[Federal Register Volume 59, Number 62 (Thursday, March 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7615]


[[Page Unknown]]

[Federal Register: March 31, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VA5-1-6019; FRL-4851-1]

 

Approval and Promulgation of Air Quality Implementation Plans; 
Commonwealth of Virginia; Control of VOC Emissions RACT Fix-Ups

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the Commonwealth of Virginia. This revision establishes 
and requires the implementation of revised SIP regulations to control 
volatile organic compounds (VOCs). The intended effect of this action 
is to approve these revisions to the VOC regulations. This action is 
being taken in accordance with the provisions of the Clean Air Act.

EFFECTIVE DATE: This final rule will become effective on May 2, 1994.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
Air, Radiation, and Toxics Division, U.S. Environmental Protection 
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 
19107; Air Docket, 6102, U.S. Environmental Protection Agency, 401 M 
Street, SW., Washington, DC 20460; Virginia Department of Environmental 
Quality, 629 East Main Street, Richmond, Virginia, 23240.

FOR FURTHER INFORMATION CONTACT: Cristina M. Schulingkamp, (215) 597-
0545.

SUPPLEMENTARY INFORMATION: On June 25, 1993, (58 FR 34392), EPA 
published a notice of proposed rulemaking (NPR) for the Commonwealth of 
Virginia. The NPR proposed approval of reasonably available control 
technology (RACT) revisions to the SIP regulations to control VOCs. The 
SIP revision was submitted by the Commonwealth of Virginia on May 10, 
1991.
    Specific requirements of the revised VOC emissions regulations and 
the rationale for EPA's proposed action are explained in the notice of 
proposed rulemaking (NPR) and will not be restated here. One public 
comment was received on the NPR concerning the Capture Efficiency Test 
Method (CE) portion of the SIP revision. The Flexible Packaging 
Association commented that it believes the use of temporary total 
enclosures (TTE) has not been proven and is requesting an extension of 
the original six month moratorium on the mandatory use of TTEs, which 
expired on July 1, 1993. The Flexible Packaging Association agreed to 
run simultaneous testing using a TTE method as well as a non-enclosed 
method. This testing took place on August 9-20, 1993 at Clemson 
University.
    EPA's moratorium on the implementation of TTEs was extended to 
January 1, 1994. Therefore, an extension was granted on the 
implementation of TTE. On January 1, 1994, the mandatory use of TTEs 
became effective. This CE test method is required until and unless EPA 
approves the use of an alternate CE test method.

Final Action

    EPA is approving the SIP revision submitted by the Commonwealth of 
Virginia on May 10, 1991, which corrects the Commonwealth's VOC RACT 
regulations.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the SIP shall be considered separately in light of specific technical, 
economic, and environmental factors and in relation to relevant 
statutory and regulatory requirements.
    This action approving revisions to correct Virginia's SIP VOC 
regulations has been classified as a Table 2 action for signature by 
the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225). On January 6, 
1989, the Office of Management and Budget waived Table 2 and Table 3 
SIP revisions from the requirements of section 3 of Executive Order 
12291 for a period of two years.
    EPA has submitted a request for a permanent waiver for Table 2 and 
3 SIP revisions. OMB has agreed to continue the temporary waiver until 
such time as it rules on EPA's request.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 31, 1994. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action pertaining to the Commonwealth of 
Virginia's VOC RACT (fixups) regulations may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Air pollution control, Incorporation by reference, Ozone, Reporting 
and recordkeeping requirements.

    Dated: January 6, 1994.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.

    40 CFR part 52, is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart VV--Commonwealth of Virginia

    2. Section 52.2420 is amended by adding paragraph (c)(99) to read 
as follows:


Sec. 52.2420  Identification of plan.

* * * * *
    (c) * * *
    (99) Revisions to the Commonwealth of Virginia Regulations Volatile 
organic compound (VOC) RACT Fix-up regulations submitted on May 10, 
1991 by the Department of Environmental Quality formerly the Virginia 
Department of Air Pollution Control: Effective date July 1, 1991.
    (i) Incorporation by reference.
    (A) Letter of May 10, 1991, from the Department of Environmental 
Quality transmitting VOC RACT Fix-up regulations.
    (B) The following Commonwealth of Virginia regulations effective 
July 1, 1991:

    (1) Part I; section 120-01-02 (revised definition of ``actual 
emissions rate'', ``department'', ``emissions unit'', ``volatile 
organic compound'')
    (2) Part II sections:

120-02-08 A., B.
120-02-34 C., J.

    (3) Part IV sections:

120-04-01 B., C.
120-04-02 C., D., F., H.
120-04-03 A.
120-04-04 F.
120-04-05 E., F., G.

    Rule 4-4 sections:

120-04-0402 (definition of ``combustion unit'', ``manufacturing 
operation'', ``reasonably available control technology'')
120-04-0407 A., B., C.
sections 120-04-0407 through 120-04-0408 have been renumbered to 
120-04-0408 through 120-04-0409; sections 120-04-0411 through 120-
04-0416 have been renumbered to 120-04-0412 through 120-04-0417, 
section 120-04-0417 has been renumbered to 120-04-0418.

    Rule 4-5 sections:

120-05-0501 B.
120-05-0503 A.1., B.1., C.1., C.2., D.1.
120-05-0504 A.2., B.4., B.5., C.4., D.1.e.

    Rule 4-6 sections:

120-04-0601 B.
120-04-0603 A.1., B.1.,C.1., D.1.
120-04-0604 A.2., A.3., B.3., B.4.

    Rule 4-11 sections:
120-04-1102 (revised definition of ``condensate crude oil'')
120-04-1106 A.1., B.1., C.1., C.2., D.
120-04-1107 B.3.

    Rule 4-24 sections:

120-04-2401 A., B., C (deleted)
120-04-2403 A.1., B.1., C.1.
120-04-2404 A.1.a.3., B.1.c.5., C.1.e.5.

    Rule 4-25 sections:

120-04-2501 A., B., C.
120-04-2503 A.1., A.3., B.1., B.3., B.4., C.1., C.3.
120-04-2504 A.2., B.1.b., C.1.b.

    Rule 4-26 sections:

120-04-2601 C. (deleted)
D. (replaces previous C.)
120-04-2602 (new definition for ``coating application system'', and 
``oven'')
120-04-2603 A. (introduction revised), A.1., B. (introduction 
revised), B.1., D.
120-04-2604 A.6., A.7., B.5., B.6.
120-04-2609 B., C.

    Rule 4-27 sections:

120-04-2701 A., B., C. (deleted),
D. (renumbered C.)
120-04-2702 C. (added definitions for ``coating application 
system''; deleted definition for ``coating line''; modified 
definition for ``oven'')
120-04-2703 A., C.
120-04-2704 (introduction revised), C., D.
120-04-2709 B., C.

    Rule 4-28 sections:

120-04-2801 A., B., C. (deleted), D. (renumbered C.)
120-04-2802 C. (added definition for ``anti-chip coating'', ``clear 
coating'', ``coating application system'', ``electrocoat primer'', 
``extreme environmental conditions'', ``extreme performance 
coatings'', ``guidecoat'', ``topcoat'', modified definitions for: 
``automobile'', ``light-duty truck'' and deleted definition for 
``coating line''
120-04-2803 A.1., B. (added in its entirety), C., D., E., F., and G. 
(formerly B., C., D., E., F., now revised/renumbered).
120-04-2804 A., A.5., A.6., B. (added), C., D., E., (formerly B., 
C., D., have been revised/renumbered).
120-04-2809 B., C.

    Rule 4-29 sections:

120-04-2901 A., B., C. (deleted), D. (renumbered/revised to C.)
120-04-2902 C., (deleted definition of ``coating line'', addition of 
definition for ``coating application system'', definition modified 
``oven'')
120-04-2903 A.1., B.1., C.1., D.1., E.
120-04-2904 A. (introduction revised), A.5., A.6., B. (introduction 
revised). B.5., B.6., C. (introduction revised), C.4., D.
120-04-2909 B., C.

    Rule 4-30 sections:

120-04-3001 A., B., C. (revised) and D. (deleted), C.2.,
120-04-3002 C. (deleted definition of ``coating line'', added 
definition of ``coating application system'', modified definition of 
``oven'')
120-04-3003 A., C.
120-04-3004 (introduction revised), D., E.
120-04-3009 B., C.

    Rule 4-31 sections:

120-04-3101 A., B., C. (deleted), D. (revised/renumbered C.)
120-04-3102 C. (deleted definition of ``coating line''; added 
definition of ``coating application system''; modified definition of 
``oven'', and ``fabric coating'').
120-04-3103 A., D., E. (added)
120-04-3104 (introduction revised), F.
120-04-3109 B., C. (added)

    Rule 4-32 sections:

120-04-3201 A., B., C. (deleted), D. (revised/renumbered C.)
120-04-3202 C. (deleted definitions for ``coating line''; added 
definition of ``coating application system''; modified definition of 
``oven''.)
120-04-3203 A., C.
120-04-3204 (introduction revised), D., E.
120-04-3209 B., C. (added)

    Rule 4-33 sections:

120-04-3301 A., B., C. (deleted), D. (renumbered/revised C.)
120-04-3302 C. (deleted definitions of ``coating line''; added 
definition of ``coating application system''; modified definition of 
``oven''.)
120-04-3303 A., C. (added)
120-04-3304 (introduction revised), F., G.
120-04-3309 B., C. (added)

    Rule 4-34 sections:

120-04-3401 B., C., D.1.b., D.4.
120-04-3402 (modified definitions of ``coating application system'', 
``clear coating'', extreme performance coatings'', and ``oven''), G.
120-04-3403 D. (added)
120-04-3404 (introduction revised) F., G.
120-04-3409 B., C. (added)

    Rule 4-35 sections:

120-04-3501 A., B., C. (deleted), D. (revised/renumbered as C.)
120-04-3502 (modified definitions of ``coating application system'' 
and ``oven''.)
120-04-3503 D. (added)
120-04-3504 (introduction revised), F., G.
120-04-3509 B., C.

    Rule 4-36 sections:

120-04-3601 B., C., D.1.b., D.2. (deleted), D.3. (revised/renumbered 
D.2.)
120-04-3602 C. (added definitions for ``high-solids ink'', ``low-
solvent ink'', ``printing process'', modified definition of 
``publication rotogravure printing'' and ``waterborne inks.'')
120-04-3603 (the following were deleted: A., B., C.), A. (new/
revised), B. (formerly D., modified), C. (formerly E. was modified)
120-04-3604 deleted
120-04-3609 B.

    Rule 4-37 sections:

120-04-3701 A., B.
120-04-3702 (modified definitions of ``crude oil'' and ``custody 
transfer''.)
120-04-3703 A.1., A.3., A.4. (added), B.1., D.3., E.1., E.3.a. 
through E.3.d. was revised to E.3.a. through E.3.b.; revisions were 
made to the following: F.1., F.3., F.8., F.10., F.11., F.16. 
(deleted)
120-04-3704 A.1.b., B.1.b., C.1.d., D.1.c., E.2.c.

    Rule 4-38 section:

120-04-3801 B.

    Rule 4-39 section:

120-04-3901 B.

    (4) Part V sections:

120-05-01 the following were added: C. and D.
120-05-02 the following were revised: C., D., F.; G. (deleted)
120-05-03 A.
120-05-04 A. and F. were revised.
120-05-05 the following were added: E. and F. H. (formerly F. 
renumbered)

    (5) Part VII sections:

120-07-01
120-07-02 C. (modified definition of ``air pollution episode'')
120-07-04 B.1., B.1.b., B.2.a., B.3.a., B.4.a., B.5.a.

    (6) Appendix K
    (7) Appendix N
    (8) Appendix P
    (9) Appendix R I., II.B., II.D., II.E., II.F., II.G., II.H., 
II.I., II.J., II.K., II.L., II.M., II.N., II.O., II.P., III.V. 
(deleted), VI., VIII.
    (10) Appendix S (revised and renamed in its entirety to include 
other appendices)
    (11) Appendix T (deleted in its entirety and revised to be 
included in new appendix S.)

    (ii) Additional material.
    (A) Remainder of May 10, 1991 Commonwealth's submittal.

[FR Doc. 94-7615 Filed 3-30-94; 8:45 am]
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