13510 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Proposed Rules 

1 ‘‘VOC Emissions Control Area’’ in Virginia is 

defined by 9VAC5–20–206 as certain control areas 

by geographic location. 

environmental assessment nor an 

environmental impact statement is 

required. 

V. Comments 

Interested persons may submit either 

electronic comments to http://

www.regulations.gov or written 

comments to the Division of Dockets 

Management (see ADDRESSES). It is only 

necessary to send one set of comments. 

Identify comments with the docket 

number found in brackets in the 

heading of this document. Received 

comments may be seen in the Division 

of Dockets Management between 9 a.m. 

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

will be posted to the docket at http://

www.regulations.gov. 

Dated: March 9, 2015. 

Leslie Kux, 

Associate Commissioner for Policy. 

[FR Doc. 2015–05937 Filed 3–13–15; 8:45 am] 

BILLING CODE 4164–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0816; FRL–9924–37– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Consumer and Commercial Products, 

and Mobile Equipment Repair and 

Refinishing Operations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Virginia. This 

revision consists of amendments to 

Virginia’s regulation for consumer and 

commercial products in order to apply 

provisions pertaining to portable fuel 

containers, consumer and commercial 

products, architectural and industrial 

maintenance coatings, adhesives, 

adhesive primers, sealants, and sealant 

primers to the Richmond volatile 

organic compound (VOC) Emissions 

Control Area. The revision also consists 

of amendments to Virginia’s regulation 

for existing stationary sources to apply 

provisions pertaining to mobile 

equipment repair and refinishing 

operations in the Richmond VOC 

Emissions Control Area. This action is 

being taken under the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before April 15, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2014–0816 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: powers.marilyn@epa.gov 

C. Mail: EPA–R03–OAR–2014–0816, 

Marilyn Powers, Acting Associate 

Director, Office of Air Program 

Planning, Mailcode 3AP30, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania. 

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–2014– 

0816. 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 email. The 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 email 

comment directly to EPA without going 

through www.regulations.gov, your 

email 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: 

Leslie Jones Doherty, (215) 814–3409 or 

by email at jones.leslie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 26, 2012 (77 FR 3928), 

EPA issued a final rulemaking notice 

(FRN) approving a new chapter, 9VAC5 

Chapter 45—Consumer and Commercial 

Products, for inclusion in the Virginia 

SIP in order to control VOC emissions 

from various consumer and commercial 

products within the Northern Virginia 

and Fredericksburg VOC Emissions 

Control Areas.1 On April 10, 2014, the 

Virginia Department of Environmental 

Quality (VADEQ) submitted a revision 

to the Virginia SIP. The SIP revision 

consists of amendments to 9VAC5 

Chapter 45 in order to apply provisions 

pertaining to certain types of consumer 

and commercial products to the 

Richmond VOC Emissions Control Area. 

On June 22, 2004 (69 FR 35253), EPA 

issued a direct final rulemaking 

approving a new article, Article 48 of 

9VAC5 Chapter 40—Existing Stationary 

Sources, for inclusion in the Virginia 

SIP which established emissions 

standards for mobile equipment repair 

and refinishing operations in the 

Northern Virginia VOC Emissions 

Control Area. This SIP revision consists 

of amendments to Article 48 of 9VAC5 

Chapter 40—Existing Stationary Sources 

to apply provisions pertaining to mobile 

equipment repair and refinishing 

operations in the Richmond VOC 

Emissions Control Area. 

II. Summary of SIP Revision 

The SIP revision consists of 

amendments to 9VAC5 Chapter 45— 

Consumer and Commercial Products in 

order to apply provisions pertaining to 

portable fuel containers, consumer and 

commercial products, architectural and 


Rmajette on DSK2VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Proposed Rules 13511 

industrial maintenance coatings, 

adhesives, adhesive primers, sealants, 

and sealant primers to the Richmond 

VOC Emissions Control Area. This 

revision also amends Article 48 of 

9VAC5 Chapter 40—Existing Stationary 

Sources to apply provisions pertaining 

to mobile equipment repair and 

refinishing operations in the Richmond 

VOC Emissions Control Area. Also, the 

SIP revision includes revised 

compliance dates for Chapters 40 and 45 

and retains in Chapter 45 a temporary 

exemption for the manufacture and 

distribution of single-ply roof membrane 

adhesives and sealants. 

9VAC5 Chapter 40, Article 48 extends 

the emissions standards for mobile 

equipment repair and refinishing 

operations to include the Richmond 

VOC Emissions Control Area. A 

compliance date of March 1, 2014 was 

established for the Richmond VOC 

Emissions Control Area under section 

9VAC5–40–7050—Compliance 

schedules. In addition, Subsection C of 

9VAC5–40–6970—Applicability and 

designation of affected facility has 

moved to a new section 9VAC5–40– 

6975—Exemptions which lists 

exemptions to Article 48. 

9VAC5 Chapter 45, Article 1— 

Emissions Standards for Portable Fuel 

Containers and Spouts Manufactured 

before August 1, 2010 and Article 2— 

Emissions Standards for Portable Fuel 

Containers and Spouts Manufactured on 

or after August 1, 2010 were amended 

in order to make administrative changes 

for clarity, style and format. Article 2 

was also amended to change the 

applicability and compliance schedules 

to include the Richmond VOC 

Emissions Control Area. August 1, 2010 

was retained as a compliance date for 

the Northern Virginia and 

Fredericksburg VOC Emissions Control 

Areas and a compliance date of March 

1, 2014 was added for the Richmond 

VOC Emissions Control Area. 

9VAC5 Chapter 45, Article 3— 

Emission Standards for Consumer 

Products Manufactured before August 1, 

2010 and Article 4—Emission Standards 

for Consumer Products Manufactured 

on or after August 1, 2010, were 

amended in order to make 

administrative changes for clarity, style 

and format. Article 4 was amended to 

apply provisions to the Richmond VOC 

Emissions Control Area. The 

compliance date of August 1, 2010 was 

retained for the Northern Virginia and 

Fredericksburg VOC Emissions Control 

Areas and a compliance date of March 

1, 2014 was added for the Richmond 

VOC Emissions Control Area. 

9VAC5 Chapter 45, Article 5— 

Emission Standards for Architectural 

and Industrial Maintenance Coatings 

and Article 6—Emission Standards for 

Adhesives and Sealants were both 

amended to apply provisions to the 

Richmond VOC Emissions Control Area. 

In Article 5, the compliance date of 

March 1, 2014 was added for the 

Richmond VOC Emission Control Area. 

In Article 6, the compliance date of 

August 1, 2010 was retained for the 

Northern Virginia and Fredericksburg 

VOC Emission Control Areas and the 

compliance date of March 1, 2014 was 

added for the Richmond VOC Emissions 

Control Area. In Article 6, a temporary 

exemption for single-ply roof membrane 

adhesive, sealant and primer was 

amended for the Northern Virginia and 

Fredericksburg VOC Emissions Control 

Areas to apply the standard during the 

ozone seasons between August 1, 2010 

and September 30, 2011 and on and 

after January 1, 2012. The temporary 

exemption was extended to the 

Richmond VOC Emission Control Area 

where the standard applies during the 

ozone season between March 1, 2014 

and September 30, 2014 and after 

January 1, 2015. Administrative changes 

were also made in Article 6 for clarity. 

III. Proposed Action 

EPA is proposing to approve the April 

10, 2014 Virginia SIP revision which 

extends provisions for the control of 

VOC emissions from certain types of 

consumer and commercial products and 

existing mobile equipment repair and 

refinishing operations to the Richmond 

VOC Emissions Control Area. EPA is 

soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. 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 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 


Rmajette on DSK2VPTVN1PROD with PROPOSALS
13512 Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Proposed Rules 

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. 

V. Incorporation by Reference 

In this proposed action, the EPA is 

proposing to include in a final EPA rule 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference the VADEQ 

Regulations described in the proposed 

amendments to 40 CFR part 52. The 

EPA has made, and will continue to 

make, these documents generally 

available electronically through 

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 

VI. Statutory and Executive Order 

Reviews 

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 proposed 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 proposed rule, 

pertaining to Virginia’s control of VOC 

emissions from commercial and 

consumer products and existing 

stationary sources, 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Volatile organic 

compounds. 

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

Dated: February 20, 2015. 

William C. Early, 

Acting, Regional Administrator, Region III. 

[FR Doc. 2015–05836 Filed 3–13–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0851; FRL–9923–06– 

Region 9] 

Revisions to the California State 

Implementation Plan, South Coast Air 

Quality Management District and 

Sacramento Metropolitan Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the South Coast Air Quality 

Management District (SCAQMD) and 

Sacramento Metropolitan Air Quality 

Management District (SMAQMD) 

portions of the California State 

Implementation Plan (SIP). These 

revisions concern particulate matter 

(PM) emissions from particulate matter 

air pollution control devices and 

residential wood burning. We are 

proposing to approve these local rules 

that regulate these emission sources 

under the Clean Air Act (CAA or the 

Act). 

DATES: Any comments on this proposal 

must arrive by April 15, 2015. 

ADDRESSES: Submit comments, 

identified by docket number EPA–09– 

OAR–2014, by one of the following 

methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. 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: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California 94105–3901. While all 

documents in the docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 


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