment is considered the
official comment and should include identified by Docket ID No. EPA–R05–
[FR Doc. 2016–20143 Filed 8–22–16; 8:45 am]
discussion of all points you wish to OAR–2015–0523 at http://
BILLING CODE 6560–50–P www.regulations.gov or via email to
make. The EPA will generally not
consider comments or comment aburano.douglas@epa.gov. For
contents located outside of the primary comments submitted at Regulations.gov,
ENVIRONMENTAL PROTECTION
submission (i.e. on the web, cloud, or follow the online instructions for
AGENCY
other file sharing system). For submitting comments. Once submitted,
40 CFR Part 52 additional submission methods, please comments cannot be edited or removed
contact the person identified in the FOR from Regulations.gov. For either manner
[EPA–R03–OAR–2016–0418; FRL–9950–93– of submission, EPA may publish any
Region 3] FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy, comment received to its public docket.
information about CBI or multimedia Do not submit electronically any
Approval and Promulgation of Air
submissions, and general guidance on information you consider to be
Quality Implementation Plans; Virginia;
making effective comments, please visit Confidential Business Information (CBI)
Minor New Source Review—Nonroad
http://www2.epa.gov/dockets/ or other information whose disclosure is
Engines
commenting-epa-dockets. restricted by statute. Multimedia
AGENCY: Environmental Protection submissions (audio, video, etc.) must be
srobinson on DSK5SPTVN1PROD with PROPOSALS
Agency (EPA). FOR FURTHER INFORMATION CONTACT: accompanied by a written comment.
David Talley, (215) 814–2117, or by The written comment is considered the
ACTION: Proposed rule.
email at talley.david@epa.gov. official comment and should include
SUMMARY: The Environmental Protection SUPPLEMENTARY INFORMATION: For discussion of all points you wish to
Agency (EPA) proposes to approve the further information, please see the make. EPA will generally not consider
state implementation plan (SIP) revision information provided in the direct final comments or comment contents located
submitted on June 17, 2014 pertaining action, with the same title, that is outside of the primary submission (i.e.
to preconstruction permitting located in the ‘‘Rules and Regulations’’ on the web, cloud, or other file sharing
VerDate Sep<11>2014 17:24 Aug 22, 2016 Jkt 238001 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\FR\FM\23AUP1.SGM 23AUP1](https://thefederalregister.org/doc/81_FR_57694/page/4.svg)
Document Created: 2018-02-09 11:40:18
Document Modified: 2018-02-09 11:40:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before September 22, 2016. | |
| Contact | Leslie Jones Doherty, (215) 814-3409, or by email at [email protected] | |
| FR Citation | 81 FR 57531 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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