[Federal Register Volume 69, Number 82 (Wednesday, April 28, 2004)]
[Rules and Regulations]
[Pages 23110-23112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9580]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WV064-6033a; FRL-7652-6]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Revision to the State Implementation Plan Addressing 
Sulfur Dioxide in Marshall County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
West Virginia State Implementation Plan (SIP). The revision consists of 
a Consent Order for PPG Industries, Inc., which will continue to 
achieve and maintain the national ambient air quality standards (NAAQS) 
for sulfur dioxide (SO2) in Marshall County, West Virginia. 
EPA is approving this revision to incorporate the Consent Order into 
the federally approved SIP in accordance with the requirements of the 
Clean Air Act.

DATES: This rule is effective on June 28, 2004 without further notice, 
unless EPA receives adverse written comment by May 28, 2004. If EPA 
receives such comments, it 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: Submit your comments, identified by WV064-6033 by one of the 
following methods:
    A. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    B. E-mail: morris,[email protected]
    C. Mail: Makeba Morris, Chief, Air Quality Planning Branch, 
Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 
Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. WV064-6033. 
EPA's policy is that all comments received will be included in the 
public docket without change, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The federal regulations.gov website is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the public docket and 
made available on the Internet. If you submit an electronic comment, 
EPA recommends that you include your name and other contact information 
in the body of your comment and with any disk or CD-ROM you submit. If 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    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, 1301 
Constitution Avenue, NW, Room B108, Washington, DC 20460; and West 
Virginia Department of Environmental Protection, Division of Air 
Quality, 7012 MacCorkle Avenue, SE., Charleston, West Virginia 25304-
2943.

FOR FURTHER INFORMATION CONTACT: Ellen Wentworth, (215) 814-2034, or 
Denis Lohman, (215) 814-2192, or by e-mail at [email protected] 
or [email protected]

SUPPLEMENTARY INFORMATION:

I. Background

    On August 2, 2000 (65 FR 47339), EPA approved and promulgated a 
revision to the West Virginia SIP addressing SO2 in Marshall 
County, West Virginia. This SIP revision consisted of Consent Orders 
prescribing new SO2 emission limits and operating practices 
for three facilities in Marshall County, West Virginia. The facilities 
were PPG Industries (CO-SIP-2000-1), Bayer Corporation (CO-SIP-2000-2), 
and Columbian Chemicals Company (CO-SIP-2000-3). The changes to the 
emission limits were approved into the West Virginia SIP and are 
federally enforceable. These changes in emission rates were necessary 
as a result of these sources being modeled as ``nearby background 
sources'' in the preliminary modeling of the Kammer power plant in 
Marshall County. The preliminary modeling indicated that these sources, 
at their existing allowable emission rates, were substantial 
contributors to modeled predicted violations of the NAAQS for 
SO2. The West Virginia Department of Environmental 
Protection (WVDEP) initiated action to complete a refined modeling 
analysis and determine appropriate emission limits for these sources 
and others in and near to Marshall County. With the emission limits and 
work practice requirements being approved for these three facilities, 
and the existing SIP-approved emission rates for the other sources 
modeled, the refined modeling results predict worst-case concentrations 
for the 3-hour, 24-hour, and annual averaging periods of 1294 
micrograms per cubic meter of air ([mu]g/m\3\) for the secondary 3-
hour, 352 [mu]g/m\3\ for the primary 24-hour standard, and 62 [mu]g/
m\3\ for the primary annual standard, respectively. Approval of the 
August 2, 2000 SIP revision, incorporating the provisions of CO-SIP-
2000-1, (65 FR 47339) ensured that all ambient concentrations were 
below the applicable SO2 NAAQS of 1300 [mu]g/m\3\, 365 
[mu]g/m\3\, and 80 [mu]g/m\3\, respectively. For more detailed 
information on the modeling for the SIP revision of August 2, 2000, 
please see the technical support document (TSD) prepared for that 
rulemaking.
    In September 2001, PPG requested an extension of the compliance 
date (June 1, 2002) contained in CO-SIP-2000-1 for raising the height 
of three (3) emissions points. These emission points included Process 
 036, the Sulfur Recovery Unit; Process  016, the 
CS2 Flare; and Process  004, the Inorganics Flare. 
The request for an extension of the compliance date for these emission 
points was incorporated into a Consent Order, CO-SIP-C-2001-35A (2000), 
which amended CO-SIP-2000-1, and provided for an extension until 
September 1, 2003 for raising the heights of Process  004, the 
Inorganics Flare; Process  036, the CS2 Sulfur 
Recovery Unit; and Process  016, the CS2 Flare to 
heights of sixty-five (65) meters above grade. All other provisions and 
requirements of CO-SIP-2000-1 remained in effect. This Consent Order 
was approved by the WVDEP on

[[Page 23111]]

November 21, 2001. A SIP revision was drafted and a public hearing was 
held on June 13, 2002. However, before the WVDEP submitted this revised 
Consent Order to EPA as a formal SIP revision, PPG notified the WVDEP 
that due to a process change at the facility, certain stack extensions 
would no longer be necessary to in order to demonstrate modeled 
attainment of the SO2 NAAQS.
    In September 2002, PPG Industries requested the approval of a plan 
for demonstrating attainment of the NAAQS for SO2 whereby 
the height of Process  004, the Inorganics Flare, would remain 
at its existing height with an allowable emission rate of 91.3 lbs/hr 
of SO2 , Process  036, the CS2 Sulfur 
Recovery Unit, would remain at its existing height and would have an 
allowable emission rate of 300 lbs/hr of SO2, and Process 
 016, the CS2 Flare would remain at its existing 
height and would have an allowable emission rate of 6.0 lbs/hr. 
Previously, the emission rate of the CS2 Flare used for 
modeling had been 1011.6 lbs/hr SO2. This plan was able to 
demonstrate attainment of the NAAQS for SO2 because of a 
process change made in the CS2 Department during the second 
quarter of 2002, whereby emissions of SO2 that were 
originally sent to the CS2 Flare (with an emission rate of 
1011.6 lbs/hr) would now be recovered in the CS2 Sulfur 
Recovery Unit.
    The WVDEP advised PPG Industries that acceptable modeling, (using 
the same model input files used in the original attainment 
demonstration approved by EPA as a SIP revisions in August, 2000), 
incorporating the changes noted in the plan request of September 2002, 
would have to be submitted to the WVDEP for review. In December 2002, 
PPG submitted an air dispersion modeling demonstration to WVDEP with 
the proposed requested changes. The WVDEP reviewed PPG's submittal, and 
found that with the requested changes to the Consent Order, the 
modeling continued to demonstrate attainment of all of the NAAQS for 
SO2.

II. Summary of SIP Revision

    On November 17, 2003, the WVDEP submitted a formal revision to its 
SIP to EPA. The SIP revision consists of a Consent Order CO-SIP-2003-
27, for prescribing SO2 emission limits and operating 
practices for PPG Industries, Inc., located in Marshall County, West 
Virginia. This SIP revision provides for the attainment of the three 
(3) hour, twenty-four (24) hour and annual SO2 NAAQS in, and 
around Marshall County, West Virginia. The purpose of this revision is 
to approve and incorporate CO-SIP-2003-27, entered into between the 
WVDEP and PPG Industries, Inc., located in Marshall County, West 
Virginia into the SIP.

A. Description of the Consent Order for PPG

    Listed below are the essential compliance provisions of CO-SIP-
2003-27. The Consent Order also contains generic provisions requiring 
compliance with 45CSR10, as well as good air pollution control 
practices.
CO-SIP-2003-27--PPG Industries, Inc.
    Effective July 29, 2003
    a. Emissions of SO2 from Process 004, the 
Inorganics Flare, shall not exceed 91.3 lbs SO2 /hour as 
averaged over a three-hour period.
    b. Process 014, the CS2 Vaporizer A, Process 
015, the CS2 Vaporizer B, Process 018, the 
Molten Salt Furnace, and Process 019, Chlorine Recovery shall 
be fired only with natural gas.
    c. Emissions of SO2 from Process 016, the 
CS2 Flare, shall not exceed 6.0lbs/hr when averaged over a 
three-hour period. Emissions during the start-up and shutdown of the 
CS2 production unit will not be sent to Process 
016, the CS2 Flare. The operating department will 
direct these emissions during start-ups and shutdowns to the 
CS2 Sulfur Recovery Unit via piping and valves and the 
CS2 Sulfur Recovery Unit will be operated during this period 
of time in compliance with the emission limitation specified in 
paragraph (e) below.
    d. Emissions of sulfur dioxide from Process 017, the Raw 
Brine Flare, shall not exceed 11.65 lbs. SO2 /hour as 
averaged over a three-hour period.
    e. Emissions of SO2 from Process 036, the 
CS2 Sulfur Recovery Unit, shall not exceed 300 lbs. 
SO2/hour as averaged over a three-hour period.
    Gases exhausted from Process 004, the Inorganics Flare, 
Process 036, the CS2 Sulfur Recovery Unit, and 
Process 016, the CS2 Flare, shall be exhausted from 
stacks having heights of thirty and four tenths (30.4) meters above 
grade, and all exhaust gases from Process 017, the Raw Brine 
Flare, shall be exhausted from a stack having a height of forty (40) 
meters above grade. Any modifications to the stacks in existence on the 
date of this CO or replacement of those stacks shall comply with the 
provisions of 45 CSR20 ``Good Engineering Practice as Applicable to 
Stack Heights.''
    The modeling demonstration for this SIP revision request is derived 
from the demonstration for the Marshall County SIP revision approved on 
August 2, 2000 (65 FR 47339). The Marshall County demonstration used 
the CALPUFF \1\ dispersion model and included source specifications for 
the PPG Industries facility. This request is to modify the approved 
demonstration by changing the configuration of the PPG Industries 
facility. The PPG contribution to the original demonstration was 
removed and replaced with modified contributions from the new source 
specifications. The modified results also demonstrate attainment of the 
NAAQS for SO2.
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    \1\ At the time, CALPUFF was not listed as a preferred model in 
40 CFR part 51 Appendix W (Guideline on Air Quality Models). West 
Virginia obtained permission from EPA to use CALPUFF for the 
demonstration. Subsequently, on April 15, 2003 (68 FR 18440) 
Appendix W was revised to include CALPUFF as a preferred model.
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B. Maximum Predicted SO2 Impacts From the Modified 
Compliance Demonstration

------------------------------------------------------------------------
                                                   Model
                    Period                       prediction     NAAQS
------------------------------------------------------------------------
3-Hour........................................         1271         1300
24-Hour.......................................          353          365
Annual........................................           73           80
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    The modeling demonstration adequately shows that the NAAQS for 
SO2 are attained in the Marshall County area of West 
Virginia.

III. Final Action

    EPA is approving a revision to the West Virginia SIP submitted by 
the WVDEP on November 17, 2003. The revision consists of a Consent 
Order, CO-SIP-2003-27, for PPG Industries, Inc., located in Marshall 
County, West Virginia. The SIP revision is supported by a modeled 
demonstration that the NAAQS for SO2 in Marshall County 
shall continue to be attained and maintained.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment [as appropriate, insert language explaining why we 
anticipate no adverse comment]. However, in the ``Proposed Rules'' 
section of today's Federal Register, EPA is publishing a separate 
document that will serve as the proposal to approve the SIP revision if 
adverse comments are filed. This rule will be effective on June 28, 
2004 without further notice unless EPA receives adverse comment by May 
28, 2004. If EPA receives adverse comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. EPA will not 
institute a

[[Page 23112]]

second comment period on this action. Any parties interested in 
commenting must do so at this time.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not 
have tribal implications because it will not have a substantial direct 
effect on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes, 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
This action also does not have Federalism implications because it does 
not have substantial direct effects on the 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 13132 (64 FR 43255, August 10, 1999). 
This action merely approves a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This rule 
also is not subject to Executive Order 13045 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 
23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. 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. Section 804 exempts from section 801 the following types 
of rules: (1) Rules of particular applicability; (2) rules relating to 
agency management or personnel; and (3) rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required 
to submit a rule report regarding today's action under section 801 
because this is a rule of particular applicability establishing source-
specific requirements for PPG Industries, Inc., in Marshall County, 
West Virginia.

C. 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 June 28, 2004. Filing a 
petition for reconsideration by the Administrator of this final rule 
approving a Consent Order for PPG Industries, Inc., in Marshall County, 
West Virginia 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, Incorporation by 
reference, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: April 13, 2004.
Richard J. Kampf,
Acting Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart XX--West Virginia

0
2. Section 52.2520 is amended by adding paragraph(c)(58) to read as 
follows:


Sec.  52.2520  Identification of plan.

* * * * *
    (c) * * *
    (58) Revision to the West Virginia Regulations to achieve and 
maintain the sulfur dioxide national ambient air quality standards 
(NAAQS) in Marshall County consisting of Consent Order, CO-SIP-C-2003-
27 for PPG Industries, Inc., submitted on November 17, 2003, by the 
West Virginia Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of November 17, 2003, from the West Virginia Department 
of Environmental Protection transmitting a revision to the State 
Implementation Plan (SIP) to achieve and maintain the NAAQS for sulfur 
dioxide in Marshall County, West Virginia.
    (B) Consent Order, CO-SIP-C-2003-27, entered into by and between 
the West Virginia Department of Environmental Protection, Division of 
Air Quality, and PPG Industries, Inc., on July 29, 2003. The consent 
order was effective on July 29, 2003.
    (ii) Additional Material.--Remainder of the State submittal 
pertaining to the revision listed in paragraph (c)(58)(i) of this 
section.

[FR Doc. 04-9580 Filed 4-27-04; 8:45 am]
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