[Federal Register Volume 81, Number 163 (Tuesday, August 23, 2016)]
[Proposed Rules]
[Pages 57531-57534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20143]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0335; FRL-9951-13-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Adoption of Control Techniques Guidelines for Control of 
Volatile Organic Compound Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve state implementation plan (SIP) revisions submitted by the 
Commonwealth of Virginia (Virginia). These revisions include amendments 
to the Virginia Department of Environmental Quality's (VADEQ) 
regulations and address the requirement to adopt Reasonably Available 
Control Technology (RACT) for sources covered by EPA's Control 
Techniques Guidelines (CTG) standards for the following categories: 
Offset lithographic printing and letterpress printing, industrial 
solvent cleaning operations, miscellaneous industrial adhesives, and 
miscellaneous metal and plastic parts coatings. This action is being 
taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before September 22, 
2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0335 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Leslie Jones Doherty, (215) 814-3409, 
or by email at [email protected].

SUPPLEMENTARY INFORMATION: On February 1, 2016, Virginia, through the 
VADEQ, submitted three revisions to the Virginia SIP concerning the 
adoption of EPA CTGs for offset lithographic printing and letterpress 
printing, industrial solvent cleaning operations, miscellaneous 
industrial adhesives, and miscellaneous metal and plastic parts 
coatings sources in the specific portion of Virginia known as the 
Northern Virginia Volatile Organic Compound Emissions Control Area.

I. Background

    On March 27, 2008, EPA revised the 8-hour ozone standard to a new 
0.075 parts per million (ppm) level (73 FR 16436). On May 21, 2012, EPA 
finalized designations for the 2008 8-hour ozone NAAQS (77 FR 30087) in 
which the Washington, DC-MD-VA area was designated marginal 
nonattainment. See 40 CFR 81.347. Section 172(c)(1) of the CAA provides 
that SIPs for nonattainment areas must include reasonably available 
control measures (RACM), including RACT, for sources of emissions.\1\ 
However, the northern portion of Virginia is also part of the 
Metropolitan Statistical Area of the District Columbia which is in the 
ozone transport region (OTR) established under section 184(a) of the 
CAA. Pursuant to section 184(b)(1)(B) of the CAA, all areas in the OTR 
must implement RACT with respect to sources of volatile organic 
compounds (VOCs) in the state covered by a CTG issued before or after 
November 15, 1990. In addition, pursuant to CAA section 184(b)(2), 
stationary sources in states or portions of a state within the OTR that 
emit at least 50 tons per year of VOCs shall be considered major 
stationary sources subject to requirements applicable to major 
stationary sources if the area were classified as a Moderate 
nonattainment area including requirements for CTGs and RACT.
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    \1\ EPA defines RACT as ``the lowest emission limitation that a 
particular source is capable of meeting by the application of 
control technology that is reasonably available considering 
technological and economic feasibility.'' 44 FR 53761 (September 17, 
1979).

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    Thus, Virginia must implement for its SIP RACT with respect to 
sources of VOCs covered by CTGs in the northern portion of Virginia 
that is part of the Metropolitan Statistical Area of the District 
Columbia and within the OTR (which Virginia refers to as the ``Northern 
Virginia Volatile Organic Compound Emissions Control Area'').\2\ CAA 
section 184(b)(1)(B) and (2).
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    \2\ The northern portion of Virginia is defined as the Northern 
Virginia Volatile Organic Compound Emissions Control Area in 9VAC5-
20-206 (General Provisions).
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    CTGs are documents issued by EPA intended to provide state and 
local air pollution control authorities information to assist them in 
determining RACT for VOC from various sources. Section 183(e)(3)(c) 
provides that EPA may issue a CTG in lieu of a national regulation as 
RACT for a product category where EPA determines that the CTG will be 
substantially as effective as regulations in reducing emissions of VOC 
in ozone nonattainment areas. The recommendations in the CTG are based 
upon available data and information and may not apply to a particular 
situation based upon the circumstances. States can follow the CTG and 
adopt state regulations to implement the recommendations contained 
therein, or they can adopt alternative approaches. In either case, 
states must submit their RACT rules to EPA for review and approval as 
part of the SIP process.
    In 1993, EPA published a draft CTG for offset lithographic printing 
(58 FR 59261). After reviewing comments on the draft CTG and soliciting 
additional information to help clarify those comments, EPA published an 
alternative control techniques (ACT) document in June 1994 that 
provided supplemental information for states to use in developing rules 
based on RACT for offset lithographic printing. In 1994, EPA developed 
an ACT document for industrial cleaning solvents. No previous EPA 
actions have been taken regarding miscellaneous industrial adhesives 
application operations. In 1978, EPA published a CTG for miscellaneous 
metal parts and products and in 1994 EPA published an ACT for the 
coating of automotive/transportation and business machine plastic parts 
surface coatings. After reviewing the 1978 and 1993 CTGs and 1994 ACTs 
for these industries, conducting a review of currently existing state 
and local VOC emission reduction approaches for these industries, and 
taking into account any information that has become available since 
then, EPA developed new CTGs entitled Control Techniques Guidelines for 
Offset Lithographic and Letterpress Printing (Publication No. EPA 453/
R-06-002; September 2006); Control Techniques Guidelines for Industrial 
Cleaning Solvents (Publication No. EPA 453/R-06-001; September 2006); 
Control Techniques Guidelines for Miscellaneous Industrial Adhesives 
(Publication No. EPA 453/R-08-005; September 2008); and Control 
Techniques Guidelines for Miscellaneous Metal and Plastic Parts 
Coatings (Publication No. EPA 453/R-08-003; September 2008). The CTG 
recommendations may not apply to a particular situation based upon the 
circumstances of a specific source. Regardless of whether a state 
chooses to implement the recommendations contained within the CTGs 
through state rules, or to issue state rules that adopt different 
approaches for RACT for VOCs, states must submit their RACT rules to 
EPA for review and approval as part of the SIP process.

II. Summary of SIP Revisions and EPA Analysis

    On February 1, 2016, Virginia, through the VADEQ, submitted three 
revisions to the Virginia SIP concerning the adoption of the EPA CTGs 
for offset lithographic printing and letterpress printing, industrial 
solvent cleaning operations, miscellaneous industrial adhesives, and 
miscellaneous metal and plastic parts coatings in the Northern Virginia 
Volatile Organic Compound Emissions Control Area. These regulations are 
contained in the following Articles in regulation 9VAC5 Chapter 40, 
Existing Stationary Sources: Article 56, Emission Standards for 
Letterpress Printing Operations in the Northern Virginia Volatile 
Organic Compound Emissions Control Area, 8-Hour Ozone Standard; Article 
56.1, Emission Standards for Offset Lithographic Printing Operations in 
the Northern Virginia Volatile Organic Compound Emissions Control Area, 
8-Hour Ozone Standard; Article 57, Emission Standards for Industrial 
Solvent Cleaning Operations in the Northern Virginia Volatile Organic 
Compound Emissions Control Area, 8-Hour Ozone Standard; Article 58, 
Emission Standards for Miscellaneous Industrial Adhesive Application 
Processes in the Northern Virginia Volatile Organic Compound Emissions 
Control Area, 8-Hour Ozone Standard; and Article 59, Emission Standards 
for Miscellaneous Metal Parts and Products Coating Application Systems 
in the Northern Virginia Volatile Organic Compound Emissions Control 
Area, 8-Hour Ozone Standard. These regulations: (1) Establish 
applicability for offset lithographic printing and letterpress 
printing, industrial cleaning solvent operations, miscellaneous 
industrial adhesives, and miscellaneous metal and plastic parts 
coatings at facilities; (2) establish exemptions; (3) establish 
emission limitations and work practice requirements; and (4) establish 
monitoring, notification, record-keeping and reporting requirements.
    The SIP revisions also amend regulations 9VAC5 Chapter 40, Existing 
Stationary Sources, Article 34 and Article 53. In regulation 9VAC5 
Chapter 40, Article 34, Emission Standards for Miscellaneous Metal 
Parts and Products Coating Application Systems, section 4760, was 
amended to exempt VOC sources in the Northern Virginia Volatile Organic 
Compound Emissions Control Area from its provisions. See 9VAC5-40-4760. 
On and after February 1, 2017, these sources are subject to Article 59, 
Emission Standards for Miscellaneous Metal Parts and Products Coating 
Application Systems in the Northern Virginia Volatile Organic Compound 
Emissions Control Area, 8-Hour Ozone Standard. Regulation 9VAC5 Chapter 
40, Article 53, Emission Standards for Lithographic Printing Processes, 
section 7800, was amended to exempt offset lithographic printing 
processes from its provisions and refers applicable facilities to the 
provisions in Article 56.1, Emission Standards for Offset Lithographic 
Printing Operations in the Northern Virginia Volatile Organic Compound 
Emissions Control Area, 8-Hour Ozone Standard. See 9VAC5-40-7800. 
Virginia has also amended supporting definitions in 9VAC5, Chapter 20, 
General Provisions which relate to the new CTG standards.
    EPA's review of the new and revised regulations submitted by VADEQ 
finds that the submitted revisions of regulation 9VAC5, Chapter 40, 
Existing Stationary Sources, and 9VAC5, Chapter 20, General Provisions, 
address the requirements to adopt RACT for sources located in Virginia 
covered by EPA's CTG recommendations for control of VOC emissions in 
accordance with CAA section 184(b)(1)(B) and (2) for the following 
categories: Offset lithographic printing and letterpress printing, 
industrial cleaning solvent operations, miscellaneous industrial 
adhesives, and miscellaneous metal and plastic parts coatings. EPA also 
finds the Virginia regulations, which adopt the equivalent of the 
specific EPA CTG recommendations, address CAA requirements for RACT in 
sections 172 and 182 as referenced by section 184. More detailed 
information on these provisions as well as a detailed summary of EPA's 
review and rationale

[[Page 57533]]

for proposing to approve these SIP revisions can be found in the 
Technical Support Document (TSD) for this action which is available on 
line at www.regulations.gov, Docket number EPA-R03-OAR-2016-0335.

III. Proposed Action

    EPA is proposing to approve the Virginia SIP revisions submitted on 
February 1, 2016, which consist of amendments to regulation 9VAC5 
Chapter 40, Existing Stationary Sources and 9VAC5 Chapter 20, General 
Provisions, and address the requirement to adopt RACT for sources 
located in the Northern Virginia VOC Emissions Control Area covered by 
EPA's CTG standards in accordance with CAA requirements in sections 
172, 182 and 184 for the following categories: Offset lithographic 
printing and letterpress printing, industrial cleaning solvent 
operations, miscellaneous industrial adhesives, and miscellaneous metal 
and plastic parts coatings. EPA is soliciting public comments on the 
issues discussed in this document. These comments will be considered 
before taking final action.

IV. General Information Pertaining to SIP Submittals From the 
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to 
certain conditions, for an environmental assessment (audit) 
``privilege'' for voluntary compliance evaluations performed by a 
regulated entity. The legislation further addresses the relative burden 
of proof for parties either asserting the privilege or seeking 
disclosure of documents for which the privilege is claimed. Virginia's 
legislation also provides, subject to certain conditions, for a penalty 
waiver for violations of environmental laws when a regulated entity 
discovers such violations pursuant to a voluntary compliance evaluation 
and voluntarily discloses such violations to the Commonwealth and takes 
prompt and appropriate measures to remedy the violations. Virginia's 
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and 
information about the content of those documents that are the product 
of a voluntary environmental assessment. The Privilege Law does not 
extend to documents or information that: (1) Are generated or developed 
before the commencement of a voluntary environmental assessment; (2) 
are prepared independently of the assessment process; (3) demonstrate a 
clear, imminent and substantial danger to the public health or 
environment; or (4) are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the 
Attorney General provided a legal opinion that states that the 
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege 
to documents and information ``required by law,'' including documents 
and information ``required by federal law to maintain program 
delegation, authorization or approval,'' since Virginia must ``enforce 
federally authorized environmental programs in a manner that is no less 
stringent than their federal counterparts. . . .'' The opinion 
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or 
other information needed for civil or criminal enforcement under one of 
these programs could not be privileged because such documents and 
information are essential to pursuing enforcement in a manner required 
by federal law to maintain program delegation, authorization or 
approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that 
``[t]o the extent consistent with requirements imposed by federal 
law,'' any person making a voluntary disclosure of information to a 
state agency regarding a violation of an environmental statute, 
regulation, permit, or administrative order is granted immunity from 
administrative or civil penalty. The Attorney General's January 12, 
1998 opinion states that the quoted language renders this statute 
inapplicable to enforcement of any federally authorized programs, since 
``no immunity could be afforded from administrative, civil, or criminal 
penalties because granting such immunity would not be consistent with 
federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and 
Immunity statutes will not preclude the Commonwealth from enforcing its 
program consistent with the federal requirements. In any event, because 
EPA has also determined that a state audit privilege and immunity law 
can affect only state enforcement and cannot have any impact on federal 
enforcement authorities, EPA may at any time invoke its authority under 
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to 
enforce the requirements or prohibitions of the state plan, 
independently of any state enforcement effort. In addition, citizen 
enforcement under section 304 of the CAA is likewise unaffected by 
this, or any, state audit privilege or immunity law.

V. Incorporation by Reference

    In this proposed rulemaking action, EPA is proposing to include in 
a final EPA rule, regulatory text that includes incorporation by 
reference. In accordance with requirements of 1 CFR 51.5, EPA is 
proposing to incorporate by reference the VADEQ regulations regarding 
control of VOC emissions from offset lithographic printing and 
letterpress printing, industrial solvent cleaning operations, 
miscellaneous industrial adhesives, and miscellaneous metal and plastic 
parts coatings in the Northern Virginia Volatile Organic Compound 
Emissions Control Area as described in section II of this proposed 
action. EPA has made, and will continue to make, these materials 
generally available through http://www.regulations.gov and/or at the 
EPA Region III Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this proposed action:
     is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or

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safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 
1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land as 
defined in 18 U.S.C. 1151 or in any other area where EPA or an Indian 
tribe has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the RACT rules for sources in northern Virginia in this 
action do not have tribal implications and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: August 10, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2016-20143 Filed 8-22-16; 8:45 am]
 BILLING CODE 6560-50-P