Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 81477 

EPA–APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued 

State citation 

[Chapter 16–20 or 45 CSR ] Title/subject State effective date 

EPA approval 

date 

Additional explanation/ 

citation at 40 CFR 52.2565 

*******

[45 CSR] Series 39 Control of Annual Nitrogen Oxide Emissions to Mitigate Interstate Transport of Fine Particulate Matter and Nitrogen Oxides 

*******

Section 45–39–15 ......................... Delegation by CAIR Designated 

Representative and Alternate 

CAIR Designated Representative.

5/1/08 8/4/09, 74 FR 

38536.

* * * * * * * 

[45 CSR] Series 41 Control of Annual Sulfur Dioxides Emissions 

*******

* * * * * (e) EPA-approved nonregulatory and 

quasi-regulatory material. 

Name of non-regulatory SIP revision Applicable geographic 

area 

State submittal 

date EPA approval date Additional explanation 

*******

State of West Virginia Transportation 

Conformity Requirements.

Entire State ............... 04/12/07 5/2/08, 73 FR 

24175.

Memoranda of Understanding between 

EPA, FHWA, FTA, State of West 

Virginia, and six Metropolitan Planning Organizations. 

[FR Doc. 2010–32452 Filed 12–27–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2008–0073; FRL–9243–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Amendments to Ambient Air Quality 

Standards for Particulate Matter 

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 revision consists of 

amendments to the Commonwealth of 

Virginia’s ambient air quality standards 

for particulate matter (PM). This action 

is being taken under the Clean Air Act 

(CAA). 

DATES: Effective Date: This final rule is 

effective on January 27, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2008–0073. All 

documents in the docket are listed in 

the http://www.regulations.gov website. 

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 email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 17, 2008 (73 FR 67825), 

EPA published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Virginia. The NPR 

proposed approval of amendments to 

the Commonwealth’s existing ambient 

air quality standards for particulate 

matter in 9VAC5 Chapter 30. The formal 

SIP revision was submitted by the 

Commonwealth of Virginia on January 

7, 2008. EPA received no comments on 

the proposal to approve Virginia’s SIP 

revision. However, regulation 9VAC5– 

30–65E included an incorrect reference 

of the Federal Register document for the 

annual and 24-hour PM2.5 NAAQS that 

were established by the EPA on July 18, 

1997 as 62 FR 28856 instead of 62 FR 

38652. On September 29, 2010, EPA 

received a correction to the regulation 

(9VAC5 Chapter 30) that contains the 

ambient air quality standards set out in 

40 CFR 50. The SIP revision made the 

necessary correction to reference the 

Federal Register document 

appropriately. 

II. Summary of SIP Revision 

The Commonwealth’s SIP revision to 

the Virginia Regulations for the Control 


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81478 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 

and Abatement of Air Pollution: 9VAC5 

Chapter 30—Ambient Air Quality 

Standards incorporates the annual and 

24-hour PM2.5 national ambient air 

quality standards that were established 

by the EPA on July 18, 1997 and on 

October 17, 2006. The revision is 

consistent with the national ambient air 

quality standards. The SIP revision 

amends the PM2.5 standard to add the 

new 24-hour standard of 35 μg/m3, 

retains the current 24-hour standard of 

65 μg/m3 during the transition to the 

new standard, adds transitional 

language to clarify implementation of 

these standards, and removes obsolete 

language referencing the annual PM10

standard. The SIP revision also adds 

new reference conditions. 

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 (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 amendments to 

the existing air quality standards for 

particulate matter in 9VAC5 Chapter 30 

as a revision to the Virginia SIP. 

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 


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Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 81479 

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 February 28, 

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. This action, amending 

ambient air quality standards for 

particulate matter, 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, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: December 14, 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 revising the entries 

for 5–30–60 and 5–30–65, and adding 

entries 5–30–15 and 5–30–66 to 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] 

*******

9VAC5, Chapter 

30 

Ambient Air Quality Standards [Part III] 

*******

5–30–15 ............ Reference Conditions ................... 8/1/07 12/28/10 [Insert page number 

where the document begins].

Added section. 

* * * * * * * 

5–30–60 ............ Particulate Matter (PM10) .............. 8/1/07 12/28/10 [Insert page number 

where the document begins].

Removed PM10 annual standard. 

5–30–65 ............ Particulate Matter (PM2.5) ............. 8/1/07 12/28/10 [Insert page number 

where the document begins].

Removed PM10 standard. 

5–30–66 ............ Particulate Matter (PM2.5) ............. 8/1/07 12/28/10 [Insert page number 

where the document begins].

Added section. 

* * * * * * * 


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* * * * * 

[FR Doc. 2010–32487 Filed 12–27–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0857; FRL–9243–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Allegheny County’s 

Adoption of Control Techniques 

Guidelines for Large Appliance and 

Metal Furniture; Flat Wood Paneling; 

Paper, Film, and Foil Surface Coating 

Processes; and Revisions to 

Definitions and an Existing Regulation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Pennsylvania State Implementation Plan 

(SIP). These SIP revisions include 

amendments to the Allegheny County 

Health Department (ACHD) Rules and 

Regulations, Article XXI, Air Pollution 

Control, and meet the requirement to 

adopt Reasonably Available Control 

Technology (RACT) for sources covered 

by EPA’s Control Techniques 

Guidelines (CTG) standards for the 

following categories: Large appliance 

and metal furniture; flat wood paneling; 

and paper, film, and foil surface coating 

processes. These amendments will 

reduce emissions of volatile organic 

compounds (VOC) from large appliance 

and metal furniture; flat wood paneling; 

and paper, film, and foil surface coating 

processes. Therefore, this revision will 

help Pennsylvania attain and maintain 

the national ambient air quality 

standard (NAAQS) for ozone. This 

action is being taken under the Clean 

Air Act (CAA). 

DATES: This rule is effective on February 

28, 2011 without further notice, unless 

EPA receives adverse written comment 

by January 27, 2011. 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 Number EPA– 

R03–OAR–2010–0857 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: powers.marilyn@epa.gov. 

C. Mail: EPA–R03–OAR–2010–0857, 

Marilyn Powers, Acting Associate 

Director, Office of Air Program 

Planning, Mailcode 3AP30, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted 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–2010– 

0857. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

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 http://www. 

regulations.gov or e-mail. The http:// 

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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

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 

http://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 http:// 

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 Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105 

or the Allegheny County Health 

Department, Bureau of Environmental 

Quality, Division of Air Quality, 301 

39th Street, Pittsburgh, Pennsylvania 

15201. 

FOR FURTHER INFORMATION CONTACT: 

Irene Shandruk, (215) 814–2166, or by 

e-mail at shandruk.irene@epa.gov. 

SUPPLEMENTARY INFORMATION: On July 

23, 2010, the Pennsylvania Department 

of Environmental Protection (PADEP) 

submitted to EPA a SIP revision 

concerning the adoption of the EPA 

CTGs for large appliance and metal 

furniture; flat wood paneling; and 

paper, film, and foil surface coating 

processes. 

I. Background 

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. Section 

182(b)(2)(A) provides that for certain 

nonattainment areas, States must revise 

their SIPs to include RACT for sources 

of VOC emissions covered by a CTG 

document issued after November 15, 

1990 and prior to the area’s date of 

attainment. 

CTGs are intended to provide State 

and local air pollution control 

authorities information that should 

assist them in determining RACT for 

VOCs from various sources, including 

large appliance coatings, metal furniture 

coatings, flat wood paneling coatings, 

and paper, film, and foil coatings. In 

developing these CTGs, EPA, among 

other things, evaluated the sources of 

VOC emissions from this industry and 

the available control approaches for 

addressing these emissions, including 

the costs of such approaches. Based on 

available information and data, EPA 

provided recommendations for RACT 

for VOCs from large appliance coatings, 

metal furniture coatings, flat wood 

paneling coatings, and paper, film, and 

foil coatings. 

In December 1977, EPA published 

CTGs for large appliance coatings (EPA– 

450/2–77–034), surface coating of metal 

furniture (EPA–450/2–77–032), and 

surface coating of paper (EPA–450/2– 

77–008). In June 1978, EPA published a 

CTG for flat wood paneling coatings 

(EPA–450/2–78–034). These CTGs 

discuss the nature of VOC emissions 

from these industries, available control 


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