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28252 Federal Register / Vol. 70, No.

94 / Tuesday, May 17, 2005 / Proposed Rules

XIII. Statutory and Executive Order absence of a prior existing requirement A. Federal eRulemaking Portal:
Reviews for the State to use voluntary consensus http://www.regulations.gov. Follow the
Under Executive Order 12866 (58 FR standards (VCS), EPA has no authority on-line instructions for submitting
51735, October 4, 1993), this proposed to disapprove a SIP submission for comments.
action is not a ‘‘significant regulatory failure to use VCS. It would thus be B. Agency Web site: http://
inconsistent with applicable law for www.docket.epa.gov/rmepub/
action’’ and therefore is not subject to
EPA, when it reviews a SIP submission, RME, EPA’s electronic public docket
review by the Office of Management and
to use VCS in place of a SIP submission and comment system, is EPA’s preferred
Budget. For this reason, this action is
that otherwise satisfies the provisions of method for receiving comments. Follow
also not subject to Executive Order
the Clean Air Act. Thus, the the on-line instructions for submitting
13211, ‘‘Actions Concerning Regulations
requirements of section 12(d) of the comments.
That Significantly Affect Energy Supply, C. E-mail: campbell.dave@epa.gov.
Distribution, or Use’’ (66 FR 28355, May National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. D. Mail: R03–OAR–2005–VA–0004,
22, 2001). This proposed action merely David Campbell, Chief, Air Quality
proposes to approve state law as 272 note) do not apply. This proposed
rule does not impose an information Planning Branch, Mailcode 3AP21, U.S.
meeting Federal requirements and Environmental Protection Agency,
imposes no additional requirements collection burden under the provisions
of the Paperwork Reduction Act of 1995 Region III, 1650 Arch Street,
beyond those imposed by state law. Philadelphia, Pennsylvania 19103.
Accordingly, the Administrator certifies (44 U.S.C. 3501 et seq.).
E. Hand Delivery: At the previously
that this proposed rule will not have a List of Subjects in 40 CFR Part 52 listed EPA Region III address. Such
significant economic impact on a deliveries are only accepted during the
Environmental protection, Air
substantial number of small entities Docket’s normal hours of operation, and
pollution control, Intergovernmental
under the Regulatory Flexibility Act (5 special arrangements should be made
relations, Nitrogen dioxide, Ozone,
U.S.C. 601 et seq.). Because this rule for deliveries of boxed information.
Reporting and recordkeeping
proposes to approve pre-existing Instructions: Direct your comments to
requirements, Volatile organic
requirements under state law and does RME ID No. R03–OAR–2005–VA–0004.
compounds.
not impose any additional enforceable EPA’s policy is that all comments
duty beyond that required by state law, Dated: May 6, 2005. received will be included in the public
it does not contain any unfunded Kerrigan G. Clough, docket without change, and may be
mandate or significantly or uniquely Acting Regional Administrator, Region VIII. made available online at http://
affect small governments, as described [FR Doc. 05–9724 Filed 5–16–05; 8:45 am] www.docket.epa.gov/rmepub/,
in the Unfunded Mandates Reform Act BILLING CODE 6560–50–P including any personal information
of 1995 (Public Law 104–4). provided, unless the comment includes
This proposed rule also does not have information claimed to be Confidential
tribal implications because it will not ENVIRONMENTAL PROTECTION Business Information (CBI) or other
have a substantial direct effect on one or AGENCY information whose disclosure is
more Indian tribes, on the relationship restricted by statute. Do not submit
between the Federal Government and 40 CFR Part 52 information that you consider to be CBI
Indian tribes, or on the distribution of [R03–OAR–2005–VA–0004; FRL–7913–7] or otherwise protected through RME,
power and responsibilities between the regulations.gov or e-mail. The EPA RME
Federal Government and Indian tribes, Approval and Promulgation of Air and the Federal regulations.gov Web
as specified by Executive Order 13175 Quality Implementation Plans; Virginia; sites are an ‘‘anonymous access’’
(65 FR 67249, November 9, 2000). This Attainment Demonstration for the system, which means EPA will not
action also does not have Federalism Roanoke Metropolitan Statistical Area know your identity or contact
implications because it does not have (MSA) Early Action Compact Area information unless you provide it in the
substantial direct effects on the States, body of your comment. If you send an
on the relationship between the national AGENCY: Environmental Protection e-mail comment directly to EPA without
government and the States, or on the Agency (EPA). going through RME or regulations.gov,
distribution of power and ACTION: Proposed rule. your e-mail address will be
responsibilities among the various automatically captured and included as
SUMMARY: EPA is proposing to approve
levels of government, as specified in part of the comment that is placed in the
Executive Order 13132 (64 FR 43255, a State Implementation Plan (SIP) public docket and made available on the
August 10, 1999). This action merely revision submitted by the Internet. If you submit an electronic
proposes to approve a state rule Commonwealth of Virginia. The comment, EPA recommends that you
implementing a Federal standard, and proposed revision consists of an Early include your name and other contact
does not alter the relationship or the Action Compact (EAC) Plan that will information in the body of your
distribution of power and enable the Roanoke MSA EAC Area to comment and with any disk or CD-ROM
responsibilities established in the Clean demonstrate attainment and you submit. If EPA cannot read your
Air Act. This proposed rule also is not maintenance of the 8-hour ozone comment due to technical difficulties
subject to Executive Order 13045 national ambient air quality (NAAQS) and cannot contact you for clarification,
‘‘Protection of Children from standard. This action is being taken EPA may not be able to consider your
Environmental Health Risks and Safety under the Clean Air Act (CAA). comment. Electronic files should avoid
Risks’’ (62 FR 19885, April 23, 1997), DATES: Written comments must be the use of special characters, any form
because it is not economically received on or before June 16, 2005. of encryption, and be free of any defects
significant. ADDRESSES: Submit your comments, or viruses.
In reviewing SIP submissions, EPA’s identified by Regional Material in Docket: All documents in the
role is to approve state choices, EDocket (RME) ID Number R03–OAR– electronic docket are listed in the RME
provided that they meet the criteria of 2005–VA–0004 by one of the following index at http://www.docket.epa.gov/
the Clean Air Act. In this context, in the methods: rmepub/. Although listed in the index,

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Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Proposed Rules 28253

some information is not publicly To begin to address the elevated agreements. States with communities
available, i.e., CBI or other information ozone concentrations in the Roanoke participating in the EAC program had to
whose disclosure is restricted by statute. MSA, the Virginia Department of submit plans for meeting the 8-hour
Certain other material, such as Environmental Quality (VADEQ) ozone standard by December 31, 2004,
copyrighted material, is not placed on investigated voluntary actions that rather than the June 15, 2007 deadline
the Internet and will be publicly could be implemented proactively to applicable to all other areas not meeting
available only in hard copy form. improve air quality. Virginia found the the standard. The EACs required
Publicly available docket materials are most promising of all of the options it communities to develop and implement
available either electronically in RME or explored to be EPA’s EAC program. air pollution control strategies, account
in hard copy during normal business EACs are voluntary agreements entered for emissions growth, and demonstrate
hours at the Air Protection Division, into by affected local jurisdictions, State attainment and maintenance of the 8-
U.S. Environmental Protection Agency, regulatory agencies, and EPA to develop hour ozone standard. Greater details on
Region III, 1650 Arch Street, EAPs to reduce ozone precursor the EAC program are explained in EPA’s
Philadelphia, Pennsylvania 19103. pollutants, such as nitrogen oxides December 16, 2003 (68 FR 70108)
Copies of the State submittal are (NOX) and volatile organic compounds proposed Federal Register notice
available at the Virginia Department of (VOCs) and improve local air quality. entitled, ‘‘Deferral of Effective Date of
Environmental Quality, 629 East Main The goal of an EAP is to bring about a Nonattainment Designations for 8-hour
Street, Richmond, Virginia 23219. positive change to local air quality on a Ozone National Ambient Air Quality
FOR FURTHER INFORMATION CONTACT:
schedule that is faster than the Standards for Early Action Compact
Ellen Wentworth, (215) 814–2034, or by traditional regulatory nonattainment Areas.’’ In December 2002, the Roanoke
e-mail at wentworth.ellen@epa.gov. area designation and air quality MSA entered into an EAC with both the
planning process. These plans include Commonwealth of Virginia and EPA.
SUPPLEMENTARY INFORMATION: On
the same components of traditional SIPs This compact was signed by all parties
December 21, 2004, the Commonwealth for nonattainment areas: emissions
of Virginia submitted a revision to its involved and then submitted to EPA by
inventories, control strategies, schedules the required date of December 31, 2002.
SIP. This revision consists of an Early and commitments, and a demonstration On April 15, 2004, EPA designated all
Action Plan (EAP) for the Roanoke MSA of attainment based on photochemical areas for the 8-hour ozone standard. The
Ozone EAC Area. On February 17, 2005, modeling. EPA deferred the effective date of
the Commonwealth supplemented its The goal of an EAP is to develop a nonattainment designations for EAC
December 20, 2004 submittal by comprehensive strategy that will allow areas that were violating the 8-hour
providing a copy of the record of an area to achieve attainment of the 8- standard, but continued to meet the
hearing and summary of testimony hour ozone standard by 2007. This goal their established EAC milestones. On
during its rule adoption process. is accomplished by selecting and April 30, 2004 (69 FR 23858), EPA
I. Background implementing the local ozone precursor published its formal air quality
pollutant control measures and other designations and classifications for the
In 1997, EPA established a new 8- State and nationally-implemented
hour ozone NAAQS that addresses the 8-hour ozone standard. This action
control measures that reduce emissions included the deferral of the effective
longer-term impact of ozone at lower and allows the area to comply with the
levels. As such, the new standard is set date for all nonattainment areas that
NAAQS for ozone. Areas successful in entered into EACs and developed EAPs,
at a lower level, 0.08 parts per million developing a plan that demonstrates
(ppm) than the previous 1-hour including the Roanoke MSA EAC Area.
attainment of the 8-hour ozone standard Specifically, the Roanoke MSA was
standard, 0.120 ppm, and is more by 2007 will receive a deferral of the
protective of human health. Attainment designated as a ‘‘basic’’ nonattainment
effective date of the nonattainment area with the effective date of the
of the 8-hour ozone standard is designation for the area from EPA. This
determined by averaging three years of designation deferred to September 30,
deferral will remain in place as long as 2005. In a separate notice, EPA expects
the fourth highest 8-hour ozone levels as certain milestones are met, such as
recorded by ambient air quality to continue to officially defer the
implementation of local controls by effective date of the nonattainment
monitor(s) in an area. This number, 2005. If the interim milestones are met
called the design value, must be lower designation for this Area, among others,
and the area demonstrates attainment of
than 85 parts per billion (ppb) in order in the future so long as the Area
the standard during the period from
for the area to comply with the ozone continues to fulfill its EAC obligations,
2005 to 2007, based on quality-assured
standard. Currently, the Roanoke MSA including semi-annual status reporting
air quality data, then the nonattainment
EAC Area, which consists of the requirements, implementation of the
designation for the relevant area will be
Counties of Botetourt and Roanoke, the measures in its EAP by December 31,
withdrawn by EPA and the area will
Cities of Roanoke and Salem, and the 2005, and a progress assessment by June
face no further regulatory requirements.
Town of Vinton, has an official design 30, 2006. EPA anticipates extending the
If an area fails at any point in the
value, based on quality-assured air currently effective deferral for all EAC
process, the nonattainment designation
quality date for the period 2001 to 2003, will become effective along with all of areas from September 30, 2005 until
of 85 ppb 1. the associated regulatory requirements December 31, 2006, provided the above
of such a designation. conditions are met.
1 To attain the 8-hour national ambient air quality
In December 2002, a number of States II. Summary of the SIP Revision
standard (NAAQS) for ozone requires the fourth entered into EAC agreements, pledging
highest 8-hour daily maximum ozone
to reduce emissions earlier than A. Content of the Roanoke MSA EAC
concentration, average over three consecutive years, Area Attainment Demonstration
to be ≤80 parts per billion (ppb) at each monitoring required by the Act for compliance with
site (See 40 CFR part 50.10, Appendix I, paragraph the 8-hour ozone standard. These States As part of its EAC plan, Virginia
2.3). Because of the stipulations for rounding and local communities had to meet developed an attainment demonstration
significant figures, this equates to a modeled
attainment target of ≤84 ppb. Because non-
specific criteria and agreed to meet supported by an ozone photochemical
significant figures are truncated, a modeling certain milestones for development and modeling study for the Roanoke MSA
estimate of < 85ppb is equivalent to ≤84 ppb. implementation of their individual EAC EAC Area. The attainment

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28254 Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Proposed Rules

demonstration identifies a set of ozone days such as restrictions on implement reductions necessary to
measures that will result in emission residential and public landscaping address the ozone transport problem,
reductions and provides analyses that operations, pesticide applications, and on June 25, 2002, Virginia
predict that the measures will result in refueling of vehicles, and vehicle travel. submitted its NOX Budget Trading
ambient air quality concentrations that Voluntary restrictions on these types of Program to meet its Phase I NOX SIP
meet the 8-hour ozone standard in the activities will be requested of local Call obligations. Virginia’s Phase I
Roanoke MSA EAC Area. businesses and the general public. program applies to electric generating
The attainment demonstration was Virginia has also submitted a number units that serve a generator greater than
supported by results of a photochemical of locally implemented measures in 25 megawatts and to industrial units
modeling analysis and technical their EAP that, although not included in greater than 250 mmBTU/hr. On July 8,
documentation for all ozone monitors in the attainment demonstration, will 2003 (68 FR 40520), EPA conditionally
the Roanoke MSA EAC Area. EPA provide additional air quality benefits to approved Virginia’s NOX Budget
believes that VADEQ’s 8-hour ozone the Roanoke MSA EAC Area and Trading Program, and fully approved
photochemical modeling study surrounding communities. These the program on August 25, 2004 (69 FR
developed for the Roanoke MSA EAC control measures include: heavy duty 52174). Virginia began implementing its
Area meets EPA’s current modeling diesel and diesel equipment strategies NOX Budget Trading Program during the
requirements. The Commonwealth has (reduction of locomotive and school bus 2004 ozone season. The photochemical
adequately followed all relevant EPA idling, retrofit technology for school modeling that demonstrates attainment
guidance in demonstrating that the buses, the purchase and use of for the Roanoke MSA Area relies upon
Roanoke MSA EAC Area will attain the alternative fuel vehicles and biodiesel- expected benefits from the NOX SIP Call
8-hour ozone NAAQS in 2007, and ready trucks, the purchase of hybrid throughout the modeling domain.
continue to do so in 2012. The modeling vehicles, educational and training To help achieve attainment in the
results predict the maximum 2007 8- programs on vehicle use); tree canopy/ Area, the VADEQ has recently adopted
hour ozone design value for this area to urban forestry strategies; expansion of a NOX reasonably available control
be 80.1 ppb, which is less than what is bicycle infrastructure; a gasoline- technology (RACT) requirements for
needed (≤84 ppb) to show modeled powered lawnmower buy-back program; certain sources located in the Roanoke
attainment of the 8-hour ozone NAAQS. and open burning restrictions during MSA EAC Area. At this time, Virginia
The attainment modeling information days with elevated predicted ozone has formally established NOX RACT
presented in this notice should be used concentrations. requirements for three sources located
in conjunction with the In addition to the local strategies, in the Roanoke MSA EAC Area. The
Commonwealth’s SIP submittal and several State and Federal actions have Commonwealth has submitted the
EPA’s technical support document or will produce substantial ozone source-specific RACT requirements to
(TSD), as certain modeling requirements precursor emissions reductions both EPA for approval into the Virginia SIP.
performed by the State (i.e., details of inside and outside of the local EAC On April 27, 2005 (70 FR 21621), EPA
the quality assurance performed, Area. These State and Federal actions published a final rulemaking approving
detailed analysis of data suitability, are aimed at reducing local emissions by the source-specific NOX RACT
complete listings of all data inputs and limiting the transport of pollution into determinations for the Roanoke MSA
outputs, etc.) are not reproduced in this the Area from emissions sources located EAC area.
notice. outside of the local area. These At the Federal level, numerous EPA
strategies, when combined with the programs have been or will be
B. Measures Included in the EAC SIP
local strategies, are expected to lower implemented to reduce ozone pollution.
The Roanoke MSA EAP is designed to area ozone concentrations to the level at These programs, that were included in
enable a proactive approach to ensuring or below the ozone standard. the modeled demonstration of
attainment of the 8-hour ozone NAAQS. Control measures to be implemented attainment, cover all the major
Using the EAP approach, the Roanoke on the State level that were included in categories of ozone generating
MSA EAC Area will be implementing the attainment demonstration for the pollutants and are designed to assist
emission-reduction measures directed at Area include VOC and NOX RACT many areas that need to come into
attaining the 8-hour standard starting in controls for selected point and area compliance with the Federal ozone
2005. The Area is then required to sources in the Roanoke MSA Area; State standard. These include stationary and
demonstrate compliance with the 8- cutback asphalt regulations that will area source controls (low-VOC
hour ozone standard by 2007, and control VOC emissions in the Roanoke industrial/architectural paints, vehicle
maintain compliance with the standard Area; and Stage I vapor recovery for paints, metal-cleaning products, and
at least through 2012. Compliance with gasoline fueling stations. consumer products); motor vehicle
the standard will be determined using Virginia has also submitted a number emissions controls for VOC and NOX
ozone monitoring data. of State-supported measures in their (NLEV, Tier 2 vehicle requirements, and
The EAP control measures for the EAP that were not included in the heavy-duty diesel standards); and non-
Roanoke MSA EAC Area consist of attainment demonstration, but are road vehicle and equipment standards
local, State, and Federal emission expected to provide additional air (lawn and garden equipment,
reduction strategies. Control measures quality benefits to the Roanoke MSA construction equipment, boat engines,
to be implemented on the local level EAC Area. These control measures and locomotives).
that were included in the demonstration include: the National Low Emissions All these measures have been
of attainment for the Area include a Vehicle Program (NLEV) and the developed to address the creation of
comprehensive local air quality action utilization of an enhanced ozone ozone producing emissions in local
day strategy. This strategy is a forecasting tool for the Roanoke Area to areas as well as to lessen the regional
combination of activities to reduce support the local ozone action days transport of ozone as a comprehensive
ozone precursors. Local and county program and associated voluntary approach to reducing ozone levels. A
governments are making commitments emission reduction efforts. detailed description of all the control
to limit or ban certain ozone precursor The NOX SIP Call (63 FR 57356, measures including those that were
forming activities during predicted high October 27, 1998) required States to included in the attainment

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Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Proposed Rules 28255

demonstration, as well as the additional more of the following Ozone Transport programs could not be privileged
measures that are expected to assist the Commission (OTC) rules: Portable because such documents and
Area in meeting attainment of the Container Rule, the Architectural/ information are essential to pursuing
standard in 2007, can be found in the Industrial Maintenance Coatings Rule, enforcement in a manner required by
TSD prepared in support of this Mobile Equipment Repair and Federal law to maintain program
rulemaking. Refinishing Rule, Solvent Cleaning delegation, authorization or approval.’’
Operations Rule, and Consumer Virginia’s Immunity law, Va. Code
C. Maintenance for Growth
Products Rule. Sec. 10.1–1199, provides that ‘‘[t]o the
Consistent with EPA guidance, the extent consistent with requirements
EAP also contains components to ensure III. General Information Pertaining to
SIP Submittals From the imposed by Federal law,’’ any person
maintenance of the 8-hour ozone making a voluntary disclosure of
standard through 2012, five years Commonwealth of Virginia
information to a State agency regarding
beyond the 2007 attainment date. The In 1995, Virginia adopted legislation a violation of an environmental statute,
Roanoke MSA EAC Area has developed that provides, subject to certain regulation, permit, or administrative
an emissions inventory for the year conditions, for an environmental order is granted immunity from
2012, as well as a continuing planning assessment (audit) ‘‘privilege’’ for administrative or civil penalty. The
process to address this essential part of voluntary compliance evaluations Attorney General’s January 12, 1998
the plan. Due to the emission control performed by a regulated entity. The opinion states that the quoted language
measures identified in the EAP, the legislation further addresses the relative renders this statute inapplicable to
emissions inventory predicted an burden of proof for parties either
enforcement of any federally authorized
overall reduction in emissions through asserting the privilege or seeking
programs, since ‘‘no immunity could be
2012. From 1999 to 2007, emissions of disclosure of documents for which the
afforded from administrative, civil, or
VOCs are estimated to decline by 27.6 privilege is claimed. Virginia’s
criminal penalties because granting
percent and emissions of NOX are legislation also provides, subject to
such immunity would not be consistent
estimated to be reduced by 28.2 percent. certain conditions, for a penalty waiver
with Federal law, which is one of the
By 2012, emissions are predicted to be for violations of environmental laws
criteria for immunity.’’
8.2 percent less than those modeled in when a regulated entity discovers such
2007 for VOCs, and 25.5 percent less violations pursuant to a voluntary Therefore, EPA has determined that
than those modeled in 2007 for NOX. compliance evaluation and voluntarily Virginia’s Privilege and Immunity
Using air quality models to anticipate discloses such violations to the statutes will not preclude the
the impact of growth, as well as the Commonwealth and takes prompt and Commonwealth from enforcing its
Federal, State-assisted, and locally- appropriate measures to remedy the program consistent with the Federal
implemented measures to reduce violations. Virginia’s Voluntary requirements. In any event, because
emissions, the Commonwealth of Environmental Assessment Privilege EPA has also determined that a State
Virginia has projected the Area will be Law, Va. Code Sec. 10.1–1198, provides audit privilege and immunity law can
in attainment of the 8-hour ozone a privilege that protects from disclosure affect only State enforcement and
standard in 2007, and will remain in documents and information about the cannot have any impact on Federal
attainment through 2012. content of those documents that are the enforcement authorities, EPA may at
To fulfill the continuing planning product of a voluntary environmental any time invoke its authority under the
process that will ensure that the assessment. The Privilege Law does not Clean Air Act, including, for example,
Roanoke MSA EAC Area will maintain extend to documents or information (1) sections 113, 167, 205, 211 or 213, to
the 8-hour ozone standard through that are generated or developed before enforce the requirements or prohibitions
2012, the Roanoke MSA EAP establishes the commencement of a voluntary of the State plan, independently of any
a commitment and mechanism to work environmental assessment; (2) that are State enforcement effort. In addition,
with local stakeholders to identify and prepared independently of the citizen enforcement under section 304
require additional measures to further assessment process; (3) that demonstrate of the Clean Air Act is likewise
reduce ozone precursor emissions. In a clear, imminent and substantial unaffected by this, or any, State audit
addition, the EAC signatories and danger to the public health or privilege or immunity law.
implementing agencies will review all environment; or (4) that are required by IV. Proposed Action
EAC activities and report on these law.
results in their semi-annual reports, On January 12, 1998, the EPA is proposing to approve the
beginning in June 2006. The semi- Commonwealth of Virginia Office of the attainment demonstration and the EAP
annual reports will track and document, Attorney General provided a legal for the Roanoke MSA EAC Area in the
at a minimum, control strategy opinion that states that the Privilege Commonwealth of Virginia. The
implementation and results, monitoring Law, Va. Code Sec. 10.1–1198, modeling of ozone and ozone precursor
data, and future plans. Furthermore, as precludes granting a privilege to emissions from sources in the Roanoke
part of the SIP submittal, the Roanoke documents and information ‘‘required MSA EAC Area demonstrates that the
MSA commits to submit periodic by law,’’ including documents and specified control strategies will provide
updates to VADEQ and EPA on the information ‘‘required by Federal law to for attainment of the 8-hour ozone
implementation status and results of the maintain program delegation, NAAQS by December 31, 2007, and
local control program with sufficient authorization or approval,’’ since maintenance of that standard through
details to make program sufficiency Virginia must ‘‘enforce federally 2012. To date, the Roanoke MSA has
determinations. Although not required authorized environmental programs in a met all of its EAC milestones, and, as
by the EPA, the Roanoke MSA EAP manner that is no less stringent than long as the Area continues to meet the
contains contingency measures which their Federal counterparts. * * *’’ The agreed upon milestones, the
could be implemented in response to opinion concludes that ‘‘[r]egarding nonattainment designation for this Area
any unexpected shortfall in anticipated § 10.1–1198, therefore, documents or will be deferred until September 30,
reductions. These additional strategies other information needed for civil or 2005. EPA is soliciting public comments
include the implementation of one or criminal enforcement under one of these on the issues discussed in this

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28256 Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Proposed Rules

document. These comments will be failure to use VCS. It would thus be consists of an Early Action Compact
considered before taking final action. inconsistent with applicable law for (EAC) Plan that will enable the
EPA, when it reviews a SIP submission, Washington County EAC Area to
V. Statutory and Executive Order
to use VCS in place of a SIP submission demonstrate attainment and
Reviews
that otherwise satisfies the provisions of maintenance of the 8-hour ozone
Under Executive Order 12866 (58 FR the Clean Air Act. Thus, the national ambient air quality (NAAQS)
51735, October 4, 1993), this proposed requirements of section 12(d) of the standard. This action is being taken
action is not a ‘‘significant regulatory National Technology Transfer and under the Clean Air Act (CAA).
action’’ and therefore is not subject to Advancement Act of 1995 (15 U.S.C. DATES: Written comments must be
review by the Office of Management and 272 note) do not apply. As required by received on or before June 16, 2005.
Budget. For this reason, this action is section 3 of Executive Order 12988 (61 ADDRESSES: Submit your comments,
also not subject to Executive Order FR 4729, February 7, 1996), in issuing
13211, ‘‘Actions Concerning Regulations identified by Regional Material in
this proposed rule, EPA has taken the EDocket (RME) ID Number R03–OAR–
That Significantly Affect Energy Supply, necessary steps to eliminate drafting
Distribution, or Use’’ (66 FR 28355 (May 2005–MD–0004 by one of the following
errors and ambiguity, minimize methods:
22, 2001)). This action merely proposes potential litigation, and provide a clear
to approve State law as meeting Federal A. Federal eRulemaking Portal:
legal standard for affected conduct. EPA http://www.regulations.gov. Follow the
requirements and imposes no additional has complied with Executive Order
requirements beyond those imposed by on-line instructions for submitting
12630 (53 FR 8859, March 15, 1988) by comments.
State law. Accordingly, the examining the takings implications of
Administrator certifies that this B. Agency Web site: http://
the rule in accordance with the www.docket.epa.gov/rmepub/ RME,
proposed rule will not have a significant ‘‘Attorney General’s Supplemental
economic impact on a substantial EPA’s electronic public docket and
Guidelines for the Evaluation of Risk comment system, is EPA’s preferred
number of small entities under the and Avoidance of Unanticipated
Regulatory Flexibility Act (5 U.S.C. 601 method for receiving comments. Follow
Takings’’ issued under the executive the on-line instructions for submitting
et seq.). Because this rule proposes to order.
approve pre-existing requirements comments.
This proposed rule, pertaining to the C. E-mail: campbell.dave@epa.gov.
under State law and does not impose attainment demonstration and EAP for
any additional enforceable duty beyond D. Mail: R03–OAR–2005–MD–0004,
the Roanoke MSA ozone EAC Area, David Campbell, Chief, Air Quality
that required by State law, it does not does not impose an information
contain any unfunded mandate or Planning Branch, Mailcode 3AP21, U.S.
collection burden under the provisions Environmental Protection Agency,
significantly or uniquely affect small
of the Paperwork Reduction Act of 1995 Region III, 1650 Arch Street,
governments, as described in the
(44 U.S.C. 3501 et seq.). Philadelphia, Pennsylvania 19103.
Unfunded Mandates Reform Act of 1995
(Public Law 104–4). This proposed rule List of Subjects in 40 CFR Part 52 E. Hand Delivery: At the previously-
also does not have a substantial direct listed EPA Region III address. Such
Environmental protection, Air deliveries are only accepted during the
effect on one or more Indian tribes, on pollution control, Nitrogen dioxide,
the relationship between the Federal Docket’s normal hours of operation, and
Ozone, Reporting and recordkeeping special arrangements should be made
Government and Indian tribes, or on the requirements, Volatile organic
distribution of power and for deliveries of boxed information.
compounds. Instructions: Direct your comments to
responsibilities between the Federal
Government and Indian tribes, as Authority: 42 U.S.C. 7401 et seq. RME ID No. R03–OAR–2005–MD–0004.
specified by Executive Order 13175 (65 Dated: May 3, 2005. EPA’s policy is that all comments
FR 67249, November 9, 2000), nor will Donald S. Welsh, received will be included in the public
it have substantial direct effects on the docket without change, and may be
Regional Administrator, Region III.
States, on the relationship between the made available online at http://
[FR Doc. 05–9782 Filed 5–16–05; 8:45 am]
national government and the States, or www.docket.epa.gov/rmepub/,
BILLING CODE 6560–50–P
on the distribution of power and including any personal information
responsibilities among the various provided, unless the comment includes
levels of government, as specified in information claimed to be Confidential
ENVIRONMENTAL PROTECTION
Executive Order 13132 (64 FR 43255, Business Information (CBI) or other
AGENCY
August 10, 1999), because it merely information whose disclosure is
proposes to approve a State rule 40 CFR Part 52 restricted by statute. Do not submit
implementing a Federal standard, and information that you consider to be CBI
does not alter the relationship or the [R03–OAR–2005–MD–0004; FRL–7913–8] or otherwise protected through RME,
distribution of power and regulations.gov or e-mail. The EPA RME
Approval and Promulgation of Air
responsibilities established in the Clean and the Federal regulations.gov Web
Quality Implementation Plans;
Air Act. This proposed rule also is not sites are an ‘‘anonymous access’’
Maryland; Attainment Demonstration
subject to Executive Order 13045 (62 FR system, which means EPA will not
for the Washington County Early
19885, April 23, 1997), because it is not know your identity or contact
Action Compact Area
economically significant. information unless you provide it in the
In reviewing SIP submissions, EPA’s AGENCY: Environmental Protection body of your comment. If you send an
role is to approve State choices, Agency (EPA). e-mail comment directly to EPA without
provided that they meet the criteria of ACTION: Proposed rule. going through RME or regulations.gov,
the Clean Air Act. In this context, in the your e-mail address will be
absence of a prior existing requirement SUMMARY: EPA is proposing to approve automatically captured and included as
for the State to use voluntary consensus a State Implementation Plan (SIP) part of the comment that is placed in the
standards (VCS), EPA has no authority revision submitted by the State of public docket and made available on the
to disapprove a SIP submission for Maryland. The proposed revision Internet. If you submit an electronic

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