[Federal Register Volume 62, Number 48 (Wednesday, March 12, 1997)]
[Rules and Regulations]
[Pages 11334-11337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6079]



[[Page 11334]]

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ENVIRONMENTAL PROTECTION AGENCY
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.

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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 <a href="/cdn-cgi/l/email-protection#41262027272f24386f2a3328323524242f012431202c20282d6f2431206f262e37"><span class="__cf_email__" data-cfemail="e2858384848c879bcc89908b919687878ca28792838f838b8ecc879283cc858d94">[email protected]</span></a>.

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.                      

[[Page 11335]]

                                                                                                                
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 (NO<INF>X) in section 9 VAC 5-40-310 (formerly numbered 120-04-
0408). Virginia's rule to impose RACT on major stationary NO<INF>X 
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 NO<INF>X, 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 source-specific 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 non-exempted 
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

[[Page 11336]]

sources of NO<INF>X, 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:


Sec. 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

[[Page 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'', ``Non-compliant 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


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