[Federal Register Volume 59, Number 74 (Monday, April 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8972]


[[Page Unknown]]

[Federal Register: April 18, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[Region II Docket No. 104, VI1-1-5096; FRL-4827-6]

 

Approval and Promulgation of Implementation Plans; Revision to 
the U.S. Virgin Islands Implementation Plan

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: With one exception, the Environmental Protection Agency (EPA) 
is approving a request from the U.S. Virgin Islands to revise its air 
pollution control plan prepared under the Clean Air Act to include a 
comprehensive revision to the Virgin Islands' air pollution control 
regulations.
    EPA is approving a special 1.5 percent sulfur content limit for 
residual fuel oil used by two specific sources, however, EPA is 
disapproving this special limit for Martin Marietta, St. Croix (now 
known as Virgin Islands Alumina Corporation).
    EPA is approving subsections 204-40(e) of ``Reports, Sampling and 
Analysis of Waste Fuels A and B,'' and 206-25(c) of ``Test Methods.'' 
However, these provisions permit the Commissioner to approve alternate 
requirements that are not incorporated in the Virgin Islands 
Implementation Plan. Any variances adopted pursuant to these 
subsections become applicable only if approved by EPA.

EFFECTIVE DATE: This action will be effective May 18, 1994.

ADDRESSES: Copies of the materials submitted by the Virgin Islands may 
be examined during normal business hours at the following locations:

U.S. Environmental Protection Agency, Library, 26 Federal Plaza, room 
402, New York, New York 10278
Government of the Virgin Islands, Department of Planning and Natural 
Resources, Building 111, Apartment 114, Water Gut Homes, Christiansted, 
St. Croix 00820
Government of the Virgin Islands, Department of Planning and Natural 
Resources, 45A Estate Nisky, Nisky Center, suite 231, St. Thomas 00820
Environmental Protection Agency, Air Docket, 6102, 401 M Street, SW., 
Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: William Baker, Chief, Air Programs 
Branch, U.S. Environmental Protection Agency, 26 Federal Plaza, room 
1034B, New York, New York 10278, (212) 264-2517.

SUPPLEMENTARY INFORMATION: On March 20, 1987, the Virgin Islands 
Department of Planning and Natural Resources (DPNR) submitted revisions 
to title 12, chapter 9, subchapters 204 and 206 of the Virgin Islands 
Code, effective January 15, 1987, to the Environmental Protection 
Agency (EPA) for incorporation into the Virgin Islands Implementation 
Plan. Specific revisions to Subchapter 204 included the amending of 
sections 204-20 through 204-23, 204-25, 26, 28, 29 and the addition of 
new sections 204-33, 35, 36, 37, 38, 39, 40, 41 and 45. Specific 
revisions to subchapter 206 include amending and redesignating sections 
206-23 through 206-30 as sections 206-24 through 206-31, and the 
addition of a new section 206-23. The DPNR held public hearings on 
these revisions in St. Thomas on September 8 and 9, 1986.
    On December 14, 1989 (54 FR 51303), EPA published a Federal 
Register notice proposing to approve all but one of the comprehensive 
revisions to the Virgin Islands' submittal. Specifically, EPA proposed 
to disapprove subsection 204-26(a)(2), which allowed a special 1.5 
percent sulfur in residual fuel limit for Martin Marietta, now known as 
Virgin Islands Alumina Corporation. The December 14, 1989 Federal 
Register notice solicited comments on the revised regulations and EPA's 
proposed action in response to the revisions. No comments were 
received.
    EPA is approving the revised regulations as part of the Virgin 
Islands Implementation Plan except for the disapproval of subsection 
204-26(a)(2) as it relates to Martin Marietta (VI Alumina Corporation). 
In subsection 204-26(a)(2) the maximum allowable sulfur content of 
distillate and residual oil expressed in percent by weight are now 0.3 
and 0.5, respectively, for all of the Virgin Islands except for the 
special 1.5 percent sulfur content limit for residual fuel oil used by 
two specific sources (Hess Oil in St. Croix and Virgin Islands Water 
and Power Authority in St. Thomas).
    It should be noted that EPA also is taking action at this time to 
approve a control strategy demonstration for sulfur dioxide as it 
relates to the Virgin Islands Water and Power Authority (VIWAPA) plant 
in St. Croix, based on the attainment demonstration included in its 
Prevention of Significant Deterioration of Air Quality (PSD) permit 
application. EPA has received and approved the PSD permit attainment 
demonstration, which conforms to EPA's ``Guideline on Air Quality 
Models (Revised 1986).''
    On December 28, 1992, EPA approved a PSD permit for four units at 
VIWAPA's north shore facility in St. Croix. A revised attainment 
demonstration required to be included in the permit application 
specified a 0.33 percent sulfur content limit in No. 6 residual fuel 
oil for the two existing boilers and a 0.2 percent sulfur content limit 
in No. 2 distillate fuel oil in the remaining units. Although a 0.5 
percent sulfur content limit in residual fuel oil and a 0.3 percent 
sulfur content limit in distillate fuel oil for the VIWAPA plant in St. 
Croix are included in subsection 204-26(a)(2) and approved under this 
action, this limit has been superseded by the limits contained in 
VIWAPA's PSD permit. The PSD permit meets all applicable requirements 
of the PSD regulations codified in 40 CFR 52.21 and the Clean Air Act.
    On August 12, 1986 EPA sent a letter to the Governor of the Virgin 
Islands notifying him that the Virgin Island Implementation Plan was 
substantially inadequate to achieve and maintain the National Ambient 
Air Quality Standards (NAAQS) for sulfur dioxide as it relates to 
VIWAPA's north shore facility in St. Croix. EPA's approval of the lower 
sulfur in fuel oil limitations included in the PSD permit for VIWAPA 
and the State Implementation Plan (SIP) revision rectify this 
inadequacy and is consistent with the Clean Air Act Amendments (Act), 
enacted on November 15, 1990, requirements of attaining and maintaining 
the NAAQS for sulfur dioxide.
    EPA also is approving section 204-28, which establishes new opacity 
limits for internal combustion engines, and section 204-37, which 
provides for the regulated use of waste fuel oils. These approvals are 
based on certain understandings which were described in EPA's proposal. 
Approval of section 204-25, which regulates sources of fugitive 
emissions, is based upon EPA's definition of the term ``fugitive 
emissions,'' since the existing and revised regulations did not include 
a definition of this term.
    EPA is approving subsections 204-40(e) and 206-25(c) where methods 
other than the Reference Methods contained in parts 60 and 61 of title 
40 of the Code of Federal Regulations (40 CFR) are used to demonstrate 
compliance. These subsections permit the Commissioner to approve 
alternate requirements in those instances where the source is unable to 
make use of the reference methods. They are intended to allow the 
Commissioner to respond to situations which were not envisioned when 
the specific requirements were adopted, yet insure that the source 
complies with the intent of the regulation. While EPA understands the 
need for such provisions, any changes which affect the SIP approved 
emission limits used to demonstrate attainment and maintenance of the 
NAAQS must be federally enforceable and, therefore, must be addressed 
through revisions to the SIP. EPA can only accept alternate 
requirements if these changes are approved by EPA.
    EPA also is revising the Table at 40 CFR 52.2773, ``EPA-approved 
Virgin Islands regulations,'' to reflect these newly adopted 
regulations. The Table previously referenced the date the regulation 
was submitted, but has now been changed to refer to the date when the 
regulation became effective.
    Sections 206-30 and 206-31 have been renumbered to Sections 206-31 
and 206-32, respectively. EPA's previous determination concerning their 
approvability remains, along with the previous effective and approved 
dates.
    This SIP revision is intended to strengthen the Virgin Islands 
Implementation Plan, (especially with regard to sulfur dioxide and 
particulates), by incorporating revised and new regulations which are 
consistent with the Act as interpreted in current EPA guidance. 
Although this SIP revision was not intended to fulfill any specific 
provision of the Act, EPA is approving the revision under section 110 
of the Act, because it serves to strengthen the Virgin Islands 
Implementation Plan and it is consistent with the Act's requirements 
for attaining and maintaining the NAAQS for sulfur dioxide and 
particulate matter.

Conclusion

    EPA is approving a special 1.5 percent sulfur content limit for 
residual fuel oil used by two specific sources, however, EPA is 
disapproving this special limit for Martin Marietta, St. Croix (VI 
Alumina Corporation). Martin Marietta, St. Croix (VI Alumina 
Corporation) is required to burn the maximum allowable sulfur content 
of distillate and residual oil expressed in percent by weight of 0.3 
and 0.5, respectively, in order to meet the PSD requirements specified 
in part C of the Act.
    EPA is approving subsections 204-40(e) of ``Reports, Sampling and 
Analysis of Waste Fuels A and B,'' and 206-25(c) of ``Test Methods.'' 
However, these provisions permit the Commissioner to approve alternate 
requirements that are not incorporated in the SIP. Any variances 
adopted pursuant to these subsections become applicable only if 
approved by EPA.
    EPA's approval of the SIP revision, specifically the lower sulfur 
in fuel oil limitations and modeling demonstration for St. Croix 
included in the PSD permit for VIWAPA, rectify the SIP inadequacy to 
achieve and maintain the primary NAAQS for sulfur dioxide identified in 
the August 12, 1986 letter sent to the Governor of the Virgin Islands.
    This notice is issued as required by section 110 of the Act. The 
Regional Administrator's decision regarding the approval of this plan 
revision is based on its meeting the requirements of section 110 of the 
Act and 40 CFR part 51.
    Nothing in this rule should be construed as permitting, allowing or 
establishing a precedent for any future request for revision to any 
SIP. Each request for a 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 rule makes final the action proposed at 54 FR 51303, December 
14, 1989. As noted elsewhere in this notice, EPA received no adverse 
public comments on the proposed rule. As a direct result, the Regional 
Administrator has reclassified this rule from Table 1 to Table 2 under 
the processing procedures established at 54 FR 2214, January 19, 1989. 
EPA has submitted a request for a permanent waiver for Table 2 and 
Table 3 SIP revisions. The Office of Management and Budget has agreed 
to continue the temporary waiver until such time as it rules on EPA's 
request.
    Under section 307(b)(1) of the Act, petitions for judicial review 
of this rule must be filed in the United States Court of Appeals for 
the appropriate circuit within 60 days from date of publication. 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 rule may not be challenged later in proceedings to 
enforce its requirements. (See 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Air pollution control, Hydrocarbons, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Nitrogen dioxide.

    Editorial Note: This document was received by the Office of the 
Federal Register on April 8, 1994.

    Dated: December 30, 1993.
William J. Muszynski,
Acting Regional Administrator.

    Title 40, chapter I, part 52, Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart CCC--Virgin Islands

    2. Section 52.2770 is amended by adding new paragraph (c)(17) as 
follows:


Sec. 52.2770  Identification of plan.

* * * * *
    (C) * * *
* * * * *
    (17) Comprehensive revisions to Virgin Islands air pollution 
control regulations submitted on March 20, 1987 by the Virgin Islands 
Department of Planning and Natural Resources.
    (i) Incorporation by reference:
    (A) Revised sections 20 through 23, 25, 26, 28, 29, 33, 35 through 
41, and 45 of subchapter 204, chapter 9, title 12 of the Virgin Islands 
Code, effective January 15, 1987.
    (B) Revised sections 20 through 31 of subchapter 206, chapter 9, 
title 12 of the Virgin Islands Code, effective January 15, 1987.
    (ii) Additional material:
    (A) July 1988 Modeling Analysis for CEC Energy Co., Inc.
    (B) July 11, 1989 letter from Ted Helfgott, Amerada Hess 
Corporation to Raymond Werner, U.S. Environmental Protection Agency, 
Region II, New York.
    (C) December 28, 1992 Prevention of Significant Deterioration of 
Air Quality permit for Virgin Islands Water and Power Authority at St. 
Croix's north shore facility.
    3. Section 52.2773 is revised to read as follows: 

           Sec. 52.2773EPA-Approved Virgin Islands Regulations          
------------------------------------------------------------------------
     Territory        Effective                                         
    regulation          date      EPA approval date        Comments     
------------------------------------------------------------------------
Section 204-20,          1/15/87  [Date and citation  ``Fugitive        
 ``Definitions''.                  of this notice].    emissions'' will 
                                                       be defined as at 
                                                       40 CFR           
                                                       52.21(b)(20).    
Section 204-21,          1/15/87  [Date and citation                    
 ``Regulations to                  of this notice].                     
 Control Open                                                           
 Burning''.                                                             
Section 204-22,          1/15/87  [Date and citation                    
 ``Regulations to                  of this notice].                     
 Control Emission                                                       
 of Visible Air                                                         
 Contaminants''.                                                        
Section 204-23,          1/15/87  [Date and citation                    
 ``Regulations                     of this notice].                     
 Governing Emission                                                     
 of Particulate                                                         
 Matter''.                                                              
Section 204-24,           3/2/71  5/31/72, 37 FR                        
 ``Storage of                      10905.                               
 Petroleum or Other                                                     
 Volatile                                                               
 Products''.                                                            
Section 204-25,          1/15/87  [Date and citation                    
 ``Fugitive                        of this notice].                     
 Emissions''.                                                           
Section 204-26,          1/15/87  [Date and citation  Subsection 204-   
 ``Sulfur Compounds                of this notice].    26(a)(2) is      
 Emission Control''.                                   disapproved for  
                                                       three Martin     
                                                       Marietta (VI     
                                                       Alumina Corp),   
                                                       St. Croix,       
                                                       sources. For     
                                                       applicable       
                                                       limits, refer to 
                                                       PSD permit for   
                                                       the facility.    
Section 204-27,           3/2/71  5/31/72, 37 FR                        
 ``Air Pollution                   10905.                               
 Nuisances                                                              
 Prohibited''.                                                          
Section 204-28,          1/15/87  [Date and citation                    
 ``Internal                        of this notice].                     
 Combustion Engine                                                      
 Limits''.                                                              
Section 204-29,          1/15/87  [Date and citation                    
 ``Upset, Breakdown                of this notice].                     
 or Scheduled                                                           
 Maintenance''.                                                         
Section 204-30,           3/2/71  5/31/72, 37 FR                        
 ``Circumvention''.                10905.                               
Section 204-31,           3/2/71  5/31/72, 37 FR                        
 ``Duty to Report                  10905.                               
 Discontinuance or                                                      
 Dismantlement''.                                                       
Section 204-32,           3/2/71  5/31/72, 37 FR                        
 ``Variance                        10905.                               
 Clauses''.                                                             
Section 204-33,          1/15/87  [Date and citation                    
 ``Air Pollution                   of this notice].                     
 Emergencies''.                                                         
Section 204-35,          1/15/87  [Date and citation                    
 ``Continuous                      of this notice].                     
 Emission                                                               
 Monitoring''.                                                          
Section 204-36,          1/15/87  [Date and citation                    
 ``Eligibility to                  of this notice].                     
 Burn Waste Fuel                                                        
 A''.                                                                   
Section 204-37,          1/15/87  [Date and citation                    
 ``Eligibility to                  of this notice].                     
 Burn Waste Fuels A                                                     
 and B''.                                                               
Section 204-38,          1/15/87  [Date and citation                    
 ``Permit and/or                   of this notice].                     
 Certificate                                                            
 Requirement for                                                        
 Waste Oil                                                              
 Facilities''.                                                          
Section 204-39,          1/15/87  [Date and citation  Reference to Table
 ``Sale or Use of                  of this notice].    1 in this        
 Waste Fuels A and                                     subsection refers
 B''.                                                  to Table 1 found 
                                                       in Section 204-  
                                                       20.              
Section 204-40,          1/15/87  [Date and citation  Variances adopted 
 ``Reports,                        of this notice].    pursuant to      
 Sampling and                                          subsection 204-  
 Analysis of Waste                                     40(e) become     
 Fuels A and B''.                                      applicable only  
                                                       if approved by   
                                                       EPA as SIP       
                                                       revisions.       
Section 204-41,          1/15/87  [Date and citation                    
 ``Existing Air                    of this notice].                     
 Contamination                                                          
 Sources for Waste                                                      
 Fuel''.                                                                
Section 204-45,          1/15/87  [Date and citation                    
 ``Standards of                    of this notice].                     
 Performance for                                                        
 Sulfur Recovery                                                        
 Units at Petroleum                                                     
 Refineries''.                                                          
Section 206-20,          1/15/87  [Date and citation                    
 ``Permits                         of this notice].                     
 Required''.                                                            
Section 206-21,          1/15/87  [Date and citation                    
 ``Transfer''.                     of this notice].                     
Section 206-22,          1/15/87  [Date and citation                    
 ``Applications''.                 of this notice].                     
Section 206-23,          1/15/87  [Date and citation                    
 ``Application and                 of this notice].                     
 Permit Fees''.                                                         
Section 206-24,          1/15/87  [Date and citation                    
 ``Cancellation of                 of this notice].                     
 Applications''.                                                        
Section 206-25,          1/15/87  [Date and citation  Variances adopted 
 ``Test Methods''.                 of this notice].    pursuant to      
                                                       subsection 206-  
                                                       25(c) become     
                                                       applicable only  
                                                       if approved by   
                                                       EPA as SIP       
                                                       revisions.       
Section 206-26,          1/15/87  [Date and citation                    
 ``Permits to                      of this notice].                     
 Construct''.                                                           
Section 206-27,          1/15/87  [Date and citation                    
 ``Permits to                      of this notice].                     
 Operate''.                                                             
Section 206-28,          1/15/87  [Date and citation                    
 ``Permit                          of this notice].                     
 Modifications,                                                         
 Suspensions or                                                         
 Revocations and                                                        
 Denials''.                                                             
Section 206-29,          1/15/87  [Date and citation                    
 ``Further                         of this notice].                     
 Information''.                                                         
Section 206-30,          1/15/87  [Date and citation                    
 ``Appeals''.                      of this notice].                     
Section 206-30,         10/11/73  8/10/75, 40 FR      Subsection 206-   
 ``Review of New                   42013.              30(f)(6) is      
 Sources and                                           disapproved since
 Modifications''.                                      sources of minor 
                                                       significance are 
                                                       not identified in
                                                       Section 206-30. A
                                                       federally        
                                                       promulgated      
                                                       regulation (40   
                                                       CFR 52.2775(g)), 
                                                       correcting this  
                                                       deficiency and a 
                                                       public           
                                                       participation    
                                                       deficiency, is   
                                                       applicable.      
                                                      Two separate      
                                                       subsections are  
                                                       numbered 206-30  
                                                       and are listed   
                                                       here with their  
                                                       separate titles. 
Section 206-31,         10/11/73  8/10/75, 40 FR                        
 ``Review of New or                42013 .                              
 Modified Indirect                                                      
 Sources''.                                                             
------------------------------------------------------------------------

[FR Doc. 94-8972 Filed 4-15-94; 8:45 am]
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