Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations 3023 

should be commensurate with the 

extent of his/her ownership interest in 

that concern. 

* * * * * 

■ 4. Amend § 74.4 by revising paragraph 

(c)(1) to read as follows: 

§ 74.4 Who does CVE consider to control 

a veteran-owned small business? 

* * * * * 

(c)(1) An applicant or participant 

must be controlled by one or more 

veterans or service-disabled veterans 

who possess requisite management 

capabilities. Owners need not work fulltime but must show sustained and 

significant time invested in the 

business. An owner engaged in 

employment or management outside the 

applicant concern must submit a written 

statement supplemental to the 

application which demonstrates that 

such activities will not have a 

significant impact on the owner’s ability 

to manage and control the applicant 

concern. Applications from jointventures are exempt from the 

requirement to submit a supplemental 

written statement. 

* * * * * 

[FR Doc. 2011–983 Filed 1–18–11; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2008–0780; FRL–9251–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Amendments to Existing Regulation 

Provisions Concerning Case-by-Case 

Reasonably Available Control 

Technology 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Virginia. This SIP revision consists of 

amendments to the Commonwealth’s 

existing regulations in order to clarify 

and recodify provisions covering caseby-case reasonably available control 

technology (RACT), as well as to add the 

1997 8-hour ozone national ambient air 

quality standard (NAAQS) RACT 

requirements to the Commonwealth’s 

regulations. This action is being taken 

under the Clean Air Act (CAA). 

DATES: Effective Date: This final rule is 

effective on February 18, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2008–0780. All 

documents in the docket are listed in 

the http://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 

http://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: 

Gregory Becoat, (215) 814–2036, or by 

e-mail at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 3, 2009 (74 FR 56754), 

EPA published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Virginia. The formal 

SIP revision was submitted by the 

Commonwealth of Virginia on 

September 8, 2008. The NPR proposed 

approval of the Virginia SIP revision 

that clarifies and recodifies provisions 

covering case-by-case RACT, as well as 

added the 1997 8-hour ozone standard 

RACT requirements to the 

Commonwealth’s regulations. EPA 

received no comments on the proposal 

to approve Virginia’s SIP revision. 

However, regulation 9VAC5–40–7420F. 

and G. incorrectly cross-referenced the 

Commonwealth’s Volatile Organic 

Compounds (VOC) regulations at 

9VAC5–40–7390, instead of its nitrogen 

oxides regulation at 9VAC5–40–7410. 

On September 27, 2010, Virginia 

submitted a correction to the regulation 

(Article 51 of 9VAC5–40, Existing 

Stationary Sources) that contains the 

requirements for making case-by-case 

RACT determinations. The SIP revision 

corrected the two typographic errors in 

order to correctly cross-reference 

regulation 9VAC5–40–7420F. and G. to 

the nitrogen oxides regulation at 

9VAC5–40–7410. 

II. Summary of SIP Revision 

The Commonwealth’s SIP revision 

consists of the following changes: 

1. Addition of 9VAC5 Chapter 40, 

Article 51—Emission Standards for 

Stationary Sources Subject to Case-byCase RACT Determinations, in order to 

separate the RACT specific 

requirements from the general process 

requirements of Article 4 of 9VAC5 

Chapter 40. 

2. Administrative wording changes to 

regulations 9VAC5–40–250A. and 

9VAC5–40–250B. 

3. Deletion of definition of 

‘‘Reasonably available control 

technology’’ in 9VAC5–40–250C. and 

addition of the other definitions in 

9VAC5–40–250C. to 9VAC5–40–7380 in 

Article 51 of 9VAC5 Chapter 40. 

4. Addition of the following 

definitions to regulation 9VAC5–40– 

7380C.—Terms defined: ‘‘Presumptive 

RACT,’’ ‘‘Theoretical potential to emit’’ 

and ‘‘Tpy.’’ 

5. All the definitions in regulation 

9VAC5–40–311B.3—Terms defined, are 

deleted and added to 9VAC5–40–7380C. 

in Article 51 of 9VAC5 Chapter 40. 

6. Repealed regulations 9VAC5–40– 

300—Standard for volatile organic 

compounds, 9VAC5–40–310—Standard 

for nitrogen oxides, and 9VAC5–40– 

311—Reasonably available control 

technology guidelines for stationary 

sources of nitrogen oxides, in Article 4 

of 9VAC5 Chapter 40 are replaced with 

9VAC5–40–7390—Standard for volatile 

organic compounds (one-hour 

standard), 9VAC5–40–7410—Standard 

for nitrogen oxides (one-hour ozone 

standard), and 9VAC5–40–7430— 

Presumptive reasonably available 

control technology guidelines for 

stationary sources of nitrogen oxides, 

respectively, in Article 51 of 9VAC5 

Chapter 40. 

7. Addition of the 1997 8-hour ozone 

standard requirements for RACT in 

regulations 9VAC5–40–7400—Standard 

for volatile organic compounds (eighthour ozone standard) and 9VAC5–40– 

7420—Standard for nitrogen oxides 

(eight-hour ozone standard). 

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 


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3024 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations 

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 (1) 

That are generated or developed before 

the commencement of a voluntary 

environmental assessment; (2) that are 

prepared independently of the 

assessment process; (3) that demonstrate 

a clear, imminent and substantial 

danger to the public health or 

environment; or (4) that 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 § 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 

Clean Air Act is likewise unaffected by 

this, or any, State audit privilege or 

immunity law. 

IV. Final Action 

EPA is approving the Virginia SIP 

revision that clarifies and recodifies 

provisions covering case-by-case RACT, 

as well as adds the 1997 8-hour ozone 

standard RACT requirements to the 

Commonwealth’s regulations. 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act 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 Clean Air Act. 

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 Clean Air Act; 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by March 21, 2011. 

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. 


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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations 3025 

This action, pertaining to the 

Commonwealth of Virginia’s RACT 

provisions under the 8-hour ozone 

NAAQS, 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, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: December 17, 2010. 

W.C. Early, 

Acting, Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for 40 CFR 

part 52 continues to read as follows: 

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

Subpart VV—Virginia 

■ 2. In § 52.2420, the table in paragraph 

(c) is amended by: 

■ a. Adding the heading ‘‘EPAAPPROVED VIRGINIA REGULATIONS 

AND STATUTES’’ to the table. 

■ b. Revising the heading for Article 4 

and the entry for regulation 5–40–250. 

■ c. Removing the entry for regulations 

5–40–300, 5–40–310A.–E., and 5–40– 

311. 

■ d. Adding a category for Article 51 

after entry 5–40–7360 under Article 50 

and before the existing Title entry for 

Article 53. 

The amendments read as follows: 

§ 52.2420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES

State citation Title/subject State effective date EPA approval date Explanation [former SIP citation] 

*******

9 VAC 5, Chapter 

40.

Existing Stationary Sources [Part IV] 

*******

Part II ...................... Emission Standards 

*******

Article 4 .................. General Process Operations (Rule 4–4) 

*******

5–40–250 ................ Definitions ............................................... 12/15/06 1/19/11 [Insert page 

number where 

the document begins].

Removal of ‘‘Reasonably available control 

technology’’ from 5–40–250C. 

*******

Article 51 ................ Stationary Sources Subject to Case-by-Case Control Technology Determinations (Rule 4–51) 

5–40–7370 .............. Applicability and designation of affected 

facility.

12/15/06 1/19/11 [Insert page 

number where 

the document begins].

Added Regulation. 

5–40–7380 .............. Definitions ............................................... 12/15/06 1/19/11 [Insert page 

number where 

the document begins].

Added Regulation. 

5–40–7390 .............. Standard for volatile organic compounds 

(1-hour ozone standard).

12/15/06 1/19/11 [Insert page 

number where 

the document begins].

Added Regulation. 

5–40–7400 .............. Standard for volatile organic compounds 

(8-hour ozone standard).

12/15/06 1/19/11 [Insert page 

number where 

the document begins].

Added Regulation. 

5–40–7410 .............. Standard for nitrogen oxides (1-hour 

ozone standard) Subsection F.

12/15/06 

6/24/09 

1/19/11 [Insert page 

number where 

the document begins].

Added Regulation. 

5–40–7420 .............. Standard for nitrogen oxides (8-hour 

ozone standard).

12/15/06 

6/24/09 

1/19/11 [Insert page 

number where 

the document begins].

Added Regulation. 


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3026 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued 

State citation Title/subject State effective date EPA approval date Explanation [former SIP citation] 

5–40–7430 .............. Presumptive reasonably available control technology guidelines for stationary sources of nitrogen oxides.12/15/06 1/19/11 [Insert page 

number where 

the document begins].

Added Regulation. 

5–40–7440 .............. Standard for visible emissions ................ 12/15/06 1/19/11 [Insert page 

number where 

the document begins].

Added Regulation. 

5–40–7450 .............. Standard for fugitive dust/emissions ...... 12/15/06 1/19/11 [Insert page 

number where 

the document begins].

Added Regulation. 

5–40–7480 .............. Compliance ............................................. 12/15/06 1/19/11 [Insert page 

number where 

the document begins].

Added Regulation. 

5–40–7490 .............. Test methods and procedures ................ 12/15/06 1/19/11 [Insert page 

number where 

the document begins].

Added Regulation. 

5–40–7500 .............. Monitoring ............................................... 12/15/06 1/19/11 [Insert page 

number where 

the document begins].

Added Regulation. 

5–40–7510 .............. Notification .............................................. 12/15/06 1/19/11 [Insert page 

number where 

the document begins].

Added Regulation. 

5–40–7520 .............. Registration ............................................. 12/15/06 1/19/11 [Insert page 

number where 

the document begins].

Added Regulation. 

5–40–7530 .............. Facility and control equipment maintenance or malfunction.12/15/06 1/19/11 [Insert page 

number where 

the document begins].

Added Regulation. 

5–40–7540 .............. Permits .................................................... 12/15/06 1/19/11 [Insert page 

number where 

the document begins].

Added Regulation 

* * * * * * * 

* * * * * 

[FR Doc. 2011–484 Filed 1–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2009–0032; FRL–8859–3] 

Fluazinam; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of fluazinam in 

or on multiple commodities which are 

identified and discussed later in this 

document. Interregional Research 

Project Number 4 (IR–4) requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

January 19, 2011. Objections and 

requests for hearings must be received 

on or before March 21, 2011, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2009–0032. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Laura Nollen, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7390; e-mail address: 

nollen.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 


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