[Federal Register Volume 65, Number 130 (Thursday, July 6, 2000)]
[Rules and Regulations]
[Pages 41592-41594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16366]



[[Page 41592]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VA084/101-5045a; FRL-6726-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Revised Format for Materials Being Incorporated by Reference; 
Approval of Recodification of the Virginia Administrative Code; 
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; correcting amendments.

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SUMMARY: This document corrects errors in the rule language of a final 
rule pertaining to EPA's approval of a recodification of and associated 
administrative revisions to Virginia's air pollution control 
regulations. This recodification reorganized and renumbered the 
Virginia SIP to match the numbering system set forth in the Virginia 
Administrative Code. In this same action, we also revised the format of 
40 CFR part 52 for materials submitted by Virginia that are 
incorporated by reference (IBR) into the Virginia State implementation 
plan (SIPs).

EFFECTIVE DATE: July 6, 2000.

FOR FURTHER INFORMATION CONTACT: Harold A. Frankford (215) 814-2108 or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'' or 
``our'' are used, we mean EPA. On April 21, 2000 (65 FR 21315), we 
published a final rulemaking action announcing our approval of the 
revised reorganization of the Virginia Administrative Code (VAC), 
including reorganization of the air pollution control regulations. The 
intent of the rule was to approve the revised regulatory structure of 
Virginia's air pollution control regulations, and to list, in chart 
form, those Virginia regulatory provisions which had been incorporated 
by reference into the Virginia SIP.
    In this document, we discovered incorrect information and omissions 
related to entries appearing in the summary rulemaking charts published 
on pages 21322, 21342, and 21346. In one case, we did not clearly 
delineate the provisions in Virginia's compliance testing requirements 
(9 VAC 5-40-20) which we had historically approved, and thus 
incorporated by reference, as part of the Virginia SIP. In the other 
case, we omitted the listing of eight other Virginia air pollution 
control rules (either in the 9 VAC 5 or ``VR'' format) which EPA had 
incorporated by reference in past rulemaking actions into the SIP. In 
this action, we are publishing those entries in 40 CFR 52.2420(c) which 
contained incorrect information or were inadvertently omitted from the 
document.
    At the same time, we had intended to revise the citation of 
Virginia's compliance testing provision which we had historically 
disapproved and codified at 40 CFR 52.2423(f) so that it reflects the 
current 9 VAC 5 citation. This action revises Sec. 52.2423(f) to 
reflect the correct citation. Section 553 of the Administrative 
Procedure Act, 5 U.S.C. 553(b)(B), provides that, when an agency for 
good cause finds that notice and public procedure are impracticable, 
unnecessary or contrary to the public interest, the agency may issue a 
rule without providing notice and an opportunity for public comment. We 
have determined that there is good cause for making today's rule final 
without prior proposal and opportunity for comment because we are 
merely correcting an incorrect citation in a previous action. Thus, 
notice and public procedure are unnecessary. We find that this 
constitutes good cause under 5 U.S.C. 553(b)(B).

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to review by the Office of Management and Budget. Because the 
agency has made a ``good cause'' finding that this action is not 
subject to notice-and-comment requirements under the Administrative 
Procedure Act or any other statute as indicated in the Supplementary 
Information section above, it is not subject to the regulatory 
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform 
Act of 1995 (UMRA) (Public Law 104-4). In addition, this action does 
not significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of UMRA. This rule also does not significantly or uniquely affect 
the communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This rule will 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 governments, as specified 
by Executive Order 13132 (64 FR 43255, August 10, 1999). This rule also 
is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    This technical correction action does not involve technical 
standards; 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. The rule also does not involve special consideration of 
environmental justice related issues as required by Executive Order 
12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has 
taken the necessary steps to eliminate drafting errors and ambiguity, 
minimize potential litigation, and provide a clear legal standard for 
affected conduct, as required by section 3 of Executive Order 12988 (61 
FR 4729, February 7, 1996). EPA has complied with Executive Order 12630 
(53 FR 8859, March 15, 1998) by examining the takings implications of 
the rule in accordance with the ``Attorney General's Supplemental 
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated 
Takings'' issued under the executive order. This rule does not impose 
an information collection burden under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.).
    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. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. 5 U.S.C. 808(2). 
As stated previously, EPA had made such a good cause finding, including 
the reasons therefore, and established an effective date of July 6, 
2000. 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. The corrections to 40 CFR 52.2420(c) 
and 52.2423(f) for Virginia are not ``major rules'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by

[[Page 41593]]

reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides.

    Dated: June 19, 2000.
Bradley M. Campbell,
Regional Administrator, EPA 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 et seq.

Subpart VV--Virginia

    2. In Sec. 52.2420, the table in paragraph (c) is amended by:
    a. Revising entry ``5-40-20'' under Chapter 40, Part I.
    b. Adding in numerical order entry ``5-91-40'' under Chapter 91, 
Part II.
    c. Removing entry ``5-480-20'' and adding new entries in its place 
under 2 VAC 5, Chapter 480.
    The revisions and additions read as follows:


Sec. 52.2420  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Virginia SIP
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                                                          State
    State Citation  (9 VAC 5)        Title/subject      effective    EPA approval date     Explanation  [former
                                                           date                               SIP citation]
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*                  *                  *                  *                  *                  *
                                                        *
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                               Chapter 40  Existing Stationary Sources  [Part IV]
                                           Part I  Special Provisions
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
5-40-20 (Except A.3)............  Compliance.........      4/17/95  4/21/00              120-04-02
                                                                    65 FR 21315          (Except A.3).
 
*                *                  *                  *                  *                  *
                                                        *
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        Chapter 91  Regulations for the Control of Motor Vehicle Emissions in the Northern Virginia Area
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*                  *                  *                *                    *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
                                           Part II  General Provisions
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                *                    *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
5-91-40.........................  Establishment of         1/24/97  9/1/99
                                   Regulations and                  64 FR 47670
                                   Orders.
 
*                  *                  *                *                    *                  *
                                                        *
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                      2 VAC 5 CHAPTER 480  Regulation Governing the Oxygenation of Gasoline
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VR115-04-28, Sec.  1............  Definitions........      11/1/93  4/15/94
                                                                    39 FR 17942
5-480-20........................  Applicability......      11/1/96  2/17/00              SIP Effective Date: 4/3/
                                                                    65 FR 8051            00.
VR115-04-28, Sec.  3............  Minimum oxygenate        11/1/93  4/15/94
                                   content.                         39 FR 17942
VR115-04-28, Sec.  4............  Nature of                11/1/93  4/15/94
                                   oxygenates.                      39 FR 17942
VR115-04-28, Sec.  5............  Record keeping and       11/1/93  4/15/94
                                   transfer                         39 FR 17942
                                   requirements.
VR115-04-28, Sec.  6............  Gasoline pump            11/1/93  4/15/94
                                   labeling.                        39 FR 17942
VR115-04-28, Sec.  7............  Sampling, testing        11/1/93  4/15/94
                                   and oxygen content               39 FR 17942
                                   calculations.
VR115-04-28, Sec.  8............  Compliance and           11/1/93  4/15/94
                                   enforcement.                     39 FR 17942
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[[Page 41594]]

Sec. 52.2423  [Amended]

    3. In Sec. 52.2423(f), the citation ``Section 120-04-02.A.3.'' is 
revised to read ``Section 9 VAC 5-40-20.A.3.''

[FR Doc. 00-16366 Filed 7-5-00; 8:45 am]
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