[Federal Register Volume 80, Number 50 (Monday, March 16, 2015)]
[Proposed Rules]
[Pages 13510-13512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05836]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2014-0816; FRL-9924-37-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Consumer and Commercial Products, and Mobile Equipment Repair
and Refinishing Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
Commonwealth of Virginia. This revision consists of amendments to
Virginia's regulation for consumer and commercial products in order to
apply provisions pertaining to portable fuel containers, consumer and
commercial products, architectural and industrial maintenance coatings,
adhesives, adhesive primers, sealants, and sealant primers to the
Richmond volatile organic compound (VOC) Emissions Control Area. The
revision also consists of amendments to Virginia's regulation for
existing stationary sources to apply provisions pertaining to mobile
equipment repair and refinishing operations in the Richmond VOC
Emissions Control Area. This action is being taken under the Clean Air
Act (CAA).
DATES: Written comments must be received on or before April 15, 2015.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0816 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: [email protected]
C. Mail: EPA-R03-OAR-2014-0816, Marilyn Powers, Acting Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0816. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Virginia Department of Environmental Quality, 629
East Main Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT: Leslie Jones Doherty, (215) 814-3409
or by email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On January 26, 2012 (77 FR 3928), EPA issued a final rulemaking
notice (FRN) approving a new chapter, 9VAC5 Chapter 45--Consumer and
Commercial Products, for inclusion in the Virginia SIP in order to
control VOC emissions from various consumer and commercial products
within the Northern Virginia and Fredericksburg VOC Emissions Control
Areas.\1\ On April 10, 2014, the Virginia Department of Environmental
Quality (VADEQ) submitted a revision to the Virginia SIP. The SIP
revision consists of amendments to 9VAC5 Chapter 45 in order to apply
provisions pertaining to certain types of consumer and commercial
products to the Richmond VOC Emissions Control Area.
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\1\ ``VOC Emissions Control Area'' in Virginia is defined by
9VAC5-20-206 as certain control areas by geographic location.
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On June 22, 2004 (69 FR 35253), EPA issued a direct final
rulemaking approving a new article, Article 48 of 9VAC5 Chapter 40--
Existing Stationary Sources, for inclusion in the Virginia SIP which
established emissions standards for mobile equipment repair and
refinishing operations in the Northern Virginia VOC Emissions Control
Area. This SIP revision consists of amendments to Article 48 of 9VAC5
Chapter 40--Existing Stationary Sources to apply provisions pertaining
to mobile equipment repair and refinishing operations in the Richmond
VOC Emissions Control Area.
II. Summary of SIP Revision
The SIP revision consists of amendments to 9VAC5 Chapter 45--
Consumer and Commercial Products in order to apply provisions
pertaining to portable fuel containers, consumer and commercial
products, architectural and
[[Page 13511]]
industrial maintenance coatings, adhesives, adhesive primers, sealants,
and sealant primers to the Richmond VOC Emissions Control Area. This
revision also amends Article 48 of 9VAC5 Chapter 40--Existing
Stationary Sources to apply provisions pertaining to mobile equipment
repair and refinishing operations in the Richmond VOC Emissions Control
Area. Also, the SIP revision includes revised compliance dates for
Chapters 40 and 45 and retains in Chapter 45 a temporary exemption for
the manufacture and distribution of single-ply roof membrane adhesives
and sealants.
9VAC5 Chapter 40, Article 48 extends the emissions standards for
mobile equipment repair and refinishing operations to include the
Richmond VOC Emissions Control Area. A compliance date of March 1, 2014
was established for the Richmond VOC Emissions Control Area under
section 9VAC5-40-7050--Compliance schedules. In addition, Subsection C
of 9VAC5-40-6970--Applicability and designation of affected facility
has moved to a new section 9VAC5-40-6975--Exemptions which lists
exemptions to Article 48.
9VAC5 Chapter 45, Article 1--Emissions Standards for Portable Fuel
Containers and Spouts Manufactured before August 1, 2010 and Article
2--Emissions Standards for Portable Fuel Containers and Spouts
Manufactured on or after August 1, 2010 were amended in order to make
administrative changes for clarity, style and format. Article 2 was
also amended to change the applicability and compliance schedules to
include the Richmond VOC Emissions Control Area. August 1, 2010 was
retained as a compliance date for the Northern Virginia and
Fredericksburg VOC Emissions Control Areas and a compliance date of
March 1, 2014 was added for the Richmond VOC Emissions Control Area.
9VAC5 Chapter 45, Article 3--Emission Standards for Consumer
Products Manufactured before August 1, 2010 and Article 4--Emission
Standards for Consumer Products Manufactured on or after August 1,
2010, were amended in order to make administrative changes for clarity,
style and format. Article 4 was amended to apply provisions to the
Richmond VOC Emissions Control Area. The compliance date of August 1,
2010 was retained for the Northern Virginia and Fredericksburg VOC
Emissions Control Areas and a compliance date of March 1, 2014 was
added for the Richmond VOC Emissions Control Area.
9VAC5 Chapter 45, Article 5--Emission Standards for Architectural
and Industrial Maintenance Coatings and Article 6--Emission Standards
for Adhesives and Sealants were both amended to apply provisions to the
Richmond VOC Emissions Control Area. In Article 5, the compliance date
of March 1, 2014 was added for the Richmond VOC Emission Control Area.
In Article 6, the compliance date of August 1, 2010 was retained for
the Northern Virginia and Fredericksburg VOC Emission Control Areas and
the compliance date of March 1, 2014 was added for the Richmond VOC
Emissions Control Area. In Article 6, a temporary exemption for single-
ply roof membrane adhesive, sealant and primer was amended for the
Northern Virginia and Fredericksburg VOC Emissions Control Areas to
apply the standard during the ozone seasons between August 1, 2010 and
September 30, 2011 and on and after January 1, 2012. The temporary
exemption was extended to the Richmond VOC Emission Control Area where
the standard applies during the ozone season between March 1, 2014 and
September 30, 2014 and after January 1, 2015. Administrative changes
were also made in Article 6 for clarity.
III. Proposed Action
EPA is proposing to approve the April 10, 2014 Virginia SIP
revision which extends provisions for the control of VOC emissions from
certain types of consumer and commercial products and existing mobile
equipment repair and refinishing operations to the Richmond VOC
Emissions Control Area. 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
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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 action, the 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, the EPA is proposing to
incorporate by reference the VADEQ Regulations described in the
proposed amendments to 40 CFR part 52. The EPA has made, and will
continue to make, these documents generally available electronically
through www.regulations.gov and/or in hard copy at the appropriate EPA
office (see the ADDRESSES section of this preamble for more
information).
VI. Statutory and Executive Order Reviews
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 Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule, pertaining to Virginia's control
of VOC emissions from commercial and consumer products and existing
stationary sources, does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
is not approved to apply in Indian country located in the state, and
EPA notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 20, 2015.
William C. Early,
Acting, Regional Administrator, Region III.
[FR Doc. 2015-05836 Filed 3-13-15; 8:45 am]
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