[Federal Register Volume 62, Number 203 (Tuesday, October 21, 1997)]
[Rules and Regulations]
[Pages 54585-54587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27846]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VA079-5020a; FRL-5909-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia--General Conformity Rule

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 
Virginia's regulation for General Conformity which sets forth policy, 
criteria, and procedures for demonstrating and assuring conformity of 
non-transportation related federal projects to all applicable 
implementation plans. The intended effect of this action is to approve 
Virginia's General Conformity Rule as a SIP revision.

DATES: This action is effective December 22, 1997 unless notice is 
received on or before November 20, 1997 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 David L. Arnold, Chief, Ozone/CO & 
Mobile Sources Section, Mailcode 3AT21, 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, Environmental 
Protection Agency, 401 M. Street, S.W., Washington, D.C. 20460; and the 
Virginia Department of Environmental Quality, 629 East Main Street, 
Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 566-2182, at the 
EPA Region III office or via e-mail at [email protected]. 
While information may be requested via e-mail, comments must be 
submitted in writing to the above Region III address.

SUPPLEMENTARY INFORMATION: On January 27, 1997, the Virginia Department 
of Environmental Quality (DEQ) submitted a formal revision to its State 
Implementation Plan (SIP) to EPA for the purpose of meeting the

[[Page 54586]]

requirements of 40 CFR 51.851, State Implementation Plans, found under 
40 CFR 51, subpart W, Determining Conformity of General Actions to 
State and Federal Implementation Plans. Part 51, subpart W is commonly 
referred to as the federal General Conformity Rule. The DEQ submittal, 
which is the subject of this approval action, is Regulation 9 VAC 5 
Chapter 160--Regulation for General Conformity. The Commonwealth of 
Virginia adopted a rule by the State Air Pollution Control Board on 
August 13, 1996 in accordance with the requirements of Sec. 10.1-1308 
of the Virginia Air Pollution Control Law and 40 CFR Part 51, with an 
effective date of January 1, 1997. This action to approve Virginia's 
General Conformity regulation as a SIP revision is being taken under 
section 110 of the Clean Air Act (CAA).

Summary of SIP Revision

    Virginia Regulation 9 VAC 5 Chapter 160, Regulation for General 
Conformity, establishes standards and procedures to follow when 
evaluating conformity of non-transportation related federal projects to 
all applicable implementation plans developed pursuant to section 110 
and part D of the CAA.
    At 40 CFR part 51, subpart W, EPA promulgated the federal rule for 
General Conformity to implement section 176(c) of the CAA. This rule 
sets forth policy, criteria, and procedures for demonstrating and 
assuring conformity of federal actions to all applicable implementation 
plans developed pursuant to section 110 and part D of the CAA. The rule 
generally applies to federal actions except:
    (1) Those required under the transportation conformity rule (40 CFR 
part 93, subpart A);
    (2) Actions with associated emissions below specified de minimis 
levels; and
    (3) Certain other actions which are exempt or presumed to conform 
to applicable air quality implementation plans.
    At 40 CFR 51.851, State Implementation Plans, EPA promulgated the 
requirements that must be adopted by the state and submitted as a SIP 
revision to implement the General Conformity provisions. The provisions 
adopted by the Commonwealth of Virginia for General Conformity are 
those contained in and required by the federal rule. EPA has reviewed 
Virginia Regulation 9 VAC 5 Chapter 160, Regulation for General 
Conformity, and has determined that it satisfies the requirements of 40 
CFR 51.851. A Technical Support Document (TSD) has been prepared which 
details the EPA's evaluation of Virginia Regulation 9 VAC 5 Chapter 
160. Interested parties may obtain a copy of the TSD by contacting the 
EPA Regional Office listed in the ADDRESSES section of this document.
    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 and critical comments be filed. This action will be 
effective December 22, 1997 unless, by November 20, 1997, adverse or 
critical comments are received. If EPA receives such comments, this 
action will be withdrawn before the effective date by publishing a 
subsequent document 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 22, 1997.

Final Action

    EPA is approving the final SIP revision of Virginia Regulation 9 
VAC 5 Chapter 160, Regulation for General Conformity, submitted by the 
Commonwealth of Virginia on January 27, 1997, effective January 1, 
1997.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.

Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this action 
from review under Executive Order 12866.

B. Regulatory Flexibility Act

    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 CAA 
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 CAA 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).

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a federal mandate that may result in estimated 
costs to state, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either state, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under state or local law, and imposes no new 
requirements. Accordingly, no additional costs to state, local, or 
tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
General Accounting

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Office prior to the publication of the rule of today's Federal 
Register. This rule is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action to approve revisions to the Virginia SIP must be filed 
in the United States Court of Appeals for the appropriate circuit by 
December 22, 1997. Filing a petition for reconsideration by the 
Administrator of this 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 a rule or action. This action 
pertaining to the Virginia General Conformity Rule may not be 
challenged later in the proceedings to enforce its requirements. (See 
section (b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements.

    Dated: September 29, 1997.
Thomas Voltaggio,
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. 7401-7671q.

Subpart VV--Virginia

    2. Section 52.2420 is amended by adding paragraph (c)(118) to read 
as follows:


Sec. 52.2420  Identification of plan.

* * * * *
    (c) * * *
    (118) Revision to the Virginia State Implementation Plan on January 
27, 1997 by the Virginia Department of Environmental Quality:
    (i) Incorporation by reference.
    (A) A letter of January 27, 1997 from the Virginia of Department 
Environmental Quality transmitting the General Conformity Rule.
    (B) Virginia Regulation 9 VAC 5 Chapter 160--Regulation for General 
Conformity, effective January 1, 1997.
    (ii) Additional Material from the Virginia's January 27, 1997 
submittal pertaining to Regulation 9 VAC 5 Chapter 160.

[FR Doc. 97-27846 Filed 10-20-97; 8:45 am]
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