[Federal Register Volume 60, Number 187 (Wednesday, September 27, 1995)]
[Rules and Regulations]
[Pages 49767-49770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23869]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[VA21-1-5883a; FRL-5292-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia--VOC RACT Requirements

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 Commonwealth of Virginia. This revision pertains to 
amendments to Virginia's major source volatile organic compound (VOC) 
reasonably available control technology (RACT) requirements applicable 
in the Richmond ozone nonattainment area and the Virginia portion of 
the Washington, DC ozone nonattainment area. The revision was submitted 
to comply with the RACT ``Catch-up'' provisions of the Clean Air Act 
Amendments of 1990 (The Amendments). The intended effect of this action 
is to approve the submitted amendments to Virginia's major source VOC 
RACT requirements because they strengthen Virginia's SIP. This action 
is being taken under section 110 of the Clean Air Act.

DATES: This final rule is effective November 27, 1995, unless notice is 
received on or before October 27, 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 Marcia L. Spink, Associate 
Director, Air Programs (3AT00), 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 & 
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, Richmond, 
Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Maria Pino, (215) 597-9337.

SUPPLEMENTARY INFORMATION: On November 6, 1992, the Virginia Department 
of Environmental Quality submitted a revision to its ozone SIP to 
comply with the RACT ``Catch-up'' provisions of the Clean Air Act (the 

[[Page 49768]]
Act). The revision consists of amendments to Virginia's major source 
VOC RACT regulation to: (1) Lower the applicability threshold for RACT 
in the Virginia portion of the Washington, DC ozone nonattainment area 
and; (2) add a compliance date of May 31, 1995 for major VOC sources in 
the Richmond nonattainment area and the Virginia portion of the 
Washington. DC nonattainment area to comply with RACT emission 
standards.

I. Background

    Under the pre-amended Act (i.e. the Act prior to the 1990 
Amendments), ozone nonattainment areas were required to adopt RACT 
rules for sources of VOC emissions. EPA issued three sets of control 
technique guideline documents (CTGs), establishing a ``presumptive 
norm'' for RACT for various categories of VOC sources. Those sources 
not covered by a CTG were called non-CTG sources. EPA determined that 
an area's SIP-approved attainment date established which RACT rules the 
area needed to adopt and implement. Under pre-amended section 
172(a)(1), ozone nonattainment areas were generally required to attain 
the ozone standard by December 31, 1982. Those areas that submitted an 
attainment demonstration projecting attainment by that date were 
required to adopt RACT for sources covered by the Group I and II CTGs. 
Those areas that sought an extension of the attainment date under 
section 172(a)(2) to as late as December 31, 1987 were required to 
adopt RACT for all CTG sources and for all major non-CTG sources (i.e. 
sources having potential VOC emissions of 100 tons per year (TPY) or 
more).
    Under the pre-amended Act, EPA designated the metropolitan 
Washington, DC area (including a portion of Northern Virginia) and the 
Richmond area as nonattainment. These areas both had a pre-enactment 
(i.e. prior to enactment of the 1990 Amendments) attainment date of 
December 31, 1987 and, therefore, were required to adopt RACT for Group 
I, II, and III CTG categories as well as non-CTG VOC sources with the 
potential to emit 100 TPY or more. However, these areas did not attain 
the ozone standard by the approved attainment date.
    On November 15, 1990, amendments to the 1977 Clean Air Act were 
enacted. 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 and November 30, 1992, EPA issued those designations. 
56 FR 56694 and 57 FR 56762. The metropolitan Washington, DC and 
Richmond nonattainment areas retained their nonattainment designation. 
The metropolitan Washington, DC area (including a portion of Northern 
Virginia) was classified as serious, and the Richmond area was 
classified as moderate. 56 FR 56694 (Nov. 6, 1991).
    Section 182(b)(2) of the amended Act requires States to adopt RACT 
rules for all areas designated nonattainment for ozone and classified 
as moderate or above. There are three parts to the section 182(b)(2) 
RACT requirement: (1) RACT for sources covered by an existing CTG (i.e. 
a CTG issued prior to the enactment of the Amendments); (2) RACT for 
sources covered by post-enactment CTGs; and (3) all major sources not 
covered by a CTG. This RACT requirement makes nonattainment areas that 
previously were exempt from RACT requirements ``catch up'' to those 
nonattainment areas that became subject to those requirements during an 
earlier period, and therefore, is known as the RACT Catch-up 
requirement. In addition, it requires newly designated ozone 
nonattainment areas to adopt RACT rules consistent with those for 
previously designated nonattainment areas.
    Since the metropolitan Washington, DC and Richmond nonattainment 
areas were previously required to adopt RACT for all CTG sources, to 
meet the RACT Catch-up requirement Virginia was not required to submit 
additional CTG RACT rules for these areas. However, the major source 
definition for serious areas has been lowered under the amended Act to 
cover sources that have the potential to emit 50 TPY of VOC or more. 
Therefore, Virginia was required to adopt RACT rules for all sources 
that exceed this cut-off in the Virginia portion of the Washington, DC 
nonattainment area.
    In addition to the pre-enactment metropolitan Washington, DC and 
Richmond nonattainment areas retaining their nonattainment 
designations, EPA also extended their nonattainment area boundaries. 
Therefore, under the RACT Catch-up provision of section 182(b)(2), the 
Commonwealth was required, for these portions of the nonattainment 
areas, to submit RACT rules covering all CTGs and all non-CTG major VOC 
sources.
    In summary, to fully comply with the RACT Catch-up provisions of 
the Act, Virginia is required to expand its RACT regulations to the 
areas which have been added to the Virginia portion of the pre-
enactment metropolitan Washington, DC nonattainment area and the pre-
enactment Richmond nonattainment area. It must adopt RACT regulations 
for all CTG sources and all major non-CTG VOC sources (VOC sources with 
the potential to emit  50 TPY in the Virginia portion of the 
metropolitan Washington, DC nonattainment area and  100 TPY 
in the Richmond nonattainment area). Sources must comply with these 
provisions as expeditiously as possible, but no later than May 31, 
1995.
    This action pertains only to one portion of the RACT Catch-up 
provisions, the requirement to lower the applicability threshold for 
RACT in the Virginia portion of the Washington, DC nonattainment area. 
The requirement to expand the geographic applicability of Virginia's 
RACT rules was the subject of a separate rulemaking action. (See 59 FR 
52704.)

II. Commonwealth's Submittal

    Virginia's existing major source RACT regulation, section 120-04-
0407, requires RACT for sources in the Virginia portion of the 
Washington, DC nonattainment area and the Richmond nonattainment area 
with the potential to emit  100 TPY of VOC. On October 19, 
1994, EPA approved into the Virginia SIP revisions to Appendix P of 
Virginia's air quality regulations that redefined the boundaries for 
Virginia's ozone nonattainment areas. (See 59 FR 52701) Thus, the 
geographic applicability of section 120-04-0407 was revised to cover 
the expanded Richmond nonattainment area and the expanded Virginia 
portion of the Washington, DC nonattainment area.
    Virginia's November 6, 1992 submittal contains amendments to 
section 120-04-0407 that lower the applicability threshold such that 
sources with potential VOC emissions of 50 TPY or greater in the 
expanded Virginia portion of the Washington, DC nonattainment area are 
now subject to RACT. Sources with potential VOC emissions of 100 TPY or 
greater in the expanded Richmond nonattainment area are also subject to 
RACT. Additionally, a compliance date of May 31, 1995 was added to the 
rule for sources in both the Virginia portion of the Washington, DC 
area and the Richmond area.

III. EPA Evaluation and Action

    EPA is approving the amendments to section 120-04-0407 described 
above because they comply with the RACT Catch-up requirements of the 
Act and serve to strengthen Virginia's SIP. Detailed descriptions of 
the 

[[Page 49769]]
amendments addressed in this document, and EPA's evaluation of the 
amendments, are contained in the technical support document (TSD) 
prepared for these revisions. Copies of the TSD are available from the 
EPA Regional office listed in the ADDRESSES section of this document.
    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 be 
effective November 27, 1995, unless, by October 27, 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 this action serving as a 
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 November 27, 1995.

Final Action

    EPA is approving amendments to section 120-04-0407, Virginia's 
major source VOC RACT requirements applicable in the Richmond ozone 
nonattainment area and the Virginia portion of the Washington, DC ozone 
nonattainment area, submitted by the Commonwealth of Virginia on 
November 6, 1992.
    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 
reasonableness of state action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
    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.
    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 a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.
    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 action, pertaining to Virginia's major source 
VOC RACT requirements, must be filed in the United States Court of 
Appeals for the appropriate circuit by November 27, 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: August 24, 1995.
W. Michael McCabe,
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)(106) to read 
as follows:


Sec. 52.2420  Identification of plan.

* * * * *
    (c) * * *
    (106) Revisions to the Virginia State Implementation Plan submitted 
on November 6, 1992 by the Virginia Department of Environmental 
Quality:
    (i) Incorporation by reference.
    (A) Letter of November 6, 1992 from the Virginia Department of 
Environmental Quality transmitting revisions to Virginia's State 
Implementation Plan, pertaining to volatile organic compound 
requirements in Virginia's air quality regulations.
    (B) Revisions to Sec. 120-04-0407 that lower the applicability 
threshold for RACT in the Virginia portion of the Washington, DC ozone 
nonattainment area and add a RACT compliance date of May 31, 1995 for 
major VOC sources in the Richmond ozone nonattainment area and the 
Virginia portion of the Washington, DC ozone nonattainment area, 
adopted by the Virginia State Air 

[[Page 49770]]
Pollution Board on October 30, 1992 and effective on January 1, 1993.
    (ii) Additional material.
    (A) Remainder of Virginia's November 6, 1992 State submittal 
pertaining to Sec. 120-04-0407.

[FR Doc. 95-23869 Filed 9-26-95; 8:45 am]
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