[Federal Register Volume 60, Number 168 (Wednesday, August 30, 1995)]
[Rules and Regulations]
[Pages 45055-45056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21504]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[VA36-1-7064; FRL-5287-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Commonwealth of Virginia: Non-CTG Reasonably Available Control 
Technology for Philip Morris, Inc.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is conditionally approving a State Implementation Plan 
(SIP) revision submitted by the Commonwealth of Virginia. This revision 
establishes and requires the use of reasonably available control 
technology (RACT) to control volatile organic compound (VOC) emissions 
from the Philip Morris, Inc. (Philip Morris), Manufacturing Center in 
the Richmond, Virginia nonattainment area. The intended effect of this 
action is to approve the SIP revision on the condition that 
deficiencies in the Consent Order and Agreement (the Order) 
establishing RACT for Philip Morris are corrected and submitted within 
one year of this approval. If the State fails to meet this condition, 
this approval will convert to a disapproval. This action is being taken 
under section 110 of the Clean Air Act (CAA).

EFFECTIVE DATE: This final rule is effective on September 29, 1995.

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; and Virginia Department of Environmental Quality, 629 East Main 
Street, Richmond, Virginia, 23219.

FOR FURTHER INFORMATION CONTACT: Kathleen Henry, (215) 597-0545.

SUPPLEMENTARY INFORMATION: On April 7, 1995 (60 FR 17746), EPA 
published a notice of proposed rulemaking (NPR) for the Commonwealth of 
Virginia. The NPR proposed conditional approval of a SIP revision 
consisting of a Consent Order and Agreement (the Order) between the 
Department of Environmental Quality (DEQ) of the Commonwealth of 
Virginia and Philip Morris, establishing RACT for the Philip Morris 
Manufacturing Center in Richmond, Virginia. The NPR proposed 
conditional approval based on the Commonwealth revising the Order 
according to the options identified in the NPR and resubmitting it to 
EPA within one year of the final conditional approval. No comments were 
recieved on the NPR. The formal SIP revision was submitted by the 
Commonwealth on September 28, 1994.
    EPA notes that if the Commonwealth fails to meet the conditions of 
this approval action, the EPA Regional Administrator will directly make 
a finding, by letter, that the conditional approval is converted to a 
disapproval and the clock for imposition of sanctions under section 
179(a) of the CAA will start as of the date of the letter. 
Subsequently, a document will be published in the Federal Register 
announcing that the SIP revision has been disapproved.
    Specific requirements of the Order and the rationale for EPA's 
action are explained in the NPR and will not be restated here.

Final Action

    Pursuant to section 110(k)(4) of the CAA, EPA is conditionally 
approving the Virginia SIP revision for the Philip Morris Manufacturing 
Center, based on certain contingencies. In order to be approvable, the 
Consent Order and Agreement with Philip Morris, Inc., must be revised 
in one of the following ways and resubmitted to EPA within one year of 
this final conditional approval: (1) Eliminate the exemption to use 
non-ethanol-based flavorings in lieu of add-on controls; (2) restrict 
the applicability of the exemption to the use of non-VOC based 
flavorings; or (3) impose monitoring and reporting requirements 
sufficient to determine net increases or decreases in emissions on a 
mass basis relative to the emissions that would have occurred using 
add-on controls on an average not to exceed thirty days.
    If Virginia fails to revise and resubmit the Order to EPA within 
one year of the final conditional approval, the approval will convert 
to a disapproval.
    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 section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action proposed/promulgated 
does not include a Federal mandate that may result in estimated costs 
of $100 million or more to either State, local, or tribal governments 
in the aggregate, or to the private sector. This Federal action 
approves pre-existing requirements under State or local law, and 
imposes no new Federal requirements. Accordingly, no additional costs 
to State, local, or tribal governments, or to the private sector, 
result from this action.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this conditional approval action of the SIP revision 
establishing RACT for the Philip Morris Manufacturing Center in 
Richmond, Virginia, must be filed in the United States Court of Appeals 
for the appropriate circuit by October 30, 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).) 

[[Page 45056]]


List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Ozone, Reporting and recordkeeping 
requirements.

    Dated: August 16, 1995.
W. Michael McCabe,
Regional Administrator, Region III.
    Chapter I, title 40, of the Code of Federal Regulations 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 52.2450 is added to read as follows:


Sec. 52.2450  Conditional approval.

    Virginia's September 28, 1994 SIP submittal of a Consent Order and 
Agreement (Order) between the Department of Environmental Quality of 
the Commonwealth of Virginia and Philip Morris, Inc. establishing 
reasonably available control technology (RACT) for the Manufacturing 
Center located in Richmond, Virginia is conditionally approved based on 
certain contingencies. The condition for approval is to revise and 
resubmit the Order as a SIP revision within one year of September 29, 
1995 according to one of the following: Eliminate the exemption to use 
non-ethanol-based flavorings in lieu of add-on controls; restrict the 
applicability of the exemption to the use of non-VOC based flavorings; 
or impose monitoring and reporting requirements sufficient to determine 
net increases or decreases in emissions on a mass basis relative to the 
emissions that would have occurred using add-on controls on an average 
not to exceed thirty days.

[FR Doc. 95-21504 Filed 8-29-95; 8:45 am]
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