[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)]
[Rules and Regulations]
[Pages 58855-58858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20299]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0233; FRL-9951-41-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Control of Emissions of Volatile Organic Compounds From the 
Reynolds Consumer Products LLC--Bellwood Printing Plant

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the Commonwealth of Virginia 
(Virginia) state implementation plan (SIP). The revision would remove a 
consent agreement and order (consent order) previously included in the 
Virginia SIP to address reasonably available control technology (RACT) 
requirements for volatile organic compounds (VOCs) control at the 
Reynolds Consumer Product LLC (Reynolds) plant and include a state 
operating permit in the SIP to continue to address RACT requirements 
for the Reynolds plant. EPA is approving these revisions in accordance 
with the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on October 25, 2016 without further 
notice, unless EPA receives adverse written comment by September 26, 
2016. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0233 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: Gregory Becoat, (215) 814-2036, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On October 26, 2015, the Commonwealth of Virginia through the 
Virginia Department of Environmental Quality (VADEQ) submitted a 
revision to its SIP. The SIP revision submittal seeks to include state 
operating permit conditions and terms for the control of emissions of 
VOCs from Reynolds' plant located in Chesterfield, Virginia, in the 
Richmond Area, in order to address VOC RACT requirements for Reynolds. 
Previously, VOC RACT requirements for Reynolds were addressed via 
inclusion in the Virginia SIP of a Consent Order between VADEQ and 
Reynolds. This SIP revision submittal seeks to remove the prior 
Reynolds' consent order included in the SIP and replace it with nearly 
identical VOC RACT requirements now contained for the Reynolds' plant 
in a state operating permit. The SIP revision submittal also contains 
minor administrative and technical changes related to VOCs compared to 
the Reynolds' consent order; however, the substantive provision of VOC 
RACT remains the same for the Reynolds' plant, thus the minor 
administrative and technical changes have no effect on facility 
operation, VOC emissions, or air quality.
    The Virginia SIP provides that the Commonwealth of Virginia's State 
Air Pollution Control Board must, on case-by-case basis, determine RACT 
for VOCs from major sources for which EPA has not issued a control 
technology guideline (CTG). 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). The Richmond Area was originally designated as a 
``moderate'' ozone nonattainment area under the 1-hour ozone national 
ambient air quality standard (NAAQS), and thereby had to meet the non-
CTGs RACT requirements under section 182 of the CAA (56 FR 56694, 
November 6, 1991). Reynolds' printing plant was identified as being 
subject to non-CTG RACT. The facility underwent a RACT analysis, and a 
federally-enforceable consent order was issued to the facility on 
October 30, 1986. The order was then submitted to EPA as a SIP 
revision, and approved into the Commonwealth's SIP on June 6, 1996 (61 
FR 29963).

II. Summary of SIP Revision

    The SIP revision removes the prior Reynolds' consent order included 
in the

[[Page 58856]]

SIP and replaces it with nearly identical VOC RACT requirements now 
contained for the Reynolds' plant in a state operating permit. 
Including the permit in the SIP will continue to implement RACT 
requirements for the plant, a major source of VOCs, as required by 
sections 172 and 182(b) of the CAA. The permit established control 
technology and other requirements for the control of VOC emissions from 
the Reynolds' plant in the Richmond Area. The permit incorporates only 
the conditions of the consent order, along with general permit 
conditions relating to testing, right of entry, and change of 
ownership. All operational requirements are limited in scope to those 
required by the consent order approved into the Commonwealth's SIP on 
June 6, 1996 (61 FR 29963). This includes process requirements to 
control VOC emissions, process emission limits, and on-site records.
    The Commonwealth of Virginia's SIP revision also corrects two 
typographical errors in the formula used to calculate the estimated 
percent reduction in VOC emissions at Reynolds' plant for X14 (total 
actual solvent usage for time period) and X15 (total estimated solvents 
the plant is capable of using if water based materials were not used). 
The formula with the typographical errors was approved into the 
Commonwealth's SIP on June 6, 1996 (61 FR 29963). The revised formula 
for the state operating permit merely corrects a typographical mistake 
made within the consent order but does not alter how VOCs are or were 
calculated nor affect VOC emissions from the plant. A more detailed 
description of the state submittal and EPA's evaluation is included in 
a technical support document (TSD) prepared in support of this 
rulemaking action.

III. Final Action

    EPA is approving the October 26, 2015 submittal for the purpose of 
removing a consent order previously included in the Virginia SIP to 
address RACT requirements for VOC control at the Reynolds' plant and 
including Reynolds' state operating permit in the SIP to continue to 
address RACT requirements for Reynolds. EPA also approves the minor 
administrative and technical changes in the formula used to calculate 
the estimated percent reduction in VOC emissions. EPA is publishing 
this rule without prior proposal because EPA views this as a 
noncontroversial amendment and anticipates no adverse comment. However, 
in the ``Proposed Rules'' section of this Federal Register, EPA is 
publishing a separate document that will serve as the proposal to 
approve the SIP revision if adverse comments are filed. This rule will 
be effective on October 25, 2016 without further notice unless EPA 
receives adverse comment by September 26, 2016. If EPA receives adverse 
comment, EPA will publish a timely withdrawal in the Federal Register 
informing the public that the rule will not take effect. EPA will 
address all public comments in a subsequent final rule based on the 
proposed rule. EPA will not institute a second comment period on this 
action. Any parties interested in commenting must do so at this time.

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 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 a revision 
removing the prior Reynolds' consent order included in the SIP and 
replacing it with nearly identical VOC RACT requirements now contained 
for the Reynolds' plant in a state operating permit. Therefore, these 
materials have been approved by EPA for inclusion in the SIP, have been 
incorporated by reference by EPA into

[[Page 58857]]

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 of the SIP compilation.\1\ EPA has 
made, and will continue to make, these materials generally available 
through 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).
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    \1\ 62 FR 27968 (May 22, 1997).
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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);
     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).

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).
    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. section 804, however, exempts from section 801 the 
following types of rules: Rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, EPA is not required 
to submit a rule report regarding this action under section 801.

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 25, 2016. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking action.
    This action removing a consent order previously included in the 
Virginia SIP to address RACT requirements for VOCs control at Reynolds 
plant and including Reynolds' state operating permit in the SIP to 
continue to address RACT requirements for Reynolds; as well as, making 
minor administrative and technical changes in the formula used to 
calculate the estimated percent reduction in VOC emissions, 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, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: August 12, 2016.
Shawn M. Garvin,
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 (d) is amended by revising 
the entry for Reynolds Metals Co.-Bellwood to read as follows:


Sec.  52.2420   Identification of plan.

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[[Page 58858]]

    (d) * * *

                                    EPA-Approved Source Specific Requirements
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                                       Permit/order
                                            or             State                                 40 CFR part 52
             Source name               registration   effective date     EPA approval date          citation
                                            No.
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                                                  * * * * * * *
Reynolds Metals Co.-Bellwood........           50260      10/20/2015  8/26/2016 [Insert          52.2465(c)(110)
                                                                       Federal Register
                                                                       citation].
 
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[FR Doc. 2016-20299 Filed 8-25-16; 8:45 am]
 BILLING CODE 6560-50-P