[Federal Register Volume 64, Number 212 (Wednesday, November 3, 1999)]
[Rules and Regulations]
[Pages 59635-59638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27675]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VA 097-5041; FRL-6459-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Control of VOC Emissions From Solvent Metal Cleaning 
Operations

AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.

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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions 
submitted by the Commonwealth of Virginia. The revisions pertain to and 
clarify the Commonwealth's regulation to control of volatile organic 
compound (VOC) emissions from solvent metal cleaning operations using 
non-halogenated solvents, and update another of its regulations to 
incorporate certain federal regulations by reference. The intended 
effect of this action is to approve the Commonwealth's request to 
approve these SIP revisions pertaining to solvent metal cleaning 
operations.
DATES: This final rule is effective on December 20, 1999 without 
further notice, unless EPA receives adverse

[[Page 59636]]

comments by December 3, 1999. If EPA receives adverse comments, we will 
publish a timely withdrawal of the direct final rule in the Federal 
Register and inform the public that the rule will not take effect.
ADDRESSES: Written comments should be addressed to David Arnold, Chief, 
Ozone and Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103; 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, P.O. Box 10009, 629 East Main Street, 
Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT: Janice M. Lewis, (215) 814-2185, at 
EPA Region III address above or via e-mail at [email protected]. 
While information may be requested by e-mail, any comments must be 
submitted in writing to the EPA Region III address above.
SUPPLEMENTARY INFORMATION:

I. Background

    On April 22, 1996 the Virginia Department of Environmental Quality 
(VADEQ) submitted a revised version of Rule 4-24 (9 VAC 5-40-3260 et 
seq) Emission Standards for Solvent Metal Cleaning Operations Using 
Non-Halogenated Solvents as adopted on December 19, 1995, published in 
the Virginia Register of Regulations (Volume 12, Issue 11) on February 
19, 1996, and effective on April 1, 1996. The VADEQ originally adopted 
this regulation in 1979 to satisfy the Clean Air Act's (the Act's) 
requirement that states impose reasonably available control technology 
(RACT) requirements on sources of volatile organic compound (VOC) 
emissions located in ozone nonattainment areas. In accordance with the 
Act's requirements, this RACT regulation applies in the Virginia 
portion of the Metropolitan Washington DC ozone nonattainment area and 
also applies in the previously designated ozone nonattainment areas of 
Richmond and Hampton Roads which have been redesignated to attainment 
for the one-hour ozone ambient air quality standard. The redesignations 
do not alter the Act's requirements that RACT be imposed on sources of 
VOC located in the of the Richmond and Hampton Roads areas. On December 
19, 1995, Virginia adopted amendments to the regulation to update it to 
conform to recently issued EPA guidance, and on April 22, 1996 
submitted it to EPA for approval as SIP revision.
    On October 9, 1998, VADEQ submitted an amendment to the 9 VAC 5-40-
3260 Applicability and designation of affected facility portion of Rule 
4-24 (9 VAC 5-40-3260 et seq) Emission Standards for Solvent Metal 
Cleaning Operations Using Non-Halogenated Solvents. Although the title 
of the December 19, 1995 version of Rule 4-24 specifically referred to 
sources using non-halogenated solvents, the portion of the regulation 
entitled Applicability and designation of affected facility did not. 
Therefore, to clarify any potential for confusion, Virginia adopted a 
technical amendment to add language to the 9 VAC 5-40-3260 
Applicability and designation of affected facility portion of Rule 4-24 
to specify that it applies to facilities using non-halogenated 
solvents. This amendment was adopted on January 8, 1997, published in 
the Virginia Register of Regulations (Volume 13, Issue 14) on March 31, 
1997 and effective on April 1, 1997.
    EPA has determined that Rule 4-24 (9 VAC 5-40-3260 et seq) Emission 
Standards for Solvent Metal Cleaning Operations Using Non-Halogenated 
Solvents as originally submitted on April 22, 1996, and as revised by 
the October 9, 1998 submittal, meets all federal guidance for approval.
    As a separate matter, the Commonwealth's October 9, 1998 submittal 
also included requests that EPA approve revisions made to Rule 6-2 (9 
VAC 5-60-90 et seq) pertaining to the use of halogenated solvents as a 
source category subject to maximum available control technology (MACT) 
to control air toxics. For the Commonwealth to maintain its delegation 
of authority for the MACT standard, and to make this federal rule part 
of the SIP to establish RACT for halogenated solvent sources, Virginia 
adopted the relevant federal regulations found at 40 CFR Part 63.460 
through 40 CFR Part 63.469 by incorporating them by reference into Rule 
6-2 at 9 VAC 5-60-100, Subpart T. The Commonwealth also amended Rule 6-
2 at 9 VAC 5-60-90 to update its dated citation of the Code of Federal 
Regulations from which regulations have been incorporated by reference 
from the 1994 version to the 1996 version. EPA is approving both of 
these revisions.

II. Final Action

    EPA is approving the SIP revisions pertaining to solvent metal 
cleaning submitted by the VADEQ on April 22, 1996 and October 9, 1998.
    EPA is approving these SIP revisions without a prior proposal 
because the Agency views this as a noncontroversial amendment and 
anticipates no adverse comments. However, in the proposed rules section 
of this Federal Register publication, EPA is publishing a separated 
document that will serve as the proposal to approve the SIP revisions 
should adverse or critical comments be filed. This SIP revision will be 
effective December 20, 1999 without further notice unless the Agency 
receives adverse comments by December 3, 1999. If EPA receives such 
comments, then EPA will publish a document withdrawing the final action 
and informing the public that the action will not take effect. All 
public comments received will then be addressed in a subsequent final 
action based on the proposed rule. EPA will not institute a second 
comment period on the rule. 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 SIP revision will be effective on December 
20, 1999 and no further action will be taken on the proposed rule.

III. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from review under E.O. 12866, entitled ``Regulatory 
Planning and Review.''

B. Executive Orders on Federalism

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If EPA complies by consulting, E.O. requires EPA to 
provide to the Office of Management and Budget a description of the 
extent of EPA's prior consultation with representatives of affected 
state, local, and tribal governments, the nature of their concerns, 
copies of written communications from the governments, and a statement 
supporting the need to issue the regulation. In addition, E.O. 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of state, local, and tribal 
governments ``to

[[Page 59637]]

provide meaningful and timely input in the development of regulatory 
proposals containing significant unfunded mandates.'' Today's rule does 
not create a mandate on state, local or tribal governments. The rule 
does not impose any enforceable duties on these entities. Accordingly, 
the requirements of section 1(a) of E.O. 12875 do not apply to this 
rule. On August 4, 1999, President Clinton issued a new executive order 
on federalism, Executive Order 13132, [64 FR 43255 (August 10, 1999),] 
which will take effect on November 2, 1999. In the interim, the current 
Executive Order 12612, [52 FR 41685 (October 30, 1987),] on federalism 
still applies. This rule will not have a substantial direct effect on 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 12612. 
The rule affects only one State, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act.

C. Executive Order 13045

    E.O. 13045, entitled ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies 
to any rule that the EPA determines (1) is ``economically 
significant,'' as defined under E.O. 12866, and (2) the environmental 
health or safety risk addressed by the rule has a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency. This final rule is not subject 
to E.O. 13045 because it is not an economically significant regulatory 
action as defined by E.O. 12866, and it does not address an 
environmental health or safety risk that would have a disproportionate 
effect on children.

D. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If EPA complies by 
consulting, Executive Order 13084 requires EPA to provide to the Office 
of Management and Budget, in a separately identified section of the 
preamble to the rule, a description of the extent of EPA's prior 
consultation with representatives of affected tribal governments, a 
summary of the nature of their concerns, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 13084 
requires EPA to develop an effective process permitting elected and 
other representatives of Indian tribal governments ``to provide 
meaningful and timely input in the development of regulatory policies 
on matters that significantly or uniquely affect their communities.'' 
Today's rule does not significantly or uniquely affect the communities 
of Indian tribal governments. This action does not involve or impose 
any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because conditional approvals of 
SIP submittals under section 110 and subchapter I, part D of the CAA 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, I certify 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 Clean Air 
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).

F. 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 regulation that includes a Federal mandate that may result in 
estimated annual 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 does not include a federal 
mandate that may result in estimated annual 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.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

H. 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 
pertaining to solvent metal cleaning operations in the Commonwealth 
must be filed in the United States Court of Appeals for the appropriate 
circuit by January 3, 2000. 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 to approve revisions to the Virginia SIP pertaining to solvent 
metal cleaning operations may not be challenged later

[[Page 59638]]

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: September 30, 1999.
Thomas C. Voltaggio,
Acting 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 et seq.

Subpart VV--Virginia

    2. Section 52.2420 is amended by adding paragraph (c)(130) to read 
as follows:


Sec. 52.2420  Identification of plan.

* * * * *
    (c) * * *
    (130) Revisions to the State Implementation Plan submitted on April 
22, 1996 and October 9, 1998 by the Virginia Department of 
Environmental Quality regarding regulations for reasonably available 
control technology requirements to control volatile organic compound 
emissions from solvent metal cleaning operations using non-halogenated 
solvents.
    (i) Incorporation by reference.
    (A) The letters dated April 22, 1996 and October 9, 1998 from the 
Virginia Department of Environmental Quality transmitting revisions to 
the Virginia State Implementation Plan pertaining to Rule 4-24 (9 VAC 
5-40-3260 et seq.) of 9 VAC 5 Chapter 40.
    (B) The amended version of Rule 4-24 (9 VAC 5-40-3260 et seq.) 
Emission Standards for Solvent Metal Cleaning Operations Using 
Nonhalogenated Solvents as adopted on December 19, 1995, published in 
the Virginia Register of Regulations (Volume 12, Issue 11) on February 
19, 1996, and effective on April 1, 1997.
    (C) Amendments to 9 VAC 5-40-3260 Applicability and designation of 
affected facility of Rule 4-24 (9 VAC 5-40-3260 et seq.) Emission 
Standards for Solvent Metal Cleaning Operations Using Non-Halogenated 
Solvents adopted on January 8, 1997, published in the Virginia Register 
of Regulations (Volume 13, Issue 14) on March 31, 1997 and effective on 
April 1, 1997.
    (ii) Additional Materials--The remainders of the April 22, 1996 and 
October 1998 submittals which pertain to Rule 4-24 (9 VAC 5-40-3260 et 
seq.) Emission Standards for Solvent Metal Cleaning Operations Using 
Non-Halogenated Solvents.
    3. Section 52.2423 is amended by adding paragraph (q) to read as 
follows:


Sec. 52.2423  Approval status.

* * * * *
    (q) EPA approves as part of the Virginia State Implementation Plan 
the following revisions to the Virginia Regulations for the Control and 
Abatement of Pollution submitted by the Virginia Department of 
Environmental Quality on October 9, 1998:
    (1) Subpart T of 9 VAC 5-60-100 Designated emission standards of 
Rule 6-2 (9 VAC 5-60-90 et seq.) of 9 VAC 5 Chapter 60 amended to adopt 
40 CFR 63.460 through 63.469 by reference. This amendment was adopted 
on January 8, 1997, published in the Virginia Register of Regulations 
on March 31, 1997 and effective on May 1, 1997.
    (2) Revised date reference to 40 CFR part 63 (July 1, 1996) 
contained in 9 VAC 5-60-90 (General), as it pertains to the documents 
listed in 9 VAC 5-60-100, Subpart T.

[FR Doc. 99-27675 Filed 11-2-99; 8:45 am]
BILLING CODE 6560-50-P