Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Virginia-Oxygenated Gasoline Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VA19-1-6266; FRL-4860-4]

Approval and Promulgation of Air Quality Implementation Plans;

Commonwealth of Virginia-Oxygenated Gasoline Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision

submitted by the Commonwealth of Virginia. This revision establishes

and requires the implementation of an Oxygenated Gasoline Program in

one control area which includes: the Virginia counties within the

Washington, DC Metropolitan Statistical Area (MSA) consisting of

Arlington, Fairfax, Loudoun, Prince William, and Stafford, and the

Virginia cities within the Washington, DC MSA consisting of Alexandria,

Fairfax, Falls Church, Manassas, and Manassas Park. The intended effect

of this action is to approve these regulations to satisfy the

requirements of the Clean Air Act as amended by the Clean Air Act

Amendments of 1990 (the Act). This action is being taken under section

110 of the Clean Air Act.

EFFECTIVE DATE: This final rule will become effective on May 16, 1994.

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; Air and Radiation Docket & Information Center, 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: Catherine L. Magliocchetti, (215) 597-

6863.

SUPPLEMENTARY INFORMATION: On October 26, 1993, (58 FR 57573), EPA

published a notice of proposed rulemaking (NPR) for the Commonwealth of

Virginia. The NPR proposed approval of an Oxygenated Gasoline Program

in the Commonwealth of Virginia. The Commonwealth submitted a SIP

revision for parallel processing on November 13, 1992. The formal SIP

revision was submitted by the Commonwealth of Virginia on November 1,

1993.

Specific requirements of the Oxygenated Gasoline Program and the

rationale for EPA's proposed action are explained in the NPR and will

not be restated here. No public comments were received on the NPR.

Final Action

EPA is approving the SIP revision to add VR 115-04-28, submitted by

the Commonwealth of Virginia on November 1, 1993, which implements an

Oxygenated Gasoline Program in the Commonwealth.

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.

This action has been classified as a Table 2 action for signature

by the Acting Regional Administrator under the procedures published in

the Federal Register on January 19, 1989 (54 FR 2214-2225). However, in

an October 4, 1993 memo, the Acting Assistant Administrator for Air and

Radiation, Michael H. Shapiro, revised these SIP tables so that Table 2

final actions on which no adverse comments were received on the

proposed rule may be delegated to Table 3 actions. No comments were

received concerning this action, therefore, under the new guidelines

this final action may be classified as a Table 3 action. On January 6,

1989, the Office of Management and Budget (OMB) waived Table 2 and

Table 3 SIP revisions from the requirements of section 3 of Executive

Order 12291 for a period of two years. The EPA has submitted a request

for a permanent waiver for Table 2 and 3 SIP revisions. The OMB has

agreed to continue the waiver until such time as it rules on EPA's

request. This request is still applicable under Executive Order 12866,

which superseded Executive Order 12291 on September 30, 1993.

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action to approve Virginia's Oxygenated

Gasoline Program must be filed in the United States Court of Appeals

for the appropriate circuit by June 14, 1994. 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, Carbon monoxide,

Incorporation by reference, Intergovernmental relations, Reporting and

recordkeeping requirements.

Dated: March 21, 1994.

Stanley L. Laskowski,

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 VV-Commonwealth of Virginia

2. Section 52.2420 is amended by adding paragraph (c)(100) to read

as follows:

Sec. 52.2420 Identification of plan.

* * * * *

(c) * * *

(100) Revisions to the Commonwealth of Virginia Regulations

Oxygenated Gasoline Program regulations submitted on November 1, 1993

by the Department of Environmental Quality, formerly the Virginia

Department of Air Pollution Control: Effective date November 1, 1993.

(i) Incorporation by reference.

(A) Letter of November 1, 1993 from the Department of Environmental

Quality transmitting Oxygenated Gasoline Program regulations.

(B) Addition of VR 115-04-28 Regulation Governing the Oxygenation

of Gasoline.

(ii) Additional materials.

(A) Remainder of November 13, 1992 and November 1, 1993 State

submittals.

[FR Doc. 94-9103 Filed 4-14-94; 8:45 am]

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