[Federal Register Volume 62, Number 48 (Wednesday, March 12, 1997)]
[Rules and Regulations]
[Pages 11332-11333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6080]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[VA021-5015; FRL-5697-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Rule Pertaining to VOC RACT Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: 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 reasonably available control technology (RACT) 
requirements for major stationary sources of volatile organic compounds 
(VOCs) located in the Richmond moderate ozone nonattainment area and 
the Northern Virginia portion of the Metropolitan Washington D.C. 
serious ozone nonattainment area. 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.

EFFECTIVE DATE: This final rule is effective on April 11, 1997.

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; 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: Kristeen Gaffney, (215) 566-2092.

SUPPLEMENTARY INFORMATION:

I. Background Information

    A formal SIP revision was submitted by Virginia on November 6, 1992 
amending its VOC RACT regulation applicable to non-CTG sources. Non-CTG 
sources are those major stationary sources or categories of stationary 
sources of VOC that are not otherwise subject to RACT by a SIP-approved 
regulation developed pursuant to a control technique guideline (CTG) 
document.
    On September 27, 1995, EPA published a direct final approval of the 
SIP revision (60 FR 49767). The intended effect of this action was to 
approve the amendments Virginia submitted for its major source VOC RACT 
requirements because those amendments strengthened the SIP and 
satisfied the ``RACT Catch-Up'' requirements of section 182 (a)(2)(A) 
of the Clean Air Act (the Act). EPA issued the direct final rulemaking 
without prior proposal because the Agency viewed it as noncontroversial 
and anticipated no adverse public comments. The final approval was 
published in the Federal Register with a provision for a 30 day comment 
period (60 FR 49767). Concurrently, a notice of proposed rulemaking 
(NPR) pertaining to the same amendments to Virginia's VOC RACT 
requirements was also published in the Federal Register on September 
27, 1995 (60 FR 49813). EPA announced that the final rule would convert 
to a proposed rule in the event that adverse comments were submitted to 
EPA within 30 days of publication of the final rule. Since EPA received 
one adverse comment regarding the direct final rule during the 
prescribed comment period, the final rule converted to a proposal, and 
on December 8, 1995 (60 FR 62990), EPA withdrew its otherwise effective 
date.
    Today's final rulemaking action addresses the comment received 
during the public comment period and announces EPA's final action on 
this SIP revision. Other specific requirements of VOC RACT ``Catch-
Ups'' and the rationale for EPA's action were explained in the 
rulemaking notices published on September 27, 1995 and will not be 
restated here.

II. Public Comment and EPA's Response

    One letter of comment was submitted on the action taken by EPA on 
September 27, 1995. The letter was submitted on behalf of the Bear 
Island Paper Company on October 26, 1995. The following discussion 
summarizes and responds to the comments received.
    Comment: The commenter stated that EPA should not approve the 
revision to Virginia's SIP because the regulation does not address 
circumstances where, despite the best efforts of Virginia and the 
subject source, the compliance deadline cannot be met because an 
appropriate RACT level cannot be determined within a timely fashion. 
The commenter suggests that the SIP revision be rewritten to set forth 
a new compliance deadline or, alternatively, set forth a mechanism for 
establishing a new deadline. The commenter argues that these provisions 
are warranted because EPA has not issued the relevant guidance 
documents required by section 183 of the CAA. The commenter asserts 
that Virginia has not been able to rely on EPA guidance in determining 
RACT for many sources.
    EPA Response: EPA disagrees with the commenter's remarks. The 
Commonwealth of Virginia chose the appropriate deadline of May 31, 
1995, for compliance of all Non-CTG sources subject to RACT. The May 
31, 1995 deadline for compliance with RACT was established in the CAA 
section 182(b)(2). Section 182(b)(2) requires states to submit SIP 
revisions requiring RACT on major stationary sources of VOCs that 
``provide for the implementation of the required measures as 
expeditiously as practicable but no later than May 31, 1995.'' Sources 
wishing to receive an extension of the RACT compliance deadline have 
the ability to request a compliance date extension from the 
Commonwealth of Virginia. In those instances where a source can clearly 
demonstrate the need for a compliance date extension from a SIP 
regulation's deadline, and the Commonwealth of Virginia determines such 
a compliance date extension is justifiable, the Commonwealth may

[[Page 11333]]

request a approval of a source-specific SIP revision.

III. Final Action

    EPA is approving the revisions to Virginia rule Sec. 120-04-0407 
``Standard for Volatile Organic Compounds'' submitted on November 6, 
1992 as a revision to the Virginia SIP.
    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.

IV. 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 5 
U.S.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 
VOC control requirements 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 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, Ozone.

    Dated: February 25, 1997.
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 paragraphs (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 adopted by the 
Virginia State Air Pollution Control Board on October 30, 1992 and 
effective on January 1, 1993.
    (B) Revisions to Sec. 120-04-0407 (A), (B), and (C) that lower the 
applicability threshold for RACT to 50 tons per year in the Virginia 
portion of the Metropolitan Washington, D.C. serious ozone 
nonattainment area and add a RACT compliance date of May 31, 1995 for 
major VOC sources in the Richmond moderate ozone nonattainment area, 
and the Virginia portion of the Metropolitan Washington, D.C. 
nonattainment area, effective January 1, 1993.
    (ii) Additional material.
    (A) Remainder of State submittal pertaining to Sec. 120-04-0407.
* * * * *
[FR Doc. 97-6080 Filed 3-11-97; 8:45 am]
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