Federal Register / Vol. 77, No. 176 / Tuesday, September 11, 2012 / Rules and Regulations 55695 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

10. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

would not create an environmental risk 

to health or risk to safety that might 

disproportionately affect children. 

11. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the establishment of a 

temporary safety zone to protect the 

public on navigable waters of the United 

States. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add a temporary § 165.20T07–0722 

to read as follows: 

§ 165.20T07–0722 Safety zone; Miami 

Paddle Challenge, Biscayne Bay, Miami, FL. 

(a) Biscayne Bay, Florida. All waters 

of Biscayne Bay located west of Key 

Biscayne and south of Rickenbacker 

Causeway encompassed within an 

imaginary line connecting the following 

points: starting at Point 1 in position 

25°44′43′′ N, 80°11′40′′ W; thence 

southwest to Point 2 in position 

25°40′29′′ N, 80°14′58′′ W; thence 

northwest to Point 3 in position 

25°40′39′′ N, 80°15′14′′ W; thence 

northeast to Point 4 in position 

25°44′45′′ N, 80°11′59′′ W; thence east 

back to origin. All coordinates are North 

American Datum 1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Miami in the 

enforcement of the regulated area. 

(c) Regulations. 

(1) Non-participant persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the safety zone unless 

authorized by the Captain of the Port 

Miami or a designated representative. 

Non-participant persons and vessels 

may request authorization to enter, 

transit through, anchor in, or remain 

within the regulated area by contacting 

the Captain of the Port Miami by 

telephone at 305–535–4472, or a 

designated representative via VHF radio 

on channel 16. If authorization is 

granted by the Captain of the Port 

Miami or a designated representative, 

all persons and vessels receiving such 

authorization must comply with the 

instructions of the Captain of the Port 

Miami or a designated representative. 

(2) The Coast Guard will provide 

notice of the regulated areas by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Effective Date. This rule is 

effective from 6 a.m. until 4 p.m. on 

September 29, 2012. 

Dated: August 23, 2012. 

C.P. Scraba, 

Captain, U.S. Coast Guard, Captain of the 

Port Miami. 

[FR Doc. 2012–22294 Filed 9–10–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0280; FRL–9724–8] 

Approval and Promulgation of 

Implementation Plans; Virginia; 

Revisions to the State Implementation 

Plan Approved by EPA Through Letter 

Notice Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; administrative 

change. 

SUMMARY: EPA is taking final action on 

administrative changes to the Virginia 

State Implementation Plan (SIP). The 

changes consist of revised regulatory 

citations found in Virginia’s regulations 

pertaining to municipal solid waste 

landfills and open burning which EPA 

previously approved through a Letter 

Notice. EPA has determined that this 

action falls under the ‘‘good cause’’ 

exemption in the Administrative 

Procedure Act (APA). This exemption in 

the APA authorizes agencies to dispense 

with public participation and to make 

an action effective immediately, thereby 

avoiding the 30-day delayed effective 

date otherwise provided for in the APA. 

DATES: This action is effective 

September 11, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0280. 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 


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55696 Federal Register / Vol. 77, No. 176 / Tuesday, September 11, 2012 / Rules and Regulations 

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: 

Harold A. Frankford at (215) 814–2108, 

or by email at 

frankford.harold@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to EPA. 

I. What is being addressed in this 

document? 

EPA is taking final action on 

administrative changes to the Virginia 

SIP. On March 16, 2012, Virginia 

submitted a SIP revision which revises 

regulatory citations found in 

Regulations 9VAC5 Chapter 40, Part I, 

Article 43 (Municipal Solid Waste 

Landfills) and Chapter 130, Part I 

(Regulation for Open Burning). The 

amended text changes those citations 

which cross-reference Virginia’s current 

Solid Waste Management Regulations 

(9VAC5–20–81). The affected SIPapproved regulations are sections 5–40– 

5810, 5–40–5820, 5–40–5850, 5–40– 

5880, 5–40–5920, 5–130–20, and 5–130– 

40. EPA has determined that the 

revisions are minor SIP changes without 

any substantive changes, and that they 

comply with all applicable requirements 

of the CAA and EPA regulations 

concerning such SIP revisions. EPA 

approved these revisions through a 

Letter Notice to the Virginia Department 

of Environmental Quality (VADEQ) 

dated June 1, 2012 consistent with the 

procedures outlined in both EPA’s 

Notice of Procedural Changes on SIP 

processing published on January 19, 

1989 at 54 FR 2214 and a memorandum 

dated April 6, 2011 entitled ‘‘Regional 

Consistency for the Administrative 

Requirements of State Implementation 

Plan Submittals and the Use of Letter 

Notices’’ from Janet McCabe, Deputy 

Assistant Administrator for the Office of 

Air and Radiation to the EPA Regional 

Administrators. 

II. What action is EPA taking? 

Today’s action merely codifies in 40 

CFR 52.2420(c) the administrative 

amendments approved by EPA through 

its June 1, 2012 Letter Notice to VADEQ. 

EPA has determined that this action 

falls under the ‘‘good cause’’ exemption 

in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA). 

This exemption authorizes agencies to 

dispense with public participation and 

section 553(d)(3) which allows an 

agency to make an action effective 

immediately, thereby avoiding the 30- 

day delayed effective date otherwise 

provided for in the APA. With respect 

to the SIP revision described above, 

today’s administrative action simply 

codifies provisions which are already in 

effect as a matter of law in Federal and 

approved state programs. Under section 

553 of the APA, an agency may find 

good cause where procedures are 

‘‘impractical, unnecessary, or contrary 

to the public interest.’’ Public comment 

for this administrative action is 

‘‘unnecessary’’ because the revisions are 

administrative and non-substantive in 

nature. Immediate notice of this action 

in the Federal Register benefits the 

public by providing the public notice of 

the updated Virginia SIP. Approval of 

these revisions will ensure consistency 

between state and Federally-approved 

rules. EPA has determined that these 

changes will not relax the SIP or 

adversely impact air emissions. 

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 § 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 

CAA is likewise unaffected by this, or 


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Federal Register / Vol. 77, No. 176 / Tuesday, September 11, 2012 / Rules and Regulations 55697 

any, state audit privilege or immunity 

law. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the Clean Air Act (CAA), 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 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 (CRA) 

(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 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. 5 U.S.C. 808(2). In taking action 

on this SIP revision, EPA already made 

such a finding. Thus, the SIP revisions 

announced in this notice became 

effective upon EPA’s June 1, 2012 Letter 

Notice to Virginia. Today’s 

administrative action simply codifies a 

provision which is already in effect as 

a matter of law in Federal and approved 

state programs. EPA will submit a report 

containing this action and other 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication of this action 

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 November 13, 2012. 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 to codify 

in 40 CFR 52.2420(c) the administrative 

amendments approved by EPA through 

its June 1, 2012 Letter Notice to VADEQ 

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, 

Particulate matter, Reporting and record 

keeping requirements, Sulfur oxides, 

Volatile organic compounds. 

Dated: August 23, 2012. 

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 Sections 5–40–5810, 5–40–5820, 5– 

40–5850, 5–40–5880, 5–40–5920, 5– 

130–20 and 5–130–40. 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 


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EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued 

State citation Title/Subject State effective 

date EPA approval date Explanation [former SIP citation] 

*******

Article 43 Municipal Solid Waste Landfills (Rule 4–43) 

*******

5–40–5810 ........ Definitions ..................................... 8/17/11 6/1/12 by Letter Notice ................. The SIP effective date is 6/1/12. 

5–40–5820 ........ Standard for air emissions ............ 8/17/11 6/1/12 by Letter Notice ................. The SIP effective date is 6/1/12. 

*******

5–140–5850 ...... Compliance ................................... 8/17/11 6/1/12 by Letter Notice ................. The SIP effective date is 6/1/12. 

*******

5–40–5880 ........ Reporting ....................................... 8/17/11 6/1/12 by Letter Notice ................. The SIP effective date is 6/1/12. 

*******

5–40–5920 ........ Permits .......................................... 8/17/11 6/1/12 by Letter Notice ................. The SIP effective date is 6/1/12. 

*******

9 VAC 5, Chapter 130 Regulations for Open Burning [Formerly 9VAC5 Chapter 40, Part II, Article 40] 

Part I General Provisions 

*******

5–130–20 .......... Definitions ..................................... 8/17/11 6/1/12 by Letter Notice ................. The SIP effective date is 6/1/12. 

*******

5–130–40 .......... Permissible open burning ............. 8/17/11 6/1/12 by Letter Notice ................. The SIP effective date is 6/1/12. 

*******

* * * * * 

[FR Doc. 2012–22207 Filed 9–10–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2007–0544; FRL–9684–7] 

RIN 2060–AQ41 

National Emission Standards for 

Hazardous Air Pollutants From the 

Pulp and Paper Industry 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action finalizes the 

residual risk and technology review 

conducted for the pulp and paper 

industry source category regulated 

under national emission standards for 

hazardous air pollutants. The EPA is 

required to conduct residual risk and 

technology reviews under the Clean Air 

Act. This action finalizes amendments 

to the national emission standards for 

hazardous air pollutants that include a 

requirement for 5-year repeat emissions 

testing for selected process equipment; 

revisions to provisions addressing 

periods of startup, shutdown and 

malfunction; a requirement for 

electronic reporting; additional test 

methods for measuring methanol 

emissions; and technical and editorial 

changes. The amendments are expected 

to ensure that control systems are 

properly maintained over time, ensure 

continuous compliance with standards 

and improve data accessibility; we 

estimate facilities nationwide will 

spend $2.1 million per year to comply. 

DATES: This final action is effective on 

September 11, 2012. The incorporation 

by reference of certain publications 

listed in this rule is approved by the 

Director of the Federal Register as of 

September 11, 2012. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–HQ–OAR–2007–0544. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

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 at 

the EPA Docket Center, EPA West 

Building, Room Number 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room hours of 

operation are 8:30 a.m. to 4:30 p.m. 

Eastern Standard Time, Monday 

through Friday. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the Air and Radiation Docket and 

Information Center is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this final action, contact 

Mr. John Bradfield, Office of Air Quality 

Planning and Standards, (E143–03), U.S. 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number: (919) 541– 

3062; fax number: (919) 541–3470; and 

email address: bradfield.john@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

specific information regarding the risk 

modeling methodology, contact Mr. 

James Hirtz, Health and Environmental 

Impacts Division (C539–02), Office of 


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