[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \1\ ``VOC Emissions Control Area'' in Virginia is defined by 
9VAC5-20-206 as certain control areas by geographic location.
---------------------------------------------------------------------------

    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

[[Page 13512]]

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]
 BILLING CODE 6560-50-P