[Federal Register Volume 60, Number 188 (Thursday, September 28, 1995)]
[Rules and Regulations]
[Pages 50103-50105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24034]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 62

[VA9-3-5469, VA9-8-5474; FRL-5262-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia (Approval of Miscellaneous Revisions); Approval and 
Promulgation of State Plans for Designated Facilities and Pollutants; 
Virginia (Approval of Revision to the Section 111(d) Plan for Sulfuric 
Acid Mist)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving both a State Implementation Plan (SIP) 
revision and a Section 111(d) plan revision submitted by the 
Commonwealth of Virginia. These revisions incorporate changes which 
were adopted by Virginia in 1985 as part of a reorganization of 
Virginia's air pollution control regulations, and 

[[Page 50104]]
which still represent current state law as of September 28, 1995. The 
intended effect of this action is to revise these federally-approved 
air quality plans to reflect the current State requirements. These 
actions are being taken under sections 110 and 111(d) of the Clean Air 
Act.

EFFECTIVE DATE: This final rule is effective on October 30, 1995.

ADDRESSES: Copies of the documents relevant to these actions 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, Richmond, Virginia 23219.

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

SUPPLEMENTARY INFORMATION: On October 19, 1987 (47 FR 38787), EPA 
published a notice of proposed rulemaking (NPR) for the Commonwealth of 
Virginia. The NPR proposed approval of a revised format and numerous 
amendments, both administrative and substantive, submitted by the 
Commonwealth of Virginia to EPA Region III on February 14, 1985. EPA 
approved the revised format and rule citations on February 25, 1993 (58 
FR 11374), and incorporated them by reference into the Virginia SIP at 
40 CFR 52.2420(c)(89). In this same action, EPA stated that the 
substance of certain regulations pertaining to volatile organic 
compounds (VOC) and sulfuric acid mist would be acted upon in a 
separate notice. At this time, EPA is taking final action on the above-
mentioned provisions. The revised provisions are summarized below:

40 CFR Part 52

    The revised VOC regulations submitted by Virginia on February 14, 
1985 and not incorporated by reference at 40 CFR 52.2420(c)(89) 
consists of the following revisions:
    1. Deletion of Virginia SIP Regulation 4.52 (Hydrocarbon 
Emissions), effective February 1, 1985. The provisions of this 
regulation were applicable only in Virginia Region 7, which for the 
purposes of this regulation consisted of the following municipalities: 
Arlington, Fairfax, Loudoun and Prince William Counties; Alexandria, 
Fairfax, and Falls Church Cities. The provisions of SIP Regulation 4.52 
no longer represent current State law, and have been replaced or 
superseded since 1985 in the Virginia SIP with the source-specific 
rules for VOC source categories found in the federally-enforceable 
version of Part IV.
    2. Administrative amendments to Rule 4-41 (Motor Vehicles), 
Sections 120-04-4103A. and 4103B.
    Public hearings were held on June 15, 1984 in Richmond, as required 
by 40 CFR 51.102. Additional public hearings were held in Abingdon, 
Roanoke, Lynchburg, Virginia Beach, and Springfield.
    SIP Regulation 4.52, originally approved by EPA in 1974, is 
applicable only to VOC sources located in the Virginia portion of the 
National Capital AQCR, was the original regulation adopted by Virginia 
to control emissions from sources of photochemically reactive organic 
compounds located in Northern Virginia. This regulation was approved by 
EPA prior to EPA's issuing of Round I, Round II and Round III Control 
Techniques Guideline (CTG) regulations. (See 40 CFR 52.2420 
(c)(19),(c)(24)). Virginia has further revised its VOC regulations in 
response to the requirements of the 1990 Clean Air Act amendments.
    Since SIP Regulation 4.52 ceased to be State law effective February 
1, 1985, and since Virginia's current VOC regulations are far more 
comprehensive than the provisions of SIP Regulation 4.52, EPA sees no 
need to retain this provision as part of the federally-enforceable SIP.
    The provisions of Sections 120-04-4103A (which prohibits the 
tampering of motor vehicle emission control systems) and 120-04-103B 
(which specifies allowable visible emissions) as revised, effective 
February 1, 1985, remain current State law as of the date of this 
document. EPA has determined that these revisions are administrative in 
nature, and serve to enhance the enforceability of this regulation. No 
public comments were received on the October 19, 1987 NPR.

Final Action

    EPA is approving both the revised provisions of Section 120-04-4103 
and the deletion of Section 4.52 as a revision to the Virginia SIP. The 
revised Virginia regulations will be incorporated by reference into the 
Virginia SIP, and codified at 40 CFR 52.2420(c)(104).
    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.

40 CFR Part 62

    The reorganization of Virginia's air quality regulations also 
affects Virginia's Section 111(d) plan for sulfuric acid mist, as Rule 
4-21 (Sulfuric Acid Plants) of the 1985 regulations replaces Regulation 
4.51(c) of the pre-1985 format.
    Virginia currently has an approved section 111(d) Plan for sulfuric 
acid mist. (See 40 CFR 62.11601). In its initial approval of the 
Section 111(d) plan for sulfuric acid mist (November 13, 1981, 46 FR 
55972), EPA announced that all applicable provisions of the federally-
enforceable Virginia SIP would also apply to control of sulfuric acid 
mist sources. The applicable SIP regulations, which are codified at 
Sec. 52.2420(c)(89), are described in the technical support document 
(TSD) accompanying this action.
    However, the February 14, 1985 version of Section 120-04-2104 
(formerly Section 4.51(c)(2)) was not IBR'ed into the SIP, since it 
exclusively governs sulfuric acid mist, a noncriteria welfare pollutant 
controlled under section 111(d) of the Clean Air Act, and not section 
110 of the Act. As such, revisions to Section 120-04-2104 would be 
codified in 40 CFR part 62 rather than 40 CFR part 52. This regulation 
is revised to conform with the revision of the term ``sulfuric acid 
plant'', which Virginia revised to ``sulfuric acid production unit.''
    Public hearings were held on June 15, 1984 in Richmond, as required 
by 40 CFR Section 60.23. Additional public hearings were held in 
Abingdon, Roanoke, Lynchburg, Virginia Beach, and Springfield.

EPA Evaluation

    The revised definition of ``sulfuric acid production unit'' found 
in Section 120-04-2104 conforms to Virginia's definitions format found 
throughout its air pollution control regulations. In combination with 
the remainder of the Rule 4-21 provisions incorporated by reference 
into the Virginia SIP at Sec. 52.2420(c)(89), EPA concludes that all 
provisions in Rule 4-21 submitted as of February 14, 1985 which apply 
to sulfuric acid mist are federally enforceable.
    The actions taken at Sec. 52.2420(c)(89) allows EPA to revise other 
provisions under subpart VV of 40 CFR part 62. In its original approval 
action of November 13, 1981, sections 62.11601(c) and 62.11602(a) were 
added to indicate that no action on the applicability of the 

[[Page 50105]]
monitoring provisions (Virginia regulation 120-04-04), the 
Notification, Records and Reporting provisions (120-04-05), and 
Appendix J (Emission Monitoring Provisions For existing Sources) would 
be taken on Virginia's Section 111(d) plan for sulfuric acid mist in 
part 62 until EPA incorporated these Commonwealth provisions in part 
52. In this action, EPA is revising subpart VV of part 62 to reflect 
the action taken at Sec. 52.2420(c)(89) to incorporate by reference the 
current provisions of Virginia regulations 120-04-04 and 120-04-05.
    During the 30-day public comment period following the October 19, 
1987 proposed rulemaking notice, no comments were received.

Final Action

    EPA is approving the revised provisions of Rule 4-21, Section 120-
04-2104 as a revision to Virginia's Section 111(d) plan for sulfuric 
acid mist. Therefore, the revised State regulations will be codified at 
40 CFR 62.11601(g). At the same time, EPA is removing 40 CFR 
62.11601(c) and 62.11602(a) to reflect the current status of the 
federally-enforceable Virginia SIP.
    The Agency has reviewed this request for revision of the Federally-
approved Section 111(d) 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 these actions 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 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 these actions pertaining to approval of revisions of 
Virginia's air pollution control regulations for mobile sources and 
sulfuric acid mist, as well as the deletion of the pre-1985 hydrocarbon 
emissions regulations, 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 these final rules 
does not affect the finality of these rules 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. These actions may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Ozone, Reporting and recordkeeping requirements.

40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Reporting and recordkeeping requirements, Sulfuric acid plants.

    Dated: July 7, 1995.
Stanley L. Laskowski,
Acting 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 52.2420 is amended by adding paragraph (c)(104) to read 
as follows:


Sec. 52.2420  Identification of plan.

* * * * *
    (c) * * *
    (104) Revisions to the Virginia Regulations for the Control and 
Abatement of Air Pollution submitted on February 14, 1985 by the 
Virginia Department of Air Pollution Control:
    (i) Incorporation by reference.
    (A) Letter of February 14, 1985 from the Virginia Department of Air 
Pollution Control transmitting a revision to the Virginia State 
Implementation Plan.
    (B) The following provisions of the Virginia regulations, effective 
February 1, 1985:
    (1) Revisions to Part IV, Rule 4-41 (Mobile Sources), Sections 120-
04-4103A. and 120-04-4103B.
    (2) Deletion of SIP Regulation 4.52.
    (ii) Additional material.
    (A) Remainder of February 14, 1985 State submittal pertaining to 
the revised provisions of Section 120-04-4103 and the deletion of SIP 
regulation 4.52.
* * * * *

PART 62--[AMENDED]

    1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7413 and 7601.

Subpart VV--Virginia

    1. Section 62.11601 is amended by removing and reserving paragraph 
(c) and by adding paragraph (g) to read as follows:

Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants


Sec. 62.11601  Identification of plan.

* * * * *
    (g) Section 4.51(c)(2) is replaced with Rule 4-21 (Emission 
Standards from Sulfuric Acid Production Units), section 120-04-2104 
(Standard for Sulfuric Acid Mist), effective February 1, 1985. This 
revision was submitted on February 14, 1985 by the Commonwealth of 
Virginia.


Sec. 62.11602  [Removed]

    2. Section 62.11602 is removed.

[FR Doc. 95-24034 Filed 9-27-95; 8:45 am]
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