[Federal Register Volume 68, Number 4 (Tuesday, January 7, 2003)]
[Rules and Regulations]
[Pages 663-670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-93]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 68, No. 4 / Tuesday, January 7, 2003 / Rules
and Regulations
[[Page 663]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[VA085/086/089/102/103--5046a; FRL-7427-9]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Reorganization of and Revisions to Administrative and General
Conformity Provisions; Documents Incorporated by Reference;
Recodification of Existing SIP Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
Virginia State Implementation Plan (SIP). The revisions consist of
substantive and format changes to Virginia's general administrative
provisions and definitions, reorganization and recodification of the
general conformity requirements and provisions, recodification of
Virginia's oxygenated gasoline regulation, and revisions to the list of
technical documents which Virginia incorporates by reference into its
air pollution control regulations. In this action, EPA is also
correcting typographical errors and other errata currently found in the
Identification of plan rule chart. EPA is approving these revisions in
accordance with the requirements of the Clean Air Act.
DATES: This rule is effective on March 10, 2003 without further notice,
unless EPA receives adverse written comment by February 6, 2003. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.
ADDRESSES: Written comments should be mailed to Harold A. Frankford,
Mailcode 3AP20, U.S. Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania 19103. Copies of the documents
relevant to this action are available 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; and the Virginia Department of
Environmental Quality, 629 East Main Street, Richmond, Virginia, 23219.
FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, (215) 814-2108,
or by e-mail at [email protected]. Please note that while
questions may be posed via telephone and e-mail, formal comments must
be submitted in writing, as indicated in the ADDRESSES section of this
document.
SUPPLEMENTARY INFORMATION:
I. Background
Between April 30, 1997 and June 22, 1999, the Commonwealth of
Virginia submitted a series of formal revisions to its SIP. These SIP
revisions consist of the addition of general administrative provisions
and definitions (9 VAC 5, Chapter 170) submitted by Virginia on
February 18, 1998, substantive and format revisions submitted by
Virginia on March 4, 1998 regarding its general administrative
provisions and definitions (9 VAC 5, Chapters 10 and 20), a revision
submitted by Virginia on April 20, 1998 which further reorganizes and
recodifies the format of the Commonwealth's general conformity
requirements (9 VAC 5, Chapter 160), a revision submitted by Virginia
on April 30, 1997 which revises the format of Virginia's oxygenated
gasoline regulation (2 VAC 5, Chapter 480), and a revision submitted by
Virginia on June 22, 1999 which amends the list of documents which
Virginia incorporates by reference (9 VAC 5, Chapter 20, Regulation 5-
20-21).
II. Summary of SIP Revisions
A. Substantive Revisions to Virginia's General Administrative
Provisions and Definitions
On February 18, 1998 and March 4, 1998, Virginia submitted
substantial revisions, both in terms of format and substance, to its
general administrative provisions and definitions. Whereas Virginia's
current SIP-approved administrative provisions are located in Part II
of VR-120 or 9 VAC 5 Chapter 20, the revised structure splits these
general administrative provisions into two major chapters--Chapter 20
(General Provisions) and Chapter 170 (Regulations for General
Administration). The individual 9 VAC 5-170 Sections are organized
below:
------------------------------------------------------------------------
Regulation for
Chapter 170 citation general Former citation in
administration Chapters 20 and 160
------------------------------------------------------------------------
Part I Definitions
5-170-10................ Use of Terms.. 5-10-10
5-170-20................ Terms Defined. 5-10-20
5-160-20
Part II General
Provisions
5-170-30................ Applicability. 5-20-10A.-C.
5-170-60................ Availability 5-20-150
of Information. 5-160-100
Part V Enforcement
5-170-120............... Enforcement of 5-20-30A.-D.
Regulation, 5-160-60
Permits and
Orders.
5-170-130A.............. Right of Entry 5-20-100
Part VI Board Actions
5-170-150............... Local 5-20-60
Ordinances.
5-170-160............... Conditions on 5-20-110
Approvals.
[[Page 664]]
5-170-170............... Considerations 5-20-140
for Approval
Actions.
------------------------------------------------------------------------
In the February 18, 1998 and March 4, 1998 submittals, Virginia
also adds or revises the following definitions of terms:
Added: Public Hearing, Regulation of the Board, These Regulations,
Virginia Register Act.
Revised: Administrative Process Act, Consent Agreement, Consent
Order, Director, Emergency Special Order, Good Engineering Practice,
Order, Owner, Person, Pollutant, Source, Special Order, Virginia Air
Pollution Control Law, Volatile Organic Compounds.
No Wording Changes; Revised Citations Only: Virginia has recodified
the following definitions from 9 VAC 5-10-20 to 9 VAC 5-170-20:
Administrative Process Act, Confidential Information, Variance, and
Virginia Register Act. In addition, Virginia has placed duplicate
versions of the following SIP definitions found elsewhere in 9 VAC 5
into Regulation 9 VAC 5-170-20: Air Pollution, Board, Department,
Director, Emergency, Federal Clean Air Act, Locality, Virginia Air
Pollution Control Law, and Virginia Motor Vehicle Emissions Control
Law.
In addition to the recodification, Virginia made substantive
revisions to the following provisions when compared to the wording of
the comparable SIP-approved provisions formerly located in 9 VAC 5,
Chapter 20: 5-170-30, 5-170-60, 5-170-120, 5-170-150, 5-170-160, and 5-
170-170. Virginia revised the wording of these provisions to clarify
the intent of the rules, or to conform with the statutory provisions of
the Virginia Air Pollution Control Law. Virginia has also revised
several definitions found in Regulation 5-170-20, also to clarify the
intent of the term, or in order to conform with the wording and intent
of the state statute. Virginia revised the definition of the term
``volatile organic compound'' to add perchloroethylene as an exempt VOC
solvent, and substantively revised the wording of the definition of
``person'' when compared to that of the SIP-approved definition.
B. Revisions to Virginia's General Conformity Provisions
On April 20, 1998, Virginia revised its SIP-approved General
Conformity rules (9 VAC 5 Chapter 160) which had been incorporated into
the Virginia SIP at 40 CFR Section 52.2420(c)(118). These rules are
revised by:
1. Revising 9 VAC 5-160-10 (General), Section B.
2. Revising the definition of ``Emergency'', as defined in 9 VAC 5-
160-20.
3. Removing definitions and provisions from Chapter 160 which are
now duplicated in Chapter 170. The definitions are for the terms
Administrative Process Act, Confidential Information, Consent
Agreement, Consent Order, Emergency Special Order, Formal Hearing,
Order, Party, Public Hearing, Special order, Variance, and Virginia
Register Act. The provisions are: Enforcement of Regulations and Orders
(9 VAC 5-160-60), and Availability of Information (9 VAC 5-160-100).
4. Removing from Chapter 160 the following additional provisions:
Establishment of Regulations and Orders (9 VAC 5-160-50), Hearings and
Proceedings (9 VAC 5-160-70), and Appeals (9 VAC 5-160-100).
C. Documents Being Incorporated by Reference
On June 22, 1999, Virginia submitted revisions to the list of
Federal, technical, and scientific documents which Virginia
incorporates by reference. Virginia lists these documents in 9 VAC 5,
Chapter 20 (General Provisions), Regulation 5-20-21. In this submittal,
Virginia incorporates by reference the following technical and
scientific documents:
1. D323-94, ``Standard Test Method for Vapor Pressure of Petroleum
Products (Reid Method)'' from Section 5, Volume 05.01 of the 1989
Annual Book of American Society for Testing Materials (ASTM) Standards.
(Replacing D323-82)
2. D97-93, ``Standard Test Method for Pour Point of Premium Oils''
from Section 5, Volume 05.01 of the 1989 Annual Book of ASTM Standards.
(Replacing D97-87)
3. National Fire Prevention Association (NFPA) 385, Standard for
Tank Vehicles for Flammable and Combustible Limits, 1990 Edition.
(Replacing the 1985 Edition)
4. NFPA 30, Flammable and Combustible Liquids Code. 1993 Edition
(Replacing the 1987 Edition).
5. NFPA 30A, Automotive and Marine Service Station Code, 1993
Edition (Replacing the 1987 Edition).
D. Recodification of Virginia's Oxygenated Gasoline Regulations
On April 30, 1997, Virginia submitted amendments to the
Commonwealth's oxygenated gasoline regulations as a revision to the
SIP. In a separate action, on February 17, 2000 (65 FR 8051), EPA had
approved substantive revisions to Regulation 2 VAC 5-480-20 as a
revision to the SIP. By this action, EPA is approving revisions to the
SIP which recodify Virginia's oxygenated gasoline regulation from VR
115-04-28 Sections 1 and 3 through 8 to 2 VAC 5 Chapter 480,
Regulations 2 VAC 5-480-10, and 5-480-30 through 5-480-80,
respectively. These revisions are summarized in the following chart:
2 VAC 5 Chapter 480--Regulation Governing the Oxygenation of Gasoline
----------------------------------------------------------------------------------------------------------------
New SIP citation Title Current SIP citation
----------------------------------------------------------------------------------------------------------------
5-480-10............................. Definitions.................. VR115-04-28, section 1.
5-480-30............................. Minimum oxygenate content.... VR115-04-28, section 3.
5-480-40............................. Nature of oxygenates......... VR115-04-28, section 4.
5-480-50............................. Recordkeeping transfer VR115-04-28, section 5.
requirements.
5-480-60............................. Gasoline pump labeling....... VR115-04-28, section 6.
5-480-70............................. Sampling, testing and oxygen VR115-04-28, section 7.
content calculations.
5-480-80............................. Compliance and enforcement... VR115-04-28, section 8.
----------------------------------------------------------------------------------------------------------------
[[Page 665]]
III. EPA's Evaluation of SIP Revisions
A. Definitions
EPA has reviewed Virginia's new and revised definitions and has
determined that they are consistent with the statutory provisions of
the Virginia Air Pollution Control Law and the comparable requirements
of the Clean Air Act and 40 CFR part 51. Virginia revised the wording
of several definitions in order to improve their clarity and intent.
Virginia also has substantially revised the definition of ``Person'' in
order to comply with revisions to ``Person'' found in chapter 13,
section 10.1.1300 of Virginia's Air Pollution Control Law. EPA has
determined that the same groups covered by the current SIP definition
of ``Person'' are still covered under the wording of the revised
definition, and therefore concludes that the revised definition of
``Person'' is equivalent in scope to the current SIP definition.
Virginia has also revised the definition of ``Volatile Organic
Compound'' by including perchloroethylene to the list of exempt
compounds. EPA has determined that Virginia's revised definition is
consistent with the definition of ``volatile organic compound'' found
at 40 CFR 51.100(s).
B. New and Revised Administrative Provisions
EPA has reviewed the revisions to the administrative regulations of
9 VAC 5, Chapter 170, and has determined that the revised wording
improves the clarity and intent of the provisions, streamlines the
process of enforcing regulations, permits and orders, and defines the
procedures for determining the applicability of a provision where
conflicts between provisions apply. The revised regulations strengthen
the public hearing process which local agencies must follow, and
provide additional assurances that local ordinances will conform with
the applicable state requirements.
C. Revised General Conformity Provisions
Virginia had amended its general conformity provisions so that the
general and administrative provisions in 9 VAC 5 Chapter 160 would be
combined with the identical provisions of 9 VAC 5, Chapter 170. Many of
the definitions and administrative provisions in the SIP-approved
version of 9 VAC 5, Chapter 160 make specific references to Federal
agencies and their obligation to comply with state requirements. The
comparative requirements of 9 VAC 5 Chapter 170 make no reference to
Federal agencies. Instead, the term ``Owner'' is used in the place of
``Federal Agencies''. However, the term ``Owner'' refers to ``Person''
which by definition includes ``Governmental Bodies.'' EPA has
determined this to be an equivalent substitution for ``Federal
Agency.'' In addition, the term ``Owner'' also refers to ``Bodies
Politic,'' which EPA interprets to include the Federal Government and
its individual agencies. The term ``Department'' found in the 9 VAC 5-
160 provisions is not found in the consolidated 9 VAC 5-170 rules--only
the term ``Board.'' The SIP, however, has historically only conferred
power to the Board. In addition, 40 CFR part 93 does not require
``Department'' to be included in Virginia's general conformity rules.
D. EPA's Evaluation of Revised Incorporation by Reference Provisions
In its support document accompanying the June 1999 SIP revision
submittal, Virginia explained that the technical documents found in
Regulation 9 VAC 5-20-21 are used to make technical evaluations related
to new source review and emission standards for volatile organic
compounds. Virginia revised the five documents listed above to reflect
the latest available edition. EPA agrees that states should use the
latest available technical documents to assist in their decisionmaking,
and therefore finds these revisions to be acceptable.
E. Recodification of Virginia's Oxygenated Gasoline Regulations
The revisions to 2 VAC 5, Chapter 480, sections 2-480-10 and 2-480-
30 through 2-480-80 consist only of changes to the citation format of
Virginia's oxygenated gasoline rules. There are no substantive wording
changes to the current SIP-approved provisions.
F. Impact of Virginia's Audit Privilege and Immunity Laws on These SIP
Revisions
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, 1997, 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 section 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,
1997 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
[[Page 666]]
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 Clean Air Act, 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. Corrections to the Chart in 40 CFR 52.2020(c) Summarizing the
Approved SIP Rules
On April 21, 2000 (65 FR 21513), EPA approved the revised
incorporation by reference format for 40 CFR part 52, subpart VV, Sec.
52.2420(c). This chart lists those Virginia regulations which EPA has
incorporated by reference into the Virginia SIP as well as their
effective dates in the Commonwealth. After review of the chart as
published in the April 21, 2000 Federal Register, the Virginia
Department of Environmental Quality informed EPA that the chart as
published contained typographical errors, omissions, and inaccurate
information. On July 6, 2000 (65 FR 41592) and July 14, 2000 (65 FR
43840), correction notices were published which corrected some, but not
all, of the incorrect entries. This action corrects the remaining
inaccurate entries to the chart in Sec. 52.2420(c). These corrections
revise information to air quality provisions which are not otherwise
revised by the other SIP revisions being evaluated by EPA in this
action. The information consists of corrected titles of the air quality
regulations, corrected VAC citations, and corrected effective dates of
some provisions, and are summarized below:
----------------------------------------------------------------------------------------------------------------
Description of
Federal Register page (65 FR) Entry Column title correction
----------------------------------------------------------------------------------------------------------------
21321................................ Chapter 20 General Provisions (Title) Add ``[Part II]'' after
``Chapter 20 General
Provisions''.
5-20-160............... State Effective Date... Remove the date ``7/1/
97''.
5-20-170............... State Effective Date... Remove the date ``7/1/
97''.
5-20-180............... State Effective Date... Remove the date ``7/1/
97''.
21322................................ 5-20-205............... State Effective Date... Replace ``2/1/97'' with
``1/1/97''.
21323................................ 5-40-50................ State Effective Date... Replace ``7/1/97'' with
``4/17/95''.
5-40-310A.-E........... Title/Subject.......... Replace ``Dioxide''
with ``Oxides''.
21324................................ 4-40-450............... State citation (9 VAC Replace ``4-40-450''
5). with ``5-40-450''.
5-40-710............... Explanation [Former SIP Replace ``120-04-614.''
Citation]. with ``120-04-0614.''.
5-40-720............... Explanation [Former SIP Replace ``120-04-
Citation]. 0613.'' with ``120-04-
0615.''.
21340................................ 5-80-10/Article 6...... State citation (9 VAC Remove ``Article 6''.
5).
21342................................ Article 9 Permits--Major Stationary Sources and Add ``[ ]'' around
Major Modifications Located in Nonattainment ``120-08-03''.
Areas (Title)
5-80-2000.............. Explanation [Former SIP Replace ``03A.'' with
Citation]. ``.03A''.
5-80-2080.............. Explanation [Former SIP Replace ``.03I.'' with
Citation]. ``.03I''.
21343................................ 5-9-150................ State citation (9 VAC Replace ``5-9-150''
5). with ``5-91-150''.
21344................................ 4-91-450............... State citation (9 VAC Replace ``4-91-450''
5). with ``5-91-450''.
4-91-460............... State citation (9 VAC Replace ``4-91-460''
5). with ``5-91-460''.
21346................................ Chapter 160 General State Effective Date... Remove ``1/24/97''.
Conformity Rules
(Title).
----------------------------------------------------------------------------------------------------------------
Similarly, on October 19, 2000 (65 FR 62626), EPA approved a
revision to 9 VAC 5 Chapter 30 (Ambient Air Quality Standards). This
revision removed section 9 VAC 5-30-20, the old ambient air quality
standards for total suspended particulate matter (TSP) from the
Virginia SIP. The intent of this action was to remove the entry for
section 9 VAC 5-30-20 from the chart in 40 CFR 52.2420(c). This action
will remove section 9 VAC 5-30-20 from the chart.
V. Final Action
EPA is approving the addition of 9 VAC 5, Chapter 170, as well as
the revisions to 9 VAC 5 Chapters 10, 20, and 160 and 2 VAC 5, Chapter
480 as revisions to the Virginia SIP. EPA is also correcting the
typographical errors, omissions and incorrect information found in the
chart of previously-approved SIP actions found at 40 CFR 52.2420(c).
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. However, in the ``Proposed Rules'' section of today's
Federal Register, EPA is publishing a separate document that will serve
as the proposal to approve the SIP revision if adverse comments are
filed. This rule will be effective on March 10, 2003 without further
notice unless EPA receives adverse comment by February 6, 2003. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
VI. Administrative Requirements
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
[[Page 667]]
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 standard,
and does not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. 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 is not economically significant. In reviewing SIP
submissions, EPA's role is to approve state choices, provided that they
meet the criteria of the Clean Air Act. 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 Clean Air Act. 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 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 March 10, 2003. 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 to revise 9 VAC 5 chapters 10, 20, 30, 40,
80, 91, 160 and 170, and 2 VAC 5 chapter 480 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, Carbon monoxide,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: December 17, 2002.
Donald S. Welsh,
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 et seq.
Subpart VV--Virginia
2. In Sec. 52.2420, the table in paragraph (c) is amended:
a. Under Chapter 10 by revising the entry for 5-10-10; adding an
entry for 5-10-20 at the end of the third entry for 5-10-20; and
removing entry VR120-01-02.
b. Under Chapter 20 by revising entries 5-20-160, 5-20-170, 5-20-
180, and 5-20-205; and removing entries 5-20-30A.-D., 5-20-60, 5-20-
100, 5-20-110, 5-20-140, 5-20-150, VR120-02-14B.
c. Under Chapter 30 by removing entry 5-30-20.
d. Under Chapter 40 by removing entry 4-4-450 and revising entries
5-40-50, 5-40-310A.-E., 5-40-710, and 5-40-720.
e. Under Chapter 80 by revising entries 5-80-10/Article 6, 5-80-
2000, and 5-80-2080.
f. Under Chapter 91 by removing entries 5-9-150, 4-91-450, and 4-
91-460.
g. Under Chapter 160 by revising entries for 5-160-10 and 5-160-20;
and removing entries 5-160-50, 5-160-60, 5-160-70, 5-160-90, and 5-160-
100.
h. By adding a new Chapter 170 including headings, with numerical
entries for Part I, Part II, Part V, and Part VI.
i. Under 2 VAC 5 Chapter 480 by removing entries VR115-04-28, Sec.
1, VR115-04-28, Sec. 3, VR115-04-28, Sec. 4, VR115-04-28, Sec. 5,
VR115-04-28, Sec. 6, VR115-04-28, Sec. 7 and VR115-04-28, Sec. 8; and
adding entries 5-480-10, 5-480-30, 5-480-40, 5-480-50, 5-480-60, 5-480-
70, and 5-480-80.
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
[[Page 668]]
EPA--Approved Regulations in the Virginia SIP
----------------------------------------------------------------------------------------------------------------
State effective Explanation [former
State citation (9 VAC 5) Title/subject date EPA approval date SIP citation]
----------------------------------------------------------------------------------------------------------------
Chapter 10 General Definitions [Part 1]
----------------------------------------------------------------------------------------------------------------
5-10-10........................ General.......... 1/1/98........... 1/7/03 [Insert 120-02-01 Sections 5-
Federal Register 10-10A, B and C are
page citation]. revised
* * * * * * *
5-10-20........................ Terms Defined.... 1/1/98........... 1/7/03 [Insert Terms Added--Public
Federal Register hearing: Regulations
page citation]. for the Control and
Abatement of Air
Pollution, Regulation
of the Board, These
regulations.
Terms Revised--Good
Engineering Practice,
Person, Volatile
organic compound.
Terms Deleted (moved
to 9 VAC 5-170-20)--
Administrative
Process Act, Air
quality control
region, Air quality
maintenance area,
Confidential
information, Consent
agreement, Consent
order, Emergency
special order, Order,
Special order,
Variance.
* * * * * * *
--------------------------------
Chapter 20 General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
5-20-160....................... Registration..... 4/17/95.......... 4/21/00 65 FR 120-02-31
21320.
5-20-170....................... Control Programs. 4/17/95.......... 4/21/00 65 FR 120-02-32
21320.
5-20-180....................... Facility and 4/17/95.......... 4/21/00 65 FR 120-02-34
Control 21320.
Equipment
Maintenance or
Malfunction
* * * * * * *
5-20-205....................... Prevention of 1/1/97........... 3/23/98 65 FR Former Appendix L--
Significant 13795. Effective 2/1/92.
Deterioration
Areas.
* * * * * * *
--------------------------------
Chapter 40 Existing Stationary Sources [Part IV]
----------------------------------------------------------------------------------------------------------------
Part I Special Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
5-40-50........................ Notification, 4/17/95.......... 4/21/00 65 FR 120-04-05
Records and 21320.
Reporting.
* * * * * * *
--------------------------------
Part II Emission Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 4 General Process Operations [Rule 4-4]
----------------------------------------------------------------------------------------------------------------
5-40-310A.-E................... Standard for 1/1/93........... 4/28/99 64 FR 120-04-0408
Nitrogen Oxides. 22792.
* * * * * * *
--------------------------------
Article 6 Rubber Tire Manufacturing Operations [Rule 4-6]
----------------------------------------------------------------------------------------------------------------
* * * * * * *
5-40-710....................... Facility and 4/17/95.......... 4/21/00 65 FR 120-04-0614
Control 21320.
Equipment
Maintenance or
Malfunction
5-40-720....................... Permits.......... 4/17/95.......... 4/21/00 65 FR 120-04-0615
21320.
[[Page 669]]
* * * * * * *
--------------------------------
Chapter 80 Permits for Stationary Sources [Part VIII]
----------------------------------------------------------------------------------------------------------------
5-80-10/Article 6.............. New and Modified 4/17/95.......... 4/21/00 65 FR 120-08-01
Stationary 21320.
Sources.
* * * * * * *
--------------------------------
Article 9 Permits--Major Stationary Sources and Major Modifications Located in Nonattainment Areas. [120-08-03]
----------------------------------------------------------------------------------------------------------------
5-80-2000...................... Applicability.... 1/1/93........... 4/21/00 65 FR .03A (9/21/99, 64 FR
4/1/99........... 21320. 51047).
* * * * * * *
5-80-2080...................... Compliance 1/1/93........... 4/21/00 65 FR .03I (9/21/99, 64 FR
determination 4/1/99........... 21320. 51047).
and verification
by performance
testing
* * * * * * *
--------------------------------
Chapter 160 General Conformity Rules 1/24/97
----------------------------------------------------------------------------------------------------------------
5-160-10....................... General.......... 1/1/98........... 1/7/03 [Insert Paragraph 5-160-10 is
Federal Register revised.
page citation].
5-160-20....................... Terms Defined.... 1/1/97........... 1/7/03 [Insert Terms revised--
1/1/98........... Federal Register Emergency.
page citation]. Terms deleted--
Administrative
Process Act,
Confidential
information, Consent
agreement, Consent
order, Emergency
special order, Formal
hearing, Order,
Party, Public
hearing, Special
order, Variance,
Virginia Register
Act.
* * * * * * *
--------------------------------
Chapter 170 Regulation for General Administration
----------------------------------------------------------------------------------------------------------------
Part I Definitions
----------------------------------------------------------------------------------------------------------------
5-170-10....................... Use of Terms..... 1/1/98........... 1/7/03 [Insert Split out from 9 VAC 5-
Federal Register 10-10
page citation].
5-170-20....................... Terms Defined.... 1/1/98........... 1/7/03 [Insert Split out from 9 VAC 5-
Federal Register 10-20 and 5-160-20
page citation]. Terms Added--Public
hearing, Regulation
of the Board.
Terms Revised from 4/
17/95 version--
Consent agreement,
Consent order,
Emergency special
order, Order, Owner,
Person, Pollutant,
Special Order,
Source.
--------------------------------
Part II General Provisons
----------------------------------------------------------------------------------------------------------------
5-170-30....................... Applicability.... 1/1/98........... 1/7/03 [Insert Split out from 9 VAC 5-
Federal Register 20-10
page citation].
5-170-60....................... Availability of 1/1/98........... 1/7/03 [Insert Replaces 9 VAC 5-20-
Information. Federal Register 150 and 5-160-100.
page citation].
--------------------------------
Part V Enforcement
----------------------------------------------------------------------------------------------------------------
5-170-120A.-C.................. Enforcement of 1/1/98........... 1/7/03 [Insert Replaces 9 VAC 5-20-
Regulations, Federal Register 30A.-D. and 5-160-60.
Permits and page citation].
Orders
5-170-130A..................... Right of Entry... 1/1/98........... 1/7/03 [Insert Replaces 9 VAC 5-20-
Federal Register 100.
page citation].
--------------------------------
[[Page 670]]
Part VI Board Actions
----------------------------------------------------------------------------------------------------------------
5-170-150...................... Local Ordinances. 1/1/98........... 1/7/03 [Insert Replaces 9 VAC 5-20-
Federal Register 60.
page citation].
5-170-160...................... Conditions on 1/1/98........... 1/7/03 [Insert Replaces 9 VAC 5-20-
Approvals. Federal Register 110.
page citation].
5-170-170...................... Considerations 1/1/98........... 1/7/03 [Insert Replaces 9 VAC 5-20-
for Approval Federal Register 140.
Actions. page citation].
* * * * * * *
--------------------------------
2 VAC 5 Chapter 480 Regulation Governing the Oxygenation of Gasoline
----------------------------------------------------------------------------------------------------------------
5-480-10....................... Definitions...... 11/1/93; 1/7/03 [Insert VR115-04-28, Sec. 1.
Recodified 4/17/ Federal Register
95. page citation].
* * * * * * *
5-480-30....................... Minimum oxygenate 11/1/93; 1/7/03 [Insert VR115-04-28, Sec. 3.
content. Recodified 4/17/ Federal Register
95. page citation].
5-480-40....................... Nature of 11/1/93; 1/7/03 [Insert VR115-04-28, Sec. 4.
oxygenates. Recodified 4/17/ Federal Register
95. page citation].
5-480-50....................... Record keeping 11/1/93; 1/7/03 [Insert VR115-04-28, Sec. 5.
and transfer Recodified 4/17/ Federal Register
requirements. 95. page citation].
5-480-60....................... Gasoline pump 11/1/93; 1/7/03 [Insert VR115-04-28, Sec. 6.
labeling. Recodified 4/17/ Federal Register
95. page citation].
5-480-70....................... Sampling, testing 11/1/93; 1/7/03 [Insert VR115-04-28, Sec. 7.
and oxygen Recodified 4/17/ Federal Register
content 95. page citation].
calculations
5-480-80....................... Compliance and 11/1/93; 1/7/03 [Insert VR115-04-28, Sec. 8.
enforcement. Recodified 4/17/ Federal Register
95. page citation].
----------------------------------------------------------------------------------------------------------------
* * * * *
3. Section 52.2423 is revised by adding paragraph (r) to read as
follows:
Sec. 52.2423 Approval status.
* * * * *
(r) EPA approves as part of the Virginia State Implementation Plan
the revised references to the documents listed in Chapter 20, Section 9
VAC 5-20-21 (formerly Appendix M), Sections E.4.a.(1), E.4.a.(2), and
E.7.a.(1) through E.7.a.(3), of the Virginia Regulations for the
Control and Abatement of Air Pollution submitted by the Virginia
Department of Environmental Quality on June 22, 1999.
[FR Doc. 03-93 Filed 1-6-03; 8:45 am]
BILLING CODE 6560-50-P