83 FR 10788 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revisions to the Regulatory Definition of Volatile Organic Compound
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 49 (March 13, 2018)
Federal Register Volume 83, Issue 49 (March 13, 2018)
| Page Range | 10788-10791 | |
| FR Document | 2018-04937 |
[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)] [Rules and Regulations] [Pages 10788-10791] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04937] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2017-0544; FRL-9975-37-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revisions to the Regulatory Definition of Volatile Organic Compound AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving two state implementation plan (SIP) revisions (Revision C16 and Revision I16) formally submitted by the Commonwealth of Virginia (Virginia). The revisions pertain to amendments made to the definition of ``volatile organic compound'' (VOC) in the Virginia Administrative Code to conform with EPA's regulatory definition of VOC. Specifically, these amendments remove the record keeping and reporting requirements for t-butyl acetate (also known as tertiary butyl acetate or TBAC); Chemical Abstracts Service [CAS] number: 540-88-5) and add 1,1,2,2,-Tetrafluoro- 1-(2,2,2-trifluoroethoxy) ethane (also known as HFE-347pcf2; CAS number: 406-78-0) as a compound excluded from the regulatory definition of VOC, which match actions EPA has taken. EPA is approving these revisions to update the definition of VOC in the Virginia SIP in accordance with the requirements of the Clean Air Act (CAA). DATES: This final rule is effective on April 12, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2017-0544. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the For Further Information Contact section for additional availability information. FOR FURTHER INFORMATION CONTACT: Sara Calcinore, (215) 814-2043, or by email at calcinore.sara@epa.gov. SUPPLEMENTARY INFORMATION: I. Background VOCs are organic compounds of carbon that, in the presence of sunlight, react with sources of oxygen molecules, such as nitrogen oxides (NOX ) and carbon monoxide (CO), in the atmosphere to produce tropospheric ozone, commonly known as smog. Common sources that may emit VOCs include paints, coatings, housekeeping and maintenance products, and building and furnishing materials. Outdoor emissions of VOCs are regulated by EPA primarily to prevent the formation of ozone. VOCs have different levels of volatility, depending on the compound, and react at different rates to produce varying amounts of ozone. VOCs that are non-reactive or of negligible reactivity to form ozone react slowly and/or form less ozone; therefore, reducing their emissions has limited effects on local or regional ozone pollution. Section 302(s) of the CAA specifies that EPA has the authority to define the meaning of VOC and what compounds shall be treated as VOCs for regulatory purposes. It is EPA's policy that organic compounds with a negligible level of reactivity should be excluded from the regulatory definition of VOC in order to focus control efforts on compounds that significantly affect ozone concentrations. EPA uses the reactivity of ethane as the threshold for determining whether a compound is of negligible reactivity. Compounds that are less or equally reactive as ethane under certain assumed conditions may be deemed negligibly reactive and, therefore, suitable for exemption by EPA from the regulatory definition of VOC. The policy of excluding negligibly reactive compounds from the regulatory definition of VOC was first laid out in ``Recommended Policy on Control of Volatile Organic Compounds'' (42 FR 35314, July 8, 1977) and was supplemented subsequently with the ``Interim Guidance on Control of Volatile Organic Compounds in Ozone State Implementation Plans'' (70 FR 54046, September 13, 2005). The regulatory definition of VOC as well as a list of compounds that are designated by EPA as negligibly reactive can be found at 40 CFR 51.100(s). [[Page 10789]] On September 30, 1999, EPA proposed to revise the regulatory definition of VOC in 40 CFR 51.100(s) to exclude TBAC as a VOC (64 FR 52731). In most cases, when a negligibly reactive VOC is exempted from the definition of VOC, emissions of that compound are no longer recorded, collected, or reported to states or the EPA as part of VOC emissions. However, EPA's final rule excluded TBAC from the definition of VOC for purposes of VOC emissions limitations or VOC content requirements, but continued to define TBAC as a VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements that apply to VOC (69 FR 69298, November 29, 2004) (2004 Final Rule). This was primarily due to EPA's conclusion in the 2004 Final Rule that ``negligibly reactive'' compounds may contribute significantly to ozone formation if present in sufficient quantities and that emissions of these compounds need to be represented accurately in photochemical modeling analyses. Per EPA's 2004 Final Rule, Virginia partially excluded TBAC from the regulatory definition of VOC, which was approved into Virginia's SIP on August 18, 2006 (71 FR 47742). When EPA exempted TBAC from the VOC definition for purposes of control requirements in the 2004 Final Rule, EPA created a new category of compounds and a new reporting requirement that required that emissions of TBAC be reported separately by states and, in turn, by industry. However, EPA did not issue any guidance on how TBAC emissions should be tracked and reported. Therefore, the data that was reported as result of these requirements was incomplete and inconsistent. Also, in the 2004 Final Rule, EPA stated that the primary objective of the recordkeeping and reporting requirements for TBAC was to address the cumulative impacts of ``negligibly reactive'' compounds and suggested that future exempt compounds may also be subject to such requirements. However, such requirements were not included in any other proposed or final VOC exemptions. Because having high quality data on TBAC emissions alone was unlikely to be useful in assessing the cumulative impacts of ``negligibly reactive'' compounds on ozone formation, EPA subsequently concluded that the recordkeeping and reporting requirements for TBAC were not achieving their primary objective of informing more accurate photochemical modeling in support of SIP submissions. Also, there was no evidence that TBAC was being used at levels that would cause concern for ozone formation and that the requirements were providing sufficient information to evaluate the cumulative impacts of exempted compounds. Therefore, because the requirements were not addressing EPA's concerns as they were intended, EPA revised the regulatory definition of VOC under 40 CFR 51.100(s) to remove the recordkeeping and reporting requirements for TBAC (February 25, 2016, 81 FR 9339). On August 1, 2016, EPA promulgated a final rule revising the regulatory definition of VOC in 40 CFR 51.100(s) to add HFE-347pcf2 to the list of compounds excluded from the regulatory definition of VOC (81 FR 50330). This action was based on EPA's consideration of the compound's negligible reactivity and low contribution to ozone as well as the low likelihood of risk to human health or the environment. EPA's rationale for this action is explained in more detail in the final rule for this action. See 81 FR 50330 (August 1, 2016). II. Summary of SIP Revision and EPA Analysis In order to conform with EPA's current regulatory definition of VOC in 40 CFR 51.100(s), the Virginia State Air Pollution Control Board amended the definition of VOC in 9VAC5-10-20 to remove the recordkeeping and reporting requirements for TBAC and add HFE-347pcf2 to the list of compounds excluded from the regulatory definition of VOC. On July 31, 2017, the Commonwealth of Virginia, through the Virginia Department of Environmental Quality (VADEQ), formally submitted these amendments as two requested revisions (Revision C16 and Revision I16) to the Virginia SIP. Revision C16 requested that the definition of VOC be updated in the Virginia SIP to conform with EPA's February 25, 2016 (81 FR 9339) final rulemaking updating EPA's regulatory definition of VOC in 40 CFR 51.100(s) to remove the recordkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements related to the use of TBAC as a VOC. Revision I16 requested that the definition of VOC be updated in the Virginia SIP to conform with EPA's August 1, 2016 (81 FR 50330) final rulemaking updating EPA's regulatory definition of VOC in 40 CFR 51.100(s) to add HFE-347pcf2 to the list of compounds excluded from EPA's regulatory definition of VOC. Virginia's amendments to the definition of VOC in 9VAC5-10-20 are in accordance with EPA's regulatory changes to the definition of VOC in 40 CFR 51.100(s) and are therefore approvable for inclusion in the Virginia SIP in accordance with CAA section 110. Also, because EPA has made the determination that TBAC and HFE-347pcf2 are of negligible reactivity and therefore have low contributions to ozone as well as low likelihood of risk to human health or the environment, removing these chemicals from the definition of VOC in the Virginia SIP as well as the recordkeeping and reporting requirements for these chemicals will not interfere with attainment of any NAAQS, reasonable further progress, or any other requirement of the CAA. Thus, the removal of the recordkeeping and reporting requirements for TBAC and the addition of HFR-347pcf2 to the list of compounds excluded from the regulatory definition of VOC is in accordance with CAA section 110(l). On December 27, 2017 (82 FR 61200), EPA published a notice of proposed rulemaking (NPR) for the Commonwealth of Virginia. In the NPR, EPA proposed approval of Revision C16, which updated the definition of VOC in the Virginia SIP to remove the recordkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements related to the use of TBAC as a VOC, and Revision I16, which updated the definition of VOC in the Virginia SIP by adding HFE- 347pcf2 to the list of compounds excluded from EPA's regulatory definition of VOC. No public comments were received on the NPR. III. Final Action EPA is approving both Revision C16 and Revision I16, submitted on July 31, 2017 by VADEQ, as revisions to the Virginia SIP, as the submissions meet the requirements of CAA section 110. Revision C16 updates the regulatory definition of VOC in the Virginia SIP by removing the recordkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements related to the use of TBAC as a VOC. Revision I16 updates the regulatory definition of VOC in the Virginia SIP to add HFE-347pcf2 to the list of compounds excluded from the regulatory definition of VOC. 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 [[Page 10790]] 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 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 revisions to the definition of VOC in 9VAC5-10-20 of the Virginia Administrative Code discussed in Section II of this preamble. EPA has made, and will continue to make, these materials generally available through http://www.regulations.gov and at the EPA Region III Office (please contact the person identified in the For Further Information Contact section of this preamble for more information). 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 to the SIP compilation.\1\ --------------------------------------------------------------------------- \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); is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866. 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). [[Page 10791]] 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 May 14, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action updating the definition of VOC in the Virginia SIP by removing the recordkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements related to the use of TBAC as a VOC and adding HFE-347pcf2 to the list of compounds excluded from the regulatory 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, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: February 26, 2018. Cosmo Servidio, 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 two entries for ``Section 5-10-20'' after the entry for ``Section 5-10- 20'' (with the State effective date of 7/30/15) to read as follows: Sec. 52.2420 Identification of plan. * * * * * (c) * * * EPA-Approved Virginia Regulations and Statutes ---------------------------------------------------------------------------------------------------------------- State Explanation [former SIP State citation Title/subject effective date EPA approval date citation] ---------------------------------------------------------------------------------------------------------------- 9 VAC 5, Chapter 10 General Definitions [Part I] ---------------------------------------------------------------------------------------------------------------- * * * * * * * 5-10-20.................... Terms Defined....... 12/15/16 3/13/18, [Insert Definition of ``volatile Federal Register organic compound'' is citation]. revised by removing the recordkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements related to the use of t-butyl acetate (also known as tertiary butyl acetate or TBAC) as a VOC. 5-10-20.................... Terms Defined....... 5/19/17 3/13/18, [Insert Definition of ``volatile Federal Register organic compound'' is citation]. revised by adding 1,1,2,2,-Tetrafluoro-1- (2,2,2-trifluoroethoxy) ethane (also known as HFE-347pcf2) to the list of compounds excluded from the regulatory definition of VOC. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-04937 Filed 3-12-18; 8:45 am] BILLING CODE 6560-50-P
![10788 Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Rules and Regulations
For the reasons discussed in the Dated: March 5, 2018. available through http://
preamble, the Coast Guard amends 33 M.B. Zamperini, www.regulations.gov, or please contact
CFR part 165 as follows: Captain, U.S. Coast Guard, Captain of the the person identified in the FOR FURTHER
Port Sector Ohio Valley. INFORMATION CONTACT section for
PART 165—REGULATED NAVIGATION [FR Doc. 2018–04968 Filed 3–12–18; 8:45 am] additional availability information.
AREAS AND LIMITED ACCESS AREAS BILLING CODE 9110–04–P FOR FURTHER INFORMATION CONTACT: Sara
Calcinore, (215) 814–2043, or by email
■ 1. The authority citation for part 165 at calcinore.sara@epa.gov.
continues to read as follows: ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; AGENCY
I. Background
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation 40 CFR Part 52 VOCs are organic compounds of
No. 0170.1 [EPA–R03–OAR–2017–0544; FRL–9975–37– carbon that, in the presence of sunlight,
Region 3] react with sources of oxygen molecules,
■ 2. Add § 165.T08–0006 to read as such as nitrogen oxides (NOX) and
follows: Approval and Promulgation of Air carbon monoxide (CO), in the
Quality Implementation Plans; Virginia; atmosphere to produce tropospheric
§ 165.T08–0006 Safety zone; Tennessee Revisions to the Regulatory Definition ozone, commonly known as smog.
River, Huntsville, AL. Common sources that may emit VOCs
of Volatile Organic Compound
(a) Location. The following area is a include paints, coatings, housekeeping
AGENCY: Environmental Protection and maintenance products, and building
temporary safety zone area: all navigable
Agency (EPA). and furnishing materials. Outdoor
waters of the Tennessee River between
ACTION: Final rule. emissions of VOCs are regulated by EPA
Mile Marker (MM) 322.0 and MM 325.0,
Huntsville, AL. primarily to prevent the formation of
SUMMARY: The Environmental Protection
ozone.
(b) Effective date. This section is Agency (EPA) is approving two state VOCs have different levels of
effective from March 5, 2018 through implementation plan (SIP) revisions volatility, depending on the compound,
March 16, 2018 or until the cargo (Revision C16 and Revision I16) and react at different rates to produce
operation is completed, whichever formally submitted by the varying amounts of ozone. VOCs that
comes first. Commonwealth of Virginia (Virginia). are non-reactive or of negligible
The revisions pertain to amendments reactivity to form ozone react slowly
(c) Periods of enforcement. This
made to the definition of ‘‘volatile and/or form less ozone; therefore,
section will be enforced prior to and 30
organic compound’’ (VOC) in the reducing their emissions has limited
minutes after all vessel movement and
Virginia Administrative Code to effects on local or regional ozone
cargo transfer operations taking place at conform with EPA’s regulatory
Redstone Arsenal. The Captain of the pollution. Section 302(s) of the CAA
definition of VOC. Specifically, these specifies that EPA has the authority to
Port Sector Ohio Valley (COTP) or a amendments remove the record keeping define the meaning of VOC and what
designated representative will inform and reporting requirements for t-butyl
the public through Broadcast Notice to compounds shall be treated as VOCs for
acetate (also known as tertiary butyl regulatory purposes. It is EPA’s policy
Mariners (BNM), Local Notices to acetate or TBAC); Chemical Abstracts
Mariners (LNM), or through other means that organic compounds with a
Service [CAS] number: 540–88–5) and negligible level of reactivity should be
of public notice at least 1 hour in add 1,1,2,2,-Tetrafluoro-1-(2,2,2-
advance of each enforcement period. excluded from the regulatory definition
trifluoroethoxy) ethane (also known as of VOC in order to focus control efforts
(d) Regulations. (1) In accordance HFE-347pcf2; CAS number: 406–78–0) on compounds that significantly affect
with the general regulations in § 165.23 as a compound excluded from the ozone concentrations. EPA uses the
of this part, entry into this zone is regulatory definition of VOC, which reactivity of ethane as the threshold for
prohibited unless specifically match actions EPA has taken. EPA is determining whether a compound is of
authorized by the COTP or a designated approving these revisions to update the negligible reactivity. Compounds that
representative. Persons or vessels definition of VOC in the Virginia SIP in are less or equally reactive as ethane
desiring to enter into or pass through accordance with the requirements of the under certain assumed conditions may
the zone must request permission from Clean Air Act (CAA). be deemed negligibly reactive and,
the COTP or a designated DATES: This final rule is effective on therefore, suitable for exemption by EPA
representative. They may be contacted April 12, 2018. from the regulatory definition of VOC.
by telephone at 1–800–253–7465 or on ADDRESSES: EPA has established a The policy of excluding negligibly
VHF–FM radio channel 16. docket for this action under Docket ID reactive compounds from the regulatory
(2) Persons and vessels permitted to Number EPA–R03–OAR–2017–0544. All definition of VOC was first laid out in
enter this safety zone must transit at the documents in the docket are listed on ‘‘Recommended Policy on Control of
slowest safe speed and comply with all the http://www.regulations.gov website. Volatile Organic Compounds’’ (42 FR
Although listed in the index, some 35314, July 8, 1977) and was
lawful directions issued by the COTP or
information is not publicly available, supplemented subsequently with the
a designated representative.
e.g., confidential business information ‘‘Interim Guidance on Control of
(d) Informational broadcasts. The (CBI) or other information whose Volatile Organic Compounds in Ozone
amozie on DSK30RV082PROD with RULES
COTP or a designated representative disclosure is restricted by statute. State Implementation Plans’’ (70 FR
will inform the public through Certain other material, such as 54046, September 13, 2005). The
broadcast notices to mariners of the copyrighted material, is not placed on regulatory definition of VOC as well as
enforcement period for the temporary the internet and will be publicly a list of compounds that are designated
safety zone as well as any changes in the available only in hard copy form. by EPA as negligibly reactive can be
planned schedule. Publicly available docket materials are found at 40 CFR 51.100(s).
VerDate Sep<11>2014 16:26 Mar 12, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\13MRR1.SGM 13MRR1](https://thefederalregister.org/doc/83_FR_10837/page/1.svg)
![10790 Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Rules and Regulations
burden of proof for parties either programs, since ‘‘no immunity could be EPA’s role is to approve state choices,
asserting the privilege or seeking afforded from administrative, civil, or provided that they meet the criteria of
disclosure of documents for which the criminal penalties because granting the CAA. Accordingly, this action
privilege is claimed. Virginia’s such immunity would not be consistent merely approves state law as meeting
legislation also provides, subject to with federal law, which is one of the federal requirements and does not
certain conditions, for a penalty waiver criteria for immunity.’’ impose additional requirements beyond
for violations of environmental laws Therefore, EPA has determined that those imposed by state law. For that
when a regulated entity discovers such Virginia’s Privilege and Immunity reason, this action:
violations pursuant to a voluntary statutes will not preclude the • Is not a ‘‘significant regulatory
compliance evaluation and voluntarily Commonwealth from enforcing its action’’ subject to review by the Office
discloses such violations to the program consistent with the federal of Management and Budget under
Commonwealth and takes prompt and requirements. In any event, because Executive Orders 12866 (58 FR 51735,
appropriate measures to remedy the EPA has also determined that a state October 4, 1993) and 13563 (76 FR 3821,
violations. Virginia’s Voluntary audit privilege and immunity law can January 21, 2011);
Environmental Assessment Privilege affect only state enforcement and cannot • is not an Executive Order 13771 (82
Law, Va. Code Sec. 10.1–1198, provides have any impact on federal enforcement FR 9339, February 2, 2017) regulatory
a privilege that protects from disclosure authorities, EPA may at any time invoke action because SIP approvals are
documents and information about the its authority under the CAA, including, exempted under Executive Order 12866.
content of those documents that are the for example, sections 113, 167, 205, 211 • does not impose an information
product of a voluntary environmental or 213, to enforce the requirements or collection burden under the provisions
assessment. The Privilege Law does not prohibitions of the state plan, of the Paperwork Reduction Act (44
extend to documents or information independently of any state enforcement U.S.C. 3501 et seq.);
that: (1) Are generated or developed effort. In addition, citizen enforcement • is certified as not having a
before the commencement of a under section 304 of the CAA is significant economic impact on a
voluntary environmental assessment; (2) likewise unaffected by this, or any, state substantial number of small entities
are prepared independently of the audit privilege or immunity law. under the Regulatory Flexibility Act (5
assessment process; (3) demonstrate a U.S.C. 601 et seq.);
clear, imminent and substantial danger V. Incorporation by Reference
• does not contain any unfunded
to the public health or environment; or In this rule, EPA is finalizing mandate or significantly or uniquely
(4) are required by law. regulatory text that includes affect small governments, as described
On January 12, 1998, the incorporation by reference. In in the Unfunded Mandates Reform Act
Commonwealth of Virginia Office of the accordance with requirements of 1 CFR of 1995 (Pub. L. 104–4);
Attorney General provided a legal 51.5, EPA is finalizing the incorporation • does not have federalism
opinion that states that the Privilege by reference of the revisions to the implications as specified in Executive
law, Va. Code Sec. 10.1–1198, precludes definition of VOC in 9VAC5–10–20 of Order 13132 (64 FR 43255, August 10,
granting a privilege to documents and the Virginia Administrative Code 1999);
information ‘‘required by law,’’ discussed in Section II of this preamble.
including documents and information • is not an economically significant
EPA has made, and will continue to regulatory action based on health or
‘‘required by federal law to maintain make, these materials generally
program delegation, authorization or safety risks subject to Executive Order
available through http:// 13045 (62 FR 19885, April 23, 1997);
approval,’’ since Virginia must ‘‘enforce www.regulations.gov and at the EPA
federally authorized environmental • is not a significant regulatory action
Region III Office (please contact the subject to Executive Order 13211 (66 FR
programs in a manner that is no less person identified in the FOR FURTHER
stringent than their federal 28355, May 22, 2001);
INFORMATION CONTACT section of this • is not subject to requirements of
counterparts. . . . ’’ The opinion preamble for more information).
concludes that ‘‘[r]egarding § 10.1–1198, Section 12(d) of the National
Therefore, these materials have been Technology Transfer and Advancement
therefore, documents or other approved by EPA for inclusion in the
information needed for civil or criminal Act of 1995 (15 U.S.C. 272 note) because
SIP, have been incorporated by application of those requirements would
enforcement under one of these reference by EPA into that plan, are
programs could not be privileged be inconsistent with the CAA; and
fully federally enforceable under • does not provide EPA with the
because such documents and
sections 110 and 113 of the CAA as of discretionary authority to address, as
information are essential to pursuing
the effective date of the final rulemaking appropriate, disproportionate human
enforcement in a manner required by
of EPA’s approval, and will be health or environmental effects, using
federal law to maintain program
incorporated by reference by the practicable and legally permissible
delegation, authorization or approval.’’
Virginia’s Immunity law, Va. Code Director of the Federal Register in the methods, under Executive Order 12898
Sec. 10.1–1199, provides that ‘‘[t]o the next update to the SIP compilation.1 (59 FR 7629, February 16, 1994).
extent consistent with requirements VI. Statutory and Executive Order The SIP is not approved to apply on
imposed by federal law,’’ any person Reviews any Indian reservation land as defined
making a voluntary disclosure of in 18 U.S.C. 1151 or in any other area
information to a state agency regarding A. General Requirements where EPA or an Indian tribe has
a violation of an environmental statute, Under the CAA, the Administrator is demonstrated that a tribe has
regulation, permit, or administrative required to approve a SIP submission jurisdiction. In those areas of Indian
amozie on DSK30RV082PROD with RULES
order is granted immunity from that complies with the provisions of the country, the rule does not have tribal
administrative or civil penalty. The CAA and applicable federal regulations. implications and will not impose
Attorney General’s January 12, 1998 42 U.S.C. 7410(k); 40 CFR 52.02(a). substantial direct costs on tribal
opinion states that the quoted language Thus, in reviewing SIP submissions, governments or preempt tribal law as
renders this statute inapplicable to specified by Executive Order 13175 (65
enforcement of any federally authorized 1 62 FR 27968 (May 22, 1997). FR 67249, November 9, 2000).
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![Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Rules and Regulations 10791
B. Submission to Congress and the Court of Appeals for the appropriate requirements, Volatile organic
Comptroller General circuit by May 14, 2018. Filing a compounds.
The Congressional Review Act, 5 petition for reconsideration by the Dated: February 26, 2018.
U.S.C. 801 et seq., as added by the Small Administrator of this final rule does not Cosmo Servidio,
Business Regulatory Enforcement affect the finality of this action for the
Regional Administrator, Region III.
Fairness Act of 1996, generally provides purposes of judicial review nor does it
extend the time within which a petition 40 CFR part 52 is amended as follows:
that before a rule may take effect, the
agency promulgating the rule must for judicial review may be filed, and PART 52—APPROVAL AND
submit a rule report, which includes a shall not postpone the effectiveness of PROMULGATION OF
copy of the rule, to each House of the such rule or action. This action IMPLEMENTATION PLANS
Congress and to the Comptroller General updating the definition of VOC in the
of the United States. EPA will submit a Virginia SIP by removing the ■ 1. The authority citation for part 52
report containing this action and other recordkeeping, emissions reporting, continues to read as follows:
required information to the U.S. Senate, photochemical dispersion modeling,
Authority: 42 U.S.C. 7401 et seq.
the U.S. House of Representatives, and and inventory requirements related to
the Comptroller General of the United the use of TBAC as a VOC and adding Subpart VV—Virginia
States prior to publication of the rule in HFE-347pcf2 to the list of compounds
the Federal Register. A major rule excluded from the regulatory definition ■ 2. In § 52.2420, the table in paragraph
cannot take effect until 60 days after it of VOC may not be challenged later in (c) is amended by adding two entries for
is published in the Federal Register. proceedings to enforce its requirements. ‘‘Section 5–10–20’’ after the entry for
This action is not a ‘‘major rule’’ as (See section 307(b)(2).) ‘‘Section 5–10–20’’ (with the State
defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 52 effective date of 7/30/15) to read as
follows:
C. Petitions for Judicial Review Environmental protection, Air
Under section 307(b)(1) of the CAA, pollution control, Incorporation by § 52.2420 Identification of plan.
petitions for judicial review of this reference, Intergovernmental relations, * * * * *
action must be filed in the United States Ozone, Reporting and recordkeeping (c) * * *
EPA–APPROVED VIRGINIA REGULATIONS AND STATUTES
State effective Explanation
State citation Title/subject EPA approval date
date [former SIP citation]
9 VAC 5, Chapter 10 General Definitions [Part I]
* * * * * * *
5–10–20 .............. Terms Defined ................ 12/15/16 3/13/18, [Insert Federal Definition of ‘‘volatile organic compound’’ is revised
Register citation]. by removing the recordkeeping, emissions re-
porting, photochemical dispersion modeling, and
inventory requirements related to the use of t-
butyl acetate (also known as tertiary butyl ace-
tate or TBAC) as a VOC.
5–10–20 .............. Terms Defined ................ 5/19/17 3/13/18, [Insert Federal Definition of ‘‘volatile organic compound’’ is revised
Register citation]. by adding 1,1,2,2,-Tetrafluoro-1-(2,2,2-
trifluoroethoxy) ethane (also known as HFE-
347pcf2) to the list of compounds excluded from
the regulatory definition of VOC.
* * * * * * *
* * * * * ACTION: Final rule. established federal trading programs for
[FR Doc. 2018–04937 Filed 3–12–18; 8:45 am] sources in multiple states, including
BILLING CODE 6560–50–P SUMMARY: The Environmental Protection Virginia, that replace the CAIR state and
Agency (EPA) is approving a state federal trading programs. The submitted
implementation plan (SIP) revision SIP revision requests removal of state
ENVIRONMENTAL PROTECTION submitted by the Commonwealth of regulations that implemented the CAIR
AGENCY Virginia (Virginia). The revision annual nitrogen oxides (NOX), ozone
requests EPA remove from the Virginia season NOX, and annual sulfur dioxide
40 CFR Part 52 (SO2) trading programs from the
SIP regulations from the Virginia
[EPA–R03–OAR–2017–0215; FRL–9975–32– Administrative Code that established Virginia SIP (as CSAPR has replaced
Region 3] trading programs under the Clean Air CAIR). EPA is approving the SIP
Interstate Rule (CAIR). The EPA- revision in accordance with the
amozie on DSK30RV082PROD with RULES
Approval and Promulgation of Air requirements of the Clean Air Act
administered trading programs under
Quality Implementation Plans; Virginia; (CAA).
Removal of Clean Air Interstate Rule CAIR were discontinued on December
31, 2014, upon the implementation of DATES: This final rule is effective on
(CAIR) Trading Programs
the Cross-State Air Pollution Rule April 12, 2018.
AGENCY: Environmental Protection (CSAPR), which was promulgated by ADDRESSES: EPA has established a
Agency (EPA). EPA to replace CAIR. CSAPR docket for this action under Docket ID
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Document Created: 2018-03-13 01:57:13
Document Modified: 2018-03-13 01:57:13
| 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 | Final rule. | |
| Dates | This final rule is effective on April 12, 2018. | |
| Contact | Sara Calcinore, (215) 814-2043, or by email at [email protected] | |
| FR Citation | 83 FR 10788 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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