[Federal Register Volume 60, Number 21 (Wednesday, February 1, 1995)]
[Rules and Regulations]
[Pages 6022-6027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2399]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WV19-1-6210a, WV11-1-5888a; FRL-5139-3]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia: Title 45 Legislative Rules, Series 21, Regulation To 
Prevent and Control Air Pollution From Emission of Volatile Organic 
Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a state implementation plan (SIP) revision 
submitted by the State of West Virginia on August 10, 1993. The 
revision concerns West Virginia title 45 Legislative Rules, Series 21, 
Regulation to Prevent and Control Air Pollution from Emission of 
Volatile Organic Compounds, sections 1 to 9, 11, 12, 14 to 19, 21 to 
29, 31, 36, 39, 41, 42 to 48, and appendix A, which were adopted May 
26, 1993 and effective July 7, 1993. These sections of Series 21 
establishes emission standards that represent the application of 
reasonably available control technology (RACT) to twenty categories of 
stationary sources of volatile organic compounds (VOCs), and establish 
associated testing, monitoring, recordkeeping, compliance 
certification, and permit requirements. This revision was submitted to 
comply with the RACT ``Catch-up'' provisions of the Clean Air Act (the 
Act). There are two intended effects of this action. The first is to 
approve these sections of Series 21 as a revision to the West Virginia 
SIP in accordance with the SIP submittal and revision provisions of the 
Act. And the SIP submittal and revision provisions of the Act. And the 
second is to simultaneously update the West Virginia SIP by replacing 
three regulations codified at 40 CFR 52.2520(c)(26) by portions of the 
revision submitted on August 10, 1993. This action is being taken under 
section 110 of the Act.

DATES: This final rule is effective April 3, 1995 unless notice is 
received on or before March 3, 1995 that adverse or critical comments 
will be submitted. If the effective date is delayed, timely notice will 
be published in the Federal Register.

ADDRESSES: Comments may be mailed to Thomas J. Maslany, Director, Air, 
Radiation, and Toxics Division, U.S. Environmental Protection Agency, 
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107. 
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 the West Virginia 
Department of Environmental Protection, Office of Air Quality, 1558 
Washington Street, East, Charleston, West Virginia, 25311.

FOR FURTHER INFORMATION CONTACT: Christopher Cripps, (215) 597-0545, at 
the EPA Regional Office address listed.

SUPPLEMENTARY INFORMATION: On August 10, 1993, the State of West 
Virginia submitted a formal revision to its SIP. The SIP revision 
consists of Title 45, Series 21 (45CSR21), ``Regulations to Control Air 
Pollution from the Emission of Volatile Organic Compounds'' (Series 
21), and four other regulations--45CSR5 ``To Prevent and Control Air 
Pollution From the Operation of Coal Preparation Plants and Coal 
Handling Operations'', 45CSR12 ``Permits for Construction and Major 
Modification of Major Stationary Sources of Air Pollution for the 
Prevention of Significant Deterioration'', 45CSR19 ``Requirements for 
Pre-construction Review, Determination of Emission Offsets for Proposed 
New or Modified Stationary Sources of Air Pollutants and Emission 
Trading for Intrasource Pollutants'', and 45CSR29 ``Rule Requiring the 
Submission of Emission Statements for Volatile Organic Compound 
Emissions and Oxides of Nitrogen Emissions''. This action concerns only 
sections 1 to 9, 11, 12, 14 to 19, 21 to 29, 31, 36, 39, 41 to 48 and 
Appendix A to Series 21. The other parts--45CSR5, 45CSR19, 45CSR12, 
45CSR29 and sections 10, 13, 20, 30, 32 to 35, 37, 38 and 40 to series 
21--of the August 10, 1993 submittal will be subject of separate 
rulemaking.

I. Background

    The Clean Air Act Amendments of 1990 were enacted on November 15, 
1990. Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-
7671q. Under the amended Act, EPA and the States were required to 
review the designation of areas and to redesignate areas as 
nonattainment for ozone if the air quality data from 1987, 1988, and 
1989 indicated that the area was violating the ozone standard. On 
November 6, 1991, EPA issued those designations (56 FR 56694 and 57 FR 
56762, November 30, 1992). The Parkersburg--Marietta (Wood County), 
Huntington--Ashland (Cabell and Wayne Counties) and Charleston 
Metropolitan Statistical Area (Kanawha and Putnam Counties) areas, 
which were designated unclassifiable prior to enactment, were 
redesignated to nonattainment and classified as moderate. Under the 
pre-amended Act, these areas were not required to meet the RACT 
requirement for nonattainment areas. Under the RACT catch-up provision 
of section 182(b)(2) of the Act, the State was required to submit RACT 
rules for these areas covering any remaining pre-enactment Control 
Technique Guideline (CTG) documents and to submit rules for all 
remaining major sources of VOC emissions.
    West Virginia had adopted RACT rules for the following three 
categories of sources: storage of petroleum liquids in fixed roof 
tanks, bulk gasoline terminals and petroleum refinery sources. These 
rules were Series 21, 23 and 24, respectively. EPA approved these as 
RACT on September 17, 1992 (57 FR 42895). The current Series 21 
submitted on August 10, 1993 completely supersedes the previous Series 
21 (45CSR21) and Series 23 and 24 (45CSR23 and 45CSR24) which were 
effective in Wood, Cabell, Wayne, Kanawha and Putnam counties. The RACT 
requirements contained in the superseded Series 21, 23 and 24 are 
contained in sections 28, 25 and 22, respectively, in combination with 
the applicable portions of sections 1 to 9 and 41 to 48 of the current 
Series 21.
    VOCs contribute to the production of ground level ozone and smog. 
These rules were adopted as part of an effort [[Page 6023]] to achieve 
the National Ambient Air Quality Standard (NAAQS) for ozone.

II. EPA Evaluation and Action

    The following is EPA's evaluation of and action on sections 1 to 9, 
11, 12, 14 to 19, 21 to 29, 31, 36, 39, 41 to 48 and Appendix A of West 
Virginia Title 45, Series 21. Detailed descriptions of the sections of 
Series 21 addressed in this document, and EPA's evaluation of these 
sections, are contained in the technical support document (TSD) 
prepared for this revision. Copies of the TSD are available from the 
EPA Regional office listed in the ADDRESSES section of this document.
    In determining the approvability of a VOC rule, EPA must evaluate 
the rule for consistency with the requirements of the Act and EPA 
regulations, as found in section 110 and Part D of the Act and 40 CFR 
Part 51 (Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans). The EPA interpretation of these requirements, 
which forms the basis for this action, appears in various EPA policy 
guidance documents. For the purpose of assisting State and local 
agencies in developing RACT rules, EPA prepared a series of CTG 
documents. The CTGs are based on the underlying requirements of the Act 
and specify the presumptive norms for RACT for specific source 
categories. The CTGs applicable to sections 11, 12, 14 to 19, 21 to 29, 
31, 36, and 39 of West Virginia Title 45, Series 21 are entitled, 
Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles and Light 
Duty Trucks, EPA-450/2-77-008, May 1977; Surface Coating of Metal 
Furniture, EPA-450/2-77-032, Dec. 1977; Surface Coating of Large 
Appliances, EPA-450/2-77-034, Dec. 1977; Surface Coating for Insulation 
of Magnet Wire, EPA-450/2-77-033, Dec. 1977; Surface Coating of 
Miscellaneous Parts and Products, EPA-450/2-78-015, June 1978; Bulk 
Gasoline Plants, EPA-450/2-77-035, Dec. 1977, Tank Truck Loading 
Terminals, EPA-450/2-77-026, Dec. 1977; Design Criteria Document--
Gasoline Dispensing Facilities--Stage I, Nov. 1975; Leaks from Gasoline 
Tank Trucks and Vapor Collection Systems, EPA-450/2-78-051, Dec. 1978; 
Refinery Vacuum Producing Systems, Wastewater Separators and Process 
Turnarounds, EPA-450/2-77-025, Oct. 1977; Petroleum Refinery Equipment, 
EPA-450/2-78-036, June 1978, Petroleum Liquid Storage in External 
Floating Roof Tanks, EPA-450/2-78-047, Dec. 1978; Storage of Petroleum 
Liquids in Fixed Roof Tanks, EPA-450/2-77-036, Dec. 1977; Leaks from 
Natural Gas/Gasoline Processing Plants, EPA-450/3-83-007, Dec. 1983; 
Cutback Asphalt, EPA-450/2-77-037, Dec. 1977; Perchloroethylene Dry 
Cleaning Systems, EPA-450/2-78-050, Dec. 1978; Air Oxidation Processes 
in the Synthetic Organic Chemical Manufacturing Industry, EPA-450/2-83-
006, March 1984. EPA has not yet developed CTGs to cover all sources of 
VOC emissions. Further interpretations of EPA policy are found in those 
portions of the proposed Post-1987 ozone and carbon monoxide policy 
that concern RACT, 52 FR 45044 (November 24, 1987) and ``Issues 
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, 
Clarification to Appendix D of November 24, 1987 Federal Register 
Notice'' (Blue Book) (notice of availability was published in the 
Federal Register on May 25, 1988). In general, these guidance documents 
have been set forth to ensure that VOC rules are fully enforceable and 
strengthen the SIP.
    State Submittal: Sections 1 through 9 of Series 21 include general 
applicability, monitoring, recordkeeping, compliance certification, and 
permit requirements and include definitions and other provisions common 
to more than one section. Series 21 applies sources located in Putnam, 
Kanawha, Cabell, Wayne and Wood counties. Sources that exceed any 
applicability threshold of Series 21 remain subject to the provisions 
even if the source's throughput or emissions later fall below the 
applicability. Alternative control plans must be approved by the Chief 
of the West Virginia Office of Air Quality (the Chief) and the U.S. 
EPA. By May 31, 1994, owners or operators of sources claiming exemption 
from the surface coating provisions of sections 10 to 19 must certify 
to the Chief that they are exempt and after May 31, 1994 are required 
to keep daily records documenting the daily VOC emissions and are 
required to report to the Chief if any combined daily VOC emissions 
exceeds 6.8 kilograms (15 pounds). By May 31, 1994 owners or operators 
of sources subject to the surface coating provisions of sections 10 to 
19 must certify to the Chief the method of compliance--complying 
coatings, daily weighted averaging, or control devices--to be used for 
each affected coating line or operation and are required to keep daily 
records demonstrating compliance and to report any excess emissions. By 
May 31, 1994 owners and operators of sources subject to the provisions 
of sections 20 to 40 must certify to the Chief the method of 
compliance--control system equipment specification, leak detection and 
repair, coating formulation, work practice, etc.--to be used and are 
required to keep records for control devices and report excess 
emissions. Owners and operators of any coating line complying by the 
use of a control device are required to operate the capture and control 
device whenever the coating line is in use and are required to ensure 
the required monitoring system is installed, maintained and calibrated 
and in use when ever the control device is operated. Owners or 
operators of facilities, subject to sections 11 to 20 and section 34, 
are prohibited from using open containers to store or dispose cloth or 
paper impregnated with VOC or to store spent or fresh VOC used for 
surface preparation, cleanup or removal of coatings and are prohibited 
from using VOC to clean spray equipment unless equipment is used to 
collect the cleaning compounds. Owners and operators of sources subject 
to Series 21 that must make major process changes or major capital 
expenditures to comply must submit to the Chief a compliance schedule 
within 180 days of May 31, 1993. Compliance must be as expeditious as 
practical but not later than May 31, 1995. The general provisions also 
define that references to the Chief of the West Virginia Office of Air 
Quality also mean the U.S. EPA.
    EPA's Evaluation: The regulations listed above are approvable as 
SIP revisions because they conform to EPA guidance and comply with the 
requirements of the Act.
    State Submittal: Sections 11, 12, 14, 15, 16, 17, 18, and 19 cover 
coating operations or lines in the following source categories, 
respectively: Can, coil, fabric, vinyl, metal furniture, large 
appliance, magnet wire, and miscellaneous metal parts and products.

A. Common Provisions

    A coating line or operation is subject to the emission limits of a 
section if the daily facility-wide emissions from coating lines in that 
source category exceed 6.8 kilograms (15 pounds) prior to control 
devices. Each section requires that compliance be demonstrated in one 
of three ways: use of coatings that comply with the VOC content limits 
of each section; use of coatings on a coating line whose daily weighted 
average comply with the VOC content for that coating line; or use of a 
capture and control system that provides an overall emission reduction 
that is the lesser of the reduction needed to be equivalent to the VOC 
content of complying coatings on a ``solids basis'' (mass VOC per 
volume of solids) or 95 percent. The VOC content limits in mass per 
volume of coating, minus water and [[Page 6024]] exempt compounds, as 
applied, are the same as those contained in the applicable CTG. Section 
17 exempts from the VOC content limits the use of up to 0.95 liter 
(0.25 gallon), in any 8-hour period, of quick-drying lacquers used for 
repair of nicks or scratches on large appliances. Section 19 also sets 
a standard of 0.52 kilogram per liter (4.3 lb/gal) of coating less 
water and exempt compounds for drum and pail interior coatings. The 
calculation procedures for daily weighted averaging and for required 
control device efficiency are provided in section 43. Calculations are 
required daily to demonstrate daily compliance.

B. Coverage of Section 19, Miscellaneous Metal Parts and Products

    Section 19 does apply to coatings applied to small and large farm 
machinery, small appliances, commercial machinery, industrial 
machinery, fabricated metal products, coating applications at 
automobile and light-duty truck assembly plants other than prime, 
primer surfacer, topcoat and final repair, and any other industrial 
category that coats metal parts or products under Standard Industrial 
Classification (SIC) Codes of Major Groups 33 to 39. Section 19 does 
not apply to the application of coatings regulated under sections 11, 
12, 16, 17, and 18, exteriors of completely assembled aircraft, 
automobile or truck refinishing, and customized topcoating of 
automobiles and trucks where the daily production is less than 35 
vehicles per day. Section 19 does not apply to primer, primer surfacer, 
topcoat and final repair operations at automobile and light-duty truck 
assembly plants covered under section 10. Manufacture of lamps and 
light fixtures falls under SIC Codes 3645 and 3646. Coatings applied to 
lamps and light fixtures are regulated under section 19 and are not 
included in the product mix regulated under section 16.
    EPA's Evaluation: The regulations listed above are approvable as 
SIP revisions because they conform to EPA guidance and comply with the 
requirements of the Act. EPA has determined that the RACT standards are 
no less stringent than the applicable CTG and that the standards for 
coating of metal lamps and light fixtures established under section 19 
are no different than that which would have been required under section 
16. EPA has determined that the standards for coating of drum and pail 
interiors represent RACT given the extreme conditions to which these 
coatings are often exposed.
    State Submittal: Sections 21, 22, 23, and 24 cover bulk gasoline 
plants, bulk gasoline terminals, gasoline dispensing facilities and 
gasoline tank trucks.
    A. Section 21 requires bulk gasoline plants of between 4,000 and 
20,000 gallons per day throughput to install a vapor balance system 
between incoming/outgoing tank trucks and stationary storage tanks, to 
fill storage vessels by submerged filling, and to incorporate design 
and operational practices to minimize leaks from storage tanks, loading 
racks, tank trucks and loading operations.
    B. Section 22 requires bulk gasoline terminals, facilities of 
greater than 20,000 gallons per day throughput, to equip each loading 
rack with a vapor collection system to control VOC vapors displaced 
from gasoline tank trucks during product loading. The vapor control 
system is limited to emissions of 80 milligrams or less of VOC per 
liter of gasoline loaded.
    C. Both bulk plants and terminals are required to inspect vapor 
balance or loading racks and VOC collection systems monthly for leaks 
and to repair leaks within 15 days of discovery. Both bulk plants and 
terminals are restricted to loading only vapor-tight gasoline tank 
trucks and to loading tank trucks by submerged filling.
    D. Section 23 requires gasoline dispensing facilities to install a 
vapor balance system, submerged drop tubes for gauge well, vapor tight 
caps and submerged fill loading on all storage vessels. Both sections 
21 and 23 prohibit the transfer of gasoline into a storage tank or into 
a tank truck unless vapor balance systems are properly used.
    E. Section 24 requires gasoline tank trucks equipped for vapor 
collection be tested at least annually for vapor-tightness and display 
a sticker near the DOT certification plate that shows the date the 
truck passed the vapor-tightness test, that shows the truck 
identification number and that does not expire not more than 1 year 
after the date of the test.
    F. Sections 21, 22 and 23 also set standards for smaller facilities 
and tanks: Bulk plants of less than 4,000 gallons per month are only 
required to fill storage tanks or tank trucks by submerged filling and 
to discontinue transfer operations if any leaks are observed. A vapor 
balance system is not required on any tank with a capacity of 550 
gallons or less at a bulk plant. However, such tanks are still subject 
to the requirement that these tanks be filled by submerged filling. 
Under section 23, dispensing facilities of less than 10,000 gallons per 
month throughput and certain small storage tanks are required to be 
loaded by submerged fill. These smaller storage tanks are those of less 
than 2,000 gallon capacity constructed prior to January 1, 1979, of 
less than 250 gallons capacity constructed after December 31, 1978, and 
of less than 550 gallons capacity if used solely for fueling implements 
of agriculture.
    EPA's Evaluation: The regulations listed above are approvable as 
SIP revisions because they conform to EPA guidance and comply with the 
requirements of the Act. EPA has determined that the RACT standards are 
no less stringent than the applicable CTG and other EPA guidance. 
Because the standards set under section 22 are RACT, section 22 in 
combination with the applicable portions of sections 1 to 9 and 41 to 
48 is approvable to replace Series 24 in the West Virginia SIP.
    State Submittal: Section 25 applies to any vacuum-producing system, 
wastewater separator and process unit turnaround at petroleum 
refineries. Uncondensed vapors from vacuum-producing systems must be 
piped to a firebox or incinerator or compressed and added to the 
refinery fuel gas. Wastewater separators must be equipped with covers 
and seals on all separators and forebays. Lids and seals are required 
on all openings in separators, forebays and their covers and must be 
kept closed except when in use. During a process unit turnaround the 
process unit must be vented to a vapor recovery system, flare or 
firebox. No emissions are allowed from a process unit until the 
internal pressure reaches 19.7 psia.
    EPA's valuation: The regulation listed above is approvable as SIP 
revisions because it conforms to EPA guidance and complies with the 
requirements of the Act. EPA has determined that the RACT standards are 
no less stringent than the applicable CTG.
    State Submittal: Sections 26 and 29 regulate leaks from equipment 
in VOC service at any process unit at a petroleum refinery or at any 
natural gas/gasoline processing facility, respectively. Both require 
open ended lines and valves to be sealed with a second valve, blind 
flange, cap or plug except during operations requiring process fluid 
flow. Both require quarterly leak monitoring of pumps in light liquid 
service, valves, and compressors and require first attempt to repair 
the leak within five calendar days of discovery and with final repair 
within 15 calendar days. Both sections reference the leak detection 
method found in section 46. Both allow less frequent monitoring of 
unsafe-to- [[Page 6025]] monitor and difficult-to-monitor valves if a 
written plan that requires, respectively, monitoring of unsafe-to-
monitor as frequently as practicable during safe to monitor periods and 
at least annual leak monitoring of difficult-to-monitor valves. Under 
both sections, valves in gas/vapor service and in light liquid service 
may be monitored less frequently if the criteria of the skip period 
leak detection and repair provisions are met and maintained. Both 
sections allow certain equipment be exempt from the leak monitoring 
program. These are: any pressure relief valve connected to a flare 
header or operating vapor recovery device, any equipment in vacuum 
service, any compressor with a degassing vent connected to an operating 
VOC control device. Also exempted from a leak detection and repair is 
any pump with dual seals at a natural gas/gasoline processing facility 
and any pump with duel mechanical seals with a barrier fluid system at 
refineries. Under section 26 pumps in heavy liquid service at 
refineries must be leak checked using the method of section 46 only if 
evidence of a leak is found by sight, sound or smell. Under section 29 
pumps in heavy liquid service are exempted from the leak detection and 
repair provisions. Under section 26 pressure relief valves at 
refineries must be leak checked after each overpressure relief. Under 
section 29 pressure relief valves must be leak checked within 5 days 
unless monitored by non-plant personnel. In the latter case, monitoring 
must be done the next time monitoring personnel are on site or within 
30 days whichever is less.
    EPA's Evaluation: The regulations listed above are approvable as 
SIP revisions because they conform to EPA guidance and comply with the 
requirements of the Act. EPA has determined that the RACT standards are 
no less stringent than the applicable CTG. Because the standards set 
under section 25 are RACT, section 25 in combination with the 
applicable portions of sections 1 to 9 and 41 to 48 is approvable to 
replace Series 23 in the West Virginia SIP.
    State Submittal: Sections 27 and 28 regulate storage of petroleum 
liquids. Both sections apply to any petroleum liquid storage tank over 
40,000 gallons capacity. Section 27 applies to such tanks that are 
equipped with an external floating roof. Section 28 applies to such 
tanks that are of fixed roof construction. Section 27 prohibits storage 
of petroleum liquid in an external floating roof tank unless the tank 
is equipped a continuous secondary seal from the floating roof to the 
tank wall, the seals are maintained so that there are no visible holes 
or tears and the seals are intact and uniformly in place. Section 27 
also sets design and operation and maintenance criteria for openings in 
the external floating roof and for gaps in vapor-mounted primary seals. 
Section 27 requires routine, semi-annual inspections of the roof and 
seal and requires annual measurement of the seal gap in vapor-mounted 
primary seals. Section 28 prohibits storage of petroleum liquid in a 
fixed roof tank unless the tank is equipped an internal floating roof 
equipped with closure seal(s) between the roof edge and tank wall, and 
the seal(s) are maintained so that there are no visible holes or tears. 
Section 28 also sets design, operational and maintenance criteria for 
openings, drains and vents.
    EPA's Evaluation: The regulations listed above are approvable as 
SIP revisions because they conform to EPA guidance and comply with the 
requirements of the Act. EPA has determined that the RACT standards are 
no less stringent than the applicable CTG and other EPA guidance. 
Because the standards set under section 28 are RACT, section 28 in 
combination with the applicable portions of sections 1 to 9 and 41 to 
48 is approvable to replace Series 21 in the West Virginia SIP.
    State Submittal: Section 31 prohibits the manufacturing, storage, 
mixing, storage, use and application of cutback asphalt during the 
period from April 1 to October 31 of every year. Exemptions for long-
life stockpiling or use solely as a penetrating prime coat may be 
granted by the Chief of the West Virginia Office of Air Quality. 
Section 31 also prohibits the manufacturing, storage, mixing, storage, 
use and application of emulsified asphalt containing VOC during the 
period from April 1 to October 31 of every year.
    EPA's Evaluation: The regulation listed above is approvable as SIP 
revisions because it conforms to EPA guidance and complies with the 
requirements of the Act. EPA has determined that the RACT standards are 
no less stringent than the applicable CTG.
    State Submittal: Section 36 covers drycleaning facilities using 
perchloroethylene. Section 36 requires a carbon adsorption system for 
the dryer exhaust. An emission limit of 100 parts per million 
(volumetric) of VOC is established for the exhaust of this control 
device. Coin-operated facilities, and facilities with inadequate space 
or inadequate steam capacity to desorb adsorbers are exempt from the 
requirement for a carbon adsorption system. Section 36 sets the 
standards recommended in the CTG to minimize VOC emissions from leaks, 
from treatment, handling and disposal of filters, and from wet wastes 
from solvent stills.
    EPA's Evaluation: The regulation listed above is approvable as SIP 
revisions because it conforms to EPA guidance and complies with the 
requirements of the Act. EPA has determined that the RACT standards are 
no less stringent than the applicable CTG.
    State Submittal: Section 39 covers air oxidation processes in the 
synthetic organic chemical manufacturing industry (SOCMI). SOCMI is 
defined as production, either as a final product or as an intermediate, 
of any of the chemicals listed in 40 CFR 60.489. Covered are vent 
streams from air oxidation reactors and from combinations of air 
oxidation reactors and recovery systems. Section 39 requires VOC 
emissions from these vent streams be no more than 20 parts per million 
(volumetric, dry basis corrected to 3 percent oxygen) or be reduced by 
98 percent whichever is less stringent or be burned in a flare that 
meets the requirements of 40 CFR 60.18. Vent streams that have a total 
resource effectiveness (TRE) index value greater than 1.0 are required 
only to maintain the TRE index value greater than 1.0, to recalculate 
the TRE index value after any process change and to install monitoring 
devices on the final recovery device.
    EPA's Evaluation: The regulation listed above is approvable as SIP 
revisions because it conforms to EPA guidance and complies with the 
requirements of the Act. EPA has determined that the RACT standards are 
no less stringent than the applicable CTG.
    State Submittal: Sections 41 to 48 comprise the test and compliance 
methods applicable to more than one of the source categories of 
sections 10 to 40. Section 48 specifies the quality control procedures 
for continuous emission monitors. Each section requires that 
adaptations to specified methods or alternative test methods must be 
approved by the Chief of the West Virginia Office of Air Quality (the 
Chief) and the U.S. EPA.
    A. Section 41 requires that the methods of sections 42 to 47 be 
used and sets the general requirements for test plans and testing 
quality assurance programs. Test plans must be submitted to the Chief 
at least 30 days prior to the testing, preliminary results within 30 
days after completion and the final report within 60 days of the 
completion of the testing. [[Page 6026]] 
    B. Section 42 specifies the methods to be used for sampling and 
analyzing coatings and inks for VOC content. Specified methods for 
determining VOC content are Method 24 of 40 CFR Part 60, Appendix A for 
coatings and Method 24A of 40 CFR Part 60, Appendix A for inks.
    C. Section 43 specifies the methods to be used by coating sources 
for calculation of daily weighted average, of required overall emission 
reduction efficiency and of equivalent emission limitations. Section 
43.1 provides the formula for calculating the daily weighted average 
VOC content. Section 43.2 specifies how the daily required control 
efficiency is to be calculated. Provided are procedures: (1) to convert 
the complying coating, emission limits from a mass VOC per gallon of 
coating (less water and exempt solvent) basis to a solids basis, mass 
VOC per gallon solids; (2) to calculate the required overall emission 
reduction efficiency using the complying coating emission limit on a 
solids basis and either the maximum actual VOC content (solids basis) 
or the actual, daily-weighted average VOC (on a solids basis); (3) to 
calculate the actual, daily-weighted average VOC (on a solids basis) of 
the coatings used.
    D. Section 44 and Appendix A specify the methods for measuring 
capture efficiency and for calculating control device destruction or 
removal efficiency.
1. Capture Efficiency
    Four capture efficiency testing and calculation protocols are used: 
Gas/gas methods using either a temporary total enclosure (TTE) or a 
building enclosure (BE) as a TTE. Liquid/gas methods using either a BE 
as a TTE or a TTE. The procedures in Appendix A to Series 21 are 
specified for measuring the liquid input to the process, the mass of 
gaseous, fugitive VOC that escapes and the mass of gaseous VOC 
collected by the capture system. Procedure T of Appendix A to Series 21 
contains the criteria for determining if a building or temporary 
enclosure is a TTE. Procedure T also contains the criteria for 
determining if a permanent enclosure is a Permanent Total Enclosure 
(PTE). Section 44 exempts any PTE from capture efficiency testing.
2. Control Device Destruction or Removal Efficiency
    Section 44.2 requires that the methods specified in Section 45 be 
used for determining the flows and VOC concentrations in the inlets and 
outlets of VOC control devices. Section 44 stipulates the formula for 
calculating control device destruction or removal efficiency. Section 
44.2 also requires continuous monitoring on carbon adsorption systems 
and incinerators and specifies the requirements for such monitoring 
systems.
3. Overall Capture and Control Efficiency
    Section 44.3 requires that overall capture and control efficiency 
be calculated as the product of the capture efficiency and the control 
device efficiency.
    E. Section 45 adopts reference methods found in 40 CFR Part 60, 
Appendix A. The methods adopted are: Method 18, 25 or 25A for 
determining VOC concentrations at the inlet and outlet of a control 
device; only Method 25 is allowed for determining destruction 
efficiency of thermal or catalytic incinerators. Method 1 or 1A for 
velocity traverse. Method 2, 2A, 2B, 2C, or 2D for measuring velocity 
and flow rates. Method 3 or 3A for determining oxygen and carbon 
dioxide analysis. Method 4 for stack gas moisture. Section 45 also 
specifies the number and length of tests.
    F. Section 46 specifies leak detection methods. Method 21 of 40 CFR 
Part 60, Appendix A is adopted.
    G. Section 47 sets the performance specifications of systems for 
the continuous emissions monitoring of total hydrocarbons as a 
surrogate for measuring the total gaseous organic concentration in a 
combustion gas stream.
    H. Section 48 requires each owner or operator of a continuous 
emissions monitor system (CEMS) to develop and implement a CEMS quality 
control program. Section 48 defines the minimum requirements for such a 
program.
    EPA's Evaluation: The regulations listed above are approvable as 
SIP revisions because they conform to EPA guidance and comply with the 
requirements of the Act. EPA has determined that the test methods and 
compliance procedures are no less stringent than that required by the 
applicable CTG and pertinent EPA guidance.
    As required by 40 CFR 51.102, the State of West Virginia has 
certified that public hearings with regard to these proposed revisions 
were held in Charleston, West Virginia on September 12, 1991.
    EPA is approving this SIP revision without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will become 
effective April 3, 1995 unless, by March 3, 1995, adverse or critical 
comments are received.
    If EPA receives such comments, this action will be withdrawn before 
the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on the companion proposed 
rule. EPA will not institute a second comment period on this action. 
Any parties interested in commenting on this action should do so at 
this time. If no such comments are received, the public is advised that 
this action will be effective on April 3, 1995.

Final Action

    EPA is approving sections 1 to 9, 11, 12, 14 to 19, 21 to 29, 31, 
36, 39, 41 to 48 and Appendix A to West Virginia's Title 45, Series 21 
as a revision to the West Virginia SIP. The State of West Virginia 
submitted these amendments to EPA as a SIP revision on August 10, 1993.
    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.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP approval does not impose any new requirements, the 
Administrator certifies that it does not have a significant impact on 
any small entities affected. Moreover, due to the nature of the 
Federal-State relationship under the Act, preparation of a flexibility 
analysis would constitute Federal inquiry into the economic 
[[Page 6027]] reasonableness of state action. The Clean Air Act forbids 
EPA to base its actions concerning SIP's on such grounds. Union 
Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 
7410(a)(2).
    This action 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), 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 approving twenty VOC RACT regulations 
for West Virginia must be filed in the United States Court of Appeals 
for the appropriate circuit by April 3, 1995. 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 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, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements.

    Dated: November 10, 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 XX--West Virginia

    2. Section 52.2520 is amended by adding a sentence to the beginning 
of paragraph (c)(25) introductory text, and by adding paragraph (c)(33) 
to read as follows:


Sec. 52.2520  Identification of plan.

* * * * *
    (c) * * *
    (25) As of July 7, 1993 the rules in this paragraph (c)(25) are 
superseded by the rules contained in paragraph (c)(33) of this section. 
* * *
* * * * *
    (33) Revisions to the West Virginia State Implementation Plan 
submitted on August 12, 1993 by the West Virginia Department of 
Commerce, Labor & Environmental Resources.
    (i) Incorporation by reference.
    (A) Letter of August 10, 1993 from the West Virginia Department of 
Commerce, Labor & Environmental Resources transmitting Title 45 
Legislative Rules, Series 21, Regulation to Prevent and Control Air 
Pollution from Emission of Volatile Organic Compounds.
    (B) Title 45 Legislative Rules, Series 21, Regulation to Prevent 
and Control Air Pollution from Emission of Volatile Organic Compounds, 
sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 14, 15, 16, 17, 18, 19, 21, 
22, 23, 24, 25, 26, 27, 28, 29, 31, 36, 39, 41, 42, 43, 44, 45, 46, 47, 
and 48, and Appendix A, which were adopted May 26, 1993 and effective 
July 7, 1993.
    (ii) Additional material.
    (A) Remainder of August 10, 1993 State submittal pertaining to the 
rules referenced in paragraph (c)(33)(i) of this section.
    (iii) Additional information.
    (A) The rules in this paragraph (c)(33) supersede the rules 
contained in paragraph (c)(25) of this section.

[FR Doc. 95-2399 Filed 1-31-95; 8:45 am]
BILLING CODE 6560-50-P