[Federal Register Volume 59, Number 162 (Tuesday, August 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20636]


[[Page Unknown]]

[Federal Register: August 23, 1994]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VA9-7-5473; FRL-5052-4]

 

Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Revised Good Engineering Practice Stack Height Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the Commonwealth of Virginia. This revision establishes 
that the degree of emission limitation required for the control of any 
air pollutant is not affected by that portion of the stack height which 
exceeds good engineering practice (GEP) or by any other dispersion 
technique. The revision is consistent with the stack height provisions 
under EPA's ``Requirements for Preparation, Adoption and Submittal of 
Implementation Plans--Control Strategy.'' The intended effect of this 
action is to approve a SIP revision consisting of a stack height 
regulation adopted by the Commonwealth of Virginia. This action is 
being taken under section 110 of the Clean Air Act.

EFFECTIVE DATE: This final rule will become effective on September 22, 
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; the Air and Radiation Docket and Information Center, U.S. 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460; and Virginia Department of Environmental Quality, 629 East Main 
Street, P.O. Box 10089, Richmond, Virginia 23240.

FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, (215) 597-1325.

SUPPLEMENTARY INFORMATION: On October 19, 1987 (52 FR 38787), EPA 
published a notice of proposed rulemaking (NPR) for the Commonwealth of 
Virginia. The NPR proposed approval of revisions to parts I, IV and V 
of Virginia's Regulations for the Control and Abatement of Air 
Pollution governing numerous revisions including good engineering 
practice (GEP) stack height provisions. No public comments were 
received on the NPR. The formal SIP revision had been submitted to EPA 
by Virginia on May 12, 1986. Virginia had adopted this regulation to 
conform to the July 8, 1985 promulgation of the revised GEP stack 
height regulation.
    Virginia's SIP revision request consists of amendments to its 
regulations that restrict the degree to which industrial sources of air 
pollution may rely on dispersion pollution, using tall smoke stacks and 
other techniques as substitutes for constant emission controls.

Revisions to Part I--Definitions

Revised

    Dispersion Technique, Elevated Terrain, Excessive Concentrations, 
GEP Stack Height, Nearby, Stack, Stack in Existence

Deleted

    Elevated Terrain, Plume Impaction

Revisions to Part IV--Control of Emissions from Existing Sources

    REVISED REGULATION: Section 120-02-04I.
    The amended provisions reflect the revised the definition of the 
term ``GEP stack height.'' The amended provisions also specifically 
exempt the following classes of sources:
    1. Stack heights in existence as of 12/31/70, except where 
pollutants are being emitted or using dispersion techniques which were 
constructed, reconstructed, or carried out after 12/31/70.
    2. Coal-fired steam electric generating units subject to the 
provisions of section 118 of the Clean Air Act, which commenced 
operation before 7/1/57, and whose stacks were constructed under a 
contract awarded before 2/8/74.

Revisions to Part V--New and Modified Sources

    REVISED REGULATION: Section 120-05-02H.

EPA Evaluation

    EPA has evaluated Virginia's SIP revision request and has concluded 
the following: (1) The GEP stack height requirements will not adversely 
affect Virginia's ability to enforce the currently applicable emission 
limits which adequately protect the national ambient air quality 
standards (NAAQS); (2) the GEP stack height requirements are clearly 
enforceable; and (3) the applicable requirements of 40 CFR part 51 have 
been met. A more detailed evaluation is provided in a Technical Support 
Document available upon request from the Regional EPA office listed in 
the ADDRESSES section of this document.

Final Action

    EPA is approving Virginia's GEP stack height provisions submitted 
on May 16, 1986 as a revision to the Virginia SIP.
    The Agency has reviewed this request for revision of the Federally-
approved State implementation plan for conformance with the provisions 
of the 1990 amendments enacted on November 15, 1990. The Agency has 
determined that this action conforms with those requirements 
irrespective of the fact that the submittal preceded the date of 
enactment.
    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 state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by 
an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant 
Administrator for Air and Radiation. The OMB has exempted this 
regulatory action from E.O. 12866 review.
    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 October 24, 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 approving Virginia's GEP stack height 
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

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: August 4, 1994.
Peter H. Kostmayer,
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--Virginia

    2. Section 52.2420 is amended by adding paragraph (c)(91) to read 
as follows:


Sec. 52.2420  Identification of plan.

* * * * *
    (c) * * *
    (91) Revisions to the State Implementation Plan for the good 
engineering practice (GEP) stack height requirements submitted on May 
12, 1986 by the Virginia State Air Pollution Control Board:
    (i) Incorporation by reference.
    (A) Letter of May 12, 1986 from the Executive Director, Virginia 
State Air Pollution Control Board, transmitting the revised good 
engineering practice (GEP) stack heights requirements.
    (B) Revised Regulations 120-01-02 (Revised definitions of 
dispersion technique, elevated terrain, Excessive Concentrations, GEP 
Stack Height, Nearby, Stack, Stack in Existence), 120-04-02I, and 120-
04-02H of the Virginia Regulations for the Control and Abatement of Air 
Pollution, adopted April 7, 1986, and effective June 6, 1986.
    (C) Deletion of the following definitions from Regulation 120-01-
02: Elevated Terrain, Plume Impaction
    (ii) Additional material.
    (A) Remainder of the official State submittal, transmitted on May 
16, 1986.
* * * * *
[FR Doc. 94-20636 Filed 8-22-94; 8:45 am]
BILLING CODE 6560-50-P