Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations 52275 

planned by another agency; (3) 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. 

The economic, interagency, 

budgetary, legal, and policy 

implications of this final rule have been 

examined and it has been determined 

not to be a significant regulatory action 

under Executive Order 12866. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in 

expenditure by State, local, or Tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

given year. This final rule would have 

no such effect on State, local, or Tribal 

governments, or on the private sector. 

Paperwork Reduction Act 

This document contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act (44 

U.S.C. 3501–3520). 

Regulatory Flexibility Act 

The initial and final regulatory 

flexibility analyses requirements of 

section 603 and 604 of the Regulatory 

Flexibility Act, 5 U.S.C. 601–612, are 

not applicable to this rule because a 

notice of proposed rulemaking is not 

required for this rule. Even so, the 

Secretary of Veterans Affairs hereby 

certifies that this final rule will not have 

a significant economic impact on a 

substantial number of small entities as 

they are defined in the Regulatory 

Flexibility Act. The State homes 

referenced in this final rule are State 

government entities under the control of 

State governments. All State homes are 

owned, operated and managed by State 

governments except for a small number 

that are operated by entities under 

contract with State governments. These 

contractors are not small entities. 

Therefore, this final rule is also exempt, 

pursuant to 5 U.S.C. 605(b), from the 

initial and final regulatory flexibility 

analysis requirements of sections 603 

and 604. 

Catalog of Federal Domestic Assistance 

Numbers 

The Catalog of Federal Domestic 

Assistance numbers and titles are 

64.005, Grants to States for Construction 

of State Home Facilities; 64.009, 

Veterans Medical Care Benefits; 64.010, 

Veterans Nursing Home Care; 64.015, 

Veterans State Nursing Home Care; 

64.018, Sharing Specialized Medical 

Resources; 64.019. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. John 

R. Gingrich, Chief of Staff, Department 

of Veterans Affairs, approved this 

document on July 7, 2011, for 

publication. 

List of Subjects in 38 CFR Part 51 

Administrative practice and 

procedure, Claims, Government 

contracts, Grant programs-health, Grant 

programs-veterans, Health care, Health 

facilities, Health professions, Health 

records, Mental health programs, 

Nursing homes, Reporting and 

recordkeeping requirements, Travel and 

transportation expenses, Veterans. 

Dated: August 16, 2011. 

Robert C. McFetridge, 

Director of Regulation Policy and 

Management, Office of the General Counsel, 

Department of Veterans Affairs. 

For the reasons stated in the 

preamble, VA amends 38 CFR part 51 as 

follows: 

PART 51—PER DIEM FOR NURSING 

HOME CARE OF VETERANS IN STATE 

HOMES 

■ 1. The authority citation for part 51 

continues to read as follows: 

Authority: 38 U.S.C. 101, 501, 1710, 1741– 

1743, 1745. 

■ 2. Amend § 51.210 by: 

■ a. In paragraph (d), removing ‘‘or 

parents all of whose children died while 

serving in the armed forces’’ and 

adding, in its place, ‘‘, or parents any of 

whose children died while serving in 

the Armed Forces’’. 

■ b. Revising the authority citation at 

the end of the section. 

The revision reads as follows: 

§ 51.210 Administration. 

* * * * * 

(Authority: 38 U.S.C. 101, 501, 1710, 1741– 

1743, 8135; Pub. L. 111–246) 

[FR Doc. 2011–21292 Filed 8–19–11; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0195; FRL–9453–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Revisions to Clean Air Interstate Rule 

Emissions Trading Program 

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 revision, which amends 

the Virginia Clean Air Interstate Rule 

(CAIR) trading program, is comprised of 

technical corrections and revisions to 

the definition of a cogeneration unit to 

ensure the Commonwealth’s CAIR 

trading program is consistent with 

federal CAIR requirements. This action 

is being taken under the Clean Air Act 

(CAA). 

DATES: Effective Date: This final rule is 

effective on September 21, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0195. 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: 

Marilyn Powers, (215) 814–2308, or by 

e-mail at powers.marilyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

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

EPA. On September 27, 2010, the 

Commonwealth of Virginia Department 

of Environmental Quality (VADEQ) 

submitted a revision to its SIP, 

including technical corrections and 

revisions to the definition of a 

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52276 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations 

cogeneration unit to ensure the 

Commonwealth’s CAIR trading program 

is consistent with Federal CAIR 

requirements. 

I. Background 

EPA approved Virginia’s CAIR trading 

program on December 28, 2007 (72 FR 

73602). In the notice of proposed 

rulemaking (NPR) for Virginia’s CAIR 

trading program (72 FR 54385, 

September 25, 2007), EPA noted that it 

believed that Virginia clearly intended 

to replace the CAIR Federal 

Implementation Plan (FIP) with a State 

plan based on the CAIR model rule that 

would allow subject sources to 

participate in the EPA-administered 

regional CAIR trading program. 

However, EPA also noted that there 

were some provisions of Virginia CAIR 

regulations 9 VAC 5 Chapter 140, Parts 

II, III, and IV that could be interpreted 

in a way that might be inconsistent with 

the Commonwealth’s intent. EPA 

determined that VADEQ’s 

interpretations of these provisions, 

provided in its letter dated September 

12, 2007, clarified the language of the 

Virginia regulations and were consistent 

with having the EPA-administered CAIR 

trading program become effective in 

Virginia. However EPA recommended, 

and VADEQ agreed to, promulgation of 

clarifying amendments to these 

provisions at the Commonwealth of 

Virginia’s earliest opportunity. 

Also, in a rulemaking dated October 

19, 2007 (72 FR 59190), EPA changed 

the definition of ‘‘cogeneration unit’’ in 

CAIR, the CAIR model cap and trade 

rule, and the CAIR FIP with respect to 

the calculation methodology for the 

efficiency standard of a cogeneration 

unit, therefore Virginia was required to 

modify its CAIR SIP to be consistent 

with the revised Federal definition. 

II. Summary of SIP Revision 

On September 27, 2010, VADEQ 

submitted a SIP revision that amended 

Virginia’s CAIR regulations. The SIP 

revision incorporates the clarifying 

revisions specified in the September 25, 

2007 NPR proposing approval of 

Virginia’s CAIR regulations and the 

changes to the definition of 

‘‘cogeneration unit’’ made in EPA’s 

revised CAIR rulemaking dated October 

19, 2007. On May 26, 2011 (76 FR 

30600), the NPR was published for 

public comment. 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 

Arequired 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 Virginia CAIR 

revisions submitted on September 27, 

2010 as a revision to the Virginia SIP. 

The revisions are consistent with CAIR 

requirements. 

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 

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Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations 52277 

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 

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 October 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. This action 

approving revisions to Virginia’s CAIR 

trading program 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 

recordkeeping requirements, Sulfur 

oxides. 

Dated: August 3, 2011. 

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 Chapter 140, Sections 5–140–1010, 

5–140–1020, 5–140–1060, 5–140–2010, 

5–140–2020, 5–140–3010, and 5–140– 

3020 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] 

*******

9 VAC 5, Chapter 140 Regulation for Emissions Trading 

*******

Part II NOX Annual Trading Program 

Article 1 CAIR NOX Annual Trading Program General Provisions 

5–140–1010 ....................... Purpose and Authority ...... 3/18/09 8/22/11 [Insert page number where the document begins] 

5–140–1020 ....................... Definitions .......................... 3/18/09 8/22/11 [Insert page number where the document begins] 

* * * * * * * 

5–140–1060 ....................... Standard Requirements .... 3/18/09 8/22/11 [Insert page number where the document begins] 

* * * * * * * 

Part III NOX Ozone Season Trading Program 

Article 1 CAIR NOX Ozone Season Trading Program General Provisions. 

5–140–2010 ....................... Purpose and Authority ...... 3/18/09 8/22/11 [Insert page number where the document begins] 

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52278 Federal Register / Vol. 76, No. 162 / Monday, August 22, 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] 

5–140–2020 ....................... Definitions .......................... 3/18/09 8/22/11 [Insert page number where the document begins] 

* * * * * * * 

Part IV SO2 Annual Trading Program 

Article 1 CAIR SO2 Trading Program General Provisions 

5–140–3010 ....................... Purpose and Authority ...... 3/18/09 8/22/11 [Insert page number where the document begins] 

5–140–3020 ....................... Definitions .......................... 3/18/09 8/22/11 [Insert page number where the document begins] 

* * * * * * * 

* * * * * 

[FR Doc. 2011–21267 Filed 8–19–11; 8:45 am] 

BILLING CODE 6560–50–P 

EVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[MD203–3119; FRL–9454–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Update to Materials 

Incorporated by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; administrative 

change. 

SUMMARY: EPA is updating the materials 

submitted by Maryland that are 

incorporated by reference (IBR) into the 

Maryland State Implementation Plan 

(SIP). The regulations affected by this 

update have been previously submitted 

by the Maryland Department of the 

Environment (MDE) and approved by 

EPA. This update affects the SIP 

materials that are available for public 

inspection at the National Archives and 

Records Administration (NARA), the 

Air and Radiation Docket and 

Information Center located at EPA 

Headquarters in Washington, DC, and 

the EPA Regional Office. 

DATES: Effective Date: This action is 

effective August 22, 2011. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103; the 

Air and Radiation Docket and 

Information Center, U.S. Environmental 

Protection Agency, 1301 Constitution 

Avenue, N.W., Room Number 3334, 

EPA West Building, Washington, DC 

20460; or the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

FOR FURTHER INFORMATION CONTACT: 

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

by e-mail at frankford.harold@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The SIP is a living document which 

the State revises as necessary to address 

its unique air pollution problems. 

Therefore, EPA, from time to time, must 

take action on SIP revisions containing 

new and/or revised regulations as being 

part of the SIP. On May 22, 1997 (62 FR 

27968), EPA revised the procedures for 

incorporating by reference Federallyapproved SIPs, as a result of 

consultations between EPA and the 

Office of the Federal Register (OFR). The 

description of the revised SIP 

document, IBR procedures and 

‘‘Identification of plan’’ format are 

discussed in further detail in the May 

22, 1997 Federal Register document. On 

November 1, 2004 (69 FR 69304), EPA 

published a document in the Federal 

Register beginning the new IBR 

procedure for Maryland. On February 2, 

2006 (71 FR 5607), May 18, 2007 (72 FR 

27957), March 11, 2008 (73 FR 12895), 

and March 19, 2009 (74 FR 11647), EPA 

published updates to the IBR material 

for Maryland. 

Since the publication of the last IBR 

update, EPA has approved the following 

regulatory changes to the following 

Maryland regulations: 

A. Added Regulations 

1. COMAR 26.11.10 (Control of Iron 

and Steel Production Installations), 

regulation .05—1 (Control of Carbon 

Monoxide Emissions from Basic Oxygen 

Furnaces). 

2. COMAR 26.11.19 (Volatile Organic 

Compounds from Specific Processes), 

regulations .09–1 (Control of VOC 

Emissions from Industrial Solvent 

Cleaning Operations Other Than Cold 

and Vapor Degreasing), .10–1 (Flexible 

Packaging Printing), and .33 (Control of 

Volatile Organic Compounds (VOCs) 

from Flat wood Paneling Coatings). 

3. COMAR 26.11.28 (Clean Air 

Interstate Rule)—all regulations (.01 

through .08). 

B. Revised Regulations 

1. COMAR 26.11.01.01 (General 

Administrative Provisions— 

Definitions), section .01B(17) (definition 

of ‘‘fuel burning equipment’’). 

2. COMAR 26.11.09 (Control of Fuel 

Burning Equipment, Stationary Internal 

Combustion Engines, and Certain FuelBurning Installations), regulation .01B 

(removal of the definition of ‘‘fuel 

burning equipment’’). 

3. COMAR 26.11.19 (Volatile Organic 

Compounds from Specific Processes), 

regulations .06 (Large Appliance 

Coating), .07 (Paper, Fabric, Film, Foil, 

Vinyl, and Other Plastic Parts Coating), 

and .10 (Flexographic and Rotogravure 

Printing). 

C. Removed Regulations 

COMAR 26.11.10 (Control of Iron and 

Steel Production Installations), 

Regulation .06[2] (Carbon Monoxide). 

II. EPA Action 

In this action, EPA is doing the 

following: 

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