[Federal Register Volume 80, Number 149 (Tuesday, August 4, 2015)]
[Rules and Regulations]
[Pages 46201-46205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18609]



[[Page 46201]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0816; FRL-9931-29-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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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. EPA is approving these revisions to the Virginia SIP in 
accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on September 3, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0816. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., 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 either electronically through www.regulations.gov or in hard 
copy for public inspection 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 March 16, 2015 (80 FR 13510), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Virginia. In the NPR, EPA 
proposed approval of revisions to Virginia's consumer and commercial 
products and mobile equipment repair and refinishing operations 
regulations. The formal SIP revision was submitted by the Commonwealth 
of Virginia on April 10, 2014.

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 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. Other specific requirements and 
the rationale for EPA's proposed action are explained in the NPR and 
will not be restated here. No public comments were received on the NPR.

III. 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

[[Page 46202]]

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.

IV. Final Action

    EPA is approving the amendments to Virginia's regulations for 
consumer and commercial products and mobile equipment repair and 
refinishing operations as a revision to the Virginia SIP.

V. Incorporation by Reference

    In this rulemaking action, the EPA is finalizing regulatory text 
that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by 
reference of the Virginia Department of Environmental Quality (VADEQ) 
Regulations described in amendments to 40 CFR part 52 set forth below. 
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

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 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 rule 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.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 5, 2015. 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 pertaining to Virginia's control of VOC emissions 
from commercial and consumer products and mobile equipment repair and 
refinishing operations 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, Ozone, Volatile organic compounds.

    Dated: July 9, 2015.
William C. Early,
Acting, 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:
0
A. In the entries for Chapter 40, Part II, Article 48, revise Sections 
5-40-6970 and 5-40-7050 and add 5-40-6975 in numerical order.
0
B. In entries for Chapter 45, Part II, Article 1, revise Sections 5-45-
70 and 5-45-90; Article 2 Sections 5-45-160, 5-45-170 and 5-45-240; 
Article 3 Section 5-45-310; Article 4 Sections 5-45-400, 5-45-420, 5-
45-430 and 5-45-480; Article 5 Sections 5-45-520, 5-45-530 and 5-45-
580; and Article 6 Sections 5-45-620, 5-45-630, 5-45-650 and 5-45-700.
    The revisions and additions read as follows:


Sec.  52.2420  Identification of plan.

* * * * *
    (c) * * *

[[Page 46203]]



                                 EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                            State
          State citation               Title/subject      effective     EPA approval date   Explanation  [former
                                                             date                               SIP citation]
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                            9 VAC 5, Chapter 40 Existing Stationary Sources (Part IV)
----------------------------------------------------------------------------------------------------------------
 
                                  ------------------------------------------------------------------------------
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           Part II Emission Standards
              Article 48 Emission Standards for Mobile Equipment Repair and Refinishing (Rule 4-48)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
5-40-6970........................  Applicability and        10/01/13  08/04/15 [Insert      Revision extends the
                                    designation of                     Federal Register      applicability to
                                    affected facility.                 citation].            include the
                                                                                             Richmond VOC
                                                                                             Emissions Control
                                                                                             Area.
 
                                                  * * * * * * *
5-40-6975........................  Exemptions..........     10/01/13  08/04/15 [Insert      Added.
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
5-40-7050........................  Compliance schedules     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                              9 VAC 5, Chapter 45 Consumer and Commercial Products
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           Part II Emission Standards
     Article 1 Emission Standards For Portable Fuel Containers And Spouts Manufactured Before August 1, 2010
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
5-45-70..........................  Exemptions..........     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
5-45-90..........................  Standard for             10/01/13  08/04/15............  Amended.
                                    volatile organic
                                    compounds.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
  Article 2 Emission Standards For Portable Fuel Containers And Spouts Manufactured On Or After August 1, 2010
----------------------------------------------------------------------------------------------------------------
5-45-160.........................  Applicability.......     10/01/13  08/04/15 [Insert      Revision extends the
                                                                       Federal Register      applicability to
                                                                       citation].            include the
                                                                                             Richmond VOC
                                                                                             Emissions Control
                                                                                             Area.
5-45-170.........................  Exemptions..........     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
5-45-240.........................  Compliance schedules     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
              Article 3 Emission Standards For Consumer Products Manufactured Before August 1, 2010
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
5-45-310.........................  Standard for             10/01/13  08/04/15 [Insert      Amended.
(Except for subsection B)........   volatile organic                   Federal Register
                                    compounds.                         citation].
 

[[Page 46204]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
           Article 4 Emission Standards For Consumer Products Manufactured On or After August 1, 2010
----------------------------------------------------------------------------------------------------------------
5-45-400.........................  Applicability.......     10/01/13  08/04/15 [Insert      Revision extends the
                                                                       Federal Register      applicability to
                                                                       citation].            include the
                                                                                             Richmond VOC
                                                                                             Emissions Control
                                                                                             Area.
 
                                                  * * * * * * *
5-45-420.........................  Definitions.........     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].
5-45-430.........................  Standard for             10/01/13  08/04/15 [Insert      Amended.
(Except for subsection B)........   volatile organic                   Federal Register
                                    compounds.                         citation].
 
                                                  * * * * * * *
5-45-480.........................  Compliance schedules     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
               Article 5 Emission Standards For Architectural And Industrial Maintenance Coatings
----------------------------------------------------------------------------------------------------------------
5-45-520.........................  Applicability.......     10/01/13  08/04/15 [Insert      Revision extends the
                                                                       Federal Register      applicability to
                                                                       citation].            include the
                                                                                             Richmond VOC
                                                                                             Emissions Control
                                                                                             Area.
5-45-530.........................  Exemptions..........     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
5-45-580.........................  Compliance schedules     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Article 6 Emission Standards For Adhesives And Sealants
----------------------------------------------------------------------------------------------------------------
5-45-620.........................  Applicability.......     10/01/13  08/04/15 [Insert      Revision extends the
                                                                       Federal Register      applicability to
                                                                       citation].            include the
                                                                                             Richmond VOC
                                                                                             Emissions Control
                                                                                             Area.
5-45-630.........................  Exemptions..........     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
5-45-650.........................  Standard for             10/01/13  08/04/15 [Insert      Amended.
                                    volatile organic                   Federal Register
                                    compounds.                         citation].
 
                                                  * * * * * * *
5-45-700.........................  Compliance schedules     10/01/13  08/04/15 [Insert      Amended.
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


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[FR Doc. 2015-18609 Filed 8-3-15; 8:45 am]
 BILLING CODE 6560-50-P