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Approval and Promulgation of Air Quality Implementation Plans; Virginia; Redesignation of the Richmond-Petersburg 8-Hour Ozone Nonattainment Area to Attainment and Approval of the Associated Maintenance Plan and 2002 Base-Year Inventory

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 


[Federal Register: May 10, 2007 (Volume 72, Number 90)]
[Proposed Rules]
[Page 26581-26582]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10my07-19]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2006-0917; FRL-8312-2]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Redesignation of the Richmond-Petersburg 8-Hour Ozone
Nonattainment Area to Attainment and Approval of the Associated
Maintenance Plan and 2002 Base-Year Inventory

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking, correction.

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SUMMARY: This document corrects and clarifies an error in the preamble
language of the Richmond-Petersburg 8-hour ozone nonattainment area
redesignation request and approval of the associated maintenance plan
and 2002 base-year inventory.

DATES: Written comments must be received on or before May 14, 2007.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2006-0917 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. E-mail: miller.linda@epa.gov.
    C. Mail: EPA-R03-OAR-2006-0917, Linda Miller, Acting Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2006-0917. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov
or e-mail. The http://www.regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
http://www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov
or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Virginia Department of
Environmental Quality, 629 East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Amy Caprio, 215-814-2156, or by e-mail
at caprio.amy@epa.gov.

SUPPLEMENTARY INFORMATION: On April 12, 2007, (72 FR 18434), EPA
published a notice of proposed rulemaking announcing the approval and
promulgation of Virginia's redesignation of the Richmond-Petersburg 8-
hour ozone nonattainment area to attainment and approval of the
associated maintenance plan and 2002 base-year inventory. In the
preamble of this document, EPA inadvertently printed the incorrect data
in Table 5 (titled: Total NOX Emissions for 2005-2018
(tpd)). This action corrects Table 5 in the notice of proposed
rulemaking, so that it reflects the correct NOX emissions
for the Richmond-Petersburg Area for 2005-2018.

Correction

    In rule document E7-7018, on page 18442, Table 5 is corrected to
read as follows:

                                Table 5.--Total NOX Emissions for 2005-2018 (tpd)
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                                                                     2005 NOX        2011 NOX        2018 NOX
                         Source category                             emissions       emissions       emissions
----------------------------------------------------------------------------------------------------------------
Point...........................................................          77.281          84.296          90.521
Area \1\........................................................          26.501          27.417          28.169
Mobile \2\......................................................          67.155          43.661          26.827
Non-road........................................................          16.862          13.118           8.641
                                                                 -----------------------------------------------
    Total.......................................................         187.799         168.492         154.158
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\1\ Includes selected local controls (open burning).
\2\ Includes transportation provisions.

[[Page 26582]]

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is 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)).
This action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Pub. L. 104-4). 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 (59 FR 22951, 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
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999), because it merely proposes to approve a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This proposed rule also is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997), because it approves a state rule
implementing a Federal standard. In reviewing SIP submissions, EPA's
role is to approve state choices, provided that they meet the criteria
of the Clean Air Act. In this context, in the absence of a prior
existing requirement for the State to use voluntary consensus standards
(VCS), EPA has no authority to disapprove a SIP submission for failure
to use VCS. It would thus be inconsistent with applicable law for EPA,
when it reviews a SIP submission, to use VCS in place of a SIP
submission that otherwise satisfies the provisions of the Clean Air
Act. Thus, 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.
As required by section 3 of Executive Order 12988 (61 FR 4729, February
7, 1996), in issuing this proposed 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.
EPA has complied with Executive Order 12630 (53 FR 8859, March 15,
1988) 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 proposed rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Under the
Administrative Procedure Act or any other statute, it is not subject to
the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

    Dated: May 4, 2007.
James W. Newsom,
Acting Regional Administrator, Region III.
[FR Doc. E7-9010 Filed 5-9-07; 8:45 am]
BILLING CODE 6560-50-P

 
 

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