4534 Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Rules and Regulations 

Dated: January 7, 2011. 

J.C. Burton, 

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

Port, Morgan City, Louisiana. 

[FR Doc. 2011–1645 Filed 1–25–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0788; FRL–9256–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Adoption of Control 

Techniques Guidelines for Flat Wood 

Paneling Coatings 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a State 

Implementation Plan (SIP) revision 

submitted by the Maryland Department 

of the Environment (MDE). This SIP 

revision includes amendments to 

Maryland’s regulation for Volatile 

Organic Compounds from Specific 

Processes, and meets the requirement to 

adopt Reasonably Available Control 

Technology (RACT) for sources covered 

by EPA’s Control Techniques 

Guidelines (CTG) standards for flat 

wood paneling coatings. These 

amendments will reduce emissions of 

volatile organic compound (VOC) 

emissions from flat wood coating 

facilities. Therefore, this revision will 

help Maryland 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 March 

28, 2011 without further notice, unless 

EPA receives adverse written comment 

by February 25, 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–2010–0788, by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

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

C. Mail: EPA–R03–OAR–2010–0788, 

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– 

0788. 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 Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

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

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

SUPPLEMENTARY INFORMATION: On April 

23, 2010, MDE submitted to EPA SIP 

revision # 10–05 concerning the 

adoption of the EPA CTG for flat wood 

paneling coatings. 

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. 

The CTG for flat wood paneling 

coatings is intended to provide state and 

local air pollution control authorities 

information that should assist them in 

determining RACT for VOCs from flat 

wood paneling coating. In developing 

this CTG, EPA, among other things, 

evaluated the sources of VOC emissions 

from the flat wood paneling coating 

industry and the available control 

approaches for addressing these 

emissions, including the costs of such 

approaches. Based on available 

information and data, EPA provides 

recommendations for RACT for flat 

wood paneling coating. 

In June 1978, EPA published a final 

CTG for flat wood paneling coatings, 

entitled ‘‘Control of Volatile Organic 

Emissions from Existing Stationary 

Sources, Volume VII, Factory Surface 

Coating of Flat Wood Paneling,’’ EPA– 

450/2–78–034 (June 1978). In September 

1979, EPA published guidance to 

provide assistance to State and local air 

pollution control agencies in preparing 

RACT regulations for a variety of 

categories, including flat wood 

paneling. In 2003, EPA promulgated 

national emission standards for 

hazardous air pollutants (NESHAP) 

covering surface coating of wood 

building products (including flat wood 

paneling). See 68 FR 31746 (May 28, 

2003). 

Under section 183(e) of the CAA, EPA 

conducted a study of VOC emissions 

from the use of consumer and 

commercial products to assess their 

potential to contribute to levels of ozone 

that violate the NAAQS for ozone, and 

to establish criteria for regulating VOC 

emissions from these products. Section 

183(e) of the CAA directs EPA to list for 


Emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Rules and Regulations 4535 

regulation those categories of products 

that account for at least 80 percent of 

the VOC emissions, on a reactivityadjusted basis, from consumer and 

commercial products in areas that 

violate the NAAQS for ozone (i.e., ozone 

nonattainment areas), and to divide the 

list of categories to be regulated into 

four groups. 

EPA published the original list of 

product categories and the original 

schedule that established the four 

groups of categories in the Federal 

Register on March 23, 1995 (60 FR 

15264). Flexible package printing 

materials was included in that list. EPA 

noted in that notice that EPA may 

amend the list of products for 

regulation, and the groups of products 

for regulation, and the groups of product 

categories, in order to achieve an 

effective regulatory program in 

accordance with the Agency’s discretion 

under CAA section 183(e). EPA 

published a revised schedule and 

grouping on March 18, 1999 (64 FR 

13422). EPA again revised the list to 

regroup the product categories on 

November 17, 2005 (70 FR 69759). On 

May 16, 2006 (71 FR 28320), EPA 

modified the section 183(e) list and 

schedule for regulation by adding one 

category and removing one category of 

consumer and commercial products. 

Flat wood paneling coatings are 

included on the current section 

CAA183(e) list. 

Flat wood paneling products are used 

in construction and can be classified as 

three main product types: decorative 

interior panels, exterior siding, and 

tileboard. A typical flat wood coating 

facility applies stains and varnishes to 

natural plywood panels used for wall 

coverings. This CTG applies to facilities 

that apply flat wood paneling coatings 

that emit at least 6.8 kg/day (15 lb/day) 

of VOC before consideration of controls. 

Flat wood paneling coatings means 

wood paneling products that are any 

interior, exterior or tileboard (class I 

hardboard) panel to which a protective, 

decorative, or functional material or 

layer has been applied. There are 

several approaches to reducing VOC 

emissions from flat wood coating 

facilities: (1) The use of low-VOC, 

waterborne coatings, (2) the use of 

ultraviolet cure and electron beam cure 

coatings, (3) adding/improving add-on 

controls, and (4) the implementation of 

work practice standards. 

II. Summary of SIP Revision 

On April 23, 2010, Maryland 

Department of the Environment (MDE) 

submitted to EPA a SIP revision 

concerning the adoption of the EPA 

CTG for flat wood paneling coatings. 

EPA develops CTGs as guidance on 

control requirements for source 

categories. States can follow the CTGs or 

adopt more restrictive standards. MDE 

is adopting EPA’s CTG standards for flat 

wood paneling coatings (see EPA–450/ 

2–78–034, June 1978). This SIP revision 

includes amendments to a new 

regulation .33 under COMAR 26.11.19, 

Volatile Organic Compounds from 

Specific Processes. This action affects 

facilities that apply stains and varnishes 

to natural plywood panels used for wall 

coverings. 

New regulation COMAR 

26.11.19.33—Control of Volatile Organic 

Compounds (VOCs) Emissions from Flat 

Wood Paneling Coatings contains the 

following requirements and standards: 

(1) Section .33(A): Includes 

definitions for the following terms 

pertaining to flat wood paneling 

coatings: (1) ‘‘Class II finishes on 

hardboard panels,’’ ‘‘Exterior siding,’’ 

‘‘Flat wood paneling,’’ ‘‘Hardwood 

plywood,’’ ‘‘Natural finish hardwood 

plywood panels,’’ ‘‘Printed interior 

panels,’’ ‘‘Thin particleboard,’’ and 

‘‘Tileboard.’’ 

(2) Section .33(B): Incorporates by 

reference ANSI A135.5–2004, 

Prefinished Hardwood Paneling and 

ANSI A135.4–2004, Basic Hardboard. 

(3) Section .33(C): Describes the 

applicability of this regulation. 

(4) Section .33(D): Includes the 

requirements for flat wood paneling 

coating. Any person who applies flat 

wood paneling coatings, including inks 

and adhesives, where total precontrol 

VOC emissions from all flat wood 

paneling coating operations at a 

premises is 15 pounds or more per day 

(6.8 kg/day) shall meet the coating 

standards or overall control efficiency 

specified in Table 1. 

TABLE 1—RECOMMENDED EMISSION LIMITS FOR FLAT WOOD PANELING COATING OPERATIONS

Surface coatings, inks, or adhesives applied to the following 

flat wood paneling categories 

Should meet one of these emission limits: 

lb VOC per gallon 

material (grams 

VOC per liter material) [excluding 

water and exempt 

compounds] 

lb VOC per gallon 

solids (grams 

VOC per liter 

solids) 

Overall control 

efficiency using an 

add-on control 

device (%): 

Printed interior panels made of hardwood, plywood, or thin particleboard .............. 2.1 (250) 2.9 (350) 90 

Natural finish hardwood plywood panels ................................................................... 2.1 (250) 2.9 (350) 90

Class II finishes on hardboard panels ....................................................................... 2.1 (250) 2.9 (350) 90 

Tileboard .................................................................................................................... 2.1 (250) 2.9 (350) 90 

Exterior siding ............................................................................................................ 2.1 (250) 2.9 (350) 90 

III. Final Action 

Maryland’s April 23, 2010 SIP 

revision meets the CAA requirement to 

include RACT for sources covered by 

the EPA CTG for flat wood paneling 

coating. Therefore, EPA is approving the 

Maryland SIP revision that adopts the 

CTG standards for flat wood paneling 

coating. EPA is publishing this rule 

without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comment. However, in the Proposed 

Rules section of today’s Federal 

Register, EPA is publishing a separate 

document that will serve as the proposal 

to approve the SIP revision if adverse 

comments are filed. This rule will be 

effective on March 28, 2011 without 

further notice unless EPA receives 

adverse comment by February 25, 2011. 

If EPA receives adverse comment, EPA 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. EPA 

will address all public comments in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 


Emcdonald on DSK2BSOYB1PROD with RULES
4536 Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Rules and Regulations 

IV. 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 

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, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by March 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 

This action pertaining to Maryland’s 

adoption of the CTG standards for flat 

wood paneling coating may not be 

challenged later in proceedings to 

enforce its requirements. (See CAA 

section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: January 5, 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 part 52 

continues to read as follows: 

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

Subpart VB—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(c) is amended by adding an entry for 

COMAR 26.11.19.33 to read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(c)* * * 

EPA-APPROVED REGULATIONS IN THE MARYLAND SIP 

Code of Maryland 

administrative 

regulations 

(COMAR) citation 

Title/subject State effective date EPA approval date 

Additional 

explanation/ 

citation at 40 

CFR 52.1100 

*******

26.11.19 .............. Volatile Organic Compounds from Specific Processes 

*******

26.11.19.33 ......... Control of Volatile Organic Compounds (VOCs) from Flat 

wood Paneling Coatings.

4/19/10 1/26/11 [Insert page number 

where the document begins].

New Regulation. 

*******


Emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Rules and Regulations 4537 

* * * * * 

[FR Doc. 2011–1489 Filed 1–25–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0882; FRL–9255–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Adoption of the Revised Lead 

Standards and Related Reference 

Conditions, and Update of Appendices 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Commonwealth of Virginia State 

Implementation Plan (SIP). The 

revisions add the primary and 

secondary lead standards of 0.15 

micrograms per cubic meter (μg/m3), 

related reference conditions, and update 

the list of appendices under ‘‘Documents 

Incorporated by Reference.’’ Virginia’s 

SIP revisions for the national ambient 

air quality standards (NAAQS) for lead 

are consistent with the Federal lead 

standards. This action is being taken 

under the Clean Air Act (CAA). 

DATES: This rule is effective on March 

28, 2011 without further notice, unless 

EPA receives adverse written comment 

by February 25, 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–2010–0882 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

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

C. Mail: EPA–R03–OAR–2010–0882, 

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– 

0882. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

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 www.regulations.gov 

or e-mail. The www.regulations.gov 

website 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 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 

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 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 Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

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

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

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 27, 2010, the 

Commonwealth of Virginia submitted a 

formal revision to its SIP. The SIP 

revision consists of revisions pertaining 

to the ambient air quality standards for 

lead and related reference conditions. 

The CAA specifies that EPA must reevaluate the appropriateness of its 

various air quality standards every five 

years. As part of the process, EPA 

reviewed the latest research and 

determined that revised standards for 

lead were necessary to protect public 

health and welfare. EPA revised the 

level of the primary lead standard to a 

level of 0.15 micrograms per cubic 

meter (μg/m3) to provide increased 

protection for children and other ‘‘at 

risk’’ populations. The secondary 

standard was also revised to a level of 

0.15 μg/m3 to afford increased 

protection for the environment. EPA 

promulgated the more stringent primary 

and secondary NAAQS for lead on 

November 12, 2008 (73 FR 66964). 

II. Summary of SIP Revision 

On September 27, 2010, the 

Commonwealth of Virginia submitted a 

formal revision to its SIP. The SIP 

revision consists of an amendment 

which includes the revised primary and 

secondary ambient air quality standards 

for lead and related reference 

conditions. Virginia’s revision 

incorporates the Federal lead standards 

into the Code of Virginia (9VAC5 

Chapter 30). In addition, the list of 

appendices to 40 CFR Part 51 was 

updated under ‘‘Documents 

Incorporated by Reference’’ (9VAC5–20– 

21). 

The following are the specific sections 

that are being modified or amended: 

• 9VAC5–20–21: Documents 

Incorporated by Reference (modified) 

• 9VAC5–30–15: Reference 

Conditions (modified) 

• 9VAC5–30–80: Lead (amended) 

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 


Emcdonald on DSK2BSOYB1PROD with RULES