	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2007-0287; FRL-        ] 

Approval and Promulgation of Air Quality Implementation Plans; Virginia;


Northern Virginia Reasonably Available Control Technology Under the
8-Hour Ozone National Ambient Air Quality Standard

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Proposed rule.

SUMMARY:  EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Virginia.  This SIP revision
consists of a demonstration that the Virginia portion (Cities of
Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park; Counties
of Arlington, Fairfax, Loudoun, and Prince William) of the
Washington-DC-MD-VA area meets the requirements of reasonably available
control technology (RACT) for oxides of nitrogen (NOx) and volatile
organic compounds (VOCs) set forth by the Clean Air Act (CAA).  This SIP
revision demonstrates that all requirements for RACT are met either
through: certification that previously adopted RACT controls in
Virginia’s SIP that were approved by EPA under the 1-hour ozone NAAQS
are based on the currently available technically and economically
feasible controls, and that they continue to represent RACT for the
8-hour implementation purposes; a negative declaration demonstrating
that no facilities exist in the Virginia portion of the
Washington-DC-MD-VA area for certain control technology guideline (CTG)
categories; and a new RACT determination for a specific source.  This
action is being taken under the CAA. 

DATES:  Written comments must be received on or before [insert date 30
days from date of publication].

ADDRESSES:  Submit your comments, identified by Docket ID Number
EPA-R03-OAR-

2007-0287 by one of the following methods:

A.    www.regulations.gov.  Follow the on-line instructions for
submitting comments.

B.    E-mail:    HYPERLINK "mailto:fernandez.cristina@epa.gov" 
fernandez.cristina@epa.gov .

C.    Mail:  EPA-R03-OAR-2007-0287, Cristina Fernandez, 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-2007-0287.  EPA's policy is that all comments received will
be included in the public docket without change, and 

may be made available online at 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
www.regulations.gov or e-mail.  The www.regulations.gov website 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 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
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 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:  Gregory Becoat, (215) 814-2036, or by
e-mail at becoat.gregory@epa.gov.

SUPPLEMENTARY INFORMATION:  

I.  Background

Ozone is formed in the atmosphere by photochemical reactions between
VOC, NOx, and carbon monoxide (CO) in the presence of sunlight.  In
order to reduce ozone concentrations in the ambient air, the CAA
requires all nonattainment areas to apply controls on VOC/NOx emission
sources to achieve emission reductions.

Since the 1970's, EPA has consistently interpreted RACT to mean the
lowest emission limit that a particular source is capable of meeting by
the application of the control technology that is reasonably available
considering technological and economic feasibility.  See, e.g., 72 FR
20586 at 20610 (April 25, 2007).   Section 182 of the CAA sets forth two
separate RACT requirements for ozone nonattainment areas.  The first
requirement, contained in section 182(a)(2)(A) of the CAA, and referred
to as RACT fix-up, requires the correction of RACT rules for which EPA
identified deficiencies before the CAA was amended in 1990.  On March
31, 1994 (59 FR 15117), EPA published a final rulemaking notice
approving the Commonwealth of Virginia’s SIP revision in order to
correct the Commonwealth’s VOC RACT regulations and establish and
require the implementation of revised SIP regulations to control VOCs.  

The second requirement, set forth in section 182(b)(2) of the CAA,
applies to moderate (or worse) ozone nonattainment areas and attainment
areas in the ozone transport region (OTR) established pursuant to
section 184 of the CAA.  These areas are required to implement RACT
controls on all major VOC and NOx emission sources and on all sources
and source categories covered by a control technology guideline (CTG)
issued by EPA.  On March 12, 1997 (62 FR 11332), EPA published a final
rulemaking notice approving the Commonwealth of Virginia’s SIP
revision as meeting the CTG RACT provisions of the CAA.  Further details
of Virginia’s RACT requirements can be found in a Technical Support
Document (TSD) prepared for this rulemaking.

The counties of Fairfax, Loudoun, Prince William, and Arlington, as well
as the cities of Fairfax, Alexandria, Manassas, Manassas Park, and Falls
Church, Virginia (collectively referred to in this notice as Northern
Virginia), along with Stafford County, Virginia, Washington, D.C., and
portions of southern Maryland, are part of the OTR.  The OTR is
established by section 184 of the CAA.  Under the 1-hour ozone NAAQS,
these jurisdictions, including Stafford County, Virginia, Washington,
D.C., and portions of southern Maryland were originally classified as
part of the Metropolitan Washington serious 1-hour ozone nonattainment
area (Washington 1-hour Area) (56 FR 56694 at 56844, November 6, 1991). 
 

The Washington 1-hour Area had certain RACT requirements under section
182 for VOC and NOx.  Section 182(b)(2) of the CAA required the
Commonwealth of Virginia to implement RACT on all sources and source
categories covered by a CTG issued by EPA.  Point sources with the
potential to emit 50 tons per year or more of VOCs or 100 tons per year
or more of NOx that were not covered by a CTG were also required to
implement RACT.  As a result of failure to meet the attainment date of
November 15, 1999, the Metropolitan Washington area was reclassified
from serious to severe nonattainment area for the 1-hour standard (68 FR
3410, January 24, 2003).  As a result of the reclassification, the
Commonwealth of Virginia was required to perform RACT evaluations on
point sources with the potential to emit 25 tons per year for either VOC
(62 FR 11334, March 12, 1997) or NOx (69 FR 48150, August 9, 2004).  See
also 66 FR 8, January 2, 2001; 69 FR 54578, September 9, 2004; 69 FR
59812, October 6, 2004; 69 FR 54600, September 9, 2004.

The Washington 1-hour Area is also part of the OTR.  The OTR is
established by section 184 of the CAA.  Areas in the OTR are subject to
OTR-specific RACT requirements.  Section 184(b)(1)(B) of the CAA,
requires the implementation of RACT with respect to all sources of VOC
covered by a CTG.  Additionally, section 184(b)(2) of the CAA, requires
the implementation of major stationary source requirements as if the
area were a moderate nonattainment area on any stationary source with a
potential to emit of at least 50 tons per year of VOC or 100 tons per
year of NOx.  However, the Washington 1-hour Area satisfies the section
184 RACT requirements because section 182 requirements are more
stringent as a result of reclassification to a severe nonattainment area
for the 1-hour standard; therefore, no additional measures for the
implementation of RACT are applicable (68 FR at 3425, January 24, 2003).

Under the 8-hour ozone NAAQS, the Washington 1-hr Area, with the
exception of Stafford County, was designated and classified as a
moderate nonattainment area, and is therefore subject to the CAA RACT
requirements in section 182(b) (69 FR 23858, April 30, 2004).  Virginia
is required to submit to EPA a SIP revision that demonstrates how the
Commonwealth meets the RACT requirements under the 8-hour ozone standard
in Northern Virginia.

                                                                       

EPA requires under the 8-hour ozone NAAQS that states meet the CAA RACT
requirements, either through a certification that previously adopted
RACT controls in their SIP approved by EPA under the 1-hour ozone NAAQS
represent adequate RACT control levels for 8-hour attainment purposes,
or through the establishment of new or more stringent requirements that
represent RACT control levels.  See Final Rule To Implement the 8-Hour
Ozone National Ambient Air Quality Standard--Phase 2; Final Rule To
Implement Certain Aspects of the 1990 Amendments Relating to New Source
Review and Prevention of Significant Deterioration as They Apply in
Carbon Monoxide, Particulate Matter and Ozone NAAQS; Final Rule for
Reformulated Gasoline (Phase 2 Rule) 70 FR 71612, 71655, November 29,
2005.  Sections 172(c)(1) and 182(b)(2) of the CAA require that all SIPs
satisfy the NOx and VOCs RACT requirements that apply in areas that have
not attained the NAAQS for ozone.  See 42 U.S.C. 7502(c)(1), 42 U.S.C.
7511a(b)(2), and 42 U.S.C. 7511a(f).  EPA has determined that States
that have RACT provisions approved in their SIPs for 1-hour ozone
nonattainment areas have several options for fulfilling the RACT
requirements for the 8-hour ozone NAAQS.  If a State meets certain
conditions, it may certify that previously adopted 1-hour ozone RACT
controls in the SIP continue to represent RACT control levels for
purposes of fulfilling 8-hour ozone RACT requirements.  Alternatively, a
State may establish new or more stringent requirements that represent
RACT control levels, either in lieu of or in conjunction with a
certification.

As set forth in the preamble to the Phase 2 Rule, a certification must
be accompanied by appropriate supporting information such as
consideration of information received during the public comment period
and consideration of new data (70 FR at 71655).  This information may
supplement existing RACT guidance documents that were developed for the
1-hour standard, such that the State’s SIP accurately reflects RACT
for the 8-hour ozone standard based on the current availability of
technically and economically feasible controls.  Establishment of new
RACT requirements will occur when states have new stationary sources not
covered by existing RACT regulations, or when new data or technical
information indicates that a previously adopted RACT measure does not
represent a newly available RACT control level.  Another 8-hour ozone
NAAQS requirement for RACT is to submit a negative declaration if there
are no CTG sources or major sources of VOC and NOx emissions in lieu of
or in addition to a certification.                                      
                                                                        
                                                            

II.  Summary of SIP Revision

On October 23, 2006, the Virginia Department of Environmental Quality
(VADEQ) submitted a revision to its SIP that addresses the requirements
of RACT under the 8-hour ozone NAAQS set forth by the CAA.  Virginia’s
SIP revision is consistent with the process in the Phase 2 Rule
preamble, and satisfies the requirements of RACT set forth by the CAA
under the 8-hour ozone NAAQS.  Virginia’s SIP revision satisfies the
8-hour RACT requirements through (1) certification that previously
adopted RACT controls in Virginia’s SIP that were approved by EPA
under the 1-hour ozone NAAQS are based on the currently available
technically and economically feasible controls, and continues to
represent RACT for the 8-hour implementation purposes; (2) a negative
declaration demonstrating that no facilities exist in the Virginia
portion of the Washington-DC-MD-VA area for the applicable CTG
categories; and (3) a new RACT determination for a single source.

A.  VOC CTG RACT Controls

Virginia’s Regulations codified at 9 VAC 5 Chapter 40, contain the
Commonwealth’s CTG VOC RACT controls that were implemented and
approved in the Virginia SIP under the 1-hour ozone NAAQS.  Table 1
lists Virginia’s VOC RACT controls, which Virginia is certifying as
meeting the 8-hour RACT requirements.

Table 1	Virginia’s CTG VOC RACT Controls

Regulation

(9 VAC 5)	Existing Stationary Sources – 40 CFR 52.2420 (c)

	Title of Regulation	State Effective Date	Federal Register Date for SIP
Approval	Citation

5-40-460	Emission Standards for Synthesized Pharmaceutical Products
Manufacturing Operations	02/1/02	03/3/06	71 FR 10838

5-40-610	Emission Standards for Rubber Tire Manufacturing Operations
04/17/95	04/21/00	65 FR 21315

5-40-1400	Emission Standards for Petroleum Refinery Operations	04/17/95
04/21/00	65 FR 21315

5-40-3290	Emission Standards for Solvent Metal Cleaning Operations Using
Non-Halogenated Solvents	04/1/97	11/3/99	64 FR 59635

5-40-3590	Emission Standards for Large Appliance Coating Application
Systems	04/17/95	04/21/00	65 FR 21315

5-40-3740	Emission Standards for Magnet Wire Coating Application Systems
04/17/95	04/21/00	65 FR 21315

5-40-3890	Emission Standards for Automobile and Light Duty Truck Coating
Application Systems	04/17/95	04/21/00	65 FR 21315

5-40-4040	Emission Standards for Can Coating Application Systems
04/17/95	04/21/00	65 FR 21315

5-40-4190	Emission Standards for Metal Coil Coating Application Systems
04/17/95	04/21/00	65 FR 21315

5-40-4340	Emission Standards for Paper and Fabric Coating Application
Systems	04/17/95	04/21/00	65 FR 21315

5-40-4490	Emission Standards for Vinyl Coating Application Systems
04/17/95	04/21/00	65 FR 21315

5-40-4640	Emission Standards for Metal Furniture Coating Application
Systems	04/17/95	04/21/00	65 FR 21315

5-40-4790	Emission Standards for Miscellaneous Metal Parts and Products
Coating Application Systems	04/17/95	04/21/00	65 FR 21315

5-40-4940	Emission Standards for Flatwood Paneling Coating Application
Systems	04/17/95	04/21/00	65 FR 21315

5-40-5080	Flexographic, Packaging Rotogravure, and Publication
Rotogravure Printing Lines	04/1/96	03/12/97	62 FR 11334

5-40-5230	Emission Standards for Petroleum Liquid Storage and Transfer
Operations – Stage I Vapor Control Systems – Gasoline Service
Stations	02/1/02	03/3/06	71 FR 10838

5-40-5230	Emission Standards for Petroleum Liquid Storage and Transfer
Operations – Tank Truck Gasoline Loading Terminals	02/1/02	03/3/06	71
FR 10838

5-40-5230	Emission Standards for Petroleum Liquid Storage and Transfer
Operations – Bulk Gasoline Plants	02/1/02	03/3/06	71 FR 10838

5-40-5230	Emission Standards for Petroleum Liquid Storage and Transfer
Operations – Petroleum Liquids in Fixed Roof Tanks	02/1/02	03/3/06	71
FR 10838

5-40-5230	Emission Standards for Petroleum Liquid Storage and Transfer
Operations – Petroleum Liquid Storage in External Floating Roof Tanks
02/1/02	03/3/06	71 FR 10838

5-40-5230	Emission Standards for Petroleum Liquid Storage and Transfer
Operations – Gasoline Tank Trucks and Vapor Collection Systems	02/1/02
03/3/06	71 FR 10838

5-40-5510	Emission Standards for Asphalt Paving Operations	04/17/95
04/21/00	65 FR 21315

5-40-6840	Emission Standards for Solvent Metal Cleaning Operations in
the Northern Virginia Volatile Organic Compound Emissions Control Area
03/24/04	06/09/04	69 FR 32277



Virginia also submitted a negative declaration certifying that the
following VOC CTG sources do not exist in Northern Virginia and
therefore there is no need for Virginia to adopt CTGs for these sources.
 Table 2 lists VOC CTG sources in Virginia’s negative declaration. 

Table 2 – VOC CTG sources for which no Applicable Facilities Exist in
Northern Virginia



Control of Volatile Organic Compound Leaks from Petroleum Refinery
Equipment

Control of Volatile Organic Compound Emissions form Large Petroleum Dry
Cleaners

Control of Volatile Organic Compound Emissions from Manufacture of High
Density Polyethylene, Polypropylene, and Polystyrene Resins

Control of Volatile Organic Compound Equipment Leaks form Natural
Gas/Gasoline Processing Plants 

Control of Volatile Organic Compound fugitive Emission from Synthetic
Organic Chemical Polymer and Resin Manufacturing Equipment 

Control of Volatile Organic Compound Emissions from Air Oxidation
Processes in Synthetic Organic Chemical Manufacturing Industry

SOCMI Distillation and Reactor Processes 

Wood Furniture 

Shipbuilding/repair 

Aerospace 



B.  Source-specific RACT Controls

Table 3 lists Virginia’s source-specific RACT controls, that were
implemented and approved into the Virginia SIP under the 1-hour ozone
NAAQS, which Virginia is certifying as meeting the 8-hr RACT
requirements for VOC and/or NOx.

Table 3	Source-specific RACT Controls

Facility Name	State Effective Date	Pollutant	Federal Register Date
Citation

Pentagon Utilities Plant	05/17/00	NOx	01/02/01	66 FR 8

Washington Gas Light Company	04/03/98	NOx	01/02/01	66 FR 8

Dominion Virginia Power-Possum Point Power Station1	n/a	NOx	n/a	n/a

	06/12/95	VOC	01/02/01	66 FR 8

Mirant-Potomac River Power Plant1	n/a	NOx	n/a	n/a

	05/08/00	VOC	01/02/01	66 FR 8

United States Marine Base – Quantico	05/24/00	NOx	01/02/01	66 FR 8

U.S. Army – Fort Belvoir	05/16/00	NOx	01/02/01	66 FR 8

Noman M. Cole, Jr. Pollution Control Plant	12/23/99	NOx	01/02/01	66 FR 8

Covanta – Alexandria	07/31/98	NOx	01/02/01	66 FR 8

Covanta – Fairfax	04/03/98	NOx	01/02/01	66 FR 8

Transco – Station 185	09/05/96	NOx	01/02/01	66 FR 8

Michigan Cogeneration Systems, Inc.	05/10/00	NOx	01/02/01	66 FR 8

	05/10/00	VOC	01/02/01	66 FR 8

CNG Service Company	05/22/00	NOx	01/02/01	66 FR 8

	05/22/00	VOC	01/02/01	66 FR 8

Columbia Gas Transmission Corporation	05/23/00	NOx	01/02/01	66 FR 8

Prince William County Department of Public Works	04/16/04	NOx	09/09/04
69 FR 54581

1 NOx SIP Call – These facilities in the Virginia portion of the
Washington-DC-MD-VA 8-hour nonattainment area are subject to 9 VAC 5
Chapter 140 Regulation for Emissions Trading Part I NOx Budget Trading
Program, often called the NOx SIP Call.  These facilities may be
recertified as meeting NOx RACT requirement  based on the Phase 2 Rule
and source-specific RACT controls, as well as their compliance with the
NOx Budget Trading Program (9 VAC 5 Chapter 140).  See Phase 2 Rule, 70
FR 71617, 71652, November 29, 2005.

A new RACT determination was performed for the Noman M. Cole Pollution
Control Plant. Based on the results, the Noman M. Cole Pollution Control
Plant’s existing RACT determination of proper operation and good
combustion practices can be recertified.  Further details of the
Commonwealth of Virginia’s RACT determination can be found in a TSD
prepared for this rulemaking.    

III.  General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia 

In 1995, Virginia adopted legislation that provides, subject to certain
conditions, for an environmental assessment (audit) “privilege” for
voluntary compliance evaluations performed by a regulated entity.  The
legislation further addresses the relative burden of proof for parties
either asserting the privilege or seeking disclosure of documents for
which the privilege is claimed.  Virginia's legislation also provides,
subject to certain conditions, for a penalty waiver for violations of
environmental laws when a regulated entity discovers such violations
pursuant to a voluntary compliance evaluation and voluntarily discloses
such violations to the Commonwealth and takes prompt and appropriate
measures to remedy the violations.  Virginia's Voluntary Environmental
Assessment Privilege Law, Va. Code Sec. 10.1-1198, provides a privilege
that protects from disclosure documents and information about the
content of those documents that are the product of a voluntary
environmental assessment. The Privilege Law does not extend to documents
or information (1) that are generated or developed before the
commencement of a voluntary environmental assessment; (2) that are
prepared independently of the assessment process; (3) that demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) that are required by law.

On January 12, 1998, the Commonwealth of Virginia Office of the Attorney
General provided a legal opinion that states that the Privilege law, Va.
Code Sec. 10.1-1198,  precludes granting a privilege to documents and
information “required by law,” including documents and information
(required by Federal law to maintain program delegation, authorization
or approval,” since Virginia must (enforce Federally authorized
environmental programs in a manner that is no less stringent than their
Federal counterparts. . . .”   The opinion concludes that
“[r]egarding ( 10.1-1198, therefore, documents or other information
needed for civil or criminal enforcement under one of these programs
could not be privileged because such documents and information are
essential to pursuing enforcement in a manner required by Federal law to
maintain program delegation, authorization or approval.”   



Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ([t]o
the extent consistent with requirements imposed by Federal law,(  any
person making a voluntary disclosure of information to a state agency
regarding a violation of an environmental statute, regulation, permit,
or administrative order is granted immunity from administrative or civil
penalty.  The Attorney General's January 12, 1998 opinion states that
the quoted language renders this statute inapplicable to enforcement of
any Federally authorized programs, since (no immunity could be afforded
from administrative, civil, or criminal penalties because granting such
immunity would not be consistent with Federal law, which is one of the
criteria for immunity.(   

Therefore, EPA has determined that Virginia's Privilege and Immunity
statutes will not preclude the Commonwealth from enforcing its program
consistent with the Federal requirements.  In any event, because EPA has
also determined that a state audit privilege and immunity law can affect
only state enforcement and cannot have any impact on Federal enforcement
authorities, EPA may at any time invoke its authority under the CAA,
including, for example, sections 113, 167, 205, 211 or 213, to enforce
the requirements or prohibitions of the state plan, independently of any
state enforcement effort.  In addition, citizen enforcement under
section 304 of the CAA is likewise unaffected by this, or any, state
audit privilege or immunity law.

IV.  Proposed Action

EPA is proposing to approve the Virginia SIP revision that addresses the
requirements of RACT under the 8-hour ozone NAAQS, which was submitted
on October 23, 2006.  This SIP revision is based on a combination of (1)
certifications that previously adopted RACT controls in Virginia’s SIP
that were approved by EPA under the 1-hour ozone NAAQS are based on the
currently available technically and economically feasible controls, and
continues to represent RACT for the 8-hour implementation purposes; (2)
a negative declaration demonstrating that no facilities exist in the
four county, five city area for the applicable CTG categories; and (3) a
new RACT determination for a single source.  EPA is soliciting public
comments on the issues discussed in this document.  These comments will
be considered before taking final action. 

V.  Statutory and Executive Order Reviews 

Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations.  42 U.S.C. 7410(k); 40 CFR 52.02(a).  Thus, in
reviewing SIP submissions, EPA’s role is to approve state choices,
provided that they meet the criteria of the Clean Air Act.  Accordingly,
this action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law.  For that reason, this proposed action:

is not a "significant regulatory action” subject to review by the
Office of Management and Budget under Executive Order 12866 (58 FR
51735, October 4, 1993);  

does not impose an information collection burden under the provisions of
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

is certified as not having a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.);  

does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Public Law 104-4);

does not have Federalism implications as specified in Executive Order
13132 (64 FR 43255, August 10, 1999);

is not an economically significant regulatory action based on health or
safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
1997); 

is not a significant regulatory action subject to Executive Order 13211
(66 FR 28355, May 22, 2001); 

is not subject to requirements of Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note)
because application of those requirements would be inconsistent with the
CAA; and 

does not provide EPA with the discretionary authority to address, as
appropriate, disproportionate human health or environmental effects,
using practicable and legally permissible methods, under Executive Order
12898 (59 FR 7629, February 16, 1994).

In addition, this proposed rule, pertaining to the Virginia RACT under
the 8-hour ozone NAAQS, does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state, and
EPA notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law.

List of Subjects in 40 CFR Part 52  

Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds. 



Authority: 42 U.S.C. 7401 et seq.

                                                                        
                          

_February 5, 2009_________                                    
____________/s/________________

Dated:                             		   		William T. Wisniewski, Acting	

                                                                 	
Regional Administrator,

                                                                 	
Region III.

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