[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Proposed Rules]
[Pages 28252-28256]
From the Federal Register Online via the Government Publishing 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: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
B. Agency Web site: http://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: [email protected].
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
http://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 http://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 [email protected].
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
[[Page 28255]]
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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