[Federal Register: December 5, 2007 (Volume 72, Number 233)]
[Rules and Regulations]
[Page 68511-68515]
[DOCID:fr05de07-14]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-0479; FRL-8500-9]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Amendments Extending the Applicability of Four Consumer and
Commercial Product Regulations to the Fredericksburg Volatile Organic
Compound (VOC) Emissions Control Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Virginia. This revision consists of
amendments to extend the geographic applicability of four consumer and
commercial product regulations--Portable Fuel Container Spillage,
Mobile Equipment Repair and Refinishing Operations, Architectural and
Industrial Maintenance Coatings, and Consumer Products--to the
Fredericksburg VOC Emissions Control Area. These amendments are
necessary to implement VOC contingency measures within the
Fredericksburg Area. The revision also incorporates by reference two
additional test methods and procedures needed for Virginia's
Architectural and Industrial Maintenance Coatings Rule. EPA is
approving this revision to the Virginia SIP in accordance with the
requirements of the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on January 4, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0479. 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: Ellen Wentworth,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On September 12, 2007 (72 FR 52028), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Virginia. The NPR
proposed the approval of amendments extending the geographic
applicability of four consumer and commercial product regulations to
the Fredericksburg VOC Emissions Control Area. The formal SIP revision
was submitted by the Commonwealth of Virginia on May 14, 2007.

II. Summary of the SIP Revision

    The May 14, 2007 SIP revision contained regulation amendments to 9
VAC 5 Chapter 40 that extended the geographic applicability of four
consumer and commercial product regulations--Portable Fuel Container
Spillage, Mobile Equipment Repair and Refinishing, Architectural and
Industrial Maintenance Coatings, and Consumer Products--into the new
Fredericksburg VOC Emissions Control Area established in 9 VAC 5-20-206
(March 2, 2007, 72 FR 9441). These regulations had formerly applied
only in the Northern Virginia VOC Emissions Control Area, and were
based on the Ozone Transport Commission (OTC) model rules. The OTC
developed control measures into model rules for a

number of source categories and estimated emission reduction benefits
from implementing those model rules. These regulations are necessary to
implement VOC contingency measures within the Fredericksburg VOC
Emissions Control Area. The revision also adds six additional specialty
coatings to the Architectural and Industrial Maintenance Coatings
regulation. Other specific requirements of Virginia's SIP revision and
the rationale for EPA's proposed action are explained in the NPR and
will not be restated here. No public comments were received on the NPR.

III. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information (1) that are generated or developed
before the commencement of a voluntary environmental assessment; (2)
that are prepared independently of the assessment process; (3) that
demonstrate a clear, imminent and substantial danger to the public
health or environment; or (4) that are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts* * * * .'' The opinion
concludes that ``[r]egarding Sec.  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 Clean Air Act is likewise
unaffected by this, or any, state audit privilege or immunity law.

IV. Final Action

    EPA is approving a revision to the Commonwealth of Virginia SIP,
extending the geographic applicability of four consumer and commercial
product regulations--Portable Fuel Container Spillage, Mobile Equipment
Repair and Refinishing Operations, Architectural and Industrial
Maintenance Coatings, and Consumer Products--to the Fredericksburg VOC
Emissions Control Area. EPA is also approving the incorporation by
reference of two additional test methods and procedures needed for
Virginia's architectural and Industrial Maintenance Coatings Rule.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the CAA. This rule also is
not subject to Executive Order 13045 ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it approves a state rule implementing a Federal
standard.

    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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 rule 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. This rule 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 February 4, 2008. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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, expanding the geographic applicability of four consumer
and commercial product regulations to the Fredericksburg VOC Emissions
Control Area, may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: November 20, 2007.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
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

0
2. In Sec.  52.2420, the table in paragraph (c) is amended by revising
the entries for Chapter 40, Part II, Sections 5-40-5700, 5-40-5720, 5-
40-5750, 5-40-6970, 5-40-7050, 5-40-7120, 5-40-7130, 5-40-7140, 5-40-
7210, 5-40-7240, 5-40-7250, 5-40-7260, 5-40-7270, 5-40-7300, 5-40-7330,
and 5-40-7360. The table in paragraph (e) is amended by adding an entry
for Documents Incorporated by Reference after the eighth existing entry
for Documents Incorporated by Reference. The amendments read as
follows:

Sec.  52.2420   Identification of plan.

* * * * *
    (c) * * *

                                 EPA-Approved Virginia Regulations and Statutes
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                                                         State                              Explanation [former
  State citation (9 VAC 5)       Title/subject      effective date    EPA approval date        SIP citation]
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
                                Chapter 40 Existing Stationary Sources (Part IV)
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----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
                                           Part II Emissions Standards
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
                             Article 42 Portable Fuel Container Spillage (Rule 4-42)
----------------------------------------------------------------------------------------------------------------
5-40-5700..................  Applicability and            10/04/06  12/05/07 [Insert page  Revision extends the
                              designation of                         number where the       applicability to
                              affected facility.                     document begins].      include the
                                                                                Fredericksburg VOC
                                                                                Emissions Control
                                                                                Area.

                                                  * * * * * * *
5-40-5720..................  Standard for volatile        10/04/06  12/05/07 [Insert page
                              organic compounds.                     number where the
                                                                     document begins].

                                                  * * * * * * *
5-40-5750..................  Compliance schedules.        10/04/06  12/05/07 [Insert page
                                                                     number where the
                                                                     document begins].

----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
                    Article 48 Mobile Equipment Repair and Refinishing Operations (Rule 4-48)
----------------------------------------------------------------------------------------------------------------
5-40-6970..................  Applicability and            10/04/06  12/05/07 [Insert page  Revision extends the
                              designation of                         number where the       applicability to
                              affected facility.                     document begins].      include the
                                                                                Fredericksburg VOC
                                                                                Emissions Control
                                                                                Area

                                                  * * * * * * *
5-40-7050..................  Compliance schedule..        10/04/06  12/05/07 [Insert page
                                                                     number where the
                                                                     document begins].
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
                    Article 49 Architectural and Industrial Maintenance Coatings (Rule 4-49)
----------------------------------------------------------------------------------------------------------------
5-40-7120..................  Applicability and            10/04/06  12/05/07 [Insert page  Revision extends the
                              designation of                         number where the       applicability to
                              affected facility.                     document begins].      include the
                                                                                Fredericksburg VOC
                                                                                Emissions Control
                                                                                Area.
5-40-7130..................  Definitions..........        10/04/06  12/05/07 [Insert page  Revision adds
                                                                     number where the       definitions for the
                                                                     document begins].      following: ASTM,
                                                                                Calcimine
                                                                                recoater,Concrete
                                                                                surface retarder,
                                                                                Conversion varnish,
                                                                                Impacted immersion
                                                                                coating, Nuclear
                                                                                coatings, and
                                                                                Thermoplasftic
                                                                                rubber coating and
                                                                                mastic.
5-40-7140..................  Standard for volatile        10/04/06  12/05/07 [Insert page  Revision adds
                              organic compounds.                     number where the       standards for the
                                                                     document begins].      following
                                                                                categories:
                                                                                Calcimine recoaters,
                                                                                Conversion
                                                                                varnishes, Concrete
                                                                                surface retarder,
                                                                                Impacted immersion
                                                                                coatings, Nuclear
                                                                                coatings, and
                                                                                Thermoplastic rubber
                                                                                coating and mastic.

                                                  * * * * * * *
5-40-7210..................  Compliance schedules.        10/04/06  12/05/07 [Insert page
                                                                     number where the
                                                                     document begins].

----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
                                    Article 50 Consumer Products (Rule 4-50)
----------------------------------------------------------------------------------------------------------------
5-40-7240..................  Applicability........        10/04/06  12/05/07 [Insert page  Revision extends the
                                                                     number where the       applicability to
                                                                     document begins].      include the
                                                                                Fredericksburg VOC
                                                                                Emissions Control
                                                                                Area.
5-40-7250..................  Exemptions...........        10/04/06  12/05/07 [Insert page
                                                                     number where the
                                                                     document begins].
5-40-7260..................  Definitions..........        10/04/06  12/05/07 [Insert page
                                                                     number where the
                                                                     document begins].
5-40-7270..................  Standard for volatile        10/04/06  12/05/07 [Insert page
                              organic compounds.                     number where the
                                                                     document begins].

                                                  * * * * * * *
5-40-7300..................  Administrative               10/04/06  12/05/07 [Insert page
                              requirements.                          number where the
                                                                     document begins].

                                                  * * * * * * *
5-40-7330..................  Compliance schedules.        10/04/06  12/05/07 [Insert page
                                                                     number where the
                                                                     document begins].

                                                  * * * * * * *
5-40-7360..................  Notification, records        10/04/06  12/05/07 [Insert page
                              and reporting.                         number where the
                                                                     document begins].
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    (e) * * *
* * * * *

----------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Documents Incorporated by          Fredericksburg VOC         05/14/07  12/05/07 [Insert     State effective
 Reference (9 VAC 5-20-21,          Emissions Control                    page number where    date is 10/04/06.
 Paragraphs E.4.a. (21) and         Area Designated in                   the document
 (22))..                            9 VAC 5-20-206.                      begins].

                                                  * * * * * * *
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[FR Doc. E7-23386 Filed 12-4-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Notices]
[Page 69301]
[FR Doc No: 2011-28901]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 17f-1; SEC File No. 270-236; OMB Control No. 3235-0222.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (the ``Commission'') has submitted to the Office of
Management and Budget a request for extension of the previously
approved collection of information discussed below.
    Rule 17f-1 (17 CFR 270.17f-1) under the Investment Company Act of
1940 (the ``Act'') (15 U.S.C. 80a) is entitled: ``Custody of Securities
with Members of National Securities Exchanges.'' Rule 17f-1 provides
that any registered management investment company (``fund'') that
wishes to place its assets in the custody of a national securities
exchange member may do so only under a written contract that must be
ratified initially and approved annually by a majority of the fund's
board of directors. The written contract also must contain certain
specified provisions. In addition, the rule requires an independent
public accountant to examine the fund's assets in the custody of the
exchange member at least three times during the fund's fiscal year. The
rule requires the written contract and the certificate of each
examination to be transmitted to the Commission. The purpose of the
rule is to ensure the safekeeping of fund assets.
    Commission staff estimates that each fund makes 1 response and
spends an average of 3.5 hours annually in complying with the rule's
requirements. Commission staff estimates that on an annual basis it
takes: (i) 0.5 hours for the board of directors\1\ to review and ratify
the custodial contracts; and (ii) 3 hours for the fund's controller to
assist the fund's independent public auditors in verifying the fund's
assets. Approximately 5 funds rely on the rule annually, with a total
of 5 responses.\2\ Thus, the total annual hour burden for rule 17f-1 is
approximately 17.5 hours.\3\
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    \1\ Estimates of the number of hours are based on conversations
with representatives of mutual funds that comply with the rule. The
actual number of hours may vary significantly depending on
individual fund assets. The hour burden for rule 17f-1 does not
include preparing the custody contract because that would be part of
customary and usual business practice.
    \2\ Based on a review of Form N-17f-1 filings over the last
three years the Commission staff estimates that an average of 5
funds rely on rule 17f-1 each year.
    \3\ This estimate is based on the following calculation: (5
respondents x 3.5 hours = 17.5 hours). The annual burden for rule
17f-1 does not include time spent preparing Form N-17f-1. The burden
for Form N-17f-1 is included in a separate collection of
information.
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    Funds that rely on rule 17f-1 generally use outside counsel to
prepare the custodial contract for the board's review and to transmit
the contract to the Commission. Commission staff estimates the cost of
outside counsel to perform these tasks for a fund each year is
$800.00.\4\ Funds also must have an independent public accountant
verify the fund's assets three times each year and prepare the
certificate of examination. Commission staff estimates the annual cost
for an independent public accountant to perform this service is
$8,000.00.\5\ Therefore, the total annual cost burden for a fund that
relies on rule 17f-1 would be approximately $8,800.00.\6\ As noted
above, the staff estimates that 5 funds rely on rule 17f-1 each year,
for an estimated total annualized cost burden of $44,000.00.\7\
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    \4\ This estimate is based on the following calculation: (2
hours of outside counsel time x $400 = $800). The staff has
estimated the average cost of outside counsel at $400 per hour,
based on information received from funds, fund intermediaries, and
their counsel.
    \5\ This estimate is based on information received from fund
representatives estimating the aggregate annual cost of an
independent public accountant's periodic verification of assets and
preparation of the certificate of examination.
    \6\ This estimate is based on the following calculation: ($800 +
$8,000 = $8,800).
    \7\ This estimate is based on the following calculation: (5
funds x $8.800.00 = $44,000.00).
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    The estimate of average burden hours is made solely for the
purposes of the Paperwork Reduction Act, and is not derived from a
comprehensive or even a representative survey or study of the costs of
Commission rules. Compliance with the collections of information
required by rule 17f-1 is mandatory for funds that place their assets
in the custody of a national securities exchange member. Responses will
not be kept confidential. An agency may not conduct or sponsor, and a
person is not required to respond to a collection of information unless
it displays a currently valid control number.
    The public may view the background documentation for this
information collection at the following Web site, http://www.reginfo.gov. Comments should be directed to: (i) Desk Officer for
the Securities and Exchange Commission, Office of Information and
Regulatory Affairs, Office of Management and Budget, Room 10102, New
Executive Office Building, Washington, DC 20503, or by sending an email
to<EMAIL_ADDRESS>and (ii) Thomas Bayer, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312 or send an
email to<EMAIL_ADDRESS>Comments must be submitted to OMB
within 30 days of this notice.

    Dated: November 3, 2011.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-28901 Filed 11-7-11; 8:45 am]
BILLING CODE 8011-01-P