Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Rules and Regulations 46201 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0816; FRL–9931–29– 

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: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving 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. 

EPA is approving these revisions to the 

Virginia SIP in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective on 

September 3, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2014–0816. 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: 

Leslie Jones Doherty, (215) 814–3409 or 

by email at jones.leslie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 16, 2015 (80 FR 13510), 

EPA published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Virginia. In the NPR, 

EPA proposed approval of revisions to 

Virginia’s consumer and commercial 

products and mobile equipment repair 

and refinishing operations regulations. 

The formal SIP revision was submitted 

by the Commonwealth of Virginia on 

April 10, 2014. 

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 

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. 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 

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 

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46202 Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Rules and Regulations 

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 amendments to 

Virginia’s regulations for consumer and 

commercial products and mobile 

equipment repair and refinishing 

operations as a revision to the Virginia 

SIP. 

V. Incorporation by Reference 

In this rulemaking action, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

Virginia Department of Environmental 

Quality (VADEQ) Regulations described 

in amendments to 40 CFR part 52 set 

forth below. 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 

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 

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 5, 2015. 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 control of VOC 

emissions from commercial and 

consumer products and mobile 

equipment repair and refinishing 

operations 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, Ozone, Volatile organic 

compounds. 

Dated: July 9, 2015. 

William C. Early, 

Acting, Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for 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: 

■ A. In the entries for Chapter 40, Part 

II, Article 48, revise Sections 5–40–6970 

and 5–40–7050 and add 5–40–6975 in 

numerical order. 

■ B. In entries for Chapter 45, Part II, 

Article 1, revise Sections 5–45–70 and 

5–45–90; Article 2 Sections 5–45–160, 

5–45–170 and 5–45–240; Article 3 

Section 5–45–310; Article 4 Sections 5– 

45–400, 5–45–420, 5–45–430 and 5–45– 

480; Article 5 Sections 5–45–520, 5–45– 

530 and 5–45–580; and Article 6 

Sections 5–45–620, 5–45–630, 5–45–650 

and 5–45–700. 

The revisions and additions read as 

follows: 

§ 52.2420 Identification of plan. 

* * * * * 

(c) * * * 

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Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Rules and Regulations 46203 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

[former SIP citation] 

*******

9 VAC 5, Chapter 40 Existing Stationary Sources (Part IV) 

*******

Part II Emission Standards 

Article 48 Emission Standards for Mobile Equipment Repair and Refinishing (Rule 4–48) 

*******

5–40–6970 ..................... Applicability and designation of affected 

facility.

10/01/13 08/04/15 [Insert Federal Register 

citation].

Revision extends the applicability to 

include the Richmond VOC Emissions Control Area. 

*******

5–40–6975 ..................... Exemptions ................... 10/01/13 08/04/15 [Insert Federal Register 

citation].

Added. 

*******

5–40–7050 ..................... Compliance schedules .. 10/01/13 08/04/15 [Insert Federal Register 

citation].

Amended. 

*******

9 VAC 5, Chapter 45 Consumer and Commercial Products 

*******

Part II Emission Standards 

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

*******

5–45–70 ......................... Exemptions ................... 10/01/13 08/04/15 [Insert Federal Register 

citation].

Amended. 

*******

5–45–90 ......................... Standard for volatile organic compounds.10/01/13 08/04/15 ............................................ Amended. 

*******

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

5–45–160 ....................... Applicability ................... 10/01/13 08/04/15 [Insert Federal Register 

citation].

Revision extends the applicability to 

include the Richmond VOC Emissions Control Area. 

5–45–170 ....................... Exemptions ................... 10/01/13 08/04/15 [Insert Federal Register 

citation].

Amended. 

* * * * * * * 

5–45–240 ....................... Compliance schedules .. 10/01/13 08/04/15 [Insert Federal Register 

citation].

Amended. 

*******

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

*******

5–45–310 .......................

(Except for subsection B) 

Standard for volatile organic compounds.10/01/13 08/04/15 [Insert Federal Register 

citation].

Amended. 

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46204 Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Rules and Regulations 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

[former SIP citation] 

*******

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

5–45–400 ....................... Applicability ................... 10/01/13 08/04/15 [Insert Federal Register 

citation].

Revision extends the applicability to 

include the Richmond VOC Emissions Control Area. 

* * * * * * * 

5–45–420 ....................... Definitions ..................... 10/01/13 08/04/15 [Insert Federal Register 

citation].

Amended. 

5–45–430 .......................

(Except for subsection B) 

Standard for volatile organic compounds.10/01/13 08/04/15 [Insert FEDERAL REGISTER

citation].

Amended. 

* * * * * * * 

5–45–480 ....................... Compliance schedules .. 10/01/13 08/04/15 [Insert Federal Register 

citation].

Amended. 

* * * * * * * 

Article 5 Emission Standards For Architectural And Industrial Maintenance Coatings 

5–45–520 ....................... Applicability ................... 10/01/13 08/04/15 [Insert Federal Register 

citation].

Revision extends the applicability to 

include the Richmond VOC Emissions Control Area. 

5–45–530 ....................... Exemptions ................... 10/01/13 08/04/15 [Insert Federal Register 

citation].

Amended. 

* * * * * * * 

5–45–580 ....................... Compliance schedules .. 10/01/13 08/04/15 [Insert Federal Register 

citation].

Amended. 

*******

Article 6 Emission Standards For Adhesives And Sealants 

5–45–620 ....................... Applicability ................... 10/01/13 08/04/15 [Insert Federal Register 

citation].

Revision extends the applicability to 

include the Richmond VOC Emissions Control Area. 

5–45–630 ....................... Exemptions ................... 10/01/13 08/04/15 [Insert Federal Register 

citation].

Amended. 

* * * * * * * 

5–45–650 ....................... Standard for volatile organic compounds.10/01/13 08/04/15 [Insert Federal Register 

citation].

Amended. 

* * * * * * * 

5–45–700 ....................... Compliance schedules .. 10/01/13 08/04/15 [Insert Federal Register 

citation].

Amended. 

*******

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Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Rules and Regulations 46205 

* * * * * 

[FR Doc. 2015–18609 Filed 8–3–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 140214145–5582–02] 

RIN 0648–BD81 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coral, 

Coral Reefs, and Live/Hard Bottom 

Habitats of the South Atlantic Region; 

Amendment 8; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; correction. 

SUMMARY: NMFS published a final rule 

on July 17, 2015, to, in part, implement 

provisions that would expand a portion 

of the northern boundary of the Cape 

Lookout Lophelia Banks Deepwater 

Coral Habitat Area of Particular Concern 

(Cape Lookout CHAPC). The final rule 

included coordinates for only the 

expansion of the Cape Lookout CHAPC 

instead of the coordinates for the 

existing CHAPC plus the expanded area. 

This notification corrects the 

coordinates for the Cape Lookout 

CHAPC to encompass the existing 

CHAPC plus the expanded area. 

DATES: The correction is effective on 

August 17, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Karla Gore, 727–824–5305; email: 

karla.gore@noaa.gov. 

SUPPLEMENTARY INFORMATION: On July 

17, 2015, NMFS published a final rule 

in the Federal Register (80 FR 42423) to 

implement provisions for Amendment 8 

to the Fishery Management Plan for 

Coral, Coral Reefs, and Live/Hard 

Bottom Habitats of the South Atlantic 

Region (FMP) (Amendment 8), that 

expands portions of the northern and 

western boundaries of the Oculina Bank 

Habitat Area of Particular Concern 

(HAPC) and allows transit through the 

Oculina Bank HAPC by fishing vessels 

with rock shrimp onboard; modifies 

vessel monitoring systems (VMS) 

requirements for rock shrimp fishermen 

transiting through the Oculina Bank 

HAPC; expands a portion of the western 

boundary of the Stetson Reefs, 

Savannah and East Florida Lithotherms, 

and Miami Terrace Deepwater Coral 

HAPC (Stetson-Miami Terrace CHAPC), 

including modifications to shrimp 

access area 1; and expands a portion of 

the northern boundary of the Cape 

Lookout CHAPC. The purpose of the 

final rule is to increase protection for 

deepwater coral based on new 

information for deepwater coral 

resources in the South Atlantic. The 

final rule is effective August 17, 2015. 

Need for Correction 

After the final rule published, NMFS 

noticed that the coordinates that 

describe the CHAPC for ‘‘Cape Lookout 

Lophelia Banks’’ in § 622.224(c)(1)(i) set 

forth only the expanded CHAPC area of 

10 square miles (26 square km) and not 

the total area that encompasses both the 

existing CHAPC and the expanded area, 

which totals 326 square miles (844 

square km). Amendment 8 and the 

implementing proposed and final rules 

are clear that the CHAPC for Cape 

Lookout Lophelia Banks would consist 

of the existing area and the expanded 

area. NMFS publishes this notification 

to correct that mistake. 

Correction 

In the Federal Register of July 17, 

2015, in FR Doc. 2015–17617, on page 

42432, in the first column, the table in 

§ 622.224(c)(1)(i) is corrected to read as 

follows: 

Point North lat. West long. 

Origin ....... 34°24′37′′ 75°45′11′′ 

1 .............. 34°10′26′′ 75°58′44′′ 

2 .............. 34°05′47′′ 75°54′54′′ 

3 .............. 34°21′02′′ 75°41′25′′ 

4 .............. 34°23′28.998′′ 75°43′58.002′′ 

5 .............. 34°27′00′′ 75°41′45′′ 

6 .............. 34°27′54′′ 75°42′45′′ 

Origin ....... 34°24′37′′ 75°45′11′′ 

Authority: 16 U.S.C. 1801 et seq. 

Dated: July 28, 2015. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2015–19009 Filed 8–3–15; 8:45 am] 

BILLING CODE 3510–22–P 

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