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

American Government Special Collections Reference Desk

American Government

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

Stanley L. Laskowski
Environmental Protection Agency
April 15, 1994

[Federal Register Volume 59, Number 73 (Friday, April 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 94-9103]

[[Page Unknown]]

[Federal Register: April 15, 1994]


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.


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-

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, 
    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:


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

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