11334 Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations

40 CFR Part 52

[VA059–5016a and VA060–5016a; FRL–

5698–1]

Approval and Promulgation of Air

Quality Implementation Plans; Virginia;

Standards for Volatile Organic

Compound (VOC) Emissions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving two State

Implementation Plan (SIP) revisions

submitted by the Commonwealth of

Virginia. These revisions pertain to

amendments to Virginia’s controls on

sources of volatile organic compound

(VOC) emissions in the Northern

Virginia portion of the Metropolitan

Washington DC serious ozone

nonattainment area and the Richmond

moderate ozone nonattainment area.

These revisions were submitted to

impose additional control measures on

sources of VOC emissions to provide

emissions reductions which are

creditable toward the 15% Rate of

Progress Plan (15% ROP Plan) in the

Northern Virginia portion of the

Metropolitan Washington DC

nonattainment area; and to impose

additional control measures in the

Richmond nonattainment area to reduce

VOC emissions. The intended effect of

today’s action is to approve the

submitted amendments to Virginia’s

rules imposing additional controls on

sources of VOCs because they

strengthen the Virginia SIP and provide

creditable measures upon which

Virginia can rely in the 15% ROP Plan

for Northern Virginia. Additionally,

EPA is taking action in this rulemaking

to approve a renumbering of the revised

Virginia regulations submitted in these

SIP revisions. This action is being taken

under section 110 of the Clean Air Act

(CAA).

DATES: This final rule is effective April

28, 1997, unless within April 11, 1997,

adverse or critical comments are

received. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Comments may be mailed to

David L. Arnold, Chief, Ozone/CO and

Mobile Sources Section, Mailcode

3AT21, 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 and the Virginia Department of

Environmental Quality, 629 East Main

Street, Richmond, Virginia, 23219.

FOR FURTHER INFORMATION CONTACT:

Kristeen Gaffney, (215) 566–2092, or via

e-mail at

gaffney.kristeen@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

Section 182(b)(1) of the CAA requires

ozone nonattainment areas with

classifications of moderate and above to

develop plans to reduce area-wide VOC

emissions by 15 percent from a 1990

baseline. These 15% Rate of Progress

(ROP) Plans were to be submitted by

November 15, 1993 and the reductions

were required to be achieved within 6

years of enactment or November 15,

1996.

This rulemaking addresses two SIP

revisions submitted by the

Commonwealth of Virginia. The first

revision, submitted on April 22, 1996,

consists of two new regulations and

revisions to previously SIP-approved

State regulations to regulate sources of

volatile organic compounds (VOCs). The

second SIP revision also addressed in

this rulemaking, submitted by the

Virginia Department of Environmental

Quality on April 26, 1996, consists of

revisions to Virginia Regulation 120–

04–40—‘‘Emission Standards for Open

Burning.’’

The amendments to Virginia’s SIP

require reasonably available control

technology (RACT) determinations on

all sources with the theoretical potential

to emit 25 tons per year (TPY) or greater

of VOCs in the Northern Virginia

portion of the Metropolitan Washington

DC nonattainment area. This

amendment lowers the RACT

applicability threshold from the CAA

mandated 50 TPY to 25 TPY in the

Northern Virginia area. The

Commonwealth relies, in part, on the

reductions achieved by lowering the

RACT applicability threshold to satisfy

the Northern Virginia portion of the

15% ROP Plan for the Metropolitan

Washington DC nonattainment area.

These SIP revisions impose additional

VOC reduction measures on graphic arts

processes, lithographic printing

processes, and impose restrictions on

open burning in both the Northern

Virginia portion of the Metropolitan

Washington DC nonattainment area and

in the Richmond nonattainment area.

Elsewhere in today’s Federal Register,

EPA is proposing conditional interim

approval of the 15% ROP Plan for the

Northern Virginia portion of the

Metropolitan Washington DC

nonattainment area. It should be noted

that a redesignation request and

maintenance plan for the Richmond

area are currently pending before EPA.

The reductions achieved by these SIP

revisions in the Richmond area are part

of the maintenance plan portion of the

Commonwealth’s redesignation request

for Richmond. The redesignation

request and maintenance plan

themselves will be the subject of a

separate rulemaking by EPA.

II. Summary of the Virginia Submittals

The April 22, 1996 submittal consists

of revisions to Virginia rule 120–1

‘‘General Definitions’’, rule 120–4–4,

‘‘Emission Standards for General

Process Operations’’, rule 120–4–36,

‘‘Emission Standards for Flexographic,

Packaging Rotogravure, and Publication

Rotogravure Printing Lines’’, and

Appendix S (‘‘Air Quality Programs

Policies and Procedures’’), plus

submittal of new rules 120–4–43

‘‘Emission Standards for Sanitary

Landfills’’ and rule 120–4–45,

‘‘Emission Standards for Lithographic

Printing Processes’’. Please note that

EPA is not taking action on rule 120–4–

43 ‘‘Emission Standards for Sanitary

Landfills,’’ (renumbered to be Article

43, Rule 4–43, 9 VAC 5–40–5800) in this

direct final rulemaking. That revision to

the Virginia SIP will be the subject of a

separate rulemaking. The April 26, 1996

SIP revision consists of revisions to

Virginia regulation 120–04–40,

‘‘Emission Standards for Open

Burning.’’

The Commonwealth of Virginia is in

the process of renumbering its

Regulations for the Control and

Abatement of Air Pollution. The

regulations submitted for revision as

part of this review have been

renumbered and adopted by the

Commonwealth as follows:

Virginia regulation Former rule number Revised rule number

General Definitions ................................................................................... VA 120–01–01 ........................................... 9 VAC 5–10–10.

VA 120–01–02 ........................................... 9 VAC 5–10–20.

General Process Operations .................................................................... VA 120–04–04 ........................................... 9 VAC 5–40–240–420.

Flexographic and rotogravure printing ..................................................... VA 120–04–36 ........................................... 9 VAC 5–40–5060–5190.
Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations 11335

Virginia regulation Former rule number Revised rule number

Open Burning ........................................................................................... VA 120–04–40 ........................................... 9 VAC 5–40–5600–5640.

Lithographic Printing ................................................................................. VA 120–04–45 ........................................... 9 VAC 5–40–7800–7940.

While the purpose of this rulemaking

is to act upon the SIP revisions as

meeting the requirements of the CAA

and achieving reductions creditable for

the 15% ROP Plan, EPA is also taking

action to approve of the renumbering of

the above regulations in today’s

rulemaking and incorporating them in

the Virginia SIP. Please note that

throughout the rest of this rulemaking,

the rules will be referred to by the

newly revised numbering scheme.

The SIP revision submitted by the

Commonwealth on April 22, 1996, also

contains revisions to the requirements

for sources of nitogen oxides (NOX) in

section 9 VAC 5–40–310 (formerly

numbered 120–04–0408). Virginia’s rule

to impose RACT on major stationary

NOX sources in Northern Virginia was

originally submitted as a SIP revision to

EPA on November 9, 1992. EPA has not

yet taken final rulemaking action on this

SIP revision. The Commonwealth’s

April 22, 1996 submittal revises section

9 VAC 5–40–310 from the version of the

rule originally submitted to EPA on

November 9, 1992. EPA is currently

evaluating the combined revisions

submitted by the Commonwealth to

impose RACT on major stationary

sources of NOX, and shall take action on

section 9 VAC 5–40–310 in a separate

rulemaking notice.

III. Detailed Description of the SIP

Revisions

A. Revisions to 9 VAC 5–10–20 ‘‘General

Definitions’’

Definitions were added for ‘‘Federally

enforceable’’, ‘‘Implementation plan’’;

‘‘Potential to Emit’’ and ‘‘State

enforceable’’; and definitions were

revised for ‘‘Administrator’’ and

‘‘Volatile organic compound’’.

B. Revisions to Article 4 ‘‘Emission

Standards for General Process

Operations’’ (Rule 4–4), Subsection 9–

VAC 5–40–300 ‘‘Standard for Volatile

Organic Compounds’’

Subsection 9–VAC 5–40–300 applies

to any facility with the theoretical

potential to emit 25 tpy or greater of

VOCs that is not already subject to a SIP

regulation developed pursuant to a

federal Control Technique Guideline

(CTG) or to any other federally approved

SIP RACT rule. The CAA requires RACT

for all major stationary sources (defined

in serious ozone nonattainment areas as

sources emitting 50 tons per year) of

VOCs in nonattainment areas not

otherwise covered by a CTG-based SIP

regulation. Section 5–40–300 meets this

requirement and requires sourcespecific RACT determinations for all

sources meeting the major source

definition not already subject to a CTG

or source category based RACT limit.

In the April 22, 1996 SIP revision, the

applicability threshold has been

lowered from the CAA mandated 50

TPY to 25 TPY in the Northern Virginia

portion of the Metropolitan Washington

DC ozone nonattainment area. The VOC

RACT requirement now applies to all

facilities that are within a stationary

source and have a theoretical potential

to emit 25 tpy or greater in the Northern

Virginia portion of the nonattainment

area. The 15% ROP Plan for the

Northern Virginia portion of the

Metropolitan Washington D.C. area

relies on this control strategy to satisfy

the 15% VOC reduction goal. The

revised Virginia regulation requires

sources with the potential to emit 50 tpy

VOCs or greater in Northern Virginia

and sources with the potential to emit

100 tpy VOCs or greater in Richmond to

meet the CAA-mandated May 31, 1995

RACT compliance deadline. The revised

Virginia regulation requires sources

with the potential to emit equal to or

greater than 25 tpy but less than 50 tpy

in Northern Virginia to comply with

RACT no later than May 31, 1996.

Article 4 ‘‘Emission Standards for

General Process Operations’’ (Rule 4–4),

subsection 9 VAC 5–40–420 ‘‘Permits’’

was clarified by adding that the

‘‘operation’’ of a facility is also an

activity for which a source may be

required to obtain a permit.

C. Article 36 ‘‘Emission Standards for

Flexographic, Packaging Rotogravure,

and Publication Rotogravure Printing

Lines’’ (Rule 4–36)

Rule 4–36 is an existing SIP approved

rule that has been revised to lower the

applicability from 100 tpy to 25 tpy in

the Northern Virginia area, add

applicability to surface coatings other

than printing inks, add alternative

procedures for determining compliance,

add compliance requirements for single

and multiple printing lines and

averaging periods, and clarify certain

terms and provisions.

D. Article 45, ‘‘Emission Standards for

Lithographic Printing Processes’’ Rule

45, All Sections 9 VAC 5–40–7800

Through 9 VAC 5–40–7940

This is a new regulation being added

to Virginia’s SIP to control VOC

emissions from lithographic printing

processes that use a substrate other than

a textile. This rule applies to all nonexempted lithographic printing

processes that use a substrate other than

a textile in the Northern Virginia and

Richmond areas with the theoretical

potential to emit VOCs equal to or

greater than 10 tons per year and 100

tons per year, respectively, for these

areas.

E. Revisions to Virginia regulation Part

IV, ‘‘Emission Standards for Open

Burning’’ Rule 4–40

Effective April 1, 1996 new regulatory

provisions prohibit open burning of

construction waste, debris waste and

demolition waste both on site and in

landfills in the Northern Virginia

portion of the Metropolitan Washington

DC ozone nonattainment area during the

peak ozone season, the months of June,

July and August. Effective in January

2000, this ban will extend to the

Richmond and Hampton Roads ozone

nonattainment areas.

F. Revisions to Appendix S ‘‘Air Quality

Program Policies and Procedures’’

Appendix S describes materials

available to the public on the

Commonwealth’s procedures and

guidelines for meeting certain VOC

regulations. Revisions being approved

today include administrative changes to

I.D and II.C; and revisions to AQP–3

‘‘Procedures For the Measurement of

Capture Efficiency For Determining

Compliance With Volatile Organic

Compound Emission Standards

Covering Surface Coating Operations

and Graphic Arts Printing Processes

(Flexographic, Packaging Rotogravure,

and Publication Rotogravure Printing

Lines)’’.

IV. Final Action

EPA is approving the April 22, 1996

and April 26, 1996 SIP revisions

submitted by the Commonwealth of

Virginia as revisions to the Virginia SIP

except for rule 9 VAC 5–40–5800,

pertaining to sanitary landfills, and

section 9 VAC 5–40–310, pertaining to
11336 Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations

sources of NOX, for the reasons

discussed in this notice. EPA is

approving the SIP revisions, as

discussed in this notice, because they

satisfy CAA requirements and comport

with all applicable federal policies and

guidance.

EPA is approving these revisions

without prior proposal because the

Agency views them as noncontroversial

amendments and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, EPA is proposing to

approve these SIP revisions should

adverse or critical comments be filed.

This action will be effective April 28,

1997 unless, by April 11, 1997, adverse

or critical comments are received. If

EPA receives such comments, this

action will be withdrawn before the

effective date by publishing a

subsequent document 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 April 28, 1997.

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.

VI. Administrative Requirements

A. Executive Order 12866

This action has been classified as a

Table 3 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 a July 10,

1995 memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget (OMB) has exempted this

regulatory action from E.O. 12866

review.

B. Regulatory Flexibility Act

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, EPA

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).

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted 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 General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by section

5 U.C.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action to approve revisions to the

Virginia SIP must be filed in the United

States Court of Appeals for the

appropriate circuit by May 12, 1997.

Filing a petition for reconsideration by

the Regional 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 approve revisions to the

Virginia SIP to control VOCs 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, Ozone.

Dated: February 25, 1997.

Stanley L. Laskowski,

Acting Regional Administrator, Region III.

40 CFR part 52, subpart VV 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. 7401–7671q.

Subpart VV—Virginia

2. Section 52.2420 is amended by

adding paragraphs (c)(113) and (c)(114)

to read as follows:

§ 52.2420 Identification of plan.

* * * * *

(c) * * *

(113) Revisions to the Virginia State

Implementation Plan submitted April

22, 1996 by the Virginia Department of

Environmental Quality.

(i) Incorporation by reference.

(A) Letter of April 22, 1996 from the

Virginia Department of Environmental

Quality transmitting revisions to

Virginia’s State Implementation Plan,

pertaining to regulations to control

sources of volatile organic compounds

(VOC).

(B) Revisions to the following Virginia

regulations adopted by the Virginia
Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations 11337

State Air Pollution Control Board on

December 19, 1995 and effective April

1, 1996:

(1) Added Definitions to 9–VAC 5–

10–20 (General Definitions) (Former SIP

Section 120–01–02)—‘‘Federally

enforceable’’, ‘‘Implementation plan’’,

‘‘Potential to Emit’’, and ‘‘State

enforceable’’; and revised definitions to

9–VAC 5–10–20 for ‘‘Administrator’’

and ‘‘Volatile organic compound’’.

(2) Revisions to Article 4, Rule 4–4,

‘‘Emission Standards for General

Process Operations’’ (Former SIP

Citation—Part IV, Rule 4–4), sections 9

VAC 5–40–300A. (citation only), B., and

C. (Former SIP Sections 120–04–0407A.,

B, and C).

(3) Revisions to Article 4, Rule 4–4,

section 9–VAC 5–40–420 (Former SIP

Section 120–04–0419)—Introductory

paragraph and paragraphs 5–40–420.1

through .5 are revised, while paragraph

5–40–420.6 is added.

(4) Revisions to Article 36, Rule 4–36

‘‘Emission Standards for Flexographic,

Packaging Rotogravure, and Publication

Rotogravure Printing Lines’’ (former Part

IV, Rule 4–36), sections 9 VAC 5–40–

5060, subsections A., B. (citation only),

C., and E.1 and .2 (Former SIP sections

120–04–3601.A. through D.1 and D.2);

additions of sections 9 VAC 5–40–

5060.D and .E.3.

(5) Revisions to Article 36, Rule 4–36,

sections 9 VAC 5–40–5070.A., B.

(citations only), (Former SIP section

120–04–3602.A., B.); C. (revised

definitions for ‘‘Flexographic printing’’,

‘‘High-solids ink or surface coating’’,

‘‘Low-solvent ink or surface coating’’,

‘‘Packaging rotogravure printing’’,

‘‘Printing’’, ‘‘Publication rotogravure

printing’’, ‘‘Waterborne ink or surface

coating’’ and added definitions for

‘‘Compliant ink or surface coating’’,

‘‘Cleaning solutions’’, ‘‘Electrostatic

duplication’’, ‘‘Letterpress printing’’,

‘‘Lithographic printing’’, ‘‘Noncompliant ink or surface coating’’,

‘‘Printing Line’’, ‘‘Surface coating’’ and

‘‘Web’’; deletion of ‘‘Roll printing’’)

(Former SIP section 120–04–3602.C.).

(6) Revisions to Article 36, Rule 4–36,

Sections 9 VAC 5–40–5080.A. (Former

SIP section 120–04–3603.A.); Addition

of Section 9 VAC 5–40–5080.B.;

Deletion of SIP Sections 120–04–

3603.B., C.; Revisions to Sections 9 VAC

5–40–5130.A., B. (Former SIP sections

120–04–3609.A., B.); Addition of

Sections 9 VAC 5–40–5130.C., D., E.;

Revisions to Section 9 VAC 5–40–

5140.A. (Former SIP section 120–04–

3610.A.); Addition of Section 9 VAC 5–

40–5140.B.; Revisions to Sections 9

VAC 5–40–5190 (Former SIP Section

120–04–3615)—Introductory paragraph

and paragraphs 5–40–5190.1 through .5

are revised, while paragraph 5–40–

5190.6 is added.

(7) Revised citations of Article 36,

Rule 4–36, Sections 9 VAC 5–40–5090,

5–40–5100, 5–40–5150, 5–40–5160, 5–

40–5170 and 5–40–5180 (SIP Sections

120–04–3605, 120–04–3606, 120–04–

3611, 120–04–3612, 120–04–3613, and

120–04–3614 respectively).

(8) Addition of Article 45, ‘‘Emission

Standards for Lithographic Printing

Processes’’ (Rule 4–45), Sections 9 VAC

5–40–7800 through 9 VAC 5–40–7850

inclusive; Sections 9 VAC 5–40–7880

through 9 VAC 5–40–7940 inclusive.

(9) Revisions to Appendix S (‘‘Air

Quality Program Policies and

Procedures’’), sections I.D and II.C.

(10) Revisions to AQP–3 ‘‘Procedures

For the Measurement of Capture

Efficiency For Determining Compliance

With Volatile Organic Compound

Emission Standards Covering Surface

Coating Operations and Graphic Arts

Printing Processes (Flexographic,

Packaging Rotogravure, and Publication

Rotogravure Printing Lines)’’.

(ii) Additional material.

(A) Remainder of April 22, 1996

Commonwealth submittal pertaining to

regulations 4–4, 4–36, 4–45 and

Appendix S.

(114) Revisions to the Virginia State

Implementation Plan submitted April

26, 1996 by the Virginia Department of

Environmental Quality.

(i) Incorporation by reference.

(A) Letter of April 26, 1996 from the

Virginia Department of Environmental

Quality transmitting revisions to

Virginia’s State Implementation Plan.

(B) Revisions to the following Virginia

regulation adopted by the Virginia State

Air Pollution Control Board on

December 19, 1995 and effective April

1, 1996:

(1) Revisions to Article 40, Rule 4–40

‘‘Emission Standards for Open Burning’’

[former Part IV, Rule 4–40], Sections 9

VAC 5–40–5600.A.(all revisions) and B.

(citation only) (Former SIP Sections 12–

04–4001.A. and .B.) Addition of Section

9 VAC 5–40–5600.C.

(2) Revisions to Article 40, Rule 4–40,

Sections 9 VAC 5–40–5610.A.and B.

(citations only) (Former SIP Sections

120–04–4002.A. and B.); revised citation

for the definitions ‘‘refuse’’ and

‘‘household refuse’’ in Section 5–40–

5610.C. (Former SIP Section 120–04–

4002.C.), added definitions in Section

5–40–5610.C for ‘‘Clean burning waste’’,

‘‘Landfill’’, ‘‘Local landfill’’, ‘‘Sanitary

landfill’’ and ‘‘Special incineration

device’’.

(3) Addition of Sections 9 VAC 5–40–

5620 (Open Burning Prohibitions), 9

VAC 5–40–5630 (Permissible Open

Burning), and 9 VAC 5–40–5640

(Waivers).

(4) Revisions to Appendix D (Forest

Management and Agricultural

Practices), Sections II (introductory

sentence), II.E. and III.F.

(ii) Additional material.

(A) Remainder of April 22, 1996

Commonwealth submittal pertaining to

regulation 4–40.

[FR Doc. 97–6079 Filed 3–11–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[VA068–5018a, VA066–5018a; FRL–5688–8]

Approval and Promulgation of Air

Quality Implementation Plans;

Designation of Areas for Air Quality

Planning Purposes; Virginia;

Redesignation to Attainment of the

Hampton Roads Ozone Nonattainment

Area, Approval of the Maintenance

Plan and Mobile Emissions Budget

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a

redesignation request and two State

Implementation Plan (SIP) revisions

submitted by the Commonwealth of

Virginia. On August 27, 1996, the

Commonwealth of Virginia submitted a

request to redesignate the Hampton

Roads marginal ozone nonattainment

area to attainment and a maintenance

plan as a SIP revision. This request is

based upon three years of complete,

quality-assured ambient air monitoring

data for the area which demonstrate that

the National Ambient Air Quality

Standard (NAAQS) for ozone has been

attained. On August 29, 1996 Virginia

submitted a second SIP revision

establishing the mobile emissions

budget (also known as a motor vehicle

emissions budget) for the Hampton

Roads ozone nonattainment area. The

SIP revisions establish a maintenance

plan for Hampton Roads including

contingency measures which provide

for continued attainment of the ozone

NAAQS until the year 2008; and adjust

the motor vehicle emissions budget

established in the maintenance plan for

Hampton Roads to support the area’s

transportation plans in the horizon

years 2015 and beyond. Under the Clean

Air Act (the Act), nonattainment areas

may be redesignated to attainment if

sufficient data are available to warrant

the redesignation and the area meets the

Act’s other redesignation requirements.

The intended effect of this action is to

approve the redesignation request, the