[Federal Register Volume 65, Number 195 (Friday, October 6, 2000)]
[Rules and Regulations]
[Pages 59727-59732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25470]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VA088-5051a; FRL-6880-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Revised 15% Plan for Northern Virginia Portion of the 
Metropolitan Washington, DC Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is converting its conditional interim approval of a State 
Implementation Plan (SIP) revision submitted by the Commonwealth of 
Virginia (the ``Commonwealth'') to a full approval. This revision 
satisfies the 15 percent rate of progress (ROP) plan (the 15% plan) 
requirements of the Clean Air Act (the Act) for the Northern Virginia 
portion of the Metropolitan Washington, DC ozone nonattainment area 
(the Washington area). The intended effect of this action is to convert 
the conditional interim approval to a full approval because the 
Commonwealth has fulfilled the conditions listed in EPA's conditional 
interim approval of the original 15% plan for the Northern Virginia 
portion of the Washington area.

DATES: This direct final rule is effective on November 20, 2000 without 
further notice, unless EPA receives adverse comment by November 6, 
2000. If adverse comment is received, EPA 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: Comments may be mailed to David L. Arnold, Chief, Ozone and 
Mobile Sources Branch, Mailcode 3AP21, 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:

Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103;
Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, 401 M Street, SW, Washington, DC 20460; and
Virginia Department of Environmental Quality, 629 East Main Street, 
Richmond, Virginia, 23219.

    Persons interested in examining these documents should schedule an 
appointment with the contact person (listed below) at least 24 hours 
before the visiting day.

FOR FURTHER INFORMATION CONTACT: Janice Lewis, (215) 814-2185, at the

[[Page 59728]]

EPA Region III address above, or by 
e-mail at <a href="/cdn-cgi/l/email-protection#f39f96849a80dd99929d9a9096b3968392dd949c85"><span class="__cf_email__" data-cfemail="640801130d174a0e050a0d0701240114054a030b12">[email protected]</span></a>. Please note that while questions may be 
submitted via e-mail, any comments on the rulemaking action must be 
submitted, in writing, to the address listed above.

SUPPLEMENTARY INFORMATION:

I. Background

    On April 14, 1998, the Virginia Department of the Environmental 
Quality (DEQ) submitted a revision to its SIP for the Washington area. 
The revision consists of an amended plan to achieve a 15% reduction 
from 1990 base year levels in volatile organic compound (VOC) 
emissions. On June 24, 1997 (62 FR 33999), EPA granted conditional 
interim approval of Virginia's original 15% plan for the Northern 
Virginia portion of the Washington area. Virginia's revisions to its 
15% plan were made to satisfy the conditions imposed by EPA in the June 
24, 1997 conditional interim approval. The interim part of the June 24, 
1997 (62 FR 33999) conditional interim approval was related to the 
implementation of Virginia's Enhanced I/M program. On September 1, 1999 
(64 FR 47670), EPA published a direct final rule converting its May 15, 
1997 (62 FR 26745) final conditional interim approval of the Virginia 
Enhanced I/M program to a full approval, thus removing the interim 
status. This was done because EPA determined that all of the conditions 
of its May 15, 1997 conditional interim approval of the Enhanced I/M 
SIP had been satisfied by the Commonwealth.
    The Metropolitan Washington D.C. ozone nonattainment area consists 
of the District of Columbia, five counties in Maryland, and in Northern 
Virginia, the counties of Arlington, Fairfax, Loudoun, Prince William 
and Stafford and the cities of Alexandria, Falls Church, Manassas, 
Manassas Park and Fairfax.
    The Commonwealth of Virginia, State of Maryland and the District of 
Columbia in conjunction with municipal planning organizations 
collaborated on a coordinated 15% plan for the entire Washington area 
(regional 15% plan). This was done under the auspices of the regional 
air quality planning committee, the Metropolitan Washington Air Quality 
Committee (MWAQC), and with the assistance of the local municipal 
planning organization, the Metropolitan Washington Council of 
Governments (MWCOG), to ensure coordination of air quality and 
transportation planning. Although the plan was developed by a regional 
approach, each jurisdiction is required to submit the 15% plan to EPA 
for approval as a revision to its SIP. Because the reasonable further 
progress requirements such as the 15% plan affect transportation 
improvement plans, municipal planning organizations have historically 
been heavily involved in air quality planning in the Washington area.
    As explained in further detail below, the regional 15% plan 
determined the regional target level, regional projections of growth 
and finally the total amount of creditable reductions required to meet 
the 15% reasonable further progress requirement for the entire 
Washington area. Maryland, Virginia and the District agreed to 
apportion this total amount of required creditable reductions among the 
three jurisdictions. EPA is taking action today only on Virginia's 
revised 15% plan submittal for the Washington area, having already 
granted full approvals of both the District's and Maryland's 15% plans 
for their portions of the Washington area on August 5, 1999 (64 FR 
42600) and July 19, 2000 (65 FR 44686), respectively. This rulemaking 
is being taken to convert the June 24, 1997 conditional interim 
approval of Virginia's 15% plan for the Washington area to a full 
approval based upon EPA's determination that the Commonwealth has 
fulfilled the conditions imposed in that conditional interim approval.

A. Base Year Emission Inventory

    The baseline from which states must determine the required 
reductions for 15% planning is the 1990 base year emission inventory. 
The inventory is broken down into several emissions source categories: 
stationary point, area, on-road mobile sources, and off-road mobile 
sources. The base year inventory includes emissions of all sources 
within the nonattainment area and certain large point sources within 
twenty-five miles of the boundary. A subset of the 1990 base year 
inventory is the 1990 rate-of-progress (ROP) inventory which includes 
only anthropogenic (man-made) emissions actually within the 
nonattainment area boundaries. EPA approved this base year inventory 
SIP revision for the entire Washington area on July 8, 1998 (63 FR 
36854).

B. Growth in Emissions Between 1990 and 1996

    EPA has interpreted the Act to require that reasonable further 
progress towards attainment of the ozone standard must be obtained 
after offsetting any growth expected to occur over that period. 
Therefore, to meet the 15% reasonable further progress requirement, a 
state must enact measures achieving sufficient emissions reductions to 
offset projected growth in VOC emissions, in addition to a 15% 
reduction of VOC emissions. A detailed description of the growth 
methodologies used by the Commonwealth is provided in EPA's conditional 
interim approval of Virginia's 15% plan (62 FR 33999, June 24, 1997) 
and in the Technical Support Document (TSD) prepared for that action.
    The one area of concern relating to growth projections in the 
original 15% plan was related to the point source inventory. Condition 
1 of the June 24, 1997 (62 FR 33999) conditional interim approval 
required that Virginia revise its plan to properly account for growth 
in point sources between 1990 and 1996. EPA's analysis of the revised 
15% plan supports removal of this condition, since Virginia used the 
appropriate methodology in reappraising its point source inventory 
growth between 1990 and 1996. EPA here notes that the revised 15% plan 
has a point source inventory number that differs from Virginia's SIP 
approved inventory--8.1 tons per day (tpd) in the revised 15% plan 
submittal versus 8.3 tpd in the approved inventory. EPA is not revising 
the SIP approved inventory by this action. The 8.1 tpd number is 
acceptable for use in the revised 15% plan, as the discrepancy serves 
to lower the 15% plan's target level, thus making the plan's VOC 
reductions more restrictive than required if one were to use the 
approved inventory numbers. EPA is approving the Commonwealth of 
Virginia's 1990-1996 emissions growth projections in its revised 15% 
plan.

C. Enhanced Vehicle Inspection and Maintenance (I/M) Program

    Condition 2 of EPA's conditional interim approval of the original 
15% plan required the Commonwealth to meet the conditions EPA imposed 
in its May 15, 1997 conditional interim approval of Virginia's enhanced 
motor vehicle inspection and maintenance 
(I/M) program. Virginia was also required to remodel the I/M benefits 
claimed in the 15% plan using the following two EPA guidance memoranda: 
Date by which States Need to Achieve all the Reductions Needed for the 
15 Percent Plan from I/M and Guidance for Recalculation, from John 
Seitz and Margo Oge dated August 13, 1996, and Modeling 15% VOC 
Reductions from 
I/M in 1999--Supplemental Guidance, from Gay MacGregor and Sally Shaver 
dated December 23, 1996.
    The Commonwealth has remedied condition 2 imposed in the 
conditional interim approval of its original 15% plan. On September 1, 
1999 (64 FR 47670), EPA published a direct final

[[Page 59729]]

rule converting its May 15, 1997 (62 FR 26745) final conditional 
interim approval of the Virginia enhanced I/M SIP revision to a full 
approval. This was done because EPA determined that all of the 
conditions of the May 15, 1997 conditional interim approval of the 
enhanced I/M SIP had been satisfied by the Commonwealth. Further, EPA 
has determined that Virginia appropriately remodeled the I/M benefits 
of the program, and that there are no adverse affects on the 15% plan 
due to this remodeling.

D. Target Level Emissions/Emission Reductions Needs

    As part of the conditional interim approval of its original 15% 
plan, Virginia was also required to remodel to determine affirmatively 
the creditable reductions from reformulated gasoline (RFG) and the Tier 
1 Federal Motor Vehicle Control Program (FMVCP) in accordance with EPA 
guidance. Virginia was required to remodel the benefits of enhanced I/
M, RFG and Tier 1 under the revised plan to compare the mobile source 
target level in 1999 versus the target level for mobile sources which 
was determined for the original plan.
    EPA concurs with the remodeling demonstration submitted as part of 
the revised 15% plan, and with the revised mobile source target level 
calculation. Virginia's portion of the corrected target level is 163.8 
tpd.
    The regional 15% plan calculates a target level of emissions to 
meet the 15% reasonable further progress requirement over the entire 
nonattainment area. The regional 15% plan contains a projection of 
emissions growth from 1990 to 1996 and, in effect, apportions among 
Virginia, Maryland and the District of Columbia (the three 
jurisdictions) the amount of creditable emission reductions that each 
jurisdiction must achieve in order for the entire nonattainment area to 
achieve a 15% reduction in VOC emissions net of growth. Each 
jurisdiction then adopted the regional plan, which identified the 
amount of creditable emission reductions which that jurisdiction must 
achieve for the regional plan to get a 15% reduction accounting for any 
growth. The regional plan calculated the ``target level'' of 1996 VOC 
emissions, in accordance with applicable EPA guidance.
    EPA has interpreted section 182(b) of the Act to require that the 
base year VOC emission inventory be adjusted to account for reductions 
in VOC emissions that would have occurred from the pre-1990 FMVCP and 
Reed Vapor Pressure (RVP) programs. To meet EPA's applicable guidance 
on this requirement, the regional plan contains a calculation of the 
reductions occurring between 1990 and 1996 from the pre-1990 Tier 0 
FMVCP and RVP programs and the result of subtracting these reductions 
from the 1990 ROP inventory. The net result of this calculation yielded 
the ``1990 base year inventory adjusted to 1996''.
    Virginia's 15% plan relies upon reductions from its revised 
enhanced I/M program to achieve the required 15% level as soon after 
November 15, 1996 as practicable, but not later than 1999. Under EPA's 
applicable guidance for 15% plans that rely upon reductions from 
enhanced I/M after 1996, the target level must also take into account 
the effects of the pre-1990 Tier 0 FMVCP on 1990 emissions due to 
turnover in vehicles between 1996 and 1999. Therefore, to meet EPA's 
applicable guidance for this requirement, Virginia's 15% plan contains 
a calculation of the non-creditable reductions from the pre-1990 Tier 0 
FMVCP and RVP programs between 1990 and 1999 and the result of 
subtracting these reductions from the 1990 ROP inventory. The result of 
this calculation yielded the ``1990 base year inventory adjusted to 
1999.'' Virginia's 15% plan clearly identifies the difference between 
the ``1990 base year inventory adjusted to 1996'' and ``1990 base year 
inventory adjusted to 1999'' as the ``fleet turnover correction'' (FTC) 
necessary to meet EPA's guidance.
    In its plan, Virginia calculates a ``base'' 1996 VOC target level 
as 85% of the ``1990 adjusted base year inventory for 1996.'' In 
accordance with EPA's guidance, as discussed above, Virginia subtracts 
the FTC from the ``base'' 1996 VOC target level to yield a ``final'' 
1996 VOC target level for the 15% plan. In Table 1 below, we have 
provided a summary of the calculations for the 1996 VOC target level 
for the entire Washington area.

          Table 1.--Required Reductions for the Metropolitan Washington, DC Nonattainment Area 15% Plan
                                                 [Tons per day]
----------------------------------------------------------------------------------------------------------------
                     Metropolitan Washington, DC nonattainment area target level calculation
-----------------------------------------------------------------------------------------------------------------
                                                                                                      Washington
                                Item                          District of    Maryland     Virginia    D.C. Area
                                                                Columbia                                Totals
----------------------------------------------------------------------------------------------------------------
    1  1990 ROP Inventory...................................         60.3        241.7        226.5        528.5
    2  1990 Adjusted Base Year Inventory adjusted to 1996...         51.2        215.1        196.8        463.1
    3  1990 Adjusted Base Year Inventory adjusted to 1999...         49.9        210.9        193.3        454.1
    4  FTC Adjustment (Line 2 minus Line 3).................          1.3          4.2          3.5          9.0
    5  Base 1996 target Level = 85% of Line 2 (0.85  x  Line         43.5        182.8        167.3        393.6
        2)..................................................
    6  Final 1996 Regional Target Level (Line 5 minus Line           42.2        178.6        163.8        384.6
        4)..................................................
    7  Projected 1996 Uncontrolled Emissions................         48.5        234.7        219.4        502.4
    8  Required Regional Emission Reductions (Line 8 minus    ...........  ...........  ...........        117.8
        Line 7)*............................................
    9  Apportioned State Emission Reductions*...............          8.5         57.5         51.8       117.8
----------------------------------------------------------------------------------------------------------------
 *The small discrepancy between values is due to rounding the apportioned emission reductions to the nearest
  tenth.

    The emission reductions required to meet the 15% reasonable further 
progress requirement equals the difference between the projected 1996 
emissions under the current control strategy (the 1996 uncontrolled 
emissions) and the target level. This amount of emission reductions 
reflects a 15% reduction from the adjusted base year inventory and any 
reductions necessary to offset emissions growth projected to occur 
between 1990 and 1996. The Washington area's regional VOC target level 
is 384.6 tpd. EPA has determined that this regional target level and 
the emission reduction needed for the Washington area have been 
properly calculated in accordance with EPA guidance.
    The three Washington area jurisdictions agreed to apportion the 
amount of emission reductions needed for the entire area to achieve the 
15% reduction among themselves. This

[[Page 59730]]

apportionment is also shown in Table 1 above. Virginia's share is 51.8 
tpd.

E. Reasonable Further Progress

    The final condition for full approval of the 15% plan was for 
Virginia to demonstrate, using appropriate documentation methodologies 
and credit calculations, that it had satisfied the 15% plan requirement 
for the Washington area. As part of the revised 15% plan, 
recalculations to the inventory, target level and 15% reduction amounts 
were adjusted. Under the new plan, Virginia's portion of the 15% plan 
requirement decreased from 54.5 tpd to 51.8 tpd.
    EPA agrees with the credit calculation methodology used in the 
revised plan to justify this number. As demonstrated in Chapter 5 of 
the revised plan SIP submittal, appropriate assumptions and calculation 
methodologies were employed, as per EPA guidance, in calculating the 
new figures. EPA therefore concurs that Virginia must achieve at least 
51.8 tpd in creditable emission reductions to demonstrate that Virginia 
has met its 15% VOC reduction requirement for the Washington, DC area.
    EPA believes that in its revised 15% plan the Commonwealth has made 
all the necessary corrections to establish the creditability of 
sufficient control measures to met the 15% VOC reduction requirement. 
Virginia has demonstrated there are sufficient creditable measures in 
the revised 15% plan to achieve at least 54.85 tpd of reductions. This 
54.85 tpd reduction results from either rules promulgated by EPA or 
measures contained in the approved Virginia SIP. Table 2 below 
summarizes the creditable measures from Virginia's 15% plan for the 
Washington area.

    Table 2.--Creditable VOC Reductions in Virginia's 15% Plan for the
             Metropolitan Washington, DC Nonattainment Area
                             [Tons per day]
------------------------------------------------------------------------
                     Creditable reductions
------------------------------------------------------------------------
 Enhanced Inspection and Maintenance.........................      19.50
Tier 1 FMVCP.................................................       6.10
Landfill Controls............................................       0.27
Stage II Recovery Nozzles....................................       6.80
Reformulated Gasoline (on/off road)..........................       9.10
Auto Refinishing.............................................       2.51
AIM--Reformulated Surface Coating............................       5.30
Reformulated Consumer/Commercial Products....................       1.80
Stage I Enhancement..........................................       0.30
VOC RACT > 50 tpy Sources....................................       0.40
Point Sources Controls > 25 tpy Sources......................       0.03
Seasonal Open Burning Ban....................................       2.60
                                                              ----------
    Total Fully Creditable Reductions........................      54.85
------------------------------------------------------------------------

F. Transportation Conformity Budgets

    As is the case with any ROP plan, Virginia's 15% plan for the 
Washington, DC area contains a mobile budget for VOC emissions. By 
approving Virginia's 15% plan, EPA is granting a de facto approval of 
the budget in this plan. However, EPA wishes to clarify that the budget 
in Virginia's 15% plan will not be the applicable budget for any future 
conformity determinations because there are mobile budgets for both VOC 
and nitrogen oxides (NO<INF>X</INF>) that have been found adequate for 
the Washington, DC area that apply in 1999 and all subsequent years. To 
verify which budgets apply in the Washington, DC area, please contact 
the EPA Regional office listed in the ADDRESSES section or consult 
EPA's ``Adequacy Review of SIP Submissions for Conformity'' web page at 
http://www.epa.gov/oms/transp/conform/adequacy.htm.
    EPA's review of this material indicates that Virginia's revised 15% 
plan SIP revision meets the requirements of the Act and applicable EPA 
guidance. EPA is therefore converting its conditional interim approval 
of Virginia's 15% plan to a full approval.
    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 does 
not extend to documents or information that are: (1) 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 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. * * * '' 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.'' Thus, EPA has determined that Virginia's 
Privilege and Immunity statutes will not preclude the Commonwealth from 
enforcing its program consistent with the federal requirements.
    EPA is converting its conditional interim approval of Virginia's 
15% plan to a full approval by this rule without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a

[[Page 59731]]

separate document that will serve as the proposal to convert the 
conditional interim approval to a full approval should adverse or 
critical comments be filed. This rule will be effective November 20, 
2000 without further notice unless the Agency receives adverse comments 
by November 6, 2000. If EPA receives such comments, then EPA will 
publish a document withdrawing the final rule and informing the public 
that the rule will not take effect. All public comments received will 
then be addressed in a subsequent final rule based on the proposed 
rule. EPA will not institute a second comment period on the proposed 
rule. Parties interested in commenting on this action converting the 
conditional approval of the Commonwealth's 15% plan to a full approval 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on November 20, 2000 and no 
further action will be taken on the proposed rule.

II. Final Action

    EPA is converting its conditional interim approval of Virginia's 
15% plan for its portion of the Metropolitan Washington, DC ozone 
nonattainment area to a full approval based upon the evaluation of the 
SIP revision submittal made by Virginia on April 14, 1998 consisting of 
the revised 15% plan for its portion of the Metropolitan Washington, DC 
ozone nonattainment area.

III. 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. 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 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 (Public Law 104-4). For the same 
reason, this rule also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998).
    This rule will 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), because it 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 (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.
    As required by section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), 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.
    EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 
1988) 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 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 November 20, 2000. 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 converting EPA's conditional interim 
approval of Virginia's 15% plan for Metropolitan Washington, D.C. ozone 
nonattainment area to a full approval 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, 
Intergovernmental relations, Ozone, Reporting and recordkeeping 
requirements.

    Dated: September 25, 2000.
Bradley M. Campbell,
Regional Administrator, Region III.


    40 CFR part 52 of chapter I, title 40 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. Section 52.2428 is amended by designating the existing text as 
paragraph (a) and adding paragraph (b) to read as follows:


Sec. 52.2428  Control strategy: Carbon monoxide and ozone.

    (a) * * *
    (b) EPA approves the Commonwealth's 15 Percent Rate of Progress 
Plan for the Virginia portion of the Metropolitan Washington, D.C. 
ozone nonattainment area, submitted by

[[Page 59732]]

the Acting Director of the Virginia Department of the Environmental 
Quality on April 14, 1998.


Sec. 52.2450  [Amended]

    3. Section 52.2450 is amended by removing and reserving paragraph 
(e).

[FR Doc. 00-25470 Filed 10-5-00; 8:45 am]
BILLING CODE 6560-50-P


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