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
Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations 11333

request a approval of a source-specific

SIP revision.

III. Final Action

EPA is approving the revisions to

Virginia rule § 120–04–0407 ‘‘Standard

for Volatile Organic Compounds’’

submitted on November 6, 1992 as a

revision to the Virginia SIP.

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.

IV. 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 5

U.S.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 VOC control requirements

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.

Dated: February 25, 1997.

Stanley L. Laskowski,

Acting Regional Administrator, Region III.

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 VV—Virginia

2. Section 52.2420 is amended by

adding paragraphs (c)(106) to read as

follows:

§ 52.2420 Identification of plan.

* * * * *

(c) * * *

(106) Revisions to the Virginia State

Implementation Plan submitted on

November 6, 1992 by the Virginia

Department of Environmental Quality:

(i) Incorporation by reference.

(A) Letter of November 6, 1992 from

the Virginia Department of

Environmental Quality transmitting

revisions to Virginia’s State

Implementation Plan, pertaining to

volatile organic compound requirements

in Virginia’s air quality regulations

adopted by the Virginia State Air

Pollution Control Board on October 30,

1992 and effective on January 1, 1993.

(B) Revisions to § 120–04–0407 (A),

(B), and (C) that lower the applicability

threshold for RACT to 50 tons per year

in the Virginia portion of the

Metropolitan Washington, D.C. serious

ozone nonattainment area and add a

RACT compliance date of May 31, 1995

for major VOC sources in the Richmond

moderate ozone nonattainment area,

and the Virginia portion of the

Metropolitan Washington, D.C.

nonattainment area, effective January 1,

1993.

(ii) Additional material.

(A) Remainder of State submittal

pertaining to § 120–04–0407.

* * * * *

[FR Doc. 97–6080 Filed 3–11–97; 8:45 am]

BILLING CODE 6560–50–P