[Federal Register: June 8, 2004 (Volume 69, Number 110)]
[Rules and Regulations]
[Page 31889-31891]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jn04-12]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[VA133-5066a; FRL-7670-8]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Revisions to Regulations for General Compliance Activities
and Source Surveillance; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; correcting amendment.
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SUMMARY: This document corrects errors in the final rule pertaining to
the chart listing Virginia regulations which EPA has incorporated by
reference into the Virginia SIP.
EFFECTIVE DATE: June 8, 2004.
FOR FURTHER INFORMATION CONTACT: Kathleen Anderson, (215) 814-2173 or
by e-mail at anderson.kathleen@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' or
``our'' are used we mean EPA. On March 15, 2004 (69 FR 12074), we
published a final rulemaking action announcing our approval of
revisions to certain regulations updating requirements related to
applicability, compliance, testing and monitoring. In that document, we
inadvertently made incorrect entries to the rule chart in 40 CFR
52.2420(c). This action corrects the errors, published in the rule
chart at 69 FR 12078, to the notes found in the ``Explanation [Former
SIP citation]'' column for entries 5-10-10, 5-10-20, 5-40-20, 5-40-40,
5-40-50, 5-50-10, 5-50-20, 5-50-40, and 5-40-50. The corrections are
described in the following table:
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Description of
Entry Column title correction
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5-10-10....................... General.......... Remove ``and added
new paragraph D''.
5-10-20....................... Terms Defined.... Add: ``Terms Revised:
Volatile Organic
Compounds''.
5-40-20....................... Compliance....... Add: ``Revised
paragraphs I, I.2,
I.3 and I.4.''
5-40-40....................... Monitoring....... Remove D.1 and D.12
and replace with E.1
and E.12.
5-40-50....................... Notifications, Add: ``Revised
records and paragraphs C.2 and
reporting. C.3.''
5-50-10....................... Applicability.... Replace D with C and
remove E.
5-50-20....................... Compliance....... Replace first
sentence with
``Added new
paragraph A.2,
renumbered
paragraphs A.3
through A.5 and
revised paragraph
A.3.''
5-50-40....................... Monitoring....... Replace with
``Revised paragraphs
C and E.1 through
E.8; Added new
paragraph E.10.''
5-50-50....................... Notification, Replace with
records and ``Revised paragraphs
reporting. A.1 through A.4, C,
C.1 through C.3, D,
E and F.''
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This action also revises the date format found in the ``State
effective date'' column for all of the entries published in the March
15, 2004 final rulemaking notice. In this correction action, we are
revising the dates from ``August 1, 2002'' to ``8/1/02.'' We are also
restoring the entries for 5-40-21, 5-40-22 and 5-40-41, which EPA had
previously added to the table in paragraph 52.2420(c) on April 21, 2000
(65 FR 21315), but which were inadvertently removed by EPA's March 15,
2004 revisions to the entries for 9 VAC 5, Chapter 40, Part I.
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. We have determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because we are merely correcting
an incorrect citation in a previous action. Thus, notice and public
procedure are unnecessary. We find that this constitutes good cause
under 5 U.S.C. 553(b)(B).
Statutory and Executive Order Reviews
Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993),
this action is not a ``significant regulatory action'' and is therefore
not subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). Because
the agency has made a ``good cause'' finding that this action is not
subject to notice-and-comment requirements under the Administrative
Procedures Act or any other statute as indicated in the Supplementary
Information section above, it is not subject to the regulatory
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform
Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not
significantly or uniquely affect small governments or impose a
significant intergovernmental mandate, as described in sections 203 and
204 of UMRA. This rule also does not have a substantial direct effect
on one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes, as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
governments, as specified by Executive Order 13132 (64 FR 43255, August
10, 1999). This rule also is not subject to Executive Order 13045 (62
FR 19885, April 23, 1997), because it is not economically significant.
This technical correction action does not involve technical
standards; thus
[[Page 31890]]
the requirements of section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. The rule
also does not involve special consideration of environmental justice
related issues as required by Executive Order 12898 (59 FR 7629,
February 16, 1994). In issuing this rule, EPA has taken the necessary
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct, as
required by section 3 of Executive Order 12988 (61 FR 4729, February 7,
1996). EPA has complied with Executive Order 12630 (53 FR 8859, March
15, 1998) by examining the takings implications of the rule in
accordance with the ``Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order. This rule does not impose an information
collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).
The Congressional Review Act (5 U.S.C. 801 et seq.), as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, EPA had made such a good cause finding, including
the reasons therefore, and established an effective date of May 14,
2004. EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This correction to 40 CFR 52.2420(c)
for Virginia is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Dated: May 27, 2004.
James W. Newsom,
Acting Regional Administrator, EPA Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart VV--Virginia
0
2. In Sec. 52.2420, the table in paragraph (c) is amended:
0
a. Under Chapter 10 by revising the entry for 5-10-10 and the fifth
entry for 5-10-20.
0
b. Under Chapter 40 by revising entries 5-40-10, 5-40-20 and 5-40-30,
5-40-40 and 5-40-50.
0
c. Under Chapter 40 by adding entries 5-40-21, 5-40-22 and 5-40-41.
0
d. Under Chapter 50 by revising entries 5-50-10, 5-50-20, 5-50-30, 5-
50-40 and 5-50-50.
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Virginia SIP
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State Explanation [former SIP
State citation (9 VAC 5) Title/subject effective date EPA approval date citation]
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CHAPTER 10..................... GENERAL DEFINITIONS [Part I]
5-10-10........................ General........... 8/1/02 3/15/04 69 FR Revised paragraphs A,
12074. B, C.
* * * * * * *
5-10-20........................ Terms Defined..... 8/1/02 3/15/04 69 FR Terms Added: EPA,
12074. Initial emissions
test, Initial
performance test (as
corrected 11/05/03 and
effective 01/01/04 in
the Commonwealth),
Maintenance area.
Terms Revised: Affected
facility, Delayed
compliance order,
Excessive
concentration,
Federally enforceable,
Malfunction, Public
hearing, Reference
method, Reid vapor
pressure, Stationary
source, True vapor
pressure, Vapor
pressure, Volatile
organic compounds.
Terms Removed: Air
Quality Maintenance
Area.
* * * * * * *
CHAPTER 40..................... EXISTING STATIONARY SOURCES [Part IV]
PART I......................... SPECIAL PROVISIONS
5-40-10........................ Applicability..... 8/1/02 3/15/04 69 FR Revised paragraphs A,
12074. B, and C; added
paragraph D.
5-40-20 (Except A.4)........... Compliance........ 8/1/02 3/15/04 69 FR Added new paragraph A.2
12074. and revised renumbered
paragraph A.3; added
new paragraph G,
revised paragraphs H,
H.1, H.1.b through e;
revised paragraphs I,
I.2, I.3 and I.4;
added new paragraph J.
Note: New paragraph
A.4. is not included
in the SIP revision.
5-40-21........................ Compliance 7/1/97 4/21/00 65 FR Appendix N.
Schedules. 21315.
5-40-22........................ Interpretation of 7/1/97 4/21/00 65 FR Appendix Q.
Emissions 21315.
Standards Based
on Process eight--
Rate Tables.
5-40-30........................ Emissions Testing. 8/1/02 3/15/00 69 FR Revised Paragraphs A
12074. and F.1; Note:
Revisions to paragraph
C are not included in
SIP revision.
[[Page 31891]]
5-40-40........................ Monitoring........ 8/1/02 3/15/00 69 FR Revised paragraph B,
12074. and E.1; added
paragraph E.12.
5-40-41........................ Emission 7/1/97 4/21/00 65 FR Appendix J.
Monitoring 21315.
Procedures for
Existing Sources.
5-40-50........................ Notification, 8/1/02 3/15/04 69 FR Added new paragraph
records and 12074. A.3; revised
reporting. paragraphs C, C.1, C.2
and C.3., D, E and F.
* * * * * * *
CHAPTER 50..................... NEW AND MODIFIED STATIONARY SOURCES [Part V]
PART I......................... SPECIAL PROVISIONS
5-50-10........................ Applicability..... 8/1/02 3/15/04 69 FR Revised paragraphs B
12074. and C, added paragraph
F.
5-50-20........................ Compliance........ 8/1/02 3/15/04 69 FR Added new paragraph
12074. A.2, renumbered
paragraphs A.3 through
A.5, and revised
paragraph A.3; Added
new paragraph G;
revised paragraphs H,
H.2, H.2a, H.3 and
H.4; added new
paragraph I.
5-50-30........................ Performance 8/1/02 3/15/04 69 FR Revised paragraphs A
Testing. 12074. and F.1; Note:
Revisions to paragraph
C are not included in
SIP revision.
5-50-40........................ Monitoring........ 8/1/02 3/15/04 69 FR Revised paragraphs C,
12074. and E.1 through E.8;
Added new paragraph
E.10.
5-50-50........................ Notification, 8/1/02 3/15/04 69 FR Revised paragraphs A.1
records and 12074. through A.4, C, C.1
reporting. through C.3, D, E and
F.
* * * * * * *
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[FR Doc. 04-12772 Filed 6-7-04; 8:45 am]
BILLING CODE 6560-50-P