Approval and Promulgation of Air Quality Implementation Plans; Virginia; Attainment Demonstration for the Roanoke Metropolitan Statistical Area (MSA) Early Action Compact Area, 28252-28256 [05-9782]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Proposed Rules]
[Pages 28252-28256]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9782]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R03-OAR-2005-VA-0004; FRL-7913-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Attainment Demonstration for the Roanoke Metropolitan 
Statistical Area (MSA) Early Action Compact Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the Commonwealth of Virginia. The proposed 
revision consists of an Early Action Compact (EAC) Plan that will 
enable the Roanoke MSA EAC Area to demonstrate attainment and 
maintenance of the 8-hour ozone national ambient air quality (NAAQS) 
standard. This action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before June 16, 2005.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number R03-OAR-2005-VA-0004 by one of the following 
methods:
    A. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    B. Agency Web site: https://www.docket.epa.gov/rmepub/ RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Follow the on-line instructions for submitting 
comments.
    C. E-mail: campbell.dave@epa.gov.
    D. Mail: R03-OAR-2005-VA-0004, David Campbell, Chief, Air Quality 
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    E. 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 RME ID No. R03-OAR-2005-VA-
0004. EPA's policy is that all comments received will be included in 
the public docket without change, and may be made available online at 
https://www.docket.epa.gov/rmepub/, 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 RME, regulations.gov 
or e-mail. The EPA RME and the Federal regulations.gov Web sites are 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 RME or 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 
RME index at https://www.docket.epa.gov/rmepub/. Although listed in the 
index,

[[Page 28253]]

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 RME 
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: Ellen Wentworth, (215) 814-2034, or by 
e-mail at wentworth.ellen@epa.gov.

SUPPLEMENTARY INFORMATION: On December 21, 2004, the Commonwealth of 
Virginia submitted a revision to its SIP. This revision consists of an 
Early Action Plan (EAP) for the Roanoke MSA Ozone EAC Area. On February 
17, 2005, the Commonwealth supplemented its December 20, 2004 submittal 
by providing a copy of the record of hearing and summary of testimony 
during its rule adoption process.

I. Background

    In 1997, EPA established a new 8-hour ozone NAAQS that addresses 
the longer-term impact of ozone at lower levels. As such, the new 
standard is set at a lower level, 0.08 parts per million (ppm) than the 
previous 1-hour standard, 0.120 ppm, and is more protective of human 
health. Attainment of the 8-hour ozone standard is determined by 
averaging three years of the fourth highest 8-hour ozone levels as 
recorded by ambient air quality monitor(s) in an area. This number, 
called the design value, must be lower than 85 parts per billion (ppb) 
in order for the area to comply with the ozone standard. Currently, the 
Roanoke MSA EAC Area, which consists of the Counties of Botetourt and 
Roanoke, the Cities of Roanoke and Salem, and the Town of Vinton, has 
an official design value, based on quality-assured air quality date for 
the period 2001 to 2003, of 85 ppb \1\.
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    \1\ To attain the 8-hour national ambient air quality standard 
(NAAQS) for ozone requires the fourth highest 8-hour daily maximum 
ozone concentration, average over three consecutive years, to be 
<=80 parts per billion (ppb) at each monitoring site (See 40 CFR 
part 50.10, Appendix I, paragraph 2.3). Because of the stipulations 
for rounding significant figures, this equates to a modeled 
attainment target of <=84 ppb. Because non-significant figures are 
truncated, a modeling estimate of < 85ppb is equivalent to <=84 ppb.
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    To begin to address the elevated ozone concentrations in the 
Roanoke MSA, the Virginia Department of Environmental Quality (VADEQ) 
investigated voluntary actions that could be implemented proactively to 
improve air quality. Virginia found the most promising of all of the 
options it explored to be EPA's EAC program. EACs are voluntary 
agreements entered into by affected local jurisdictions, State 
regulatory agencies, and EPA to develop EAPs to reduce ozone precursor 
pollutants, such as nitrogen oxides (NOX) and volatile 
organic compounds (VOCs) and improve local air quality. The goal of an 
EAP is to bring about a positive change to local air quality on a 
schedule that is faster than the traditional regulatory nonattainment 
area designation and air quality planning process. These plans include 
the same components of traditional SIPs for nonattainment areas: 
emissions inventories, control strategies, schedules and commitments, 
and a demonstration of attainment based on photochemical modeling.
    The goal of an EAP is to develop a comprehensive strategy that will 
allow an area to achieve attainment of the 8-hour ozone standard by 
2007. This goal is accomplished by selecting and implementing the local 
ozone precursor pollutant control measures and other State and 
nationally-implemented control measures that reduce emissions and 
allows the area to comply with the NAAQS for ozone. Areas successful in 
developing a plan that demonstrates attainment of the 8-hour ozone 
standard by 2007 will receive a deferral of the effective date of the 
nonattainment designation for the area from EPA. This deferral will 
remain in place as long as certain milestones are met, such as 
implementation of local controls by 2005. If the interim milestones are 
met and the area demonstrates attainment of the standard during the 
period from 2005 to 2007, based on quality-assured air quality data, 
then the nonattainment designation for the relevant area will be 
withdrawn by EPA and the area will face no further regulatory 
requirements. If an area fails at any point in the process, the 
nonattainment designation will become effective along with all of the 
associated regulatory requirements of such a designation.
    In December 2002, a number of States entered into EAC agreements, 
pledging to reduce emissions earlier than required by the Act for 
compliance with the 8-hour ozone standard. These States and local 
communities had to meet specific criteria and agreed to meet certain 
milestones for development and implementation of their individual EAC 
agreements. States with communities participating in the EAC program 
had to submit plans for meeting the 8-hour ozone standard by December 
31, 2004, rather than the June 15, 2007 deadline applicable to all 
other areas not meeting the standard. The EACs required communities to 
develop and implement air pollution control strategies, account for 
emissions growth, and demonstrate attainment and maintenance of the 8-
hour ozone standard. Greater details on the EAC program are explained 
in EPA's December 16, 2003 (68 FR 70108) proposed Federal Register 
notice entitled, ``Deferral of Effective Date of Nonattainment 
Designations for 8-hour Ozone National Ambient Air Quality Standards 
for Early Action Compact Areas.'' In December 2002, the Roanoke MSA 
entered into an EAC with both the Commonwealth of Virginia and EPA. 
This compact was signed by all parties involved and then submitted to 
EPA by the required date of December 31, 2002.
    On April 15, 2004, EPA designated all areas for the 8-hour ozone 
standard. The EPA deferred the effective date of nonattainment 
designations for EAC areas that were violating the 8-hour standard, but 
continued to meet the their established EAC milestones. On April 30, 
2004 (69 FR 23858), EPA published its formal air quality designations 
and classifications for the 8-hour ozone standard. This action included 
the deferral of the effective date for all nonattainment areas that 
entered into EACs and developed EAPs, including the Roanoke MSA EAC 
Area. Specifically, the Roanoke MSA was designated as a ``basic'' 
nonattainment area with the effective date of the designation deferred 
to September 30, 2005. In a separate notice, EPA expects to continue to 
officially defer the effective date of the nonattainment designation 
for this Area, among others, in the future so long as the Area 
continues to fulfill its EAC obligations, including semi-annual status 
reporting requirements, implementation of the measures in its EAP by 
December 31, 2005, and a progress assessment by June 30, 2006. EPA 
anticipates extending the currently effective deferral for all EAC 
areas from September 30, 2005 until December 31, 2006, provided the 
above conditions are met.

II. Summary of the SIP Revision

A. Content of the Roanoke MSA EAC Area Attainment Demonstration

    As part of its EAC plan, Virginia developed an attainment 
demonstration supported by an ozone photochemical modeling study for 
the Roanoke MSA EAC Area. The attainment

[[Page 28254]]

demonstration identifies a set of measures that will result in emission 
reductions and provides analyses that predict that the measures will 
result in ambient air quality concentrations that meet the 8-hour ozone 
standard in the Roanoke MSA EAC Area.
    The attainment demonstration was supported by results of a 
photochemical modeling analysis and technical documentation for all 
ozone monitors in the Roanoke MSA EAC Area. EPA believes that VADEQ's 
8-hour ozone photochemical modeling study developed for the Roanoke MSA 
EAC Area meets EPA's current modeling requirements. The Commonwealth 
has adequately followed all relevant EPA guidance in demonstrating that 
the Roanoke MSA EAC Area will attain the 8-hour ozone NAAQS in 2007, 
and continue to do so in 2012. The modeling results predict the maximum 
2007 8-hour ozone design value for this area to be 80.1 ppb, which is 
less than what is needed (<=84 ppb) to show modeled attainment of the 
8-hour ozone NAAQS.
    The attainment modeling information presented in this notice should 
be used in conjunction with the Commonwealth's SIP submittal and EPA's 
technical support document (TSD), as certain modeling requirements 
performed by the State (i.e., details of the quality assurance 
performed, detailed analysis of data suitability, complete listings of 
all data inputs and outputs, etc.) are not reproduced in this notice.

B. Measures Included in the EAC SIP

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

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demonstration, as well as the additional measures that are expected to 
assist the Area in meeting attainment of the standard in 2007, can be 
found in the TSD prepared in support of this rulemaking.

C. Maintenance for Growth

    Consistent with EPA guidance, the EAP also contains components to 
ensure maintenance of the 8-hour ozone standard through 2012, five 
years beyond the 2007 attainment date. The Roanoke MSA EAC Area has 
developed an emissions inventory for the year 2012, as well as a 
continuing planning process to address this essential part of the plan. 
Due to the emission control measures identified in the EAP, the 
emissions inventory predicted an overall reduction in emissions through 
2012. From 1999 to 2007, emissions of VOCs are estimated to decline by 
27.6 percent and emissions of NOX are estimated to be 
reduced by 28.2 percent. By 2012, emissions are predicted to be 8.2 
percent less than those modeled in 2007 for VOCs, and 25.5 percent less 
than those modeled in 2007 for NOX. Using air quality models 
to anticipate the impact of growth, as well as the Federal, State-
assisted, and locally-implemented measures to reduce emissions, the 
Commonwealth of Virginia has projected the Area will be in attainment 
of the 8-hour ozone standard in 2007, and will remain in attainment 
through 2012.
    To fulfill the continuing planning process that will ensure that 
the Roanoke MSA EAC Area will maintain the 8-hour ozone standard 
through 2012, the Roanoke MSA EAP establishes a commitment and 
mechanism to work with local stakeholders to identify and require 
additional measures to further reduce ozone precursor emissions. In 
addition, the EAC signatories and implementing agencies will review all 
EAC activities and report on these results in their semi-annual 
reports, beginning in June 2006. The semi-annual reports will track and 
document, at a minimum, control strategy implementation and results, 
monitoring data, and future plans. Furthermore, as part of the SIP 
submittal, the Roanoke MSA commits to submit periodic updates to VADEQ 
and EPA on the implementation status and results of the local control 
program with sufficient details to make program sufficiency 
determinations. Although not required by the EPA, the Roanoke MSA EAP 
contains contingency measures which could be implemented in response to 
any unexpected shortfall in anticipated reductions. These additional 
strategies include the implementation of one or more of the following 
Ozone Transport Commission (OTC) rules: Portable Container Rule, the 
Architectural/Industrial Maintenance Coatings Rule, Mobile Equipment 
Repair and Refinishing Rule, Solvent Cleaning Operations Rule, and 
Consumer Products Rule.

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 Sec.  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 Clean Air Act, 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 Clean Air Act is likewise 
unaffected by this, or any, State audit privilege or immunity law.

IV. Proposed Action

    EPA is proposing to approve the attainment demonstration and the 
EAP for the Roanoke MSA EAC Area in the Commonwealth of Virginia. The 
modeling of ozone and ozone precursor emissions from sources in the 
Roanoke MSA EAC Area demonstrates that the specified control strategies 
will provide for attainment of the 8-hour ozone NAAQS by December 31, 
2007, and maintenance of that standard through 2012. To date, the 
Roanoke MSA has met all of its EAC milestones, and, as long as the Area 
continues to meet the agreed upon milestones, the nonattainment 
designation for this Area will be deferred until September 30, 2005. 
EPA is soliciting public comments on the issues discussed in this

[[Page 28256]]

document. These comments will be considered before taking final action.

V. 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 (Public Law 104-4). This proposed 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 (65 
FR 67249, 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 is not economically significant.
    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, pertaining to the attainment demonstration and 
EAP for the Roanoke MSA ozone EAC Area, does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).

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.

    Dated: May 3, 2005.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 05-9782 Filed 5-16-05; 8:45 am]
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