[Federal Register Volume 59, Number 73 (Friday, April 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9103]
[[Page Unknown]]
[Federal Register: April 15, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[VA19-1-6266; FRL-4860-4]
Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Virginia-Oxygenated Gasoline Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Virginia. This revision establishes
and requires the implementation of an Oxygenated Gasoline Program in
one control area which includes: the Virginia counties within the
Washington, DC Metropolitan Statistical Area (MSA) consisting of
Arlington, Fairfax, Loudoun, Prince William, and Stafford, and the
Virginia cities within the Washington, DC MSA consisting of Alexandria,
Fairfax, Falls Church, Manassas, and Manassas Park. The intended effect
of this action is to approve these regulations to satisfy the
requirements of the Clean Air Act as amended by the Clean Air Act
Amendments of 1990 (the Act). This action is being taken under section
110 of the Clean Air Act.
EFFECTIVE DATE: This final rule will become effective on May 16, 1994.
ADDRESSES: 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; Air and Radiation Docket & Information Center, Environmental
Protection Agency, 401 M Street, SW., Washington, DC 20460; and
Virginia Department of Environmental Quality, 629 East Main Street,
Richmond, Virginia, 23219.
FOR FURTHER INFORMATION CONTACT: Catherine L. Magliocchetti, (215) 597-
6863.
SUPPLEMENTARY INFORMATION: On October 26, 1993, (58 FR 57573), EPA
published a notice of proposed rulemaking (NPR) for the Commonwealth of
Virginia. The NPR proposed approval of an Oxygenated Gasoline Program
in the Commonwealth of Virginia. The Commonwealth submitted a SIP
revision for parallel processing on November 13, 1992. The formal SIP
revision was submitted by the Commonwealth of Virginia on November 1,
1993.
Specific requirements of the Oxygenated Gasoline Program and the
rationale for EPA's proposed action are explained in the NPR and will
not be restated here. No public comments were received on the NPR.
Final Action
EPA is approving the SIP revision to add VR 115-04-28, submitted by
the Commonwealth of Virginia on November 1, 1993, which implements an
Oxygenated Gasoline Program in the Commonwealth.
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.
This action has been classified as a Table 2 action for signature
by the Acting Regional Administrator under the procedures published in
the Federal Register on January 19, 1989 (54 FR 2214-2225). However, in
an October 4, 1993 memo, the Acting Assistant Administrator for Air and
Radiation, Michael H. Shapiro, revised these SIP tables so that Table 2
final actions on which no adverse comments were received on the
proposed rule may be delegated to Table 3 actions. No comments were
received concerning this action, therefore, under the new guidelines
this final action may be classified as a Table 3 action. On January 6,
1989, the Office of Management and Budget (OMB) waived Table 2 and
Table 3 SIP revisions 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 is still applicable 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 to approve Virginia's Oxygenated
Gasoline Program must be filed in the United States Court of Appeals
for the appropriate circuit by June 14, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: March 21, 1994.
Stanley L. Laskowski,
Acting 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-Commonwealth of Virginia
2. Section 52.2420 is amended by adding paragraph (c)(100) to read
as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
(100) Revisions to the Commonwealth of Virginia Regulations
Oxygenated Gasoline Program regulations submitted on November 1, 1993
by the Department of Environmental Quality, formerly the Virginia
Department of Air Pollution Control: Effective date November 1, 1993.
(i) Incorporation by reference.
(A) Letter of November 1, 1993 from the Department of Environmental
Quality transmitting Oxygenated Gasoline Program regulations.
(B) Addition of VR 115-04-28 Regulation Governing the Oxygenation
of Gasoline.
(ii) Additional materials.
(A) Remainder of November 13, 1992 and November 1, 1993 State
submittals.
[FR Doc. 94-9103 Filed 4-14-94; 8:45 am]
BILLING CODE 6560-50-F
