3928 Federal Register / Vol. 77, No. 17 / Thursday, January 26, 2012 / Rules and Regulations 

approved as of November 23, 2011, and 

21 CFR 520.538 is amended to reflect 

the approval. 

A summary of safety and effectiveness 

data and information submitted to 

support approval of this application 

may be seen in the Division of Dockets 

Management (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, Rm. 

1061, Rockville, MD 20852, between 9 

a.m. and 4 p.m., Monday through 

Friday. 

Under section 512(c)(2)(F)(iii) of the 

Federal Food, Drug, and Cosmetic Act 

(21 U.S.C. 360b(c)(2)(F)(iii)), this 

supplemental approval qualifies for 3 

years of marketing exclusivity beginning 

on the date of approval. 

The Agency has determined under 21 

CFR 25.33 that this action is of a type 

that does not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, 

neither an environmental assessment 

nor an environmental impact statement 

is required. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’ 

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808. 

List of Subjects in 21 CFR Part 520 

Animal drugs. 

Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to 

the Center for Veterinary Medicine, 21 

CFR part 520 is amended as follows: 

PART 520—ORAL DOSAGE FORM 

NEW ANIMAL DRUGS 

■ 1. The authority citation for 21 CFR 

part 520 continues to read as follows: 

Authority: 21 U.S.C. 360b. 

■ 2. In § 520.538, revise paragraphs (a), 

(d)(1), and (d)(2) to read as follows: 

§ 520.538 Deracoxib. 

(a) Specifications. Each tablet 

contains 12, 25, 50, 75, or 100 

milligrams (mg) deracoxib. 

* * * * * 

(d) * * * 

(1) Amount. Administer orally as 

needed, as a single daily dose based on 

body weight: 

(i) 1 to 2 mg/kilogram (kg) (0.45 to 

0.91 mg/pound (lb)), for use as in 

paragraph (d)(2)(i) of this section. 

(ii) 1 to 2 mg/kg (0.45 to 0.91 mg/lb) 

for 3 days, for use as in paragraph 

(d)(2)(ii) of this section. 

(iii) 3 to 4 mg/kg (1.4 to 1.8 mg/lb) for 

up to 7 days, for use as in paragraph 

(d)(2)(iii) of this section. 

(2) Indications for use. (i) For the 

control of pain and inflammation 

associated with osteoarthritis. 

(ii) For the control of postoperative 

pain and inflammation associated with 

dental surgery. 

(iii) For the control of postoperative 

pain and inflammation associated with 

orthopedic surgery. 

* * * * * 

Dated: January 23, 2012. 

William T. Flynn, 

Acting Director, Center for Veterinary 

Medicine. 

[FR Doc. 2012–1622 Filed 1–25–12; 8:45 am] 

BILLING CODE 4160–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0730; FRL–9620–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Consumer and Commercial Products 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Virginia. The SIP revision adds a new 

chapter (9VAC5–45—Consumer and 

Commercial Products) in order to 

control volatile organic compounds 

(VOC) from portable fuel containers, 

consumer products, architectural and 

industrial (AIM) coatings, adhesives and 

sealants, and asphalt paving operations 

within the Northern Virginia and 

Fredericksburg VOC Emissions Control 

Areas. The SIP revision also includes 

new and revised documents 

incorporated by reference into the 

Virginia regulations (9VAC5–20–21— 

Documents Incorporated by Reference) 

in order to support the new and revised 

regulations. This action is being taken 

under the Clean Air Act (CAA). 

DATES: Effective Date: This final rule is 

effective on February 27, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0730. 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 

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: 

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

email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 8, 2011 (76 FR 69214), 

EPA published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Virginia. The NPR 

proposed approval of Virginia’s 

consumer and commercial products 

regulations. The formal SIP revision was 

submitted by the Commonwealth of 

Virginia on March 18, 2010. 

II. Summary of SIP Revision 

The SIP revision consists of the 

following: (1) Amendments to Chapter 

9VAC5–20–21—Documents 

Incorporated by Reference, in order to 

make administrative changes for clarity, 

style, format, renumbering, and 

incorporate by reference into the 

Virginia regulations the new and revised 

regulations; (2) adds a new chapter, 

9VAC5–45—Consumer and Commercial 

Products (Chapter 45) for regulations 

pertaining to consumer and commercial 

products; (3) adds special provisions in 

Chapter 45 that specify monitoring, 

compliance, notification, general 

testing, recordkeeping and reporting 

requirements; (4) establishes standards 

for portable fuel containers for products 

manufactured before and after August 1, 

2010; (5) establishes standards for 

consumer products for products 

manufactured before and after August 1, 

2010; (6) establishes standards for 

architectural and industrial 

maintenance coatings; (7) establishes 

standards for adhesives and sealants; 

and (8) establishes standards for asphalt 

paving operations. These SIP revisions 

contain the required elements for a 

federally enforceable rule: emission 

limitations, compliance procedures and 

test methods, compliance dates and 

record keeping provisions. The 

Commonwealth of Virginia has adopted 

the standards and requirements of the 

consumer and commercial products 

regulations as recommended by the 

Ozone Transport Commission model 

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Federal Register / Vol. 77, No. 17 / Thursday, January 26, 2012 / Rules and Regulations 3929 

rule. Other specific requirements and 

the rationale for EPA’s proposed action 

are explained in the NPR and will not 

be restated here. No public comments 

were received on the NPR. 

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 

CAA is likewise unaffected by this, or 

any, state audit privilege or immunity 

law. 

IV. Final Action 

EPA is approving the consumer and 

commercial products regulations as a 

revision to the Virginia SIP. This SIP 

revision will control emissions of VOCs, 

which will reduce the formation of 

ozone, and thereby protect public health 

and welfare. 

V. 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 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, 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 

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3930 Federal Register / Vol. 77, No. 17 / Thursday, January 26, 2012 / Rules and Regulations 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 26, 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 

pertaining to Virginia’s consumer and 

commercial products regulations, 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: January 4, 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 adding a new Chapter 

45 in numerical order and the table in 

paragraph (e) is amended by adding an 

entry for Documents Incorporated by 

Reference to the end of the table. 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] 

*******

9VAC5, Chapter 45 Consumer and Commercial Products (applicable to the Northern Virginia and Fredericksburg VOC Emissions 

Control Areas) 

Part I Special Provisions 

5–45–10 ....................... Applicability ........................................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–20 ....................... Compliance ........................................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–30 ....................... Emission testing ................................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–40 ....................... Monitoring ............................................. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–50 ....................... Notification, records and reporting ....... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

Part II Emission Standards 

Article 1 Emission Standards For Portable Fuel Containers And Spouts Manufactured Before August 1, 2010 

5–45–60 ....................... Applicability ........................................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–70 ....................... Exemptions ........................................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–80 ....................... Definitions ............................................. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–90 ....................... Standard for volatile organic compounds.3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–100 ..................... Administrative requirements ................. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–110 ..................... Compliance ........................................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–120 ..................... Compliance schedules ......................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–130 ..................... Test methods and procedures ............. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–140 ..................... Monitoring ............................................. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–150 ..................... Notification, records and reporting ....... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

Article 2 Emission Standards For Portable Fuel Containers And Spouts Manufactured On Or After August 1, 2010 

5–45–160 ..................... Applicability ........................................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

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Federal Register / Vol. 77, No. 17 / Thursday, January 26, 2012 / Rules and Regulations 3931 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

[former SIP citation] 

5–45–170 ..................... Exemptions ........................................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–180 ..................... Definitions ............................................. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–190 ..................... Standard for volatile organic compounds.3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–200 ..................... Certification procedures ........................ 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–210 ..................... Innovative products .............................. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–220 ..................... Administrative requirements ................. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–230 ..................... Compliance ........................................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–240 ..................... Compliance schedules ......................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–250 ..................... Test methods and procedures ............. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–260 ..................... Monitoring ............................................. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–270 ..................... Notification, records and reporting ....... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

Article 3 Emission Standards For Consumer Products Manufactured Before August 1, 2010 

5–45–280 ..................... Applicability ........................................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–290 ..................... Exemptions ........................................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–300 ..................... Definitions ............................................. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–310 (Except subsection B).Standard for volatile organic compounds.3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–320 ..................... Alternative control plan (ACP) for consumer products.3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–330 ..................... Innovative products .............................. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–340 ..................... Administrative requirements ................. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–350 ..................... Compliance ........................................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–360 ..................... Compliance schedules ......................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–370 ..................... Test methods and procedures ............. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–380 ..................... Monitoring ............................................. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–390 ..................... Notification, records and reporting ....... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

Article 4 Emission Standards For Consumer Products Manufactured On or After August 1, 2010 

5–45–400 ..................... Applicability ........................................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–410 ..................... Exemptions ........................................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–420 ..................... Definitions ............................................. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–430 (Except subsection B).Standard for volatile organic compounds.3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–440 ..................... Alternative control plan (ACP) for consumer products.3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–450 ..................... Innovative products .............................. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–460 ..................... Administrative requirements ................. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–470 ..................... Compliance ........................................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–480 ..................... Compliance schedules ......................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

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3932 Federal Register / Vol. 77, No. 17 / Thursday, January 26, 2012 / Rules and Regulations 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

[former SIP citation] 

5–45–490 ..................... Test methods and procedures ............. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–500 ..................... Monitoring ............................................. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–510 ..................... Notification, records and reporting ....... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

Article 5 Emission Standards For Architectural And Industrial Maintenance Coatings 

5–45–520 ..................... Applicability ........................................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–530 ..................... Exemptions ........................................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–540 ..................... Definitions ............................................. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–550 ..................... Standard for volatile organic compounds.3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–560 ..................... Administrative requirements ................. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–570 ..................... Compliance ........................................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–580 ..................... Compliance schedules ......................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–590 ..................... Test methods and procedures ............. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–600 ..................... Monitoring ............................................. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–610 ..................... Notification, records and reporting ....... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

Article 6 Emission Standards For Adhesives And Sealants 

5–45–620 ..................... Applicability ........................................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–630 ..................... Exemptions ........................................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–640 ..................... Definitions ............................................. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–650 ..................... Standard for volatile organic compounds.3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–660 ..................... Control technology guidelines .............. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–670 ..................... Standard for visible emissions ............. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–680 ..................... Administrative requirements ................. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–690 ..................... Compliance ........................................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–700 ..................... Compliance schedules ......................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–710 ..................... Test methods and procedures ............. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–720 ..................... Monitoring ............................................. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–730 ..................... Notification, records and reporting ....... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–740 ..................... Registration ........................................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–750 ..................... Facility and control equipment maintenance or malfunction.3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

Article 7 Emission Standards For Asphalt Paving Operations 

5–45–760 ..................... Applicability ........................................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–770 ..................... Definitions ............................................. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–780 ..................... Standard for volatile organic compounds.3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

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Federal Register / Vol. 77, No. 17 / Thursday, January 26, 2012 / Rules and Regulations 3933 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

[former SIP citation] 

5–45–790 ..................... Standard for visible emissions ............. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–800 ..................... Standard for fugitive dust/emissions .... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–820 ..................... Compliance ........................................... 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–830 ..................... Test methods and procedures ............. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–840 ..................... Monitoring ............................................. 3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

5–45–850 ..................... Notification, records and .......................

reporting ................................................

3/17/10 1/26/2012 [Insert page number where 

the document begins].

Added. 

*******

* * * * * (e) * * * 

Name of non-regulatory SIP 

revision Applicable geographic area 

State 

submittal 

date 

EPA approval date Additional explanation 

*******

Documents Incorporated by Reference (9 VAC 5–20–21, Sections E.1.a.(2), (16)–(19), 

E.2.a.(3), E.2.b., E.4.a.(23)– 

(27), E.11.a.(4)–6), E.12.a.(3), 

(5) and (9)–(11)).

Northern Virginia and Fredericksburg VOC Emissions Control 

Areas.

3/17/10 1/26/2012 [Insert page number 

where the document begins].

Added section. 

[FR Doc. 2012–1339 Filed 1–25–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2008–0637; FRL–9622–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Oklahoma; Infrastructure 

Requirements for 1997 8-Hour Ozone 

and the 1997 and 2006 PM2.5 NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving submittals 

from the State of Oklahoma pursuant to 

the Clean Air Act (CAA or the Act) that 

address the infrastructure elements 

specified in the CAA, necessary to 

implement, maintain, and enforce the 

1997 8-hour ozone and the 1997 and 

2006 fine particulate matter (PM2.5) 

national ambient air quality standards 

(NAAQS or standards). This action is 

being taken under the CAA. 

DATES: This final rule is effective on 

February 27, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R06–OAR– 

2008–0637. All documents in the docket 

are listed at www.regulations.gov. 

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 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 Freedom of 

Information Act (FOIA) Review Room 

between the hours of 8:30 a.m. and 4:30 

p.m. weekdays except for legal holidays. 

Contact the person listed in the FOR

FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

(214) 665–7253 to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The state submittal is also available 

for public inspection during official 

business hours, by appointment, at the 

Oklahoma Department of Environmental 

Quality, 707 North Robinson, P.O. Box 

1677, Oklahoma City, Oklahoma 73101– 

1677. 

FOR FURTHER INFORMATION CONTACT: 

Terry Johnson, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–2154; fax number 

(214) 665–7263; email address: 

johnson.terry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

The background for today’s action is 

discussed in detail in our November 16, 

2011, proposal (76 FR 70940). In that 

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