[Federal Register Volume 62, Number 48 (Wednesday, March 12, 1997)]
[Rules and Regulations]
[Pages 11334-11337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6079]
[[Page 11334]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[VA059-5016a and VA060-5016a; FRL-5698-1]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Standards for Volatile Organic Compound (VOC) Emissions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving two State Implementation Plan (SIP) revisions
submitted by the Commonwealth of Virginia. These revisions pertain to
amendments to Virginia's controls on sources of volatile organic
compound (VOC) emissions in the Northern Virginia portion of the
Metropolitan Washington DC serious ozone nonattainment area and the
Richmond moderate ozone nonattainment area. These revisions were
submitted to impose additional control measures on sources of VOC
emissions to provide emissions reductions which are creditable toward
the 15% Rate of Progress Plan (15% ROP Plan) in the Northern Virginia
portion of the Metropolitan Washington DC nonattainment area; and to
impose additional control measures in the Richmond nonattainment area
to reduce VOC emissions. The intended effect of today's action is to
approve the submitted amendments to Virginia's rules imposing
additional controls on sources of VOCs because they strengthen the
Virginia SIP and provide creditable measures upon which Virginia can
rely in the 15% ROP Plan for Northern Virginia. Additionally, EPA is
taking action in this rulemaking to approve a renumbering of the
revised Virginia regulations submitted in these SIP revisions. This
action is being taken under section 110 of the Clean Air Act (CAA).
DATES: This final rule is effective April 28, 1997, unless within April
11, 1997, adverse or critical comments are received. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone/CO
and Mobile Sources Section, Mailcode 3AT21, 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 and the Virginia Department of Environmental Quality, 629 East
Main Street, Richmond, Virginia, 23219.
FOR FURTHER INFORMATION CONTACT: Kristeen Gaffney, (215) 566-2092, or
via e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Section 182(b)(1) of the CAA requires ozone nonattainment areas
with classifications of moderate and above to develop plans to reduce
area-wide VOC emissions by 15 percent from a 1990 baseline. These 15%
Rate of Progress (ROP) Plans were to be submitted by November 15, 1993
and the reductions were required to be achieved within 6 years of
enactment or November 15, 1996.
This rulemaking addresses two SIP revisions submitted by the
Commonwealth of Virginia. The first revision, submitted on April 22,
1996, consists of two new regulations and revisions to previously SIP-
approved State regulations to regulate sources of volatile organic
compounds (VOCs). The second SIP revision also addressed in this
rulemaking, submitted by the Virginia Department of Environmental
Quality on April 26, 1996, consists of revisions to Virginia Regulation
120-04-40--``Emission Standards for Open Burning.''
The amendments to Virginia's SIP require reasonably available
control technology (RACT) determinations on all sources with the
theoretical potential to emit 25 tons per year (TPY) or greater of VOCs
in the Northern Virginia portion of the Metropolitan Washington DC
nonattainment area. This amendment lowers the RACT applicability
threshold from the CAA mandated 50 TPY to 25 TPY in the Northern
Virginia area. The Commonwealth relies, in part, on the reductions
achieved by lowering the RACT applicability threshold to satisfy the
Northern Virginia portion of the 15% ROP Plan for the Metropolitan
Washington DC nonattainment area. These SIP revisions impose additional
VOC reduction measures on graphic arts processes, lithographic printing
processes, and impose restrictions on open burning in both the Northern
Virginia portion of the Metropolitan Washington DC nonattainment area
and in the Richmond nonattainment area. Elsewhere in today's Federal
Register, EPA is proposing conditional interim approval of the 15% ROP
Plan for the Northern Virginia portion of the Metropolitan Washington
DC nonattainment area. It should be noted that a redesignation request
and maintenance plan for the Richmond area are currently pending before
EPA. The reductions achieved by these SIP revisions in the Richmond
area are part of the maintenance plan portion of the Commonwealth's
redesignation request for Richmond. The redesignation request and
maintenance plan themselves will be the subject of a separate
rulemaking by EPA.
II. Summary of the Virginia Submittals
The April 22, 1996 submittal consists of revisions to Virginia rule
120-1 ``General Definitions'', rule 120-4-4, ``Emission Standards for
General Process Operations'', rule 120-4-36, ``Emission Standards for
Flexographic, Packaging Rotogravure, and Publication Rotogravure
Printing Lines'', and Appendix S (``Air Quality Programs Policies and
Procedures''), plus submittal of new rules 120-4-43 ``Emission
Standards for Sanitary Landfills'' and rule 120-4-45, ``Emission
Standards for Lithographic Printing Processes''. Please note that EPA
is not taking action on rule 120-4-43 ``Emission Standards for Sanitary
Landfills,'' (renumbered to be Article 43, Rule 4-43, 9 VAC 5-40-5800)
in this direct final rulemaking. That revision to the Virginia SIP will
be the subject of a separate rulemaking. The April 26, 1996 SIP
revision consists of revisions to Virginia regulation 120-04-40,
``Emission Standards for Open Burning.''
The Commonwealth of Virginia is in the process of renumbering its
Regulations for the Control and Abatement of Air Pollution. The
regulations submitted for revision as part of this review have been
renumbered and adopted by the Commonwealth as follows:
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Virginia regulation Former rule number Revised rule number
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General Definitions.................... VA 120-01-01.............. 9 VAC 5-10-10.
VA 120-01-02.............. 9 VAC 5-10-20.
General Process Operations............. VA 120-04-04.............. 9 VAC 5-40-240-420.
Flexographic and rotogravure printing.. VA 120-04-36.............. 9 VAC 5-40-5060-5190.
[[Page 11335]]
Open Burning........................... VA 120-04-40.............. 9 VAC 5-40-5600-5640.
Lithographic Printing.................. VA 120-04-45.............. 9 VAC 5-40-7800-7940.
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While the purpose of this rulemaking is to act upon the SIP
revisions as meeting the requirements of the CAA and achieving
reductions creditable for the 15% ROP Plan, EPA is also taking action
to approve of the renumbering of the above regulations in today's
rulemaking and incorporating them in the Virginia SIP. Please note that
throughout the rest of this rulemaking, the rules will be referred to
by the newly revised numbering scheme.
The SIP revision submitted by the Commonwealth on April 22, 1996,
also contains revisions to the requirements for sources of nitogen
oxides (NOX) in section 9 VAC 5-40-310 (formerly numbered 120-04-
0408). Virginia's rule to impose RACT on major stationary NOX
sources in Northern Virginia was originally submitted as a SIP revision
to EPA on November 9, 1992. EPA has not yet taken final rulemaking
action on this SIP revision. The Commonwealth's April 22, 1996
submittal revises section 9 VAC 5-40-310 from the version of the rule
originally submitted to EPA on November 9, 1992. EPA is currently
evaluating the combined revisions submitted by the Commonwealth to
impose RACT on major stationary sources of NOX, and shall take
action on section 9 VAC 5-40-310 in a separate rulemaking notice.
III. Detailed Description of the SIP Revisions
A. Revisions to 9 VAC 5-10-20 ``General Definitions''
Definitions were added for ``Federally enforceable'',
``Implementation plan''; ``Potential to Emit'' and ``State
enforceable''; and definitions were revised for ``Administrator'' and
``Volatile organic compound''.
B. Revisions to Article 4 ``Emission Standards for General Process
Operations'' (Rule 4-4), Subsection 9-VAC 5-40-300 ``Standard for
Volatile Organic Compounds''
Subsection 9-VAC 5-40-300 applies to any facility with the
theoretical potential to emit 25 tpy or greater of VOCs that is not
already subject to a SIP regulation developed pursuant to a federal
Control Technique Guideline (CTG) or to any other federally approved
SIP RACT rule. The CAA requires RACT for all major stationary sources
(defined in serious ozone nonattainment areas as sources emitting 50
tons per year) of VOCs in nonattainment areas not otherwise covered by
a CTG-based SIP regulation. Section 5-40-300 meets this requirement and
requires source-specific RACT determinations for all sources meeting
the major source definition not already subject to a CTG or source
category based RACT limit.
In the April 22, 1996 SIP revision, the applicability threshold has
been lowered from the CAA mandated 50 TPY to 25 TPY in the Northern
Virginia portion of the Metropolitan Washington DC ozone nonattainment
area. The VOC RACT requirement now applies to all facilities that are
within a stationary source and have a theoretical potential to emit 25
tpy or greater in the Northern Virginia portion of the nonattainment
area. The 15% ROP Plan for the Northern Virginia portion of the
Metropolitan Washington D.C. area relies on this control strategy to
satisfy the 15% VOC reduction goal. The revised Virginia regulation
requires sources with the potential to emit 50 tpy VOCs or greater in
Northern Virginia and sources with the potential to emit 100 tpy VOCs
or greater in Richmond to meet the CAA-mandated May 31, 1995 RACT
compliance deadline. The revised Virginia regulation requires sources
with the potential to emit equal to or greater than 25 tpy but less
than 50 tpy in Northern Virginia to comply with RACT no later than May
31, 1996.
Article 4 ``Emission Standards for General Process Operations'' (Rule
4-4), subsection 9 VAC 5-40-420 ``Permits'' was clarified by adding
that the ``operation'' of a facility is also an activity for which a
source may be required to obtain a permit.
C. Article 36 ``Emission Standards for Flexographic, Packaging
Rotogravure, and Publication Rotogravure Printing Lines'' (Rule 4-36)
Rule 4-36 is an existing SIP approved rule that has been revised to
lower the applicability from 100 tpy to 25 tpy in the Northern Virginia
area, add applicability to surface coatings other than printing inks,
add alternative procedures for determining compliance, add compliance
requirements for single and multiple printing lines and averaging
periods, and clarify certain terms and provisions.
D. Article 45, ``Emission Standards for Lithographic Printing
Processes'' Rule 45, All Sections 9 VAC 5-40-7800 Through 9 VAC 5-40-
7940
This is a new regulation being added to Virginia's SIP to control
VOC emissions from lithographic printing processes that use a substrate
other than a textile. This rule applies to all non-exempted
lithographic printing processes that use a substrate other than a
textile in the Northern Virginia and Richmond areas with the
theoretical potential to emit VOCs equal to or greater than 10 tons per
year and 100 tons per year, respectively, for these areas.
E. Revisions to Virginia regulation Part IV, ``Emission Standards for
Open Burning'' Rule 4-40
Effective April 1, 1996 new regulatory provisions prohibit open
burning of construction waste, debris waste and demolition waste both
on site and in landfills in the Northern Virginia portion of the
Metropolitan Washington DC ozone nonattainment area during the peak
ozone season, the months of June, July and August. Effective in January
2000, this ban will extend to the Richmond and Hampton Roads ozone
nonattainment areas.
F. Revisions to Appendix S ``Air Quality Program Policies and
Procedures''
Appendix S describes materials available to the public on the
Commonwealth's procedures and guidelines for meeting certain VOC
regulations. Revisions being approved today include administrative
changes to I.D and II.C; and revisions to AQP-3 ``Procedures For the
Measurement of Capture Efficiency For Determining Compliance With
Volatile Organic Compound Emission Standards Covering Surface Coating
Operations and Graphic Arts Printing Processes (Flexographic, Packaging
Rotogravure, and Publication Rotogravure Printing Lines)''.
IV. Final Action
EPA is approving the April 22, 1996 and April 26, 1996 SIP
revisions submitted by the Commonwealth of Virginia as revisions to the
Virginia SIP except for rule 9 VAC 5-40-5800, pertaining to sanitary
landfills, and section 9 VAC 5-40-310, pertaining to
[[Page 11336]]
sources of NOX, for the reasons discussed in this notice. EPA is
approving the SIP revisions, as discussed in this notice, because they
satisfy CAA requirements and comport with all applicable federal
policies and guidance.
EPA is approving these revisions without prior proposal because the
Agency views them as noncontroversial amendments and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve these SIP revisions
should adverse or critical comments be filed. This action will be
effective April 28, 1997 unless, by April 11, 1997, 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
April 28, 1997.
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.
VI. Administrative Requirements
A. Executive Order 12866
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.
B. Regulatory Flexibility Act
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, EPA
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 CAA, 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).
C. Unfunded Mandates
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
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 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
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by
section 5 U.C.C. 804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action to approve revisions to the Virginia SIP
must be filed in the United States Court of Appeals for the appropriate
circuit by May 12, 1997. Filing a petition for reconsideration by the
Regional 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 to approve revisions to the Virginia SIP to control VOCs 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.
Dated: February 25, 1997.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.
40 CFR part 52, subpart VV of chapter I, title 40 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 paragraphs (c)(113) and
(c)(114) to read as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
(113) Revisions to the Virginia State Implementation Plan submitted
April 22, 1996 by the Virginia Department of Environmental Quality.
(i) Incorporation by reference.
(A) Letter of April 22, 1996 from the Virginia Department of
Environmental Quality transmitting revisions to Virginia's State
Implementation Plan, pertaining to regulations to control sources of
volatile organic compounds (VOC).
(B) Revisions to the following Virginia regulations adopted by the
Virginia
[[Page 11337]]
State Air Pollution Control Board on December 19, 1995 and effective
April 1, 1996:
(1) Added Definitions to 9-VAC 5-10-20 (General Definitions)
(Former SIP Section 120-01-02)--``Federally enforceable'',
``Implementation plan'', ``Potential to Emit'', and ``State
enforceable''; and revised definitions to 9-VAC 5-10-20 for
``Administrator'' and ``Volatile organic compound''.
(2) Revisions to Article 4, Rule 4-4, ``Emission Standards for
General Process Operations'' (Former SIP Citation--Part IV, Rule 4-4),
sections 9 VAC 5-40-300A. (citation only), B., and C. (Former SIP
Sections 120-04-0407A., B, and C).
(3) Revisions to Article 4, Rule 4-4, section 9-VAC 5-40-420
(Former SIP Section 120-04-0419)--Introductory paragraph and paragraphs
5-40-420.1 through .5 are revised, while paragraph 5-40-420.6 is added.
(4) Revisions to Article 36, Rule 4-36 ``Emission Standards for
Flexographic, Packaging Rotogravure, and Publication Rotogravure
Printing Lines'' (former Part IV, Rule 4-36), sections 9 VAC 5-40-5060,
subsections A., B. (citation only), C., and E.1 and .2 (Former SIP
sections 120-04-3601.A. through D.1 and D.2); additions of sections 9
VAC 5-40-5060.D and .E.3.
(5) Revisions to Article 36, Rule 4-36, sections 9 VAC 5-40-
5070.A., B. (citations only), (Former SIP section 120-04-3602.A., B.);
C. (revised definitions for ``Flexographic printing'', ``High-solids
ink or surface coating'', ``Low-solvent ink or surface coating'',
``Packaging rotogravure printing'', ``Printing'', ``Publication
rotogravure printing'', ``Waterborne ink or surface coating'' and added
definitions for ``Compliant ink or surface coating'', ``Cleaning
solutions'', ``Electrostatic duplication'', ``Letterpress printing'',
``Lithographic printing'', ``Non-compliant ink or surface coating'',
``Printing Line'', ``Surface coating'' and ``Web''; deletion of ``Roll
printing'') (Former SIP section 120-04-3602.C.).
(6) Revisions to Article 36, Rule 4-36, Sections 9 VAC 5-40-5080.A.
(Former SIP section 120-04-3603.A.); Addition of Section 9 VAC 5-40-
5080.B.; Deletion of SIP Sections 120-04-3603.B., C.; Revisions to
Sections 9 VAC 5-40-5130.A., B. (Former SIP sections 120-04-3609.A.,
B.); Addition of Sections 9 VAC 5-40-5130.C., D., E.; Revisions to
Section 9 VAC 5-40-5140.A. (Former SIP section 120-04-3610.A.);
Addition of Section 9 VAC 5-40-5140.B.; Revisions to Sections 9 VAC 5-
40-5190 (Former SIP Section 120-04-3615)--Introductory paragraph and
paragraphs 5-40-5190.1 through .5 are revised, while paragraph 5-40-
5190.6 is added.
(7) Revised citations of Article 36, Rule 4-36, Sections 9 VAC 5-
40-5090, 5-40-5100, 5-40-5150, 5-40-5160, 5-40-5170 and 5-40-5180 (SIP
Sections 120-04-3605, 120-04-3606, 120-04-3611, 120-04-3612, 120-04-
3613, and 120-04-3614 respectively).
(8) Addition of Article 45, ``Emission Standards for Lithographic
Printing Processes'' (Rule 4-45), Sections 9 VAC 5-40-7800 through 9
VAC 5-40-7850 inclusive; Sections 9 VAC 5-40-7880 through 9 VAC 5-40-
7940 inclusive.
(9) Revisions to Appendix S (``Air Quality Program Policies and
Procedures''), sections I.D and II.C.
(10) Revisions to AQP-3 ``Procedures For the Measurement of Capture
Efficiency For Determining Compliance With Volatile Organic Compound
Emission Standards Covering Surface Coating Operations and Graphic Arts
Printing Processes (Flexographic, Packaging Rotogravure, and
Publication Rotogravure Printing Lines)''.
(ii) Additional material.
(A) Remainder of April 22, 1996 Commonwealth submittal pertaining
to regulations 4-4, 4-36, 4-45 and Appendix S.
(114) Revisions to the Virginia State Implementation Plan submitted
April 26, 1996 by the Virginia Department of Environmental Quality.
(i) Incorporation by reference.
(A) Letter of April 26, 1996 from the Virginia Department of
Environmental Quality transmitting revisions to Virginia's State
Implementation Plan.
(B) Revisions to the following Virginia regulation adopted by the
Virginia State Air Pollution Control Board on December 19, 1995 and
effective April 1, 1996:
(1) Revisions to Article 40, Rule 4-40 ``Emission Standards for
Open Burning'' [former Part IV, Rule 4-40], Sections 9 VAC 5-40-
5600.A.(all revisions) and B. (citation only) (Former SIP Sections 12-
04-4001.A. and .B.) Addition of Section 9 VAC 5-40-5600.C.
(2) Revisions to Article 40, Rule 4-40, Sections 9 VAC 5-40-
5610.A.and B. (citations only) (Former SIP Sections 120-04-4002.A. and
B.); revised citation for the definitions ``refuse'' and ``household
refuse'' in Section 5-40-5610.C. (Former SIP Section 120-04-4002.C.),
added definitions in Section 5-40-5610.C for ``Clean burning waste'',
``Landfill'', ``Local landfill'', ``Sanitary landfill'' and ``Special
incineration device''.
(3) Addition of Sections 9 VAC 5-40-5620 (Open Burning
Prohibitions), 9 VAC 5-40-5630 (Permissible Open Burning), and 9 VAC 5-
40-5640 (Waivers).
(4) Revisions to Appendix D (Forest Management and Agricultural
Practices), Sections II (introductory sentence), II.E. and III.F.
(ii) Additional material.
(A) Remainder of April 22, 1996 Commonwealth submittal pertaining
to regulation 4-40.
[FR Doc. 97-6079 Filed 3-11-97; 8:45 am]
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