[Federal Register Volume 69, Number 110 (Tuesday, June 8, 2004)]
[Rules and Regulations]
[Pages 31889-31891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12772]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VA133-5066a; FRL-7670-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Revisions to Regulations for General Compliance Activities 
and Source Surveillance; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; correcting amendment.

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SUMMARY: This document corrects errors in the final rule pertaining to 
the chart listing Virginia regulations which EPA has incorporated by 
reference into the Virginia SIP.

EFFECTIVE DATE: June 8, 2004.

FOR FURTHER INFORMATION CONTACT: Kathleen Anderson, (215) 814-2173 or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' or 
``our'' are used we mean EPA. On March 15, 2004 (69 FR 12074), we 
published a final rulemaking action announcing our approval of 
revisions to certain regulations updating requirements related to 
applicability, compliance, testing and monitoring. In that document, we 
inadvertently made incorrect entries to the rule chart in 40 CFR 
52.2420(c). This action corrects the errors, published in the rule 
chart at 69 FR 12078, to the notes found in the ``Explanation [Former 
SIP citation]'' column for entries 5-10-10, 5-10-20, 5-40-20, 5-40-40, 
5-40-50, 5-50-10, 5-50-20, 5-50-40, and 5-40-50. The corrections are 
described in the following table:

------------------------------------------------------------------------
                                                       Description of
             Entry                 Column title          correction
------------------------------------------------------------------------
5-10-10.......................  General..........  Remove ``and added
                                                    new paragraph D''.
5-10-20.......................  Terms Defined....  Add: ``Terms Revised:
                                                    Volatile Organic
                                                    Compounds''.
5-40-20.......................  Compliance.......  Add: ``Revised
                                                    paragraphs I, I.2,
                                                    I.3 and I.4.''
5-40-40.......................  Monitoring.......  Remove D.1 and D.12
                                                    and replace with E.1
                                                    and E.12.
5-40-50.......................  Notifications,     Add: ``Revised
                                 records and        paragraphs C.2 and
                                 reporting.         C.3.''
5-50-10.......................  Applicability....  Replace D with C and
                                                    remove E.
5-50-20.......................  Compliance.......  Replace first
                                                    sentence with
                                                    ``Added new
                                                    paragraph A.2,
                                                    renumbered
                                                    paragraphs A.3
                                                    through A.5 and
                                                    revised paragraph
                                                    A.3.''
5-50-40.......................  Monitoring.......  Replace with
                                                    ``Revised paragraphs
                                                    C and E.1 through
                                                    E.8; Added new
                                                    paragraph E.10.''
5-50-50.......................  Notification,      Replace with
                                 records and        ``Revised paragraphs
                                 reporting.         A.1 through A.4, C,
                                                    C.1 through C.3, D,
                                                    E and F.''
------------------------------------------------------------------------

    This action also revises the date format found in the ``State 
effective date'' column for all of the entries published in the March 
15, 2004 final rulemaking notice. In this correction action, we are 
revising the dates from ``August 1, 2002'' to ``8/1/02.'' We are also 
restoring the entries for 5-40-21, 5-40-22 and 5-40-41, which EPA had 
previously added to the table in paragraph 52.2420(c) on April 21, 2000 
(65 FR 21315), but which were inadvertently removed by EPA's March 15, 
2004 revisions to the entries for 9 VAC 5, Chapter 40, Part I.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. We have determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because we are merely correcting 
an incorrect citation in a previous action. Thus, notice and public 
procedure are unnecessary. We find that this constitutes good cause 
under 5 U.S.C. 553(b)(B).

Statutory and Executive Order Reviews

    Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993), 
this action is not a ``significant regulatory action'' and is therefore 
not subject to review by the Office of Management and Budget. 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)). Because 
the agency has made a ``good cause'' finding that this action is not 
subject to notice-and-comment requirements under the Administrative 
Procedures Act or any other statute as indicated in the Supplementary 
Information section above, it is not subject to the regulatory 
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform 
Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not 
significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of UMRA. This rule also does not 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), nor 
will it have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
governments, as specified by Executive Order 13132 (64 FR 43255, August 
10, 1999). This rule also is not subject to Executive Order 13045 (62 
FR 19885, April 23, 1997), because it is not economically significant.
    This technical correction action does not involve technical 
standards; thus

[[Page 31890]]

the requirements of section 12(d) of the National Technology Transfer 
and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. The rule 
also does not involve special consideration of environmental justice 
related issues as required by Executive Order 12898 (59 FR 7629, 
February 16, 1994). In issuing this rule, EPA has taken the necessary 
steps to eliminate drafting errors and ambiguity, minimize potential 
litigation, and provide a clear legal standard for affected conduct, as 
required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 
1996). EPA has complied with Executive Order 12630 (53 FR 8859, March 
15, 1998) by examining the takings implications of the rule in 
accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order. This rule does not impose an information 
collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.).
    The Congressional Review Act (5 U.S.C. 801 et seq.), as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. 5 U.S.C. 808(2). 
As stated previously, EPA had made such a good cause finding, including 
the reasons therefore, and established an effective date of May 14, 
2004. 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 correction to 40 CFR 52.2420(c) 
for Virginia is not a ``major rule'' as defined by 5 U.S.C. 804(2).

    Dated: May 27, 2004.
James W. Newsom,
Acting Regional Administrator, EPA Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (c) is amended:
0
a. Under Chapter 10 by revising the entry for 5-10-10 and the fifth 
entry for 5-10-20.
0
b. Under Chapter 40 by revising entries 5-40-10, 5-40-20 and 5-40-30, 
5-40-40 and 5-40-50.
0
c. Under Chapter 40 by adding entries 5-40-21, 5-40-22 and 5-40-41.
0
d. Under Chapter 50 by revising entries 5-50-10, 5-50-20, 5-50-30, 5-
50-40 and 5-50-50.


Sec.  52.2420  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Virginia SIP
----------------------------------------------------------------------------------------------------------------
                                                          State                          Explanation [former SIP
    State citation (9 VAC 5)        Title/subject    effective date   EPA approval date         citation]
----------------------------------------------------------------------------------------------------------------
CHAPTER 10.....................                            GENERAL DEFINITIONS [Part I]
5-10-10........................  General...........          8/1/02  3/15/04 69 FR       Revised paragraphs A,
                                                                      12074.              B, C.
 
                                                  * * * * * * *
5-10-20........................  Terms Defined.....          8/1/02  3/15/04 69 FR       Terms Added: EPA,
                                                                      12074.              Initial emissions
                                                                                          test, Initial
                                                                                          performance test (as
                                                                                          corrected 11/05/03 and
                                                                                          effective 01/01/04 in
                                                                                          the Commonwealth),
                                                                                          Maintenance area.
                                                                                         Terms Revised: Affected
                                                                                          facility, Delayed
                                                                                          compliance order,
                                                                                          Excessive
                                                                                          concentration,
                                                                                          Federally enforceable,
                                                                                          Malfunction, Public
                                                                                          hearing, Reference
                                                                                          method, Reid vapor
                                                                                          pressure, Stationary
                                                                                          source, True vapor
                                                                                          pressure, Vapor
                                                                                          pressure, Volatile
                                                                                          organic compounds.
                                                                                         Terms Removed: Air
                                                                                          Quality Maintenance
                                                                                          Area.
 
                                                  * * * * * * *
CHAPTER 40.....................                       EXISTING STATIONARY SOURCES [Part IV]
PART I.........................                                 SPECIAL PROVISIONS
5-40-10........................  Applicability.....          8/1/02  3/15/04 69 FR       Revised paragraphs A,
                                                                      12074.              B, and C; added
                                                                                          paragraph D.
5-40-20 (Except A.4)...........  Compliance........          8/1/02  3/15/04 69 FR       Added new paragraph A.2
                                                                      12074.              and revised renumbered
                                                                                          paragraph A.3; added
                                                                                          new paragraph G,
                                                                                          revised paragraphs H,
                                                                                          H.1, H.1.b through e;
                                                                                          revised paragraphs I,
                                                                                          I.2, I.3 and I.4;
                                                                                          added new paragraph J.
                                                                                          Note: New paragraph
                                                                                          A.4. is not included
                                                                                          in the SIP revision.
5-40-21........................  Compliance                  7/1/97  4/21/00 65 FR       Appendix N.
                                  Schedules.                          21315.
5-40-22........................  Interpretation of           7/1/97  4/21/00 65 FR       Appendix Q.
                                  Emissions                           21315.
                                  Standards Based
                                  on Process eight--
                                  Rate Tables.
5-40-30........................  Emissions Testing.          8/1/02  3/15/00 69 FR       Revised Paragraphs A
                                                                      12074.              and F.1; Note:
                                                                                          Revisions to paragraph
                                                                                          C are not included in
                                                                                          SIP revision.

[[Page 31891]]

 
5-40-40........................  Monitoring........          8/1/02  3/15/00 69 FR       Revised paragraph B,
                                                                      12074.              and E.1; added
                                                                                          paragraph E.12.
5-40-41........................  Emission                    7/1/97  4/21/00 65 FR       Appendix J.
                                  Monitoring                          21315.
                                  Procedures for
                                  Existing Sources.
5-40-50........................  Notification,               8/1/02  3/15/04 69 FR       Added new paragraph
                                  records and                         12074.              A.3; revised
                                  reporting.                                              paragraphs C, C.1, C.2
                                                                                          and C.3., D, E and F.
 
                                                  * * * * * * *
CHAPTER 50.....................                    NEW AND MODIFIED STATIONARY SOURCES [Part V]
PART I.........................                                 SPECIAL PROVISIONS
5-50-10........................  Applicability.....          8/1/02  3/15/04 69 FR       Revised paragraphs B
                                                                      12074.              and C, added paragraph
                                                                                          F.
5-50-20........................  Compliance........          8/1/02  3/15/04 69 FR       Added new paragraph
                                                                      12074.              A.2, renumbered
                                                                                          paragraphs A.3 through
                                                                                          A.5, and revised
                                                                                          paragraph A.3; Added
                                                                                          new paragraph G;
                                                                                          revised paragraphs H,
                                                                                          H.2, H.2a, H.3 and
                                                                                          H.4; added new
                                                                                          paragraph I.
5-50-30........................  Performance                 8/1/02  3/15/04 69 FR       Revised paragraphs A
                                  Testing.                            12074.              and F.1; Note:
                                                                                          Revisions to paragraph
                                                                                          C are not included in
                                                                                          SIP revision.
5-50-40........................  Monitoring........          8/1/02  3/15/04 69 FR       Revised paragraphs C,
                                                                      12074.              and E.1 through E.8;
                                                                                          Added new paragraph
                                                                                          E.10.
5-50-50........................  Notification,               8/1/02  3/15/04 69 FR       Revised paragraphs A.1
                                  records and                         12074.              through A.4, C, C.1
                                  reporting.                                              through C.3, D, E and
                                                                                          F.
 
                                                  * * * * * * *
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[FR Doc. 04-12772 Filed 6-7-04; 8:45 am]
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