Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations 11329

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 May 12, 1997.

Nothing in this action should be

construed as permitting, allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

V. 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 D.

Nichols, Assistant Administrator for Air

and Radiation. The Office of

Management and Budget (OMB) has

exempted this regulatory action from

Executive Order 12866 review.

B. Regulatory Flexibility

Under the Regulatory Flexibility Act,

5 U.S.C. section 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.

sections 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 Act do not

create any new requirements, but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the Act, preparation of a

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of the State action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. EPA., 427

U.S. 246, 256–66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995, signed

into law on March 22, 1995, EPA must

undertake various actions in association

with 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 the private sector, of $100 million

or more. This Federal action approves

pre-existing requirements under state or

local law, and imposes no new Federal

requirements. Accordingly, no

additional costs to state, local, or tribal

governments, or 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 5 U.S.C.

804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Act,

petitions for judicial review of this

action 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

Administrator of this final rule does not

affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See Section

307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference, Ozone, and

Volatile organic compounds.

Dated: November 27, 1996.

Valdas V. Adamkus,

Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations 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 O—Illinois

2. Section 52.720 is amended by

adding paragraph (c)(123) to read as

follows:

§ 52.720 Identification of plan.

(c) * * *

(123) On May 5, 1995, May 26, 1995,

and May 31, 1995, the State of Illinois

submitted miscellaneous revisions to its

Volatile Organic Material (VOM)

Reasonably Available Control

Technology (RACT) rules contained in

35 Illinois Administrative Code Part

218: Organic Material Emission

Standards and Limitations for the

Chicago Area, and Part 219: Organic

Material Emission Standards and

Limitations for the Metro East Area.

These amendments clarify certain

applicability provisions, control

requirements, and compliance dates

contained within these regulations. Also

included in these amendments is an

exemption for certain polyethylene

foam packaging operations from VOM

RACT requirements.

(i) Incorporation by reference. Illinois

Administrative Code, Title 35:

Environmental Protection, Subtitle B:

Air Pollution, Chapter I: Pollution

Control Board, Subchapter c: Emission

Standards and Limitations for

Stationary Sources.

(A) Part 218: Organic Material

Emission Standards and Limitations for

the Chicago Area, Subpart A: General

Provisions, Section 218.106; Subpart T:

Pharmaceutical Manufacturing, Section

218.480; Subpart DD: Aerosol Can

Filling, Section 218.686; Subpart RR:

Miscellaneous Organic Chemical

Process, Section 218.966; Subpart TT:

Other Emission Units, Section 218.980.

Amended at 19 Ill. Reg. 6848; effective

May 9, 1995.

(B) Part 219: Organic Material

Emission Standards and Limitations for

the Metro East Area, Subpart T:

Pharmaceutical Manufacturing, Section

219.480; Subpart TT: Other Emission

Units, Section 219.980. Amended at 19

Ill. Reg. 6958, effective May 9, 1995.

[FR Doc. 97–6076 Filed 3–11–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[DE027–1004a, DE020–1004a; FRL–5679–4]

Approval and Promulgation of Air

Quality Implementation Plans; State of

Delaware: Open Burning and Non-CTG

RACT Regulations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.
11330 Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations

SUMMARY: EPA is approving a State

Implementation Plan (SIP) revision

submitted by the State of Delaware. This

revision consists of two control

measures to reduce volatile organic

compound (VOC) emissions. The

intended effect of this action is to

approve these two control measures

which are creditable towards Delaware’s

15 Percent Rate of Progress Plan (RPP).

This action is being taken under section

110 of the Clean Air Act.

DATES: This action is effective May 12,

1997 unless notice is received on or

before April 11, 1997 that adverse or

critical comments will be submitted. If

the effective date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Comments may be mailed to

David L. Arnold, Chief, Ozone/CO &

Mobile Sources Section, Mailcode

3AT21, 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, Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107; Delaware Department of Natural

Resources & Environmental Control, 89

Kings Highway, P.O. Box 1401, Dover,

Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Rose

Quinto, (215) 566–2182, at the EPA

Region III office, or via e-mail at

quinto.rose@epamail. epa.gov. While

information may be requested via email, comments must be submitted in

writing to the above Region III address.

SUPPLEMENTARY INFORMATION: On

February 17, 1995, the Delaware

Department of Natural Resources &

Environmental Control (DNREC)

submitted revisions to its State

Implementation Plan (SIP) for Delaware.

One of those revisions pertains to the

15% Rate of Progress Plan (RPP) for the

State of Delaware. The other revision is

Delaware Regulation 13—Open Burning,

which is one of the control measures to

achieve the 15% reduction. Included in

this latter revision are definitions

pertaining to the open burning

regulation, as well as additions and

deletions from Delaware Regulation 1,

Definitions and Administrative

Principles. The definitions are for

ceremonial fires, conservation practices,

open burning, prescribed burning,

rubbish, silviculture, and trade waste.

The 15% Rate of Progress Plan, itself,

which was submitted on February 17,

1995 is the subject of a separate

rulemaking.

On January 20, 1994, Delaware

submitted a revision to Regulation 24,

section 43, Other Facilities that Emit

Volatile Organic Compounds (VOCs).

This section number was changed to

section 50 on July 28, 1995 (60 FR

38712). A direct final approval was

published for the Delaware VOC

regulation on May 3, 1995 (60 FR

21707), excluding the Non-Control

Technique Guideline (Non-CTG) RACT

part: sections 50(a)(5) and 50(b)(3).

These sections pertain to control

requirements on wood furniture

coatings, industrial wastewater, and

shipbuilding and repair; and submitting

an alternative control plan. This NonCTG RACT regulation is one of the

control measures for the 15% RPP.

Background

Section 182(b)(1) of the Clean Air Act

as amended in 1990 (CAAA), requires

ozone nonattainment areas with

classifications of moderate and above to

develop plans to reduce area-wide

volatile organic compound (VOC)

emissions by 15% from a 1990 baseline.

The plans were to be submitted by

November 15, 1993 and the reductions

were to be achieved within 6 years of

enactment or November 15, 1996. The

VOC reductions achieved by Delaware

Regulation 13—Open Burning and

Delaware Regulation 24, Section 50—

Non-CTG RACT are creditable toward

the 15% plan.

Non-CTG RACT

Section 50 of Delaware Air Regulation

24 is entitled, Other Facilities that Emit

Volatile Organic Compounds. This

section is also called the Non-CTG

RACT regulation since it applies to any

facility that emits VOCs and is not

otherwise subject to any other federally

approved RACT regulation of the

Delaware SIP that was developed

pursuant to a CTG. The CAAA requires

the implementation of RACT for all

major stationary sources of VOCs not

otherwise covered by a CTG. For severe

nonattainment areas including Kent and

New Castle Counties, the CAAA defines

a major stationary source as any

stationary source, or group of sources

located within a contiguous area and

under common control, that emits or

has the potential to emit at least 25 tons

per year (tpy) of VOCs. Prior to the

passage of the CAAA, non-CTG RACT

was required in New Castle county for

stationary sources for which there was

not a CTG, and which had the potential

to emit 100 tpy or more of VOCs from

all non-CTG processes. There was no

requirement for non-CTG RACT in Kent

County prior to the CAAA. Therefore,

all VOC emissions reductions from nonCTG RACT in Kent County are

creditable toward the 15% reduction

requirement. However, reductions from

non-CTG RACT in New Castle County

are only creditable for sources that emit

or have the potential to emit between 25

and 100 tpy of VOCs from processes not

covered by a CTG. Delaware adopted its

non-CTG RACT regulation in January

1993. Any facility located in Kent or

New Castle County is subject to the

regulation if it has sources not regulated

by a CTG that as a group have the

potential to emit VOC emissions of 25

tons or more per year. The regulation

requires overall VOC emission

reduction from affected sources at a

facility of at least 81 percent by weight.

This reduction can be achieved through

the use of capture and control

techniques or other methods as

appropriate. Facilities may also comply

with section 50 by submitting an

alternative plan. These alternative plans

must be approved by EPA as sourcespecific SIP revisions.

Open Burning

A revision to Delaware Air Regulation

13—Open Burning, was adopted in the

autumn of 1994. New regulatory

requirements prohibit open burning and

prescribed burning in Kent and New

Castle Counties during the peak ozone

season, June 1 through August 31.

Regulatory requirements also prohibit

the disposal of refuse by open burning,

open burning in the conduct of a salvage

operation, and open burning of fallen

leaves.

EPA’s review of this material

indicates that the two control measures

mentioned are approvable, and their

reductions creditable toward the 15%

RPP. EPA is approving the Delaware SIP

revisions for the two control measures

for the 15% RPP: Open Burning and

Non-CTG RACT, which were submitted

on February 17, 1995 and January 20,

1994, respectively.

EPA has determined that the

submittals made by the State of

Delaware satisfy the relevant

requirements of the CAAA. EPA’s

detailed review of Delaware’s Open

Burning and Non-CTG Regulations are

contained in a Technical Support

Document (TSD) which is available,

upon request, from the EPA Regional

Office listed in the ADDRESSES section of

this document.

EPA is approving these SIP revisions

without prior proposal because the

Agency views these as noncontroversial

amendments and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, EPA is proposing to

approve the SIP revisions should
Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations 11331

adverse or critical comments be filed.

This action will become effective May

12, 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 May 12, 1997.

Final Action

EPA is approving the Delaware

Regulation 13—Open Burning and

Regulation 24—sections 50(a)(5) and

50(b)(3)—Non-CTG RACT.

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.

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, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the CAAA, 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 Federal 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 5

U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the CAAA,

petitions for judicial review of this

action to approve revisions to the

Delaware 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 Administrator of this 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

regarding the Delaware Open Burning

and Non-CTG RACT SIP revisions may

not be challenged later in proceedings to

enforce its requirements. (See section

(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements.

Dated: January 10, 1997.

W.T. Wisniewski,

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 I—Delaware

2. Section 52.420 is amended by

adding paragraphs (c)(48) and (c)(49) to

read as follows:

§ 52.420 Identification of plan.

* * * * *

(c) * * *

(48) Revisions to the Delaware State

Implementation Plan submitted on

January 20, 1994 by the Delaware

Department of Natural Resources &

Environmental Control:

(i) Incorporation by reference.

(A) Letter of January 20, 1994 from the

Delaware Department of Natural

Resources & Environmental Control

transmitting Regulation 24—Control of

Volatile Organic Compound

Emissions—Sections 50(a)(5) and

50(b)(3), effective November 24, 1993.

(B) Regulation 24—Control of Volatile

Organic Compound Emissions, Section

50—Other Facilities that Emit Volatile

Organic Compounds—Sections 50(a)(5)

and 50(b)(3)—Non-CTG RACT, effective

November 24, 1993.

(ii) Additional material.
11332 Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations

(A) Remainder of January 20, 1994

State submittal pertaining to Regulation

24, sections 50(a)(5) and 50(b)(30)

referenced in paragraph (c)(48)(i) of this

section.

(49) Revisions to the Delaware State

Implementation Plan submitted on

February 17, 1995 by the Delaware

Department of Natural Resources &

Environmental Control:

(i) Incorporation by reference.

(A) Letter of February 17, 1995 from

the Delaware Department of Natural

Resources & Environmental Control

transmitting Regulation 13—Open

Burning, effective February 8, 1995.

(B) Regulation 13—Open Burning,

effective February 8, 1995.

(C) Administrative changes to

Regulation 1, Definitions and

Administrative Principles: addition of

the following definitions: ‘‘ceremonial

fires’’, ‘‘conservation practices’’,

‘‘prescribed burning’’, and

‘‘silviculture’’; and revision to the

following definitions: ‘‘open burning’’,

‘‘rubbish’’, and ‘‘trade waste’’ adopted

February 8, 1995.

(ii) Additional material.

(A) Remainder of the February 17,

1995 State submittal pertaining to

Regulation 13—Opening Burning

referenced in paragraph (c)(49)(i) of this

section.

* * * * *

[FR Doc. 97–6073 Filed 3–11–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[VA021–5015; FRL–5697–9]

Approval and Promulgation of Air

Quality Implementation Plans; Virginia;

Rule Pertaining to VOC RACT

Requirements

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving a State

Implementation Plan (SIP) revision

submitted by the Commonwealth of

Virginia. This revision pertains to

amendments to Virginia’s reasonably

available control technology (RACT)

requirements for major stationary

sources of volatile organic compounds

(VOCs) located in the Richmond

moderate ozone nonattainment area and

the Northern Virginia portion of the

Metropolitan Washington D.C. serious

ozone nonattainment area. The intended

effect of this action is to approve the

submitted amendments to Virginia’s

major source VOC RACT requirements

because they strengthen Virginia’s SIP.

This action is being taken under section

110 of the Clean Air Act.

EFFECTIVE DATE: This final rule is

effective on April 11, 1997.

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; the

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.

FOR FURTHER INFORMATION CONTACT:

Kristeen Gaffney, (215) 566–2092.

SUPPLEMENTARY INFORMATION:

I. Background Information

A formal SIP revision was submitted

by Virginia on November 6, 1992

amending its VOC RACT regulation

applicable to non-CTG sources. NonCTG sources are those major stationary

sources or categories of stationary

sources of VOC that are not otherwise

subject to RACT by a SIP-approved

regulation developed pursuant to a

control technique guideline (CTG)

document.

On September 27, 1995, EPA

published a direct final approval of the

SIP revision (60 FR 49767). The

intended effect of this action was to

approve the amendments Virginia

submitted for its major source VOC

RACT requirements because those

amendments strengthened the SIP and

satisfied the ‘‘RACT Catch-Up’’

requirements of section 182 (a)(2)(A) of

the Clean Air Act (the Act). EPA issued

the direct final rulemaking without

prior proposal because the Agency

viewed it as noncontroversial and

anticipated no adverse public

comments. The final approval was

published in the Federal Register with

a provision for a 30 day comment period

(60 FR 49767). Concurrently, a notice of

proposed rulemaking (NPR) pertaining

to the same amendments to Virginia’s

VOC RACT requirements was also

published in the Federal Register on

September 27, 1995 (60 FR 49813). EPA

announced that the final rule would

convert to a proposed rule in the event

that adverse comments were submitted

to EPA within 30 days of publication of

the final rule. Since EPA received one

adverse comment regarding the direct

final rule during the prescribed

comment period, the final rule

converted to a proposal, and on

December 8, 1995 (60 FR 62990), EPA

withdrew its otherwise effective date.

Today’s final rulemaking action

addresses the comment received during

the public comment period and

announces EPA’s final action on this

SIP revision. Other specific

requirements of VOC RACT ‘‘CatchUps’’ and the rationale for EPA’s action

were explained in the rulemaking

notices published on September 27,

1995 and will not be restated here.

II. Public Comment and EPA’s

Response

One letter of comment was submitted

on the action taken by EPA on

September 27, 1995. The letter was

submitted on behalf of the Bear Island

Paper Company on October 26, 1995.

The following discussion summarizes

and responds to the comments received.

Comment: The commenter stated that

EPA should not approve the revision to

Virginia’s SIP because the regulation

does not address circumstances where,

despite the best efforts of Virginia and

the subject source, the compliance

deadline cannot be met because an

appropriate RACT level cannot be

determined within a timely fashion. The

commenter suggests that the SIP

revision be rewritten to set forth a new

compliance deadline or, alternatively,

set forth a mechanism for establishing a

new deadline. The commenter argues

that these provisions are warranted

because EPA has not issued the relevant

guidance documents required by section

183 of the CAA. The commenter asserts

that Virginia has not been able to rely

on EPA guidance in determining RACT

for many sources.

EPA Response: EPA disagrees with

the commenter’s remarks. The

Commonwealth of Virginia chose the

appropriate deadline of May 31, 1995,

for compliance of all Non-CTG sources

subject to RACT. The May 31, 1995

deadline for compliance with RACT was

established in the CAA section

182(b)(2). Section 182(b)(2) requires

states to submit SIP revisions requiring

RACT on major stationary sources of

VOCs that ‘‘provide for the

implementation of the required

measures as expeditiously as practicable

but no later than May 31, 1995.’’

Sources wishing to receive an extension

of the RACT compliance deadline have

the ability to request a compliance date

extension from the Commonwealth of

Virginia. In those instances where a

source can clearly demonstrate the need

for a compliance date extension from a

SIP regulation’s deadline, and the

Commonwealth of Virginia determines

such a compliance date extension is

justifiable, the Commonwealth may