[Federal Register Volume 59, Number 201 (Wednesday, October 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25683]
[[Page Unknown]]
[Federal Register: October 19, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[VA20-2-6407; FRL-5082-9]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia: Definition of VOC and Emission Control Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Virginia. This revision consists of
amendments to Virginia's definition of the term volatile organic
compound (VOC) and administrative changes to Virginia's lists of
emission control areas. The effect of this action is to approve these
administrative changes as a revision to the Virginia SIP. This action
is being taken under the Clean Air Act (the Act).
DATES: This final rule will become effective December 19, 1994 unless
notice is received on or before November 18, 1994, that adverse or
critical comments will be submitted. If the effective date is delayed,
timely notice will be published in the Federal Register.
ADDRESSES: Comments may be mailed to Thomas J. Maslany, Director, Air,
Radiation, and Toxics Division, U.S. Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107.
Copies of the documents relevant to this action are available for
public inspection during normal business hours at the Air, Radiation,
and Toxics Division, U.S. Environmental Protection Agency, Region III,
841 Chestnut Building, Philadelphia, Pennsylvania 19107; the Air and
Radiation Docket and Information Center, U.S. Environmental Protection
Agency, 401 M Street, SW., Washington, DC 20460; and the Virginia
Department of Environmental Quality, 629 East Main Street, Richmond,
Virginia 23219.
FOR FURTHER INFORMATION CONTACT: Kathleen Stager, (215) 597-0545, at
the EPA Regional office listed.
SUPPLEMENTARY INFORMATION: On November 4, 1992, the Commonwealth of
Virginia submitted a formal revision to its State Implementation Plan
(SIP). The SIP revision consists of amendments to Virginia's definition
of the term volatile organic compound (VOC), administrative changes to
Virginia's lists of emission control areas, and the addition of a new
emission statement regulation. The portion of Virginia's November 4,
1992 SIP revision submittal pertaining to emission statements is the
subject of a separate rulemaking action.
I. Background
On November 15, 1990, amendments to the 1977 Clean Air Act were
enacted. Under the amended Act, EPA and the States were required to
review the designation of areas and to redesignate areas as
nonattainment for ozone if the air quality data from 1987, 1988, and
1989, indicated that the area was violating the ozone standard. On
November 6, 1991, and November 30, 1992, EPA promulgated designations
pursuant to the amended Act, which expanded the boundaries of the
Washington, DC, Richmond, and Hampton Roads nonattainment areas. 56 FR
56694 and 57 FR 56762. The Washington, DC nonattainment area was
extended to include Stafford County; the Richmond nonattainment area
was expanded to include Charles City County, Colonial Heights County,
Hanover County, and Hopewell County; and the Hampton Roads
nonattainment area was expanded to include James City County, York
County, Poquoson County, and Williamsburg City.
To fully comply with the provisions of the Act relative to Federal
requirements to control VOC and NOX emissions in ozone
nonattainment areas, Virginia is required to expand the geographic
applicability of its VOC and NOx control regulations to conform to
EPA's ozone nonattainment designations. On November 4, 1992, the
Commonwealth of Virginia submitted a SIP revision that defined the VOC
and NOX emission control areas to make them consistent with EPA's
designated nonattainment areas in 40 CFR part 81 as promulgated on
November 6, 1991, and November 30, 1992.
II. EPA Evaluation and Action
The following is EPA's evaluation of the SIP revisions submitted by
the Commonwealth of Virginia. Detailed descriptions of the amendments
addressed in this document, and EPA's evaluation of the amendments, are
contained in the technical support document (TSD) prepared for this
revision. Copies of the TSD are available from the EPA Regional office
listed in the Addresses section of this document.
Commonwealth's Submittal
(1) Section 120-01-02 has been amended to revise the definition of
the term volatile organic compound (VOC) to be consistent with EPA's
definition.
(2) Appendix P, which contained a list of VOC emission control
areas, has been amended to include a list of emission control areas for
oxides of nitrogen (NOX). The NOX emission control areas
correspond to the ozone nonattainment designations which EPA issued in
the Federal Register on November 6, 1991, and November 30, 1992. 56 FR
56694 and 57 FR 56762.
(3) The list of VOC emission control areas in appendix P was
revised to correspond to the ozone nonattainment area designations
which EPA issued in the Federal Register on November 6, 1991, and
November 30, 1992. 56 FR 56694 and 57 FR 56762.
EPA's Evaluation
These amendments are administrative in nature, and will have no
adverse effect on air quality. These amendments are consistent with EPA
requirements, and consequently serve to strengthen the Virginia SIP.
Therefore, they are approvable as a revision to the Virginia SIP.
EPA is approving this SIP revision without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will become
effective December 19, 1994 unless, by November 18, 1994, adverse or
critical comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent notice that will withdraw
the final action. All public comments received will then be addressed
in a subsequent final rule based on this action serving as a proposed
rule. EPA will not institute a second comment period on this action.
Any parties interested in commenting on this action should do so at
this time. If no such comments are received, the public is advised that
this action will be effective on December 19, 1994.
Final Action
EPA is approving amendments to Virginia's definition for the term
VOC and lists of VOC and NOX emission control areas, section 120-
01-02 and appendix P, respectively, as a revision to the Virginia SIP.
The Commonwealth of Virginia submitted these amendments to EPA as a SIP
revision on November 4, 1992.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP approval does not impose any new requirements, the
Administrator certifies that it does not have a significant impact on
any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the CAA, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
This action has been classified as a Table 2 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by
an October 4, 1993, memorandum from Michael H. Shapiro, Acting
Assistant Administrator for Air and Radiation. A future document will
inform the general public of these tables. On January 6, 1989, the
Office of Management and Budget (OMB) waived Table 2 and Table 3 SIP
revisions (54 FR 2222) from the requirements of section 3 of Executive
Order 12291 for a period of two years. The EPA has submitted a request
for a permanent waiver for Table 2 and 3 SIP revisions. The OMB has
agreed to continue the waiver until such time as it rules on EPA's
request. This request continues in effect under Executive Order 12866,
which superseded Executive Order 12291 on September 30, 1993.
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 December 19, 1994. 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 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, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone.
Dated: August 4, 1994.
Peter H. Kostmayer,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart VV--Virginia
2. Section 52.2420 is amended by adding paragraph (c)(102) to read
as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
(102) Revisions to the Virginia State Implementation Plan submitted
on November 4, 1992 by the Virginia Department of Air Pollution
Control.
(i) Incorporation by reference.
(A) Letter of November 4, 1992 from the Virginia Department of Air
Pollution Control transmitting amendments to the Virginia State
Implementation Plan pertaining to Virginia's air quality regulations,
Virginia State Air Pollution Control Board Regulations for the Control
and Abatement or Air Pollution.
(B) The following revisions to Virginia's air quality regulations,
adopted by the Virginia State Air Pollution Control Board on October
30, 1992, effective January 1, 1993:
(1) Amendments to section 120-01-02, the definition for the term
volatile organic compound.
(2) Amendments to appendix P, pertaining to emission control areas.
(ii) Additional material.
(A) Remainder of Virginia's November 4, 1992 State submittal
pertaining to section 120-01-02 and appendix P.
[FR Doc. 94-25683 Filed 10-18-94; 8:45 am]
BILLING CODE 6560-50-F
