[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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  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