[Federal Register Volume 62, Number 139 (Monday, July 21, 1997)]
[Rules and Regulations]
[Pages 38912-38915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19098]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VA040-5017 & VA009-5017; FRL-5846-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia: Approval of Group III SIP and Coke Oven Rules for Particulate 
Matter

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. Approval of Virginia's Group 
III SIP establishes an ambient air quality standard for particulate 
matter smaller than 10 micrometers in diameter (PM-10); provides 
regulatory definitions for ``particulate matter,'' ``particulate matter 
emissions,'' ``PM10,'' ``PM10 emissions,'' and ``total suspended 
particulate matter'' (TSP); and modifies rules regarding air pollution 
episodes to include PM-10 as well as TSP action levels. Approval of the 
coke oven provisions provides for limits on mass emissions, opacity, 
and fugitive dust from nonrecovery coke works. This action is a result 
of existing particulate matter planning requirements and is not related 
to current EPA rulemaking regarding proposed revisions to National 
Ambient Air Quality Standards (NAAQS) for particulate matter. There are 
no PM-10 nonattainment areas in the Commonwealth of Virginia. This 
action is being taken under section 110 of the Clean Air Act.

DATES: This action is effective September 19, 1997 unless within August 
20, 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 Makeba A. Morris, Chief, Technical

[[Page 38913]]

Assessment Section, Mailcode 3AT22, 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; 
the Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, 401 M Street, SW, Washington, DC 20460; and the 
Virginia Department of Environmental Quality, 629 East Main Street, 
Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Thomas A. Casey, (215) 566-2194, at 
the EPA Region III address above (Mailcode 3AT22) or via e-mail at 
[email protected]. While information may be requested via e-
mail, comments must be submitted in writing to the EPA Region III 
address above.

SUPPLEMENTARY INFORMATION:

I. Group III PM-10 Provisions

    On July 1, 1987, EPA promulgated National Ambient Air Quality 
Standards (NAAQS) for PM-10 (52 FR 24634). These standards replaced 
those promulgated for total suspended particulate (TSP) in 1971. On 
that day, EPA also promulgated, in 40 CFR parts 51 and 52, and 
elsewhere, policies and regulations by which it would implement the PM-
10 NAAQS.
    Recognizing that it would be unreasonable to require full 
attainment demonstrations in all areas, EPA classified areas of the 
country in groups based on the probability that each area would 
maintain the new PM-10 standard. State planning requirements were 
different for each group classification, but all states were required 
to fulfill the Group III requirements, which included: the adoption of 
ambient air quality standards for PM-10; the adoption of the definition 
for PM-10 emissions; the adoption of the reference method for the 
measurement of PM-10 in ambient air; the inclusion of PM-10 values in 
the episode plan; and the revision of PSD permitting rules to include 
PM-10 in the definitions of major source or facility, major 
modification, and significant air quality impact.
    On June 15, 1989, the Commonwealth of Virginia submitted to EPA a 
SIP to satisfy the Group III PM-10 requirements described above. 
Although the submittal pre-dates the current 40 CFR part 51 Appendix V 
criteria for submittal completeness, the submittal was consistent with 
the Act's procedural requirements for developing implementation plans 
and plan revisions for submission to EPA.
    The plan revisions include ambient air quality standards (Sec. 120-
03-06); regulatory definitions for ``particulate matter,'' 
``particulate matter emissions,'' ``PM10,'' ``PM10 emissions,'' and 
``total suspended particulate matter'' (Sec. 120-01-02); revisions to 
rules regarding air pollution episodes to include PM-10 as well as TSP 
(Sec. 120-07-04); and revisions to permitting rules to provide for the 
review of applications with respect to PM-10 (Sec. 120-08-02). 
Virginia's rules do not include a monitoring method for PM-10 because 
rules they directly reference the EPA method. Similarly, Virginia 
submitted PSD-related provisions for informational purposes only. 
Virginia has been delegated the authority to implement the federal, 
Part 51 PSD program.1 Therefore, there is no need for 
Virginia to revise its SIP to meet any PSD-related 
requirement.2
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    \1\ The delegation is codified at 40 CFR 52.2451.
    \2\ In 1992 and 1993, Virginia submitted a complete PSD program 
to EPA for incorporation into the SIP. (EPA proposed conditional 
approval of this submittal on January 24, 1996. See 61 FR 1880.) 
Final action on these submittals is expected in 1997.
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II. Coke Oven Provisions

    On September 6, 1979, the Commonwealth of Virginia submitted to 
EPA, among other things, revisions to Rule 4-9, ``Emission Standards 
for Coke Ovens.'' These revisions to Rule 4-9 described this rule's 
applicability to horizontal slot and slot-flue non-recovery coke ovens 
(4.90); defined charging, coking, pushing, and quenching (4.91); and 
provided mass emissions limits for coking, charging, and pushing; 
established unit-wide visible emission limits, and a ``state-of-the-art 
engineering design'' requirement for quench towers at affected slot-
flue (4.92) and slot (4.93) non-recovery ovens, including the 
following:
    (a) A limit of 0.15 lb (particulate)/hour/ton of coal (as charged) 
for horizontal slot, sole flue, nonrecovery ovens from coking, 
charging, and pushing;
    (B) A limit of 0.13 lb (particulate)/hour/ton of coal (as charged) 
for horizontal slot, nonrecovery ovens from coking, charging, and 
pushing;
    (c) The application of Virginia's generic visible emissions (VE) 
requirement at coke works, which prohibit emissions with opacity 
greater than 20 per cent, except during one six minute period per hour, 
which are limited to 60 per cent;
    (d) A limit of an average of 20 per cent VE from the coke side 
enclosure averaged during each push; and
    (e) An average of 20 per cent VE during charging.
    EPA approved the applicability and definitions portions of this 
rule on January 19, 1982, but took no action on Rule 4.92 or Rule 4.93, 
except to approve the quench tower provisions. In the Federal Register 
notice for that final action (47 FR 2768), EPA indicated that it would 
take final action on these measures when Virginia submitted approvable 
methods for determining compliance. Virginia submitted test methods on 
December 27, 1982, which EPA approved on March 15, 1983 (48 FR 10833). 
In an administrative oversight, EPA neglected to take final action on 
the remaining provisions of Rule 4.92 and 4.93 at that time, as it 
indicated it would in the January 19, 1982 notice. EPA is taking action 
on Rule 4.92 and 4.93 today.
    Virginia Rule 120-04-0910A states that ``Compliance with 
particulate standards . . . shall be determined by three or more 
emissions tests conducted at different times during the operation of 
the facility.'' EPA interprets this to mean that each test shall be 
performed during a different part in the coking cycle. The Commonwealth 
has concurred with this interpretation.

III. Final Action

    EPA is approving these SIP revisions without prior proposal because 
the Agency views them as noncontroversial 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 
September 19, 1997 unless, by August 20, 1997, adverse or critical 
comments are received.
    If EPA receives such comments on either action, the 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 either 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 September 19, 
1997.
    The Agency has reviewed this request for revision of the federally-
approved

[[Page 38914]]

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.
    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 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 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 promulgated approval action 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 must be filed in the United States Court 
of Appeals for the appropriate circuit by September 19, 1997. Filing a 
petition for reconsideration by the Administrator of these 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. EPA's action to approve these Group III and coke oven 
PM-10 requirements into the Virginia SIP may not be challenged later in 
proceedings to enforce these requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter.

    Dated: June 16, 1997.
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 52.2420 is amended by adding paragraphs (c)(115) and 
(c)(116) to read as follows:


Sec. 52.2420  Identification of plan.

* * * * *
    (c) * * *
    (115) Revisions to Virginia's regulations to fulfill Group III PM-
10 requirements, submitted on June 15, 1989, by the Virginia Department 
of Environmental Quality:
    (i) Incorporation by reference.
    (A) Letter of June 15, 1989 from the Virginia Department of 
Environmental Quality transmitting Virginia's Group III PM-10 SIP 
revisions to EPA.
    (B) ``Group III'' PM-10 plan revisions (effective July 1, 1988).
    (1) Virginia rule 120-01-02, which provides regulatory definitions 
for ``particulate matter,'' particulate matter emissions,'' ``PM10,'' 
``PM10 emissions,'' and ``total suspended particulate matter'';
    (2) Virginia rule 120-03-06, which provides an ambient air quality 
standard for PM-10;
    (3) Virginia rule 120-07-04, which revises rules regarding air 
pollution episodes to include PM-10 as well as TSP; and
    (4) Virginia rule 120-0802, which revise permitting rules to 
provide for the review of proposed permits with respect to PM-10.
    (ii) Additional material.
    (A) Remainder of Virginia's June 15, 1989 submittal.
    (116) Revisions to Virginia's coke oven regulations submitted 
September 6, 1979 as revised February 14, 1985.
    (i) Incorporation by reference.
    (A) Letters of September 6, 1979 and February 14, 1985 from the 
Virginia

[[Page 38915]]

Department of Environmental Quality transmitting regulations limiting 
particulate matter emissions from coke oven batteries.
    (B) Revisions to Virginia Department of Environmental Quality Rule 
4-9 limiting particulate emissions from coke oven batteries (effective 
March 3, 1979; January 1, 1985):
    (1) Virginia rules 120-04-0903A and 120-04-0903B, which provide 
mass emission limits from coking, charging, and pushing operations;
    (2) Virginia rule 120-04-0905, which provides a standard for 
visible emissions;
    (3) Virginia rule 120-04-0906, which provides a standard for 
fugitive dust and other fugitive emissions;
    (4) Virginia rule 120-04-0910A, which specifies the timing in the 
coking cycle of multiple tests pursuant 120-04-0903; and
    (5) Virginia rule 120-04-0910B.2 which specifies the certification 
and testing methods for Virginia Rule 120-04-0905.
    (ii) Additional material.
    (A) Remainder of Virginia's September 6, 1979 submittal related 
emission limits for coke oven batteries.
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[FR Doc. 97-19098 Filed 7-18-97; 8:45 am]
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