[Federal Register Volume 59, Number 201 (Wednesday, October 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25683]


[[Page Unknown]]

[Federal Register: October 19, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VA20-2-6407; FRL-5082-9]

 

Approval and Promulgation of Air Quality Implementation Plans; 
Virginia: Definition of VOC and Emission Control Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct 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 Virginia's definition of the term volatile organic 
compound (VOC) and administrative changes to Virginia's lists of 
emission control areas. The effect of this action is to approve these 
administrative changes as a revision to the Virginia SIP. This action 
is being taken under the Clean Air Act (the Act).
DATES: This final rule will become effective December 19, 1994 unless 
notice is received on or before November 18, 1994, that adverse or 
critical comments will be submitted. If the effective date is delayed, 
timely notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to Thomas J. Maslany, Director, Air, 
Radiation, and Toxics Division, U.S. Environmental Protection Agency, 
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107. 
Copies of the documents relevant to this action are available for 
public inspection during normal business hours at the Air, Radiation, 
and Toxics Division, U.S. Environmental Protection Agency, Region III, 
841 Chestnut Building, Philadelphia, Pennsylvania 19107; the Air and 
Radiation Docket and Information Center, U.S. Environmental Protection 
Agency, 401 M Street, SW., Washington, DC 20460; and the Virginia 
Department of Environmental Quality, 629 East Main Street, Richmond, 
Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Kathleen Stager, (215) 597-0545, at 
the EPA Regional office listed.

SUPPLEMENTARY INFORMATION: On November 4, 1992, the Commonwealth of 
Virginia submitted a formal revision to its State Implementation Plan 
(SIP). The SIP revision consists of amendments to Virginia's definition 
of the term volatile organic compound (VOC), administrative changes to 
Virginia's lists of emission control areas, and the addition of a new 
emission statement regulation. The portion of Virginia's November 4, 
1992 SIP revision submittal pertaining to emission statements is the 
subject of a separate rulemaking action.

I. Background

    On November 15, 1990, amendments to the 1977 Clean Air Act were 
enacted. Under the amended Act, EPA and the States were required to 
review the designation of areas and to redesignate areas as 
nonattainment for ozone if the air quality data from 1987, 1988, and 
1989, indicated that the area was violating the ozone standard. On 
November 6, 1991, and November 30, 1992, EPA promulgated designations 
pursuant to the amended Act, which expanded the boundaries of the 
Washington, DC, Richmond, and Hampton Roads nonattainment areas. 56 FR 
56694 and 57 FR 56762. The Washington, DC nonattainment area was 
extended to include Stafford County; the Richmond nonattainment area 
was expanded to include Charles City County, Colonial Heights County, 
Hanover County, and Hopewell County; and the Hampton Roads 
nonattainment area was expanded to include James City County, York 
County, Poquoson County, and Williamsburg City.
    To fully comply with the provisions of the Act relative to Federal 
requirements to control VOC and NOX emissions in ozone 
nonattainment areas, Virginia is required to expand the geographic 
applicability of its VOC and NOx control regulations to conform to 
EPA's ozone nonattainment designations. On November 4, 1992, the 
Commonwealth of Virginia submitted a SIP revision that defined the VOC 
and NOX emission control areas to make them consistent with EPA's 
designated nonattainment areas in 40 CFR part 81 as promulgated on 
November 6, 1991, and November 30, 1992.

II. EPA Evaluation and Action

    The following is EPA's evaluation of the SIP revisions submitted by 
the Commonwealth of Virginia. Detailed descriptions of the amendments 
addressed in this document, and EPA's evaluation of the amendments, are 
contained in the technical support document (TSD) prepared for this 
revision. Copies of the TSD are available from the EPA Regional office 
listed in the Addresses section of this document.

Commonwealth's Submittal

    (1) Section 120-01-02 has been amended to revise the definition of 
the term volatile organic compound (VOC) to be consistent with EPA's 
definition.
    (2) Appendix P, which contained a list of VOC emission control 
areas, has been amended to include a list of emission control areas for 
oxides of nitrogen (NOX). The NOX emission control areas 
correspond to the ozone nonattainment designations which EPA issued in 
the Federal Register on November 6, 1991, and November 30, 1992. 56 FR 
56694 and 57 FR 56762.
    (3) The list of VOC emission control areas in appendix P was 
revised to correspond to the ozone nonattainment area designations 
which EPA issued in the Federal Register on November 6, 1991, and 
November 30, 1992. 56 FR 56694 and 57 FR 56762.

EPA's Evaluation

    These amendments are administrative in nature, and will have no 
adverse effect on air quality. These amendments are consistent with EPA 
requirements, and consequently serve to strengthen the Virginia SIP. 
Therefore, they are approvable as a revision to the Virginia SIP.
    EPA is approving this SIP revision without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will become 
effective December 19, 1994 unless, by November 18, 1994, adverse or 
critical comments are received.
    If EPA receives such comments, this action will be withdrawn before 
the effective date by publishing a subsequent notice that will withdraw 
the final action. All public comments received will then be addressed 
in a subsequent final rule based on this action serving as a proposed 
rule. EPA will not institute a second comment period on this action. 
Any parties interested in commenting on this action should do so at 
this time. If no such comments are received, the public is advised that 
this action will be effective on December 19, 1994.

Final Action

    EPA is approving amendments to Virginia's definition for the term 
VOC and lists of VOC and NOX emission control areas, section 120-
01-02 and appendix P, respectively, as a revision to the Virginia SIP. 
The Commonwealth of Virginia submitted these amendments to EPA as a SIP 
revision on November 4, 1992.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP approval does not impose any new requirements, the 
Administrator certifies that it does not have a significant impact on 
any small entities affected. Moreover, due to the nature of the 
Federal-State relationship under the CAA, preparation of a flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
    This action has been classified as a Table 2 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by 
an October 4, 1993, memorandum from Michael H. Shapiro, Acting 
Assistant Administrator for Air and Radiation. A future document will 
inform the general public of these tables. On January 6, 1989, the 
Office of Management and Budget (OMB) waived Table 2 and Table 3 SIP 
revisions (54 FR 2222) from the requirements of section 3 of Executive 
Order 12291 for a period of two years. The EPA has submitted a request 
for a permanent waiver for Table 2 and 3 SIP revisions. The OMB has 
agreed to continue the waiver until such time as it rules on EPA's 
request. This request continues in effect under Executive Order 12866, 
which superseded Executive Order 12291 on September 30, 1993.
    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 December 19, 1994. 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 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, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone.

    Dated: August 4, 1994.
Peter H. Kostmayer,
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. 7401-7671q.

Subpart VV--Virginia

    2. Section 52.2420 is amended by adding paragraph (c)(102) to read 
as follows:


Sec. 52.2420  Identification of plan.

* * * * *
    (c) * * *
    (102) Revisions to the Virginia State Implementation Plan submitted 
on November 4, 1992 by the Virginia Department of Air Pollution 
Control.
    (i) Incorporation by reference.
    (A) Letter of November 4, 1992 from the Virginia Department of Air 
Pollution Control transmitting amendments to the Virginia State 
Implementation Plan pertaining to Virginia's air quality regulations, 
Virginia State Air Pollution Control Board Regulations for the Control 
and Abatement or Air Pollution.
    (B) The following revisions to Virginia's air quality regulations, 
adopted by the Virginia State Air Pollution Control Board on October 
30, 1992, effective January 1, 1993:
    (1) Amendments to section 120-01-02, the definition for the term 
volatile organic compound.
    (2) Amendments to appendix P, pertaining to emission control areas.
    (ii) Additional material.
    (A) Remainder of Virginia's November 4, 1992 State submittal 
pertaining to section 120-01-02 and appendix P.
[FR Doc. 94-25683 Filed 10-18-94; 8:45 am]
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