[Federal Register Volume 69, Number 174 (Thursday, September 9, 2004)]
[Rules and Regulations]
[Pages 54578-54581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20130]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VA156-5082a; FRL-7809-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; NOX RACT Determinations for Prince William County 
Landfill

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Virginia State Implementation Plan (SIP). The revision consists of a 
reasonably available control technology (RACT) determination, contained 
in an operating permit for the control of nitrogen oxides 
(NOX) from Prince William County Landfill, Registration No. 
72340, located in Prince William County, Virginia. EPA is approving

[[Page 54579]]

these revisions in accordance with the requirements of the Clean Air 
Act.

DATES: This rule is effective on November 8, 2004, without further 
notice, unless EPA receives adverse written comment by October 12, 
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 VA156-5082 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: [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. VA156-5082. 
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 Web site 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; and Commonwealth of Virginia, 
Department of Environmental Quality, 629 East Main Street, Richmond, 
Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Betty Harris, (215) 814-2168, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On April 23, 2004, the Commonwealth of Virginia submitted a formal 
revision to its State Implementation Plan (SIP). The SIP revision 
consists of a RACT determination, contained in a permit to operate, for 
the control of NOX from Prince William County Landfill, 
Registration No. 72340, located in Prince William County, Virginia.

II. Summary of SIP Revision

Prince William County Landfill, Registration No. 72340

    Prince William County Landfill, located in Prince William County, 
Virginia operates a municipal solid waste landfill. The Virginia 
Department of Environmental Quality (VADEQ) submitted a permit to 
operate for the landfill. This permit implements RACT requirements for 
the following: (a) Two (2) Caterpillar Model 3516 Inter-cooled Turbo-
Charged Lean Burn Engines with Air-to-Fuel Controllers, each rated at 
1340 BHp and (b) One (1) LFG Specialties Model EF8.545I10 Enclosed 
Flare rated at 2000 scfm. The landfill equipment shall be constructed 
so as to allow for emissions testing upon reasonable notice at any 
time, using appropriate methods. Test ports shall be provided when 
requested in accordance with the applicable performance specification 
in 40 CFR part 60, Appendix A.

Emission Controls

    Emissions of NOX from the two Caterpillar engines shall 
be controlled through the use of spark-ignited, inter-cooled, turbo-
charged lean burn internal combustion engines with automatic air to 
fuel ratio control. Emissions of NOX from the LFG 
Specialties enclosed flare shall be controlled by maintaining a 
retention time of at least 0.6 seconds, a minimum temperature of 1400 
[deg]F, auto combustion air control, automatic shutoff gas valve, and 
automatic re-start system. All control devices shall be provided with 
adequate access for inspection and shall be in operation when the 
engines and flare are operating.

Monitoring Devices

    The Caterpillar engines shall be equipped with a device to 
continuously measure and record the temperature in the exhaust 
manifold. The enclosed flare shall be equipped with a device to 
continuously measure and record the combustion temperature in the 
flare. Each monitoring device shall be installed, maintained, 
calibrated and operated in accordance with approved procedures which 
shall include, as a minimum, the manufacturer's written requirements or 
recommendations. Each monitoring device shall be provided with adequate 
access for inspection and shall be in operation when the engines and/or 
the enclosed flare are operating.

Emission Limits

    NOX emissions from the operation of each of the two 
Caterpillar engines shall not exceed 1.2 g/Bhp-hr. NOX 
emissions from the operation of the LFG Specialties enclosed flare 
shall not exceed 0.06 lb/MMBtu.

Compliance Demonstration

    Initial performance tests shall be conducted for NOX on 
each of the Caterpillar engines and the enclosed flare to determine 
compliance with the emission limits. The facility shall demonstrate 
compliance by November 1, 2005. Tests shall be conducted and reported 
and data reduced as set forth in 9 VAC 5-50-30, and the test methods 
and procedures contained in each applicable section or subpart listed 
in 9 VAC 5-50-410.

On Site Records

    The landfill shall maintain records of emission data and operating 
parameters as necessary to demonstrate compliance with this permit. 
These records shall include, but not limited to: (a) The total amount 
of NO2, emitted from the facility, calculated monthly as the 
sum of each consecutive 12 month period, (b) annual throughput of 
landfill gas to the engines and the flare, calculated monthly as the 
sum of each consecutive 12 month period, (c) monthly hours of operation 
and maintenance performed upon each of the engines and the flare, (d) 
the manufacturer's documentation for the operation, maintenance and 
specifications as required. These records shall be available for 
inspection by VADEQ and shall be current for the most recent 5 years.

[[Page 54580]]

III. EPA's Evaluation of the SIP Revisions

    EPA is approving this SIP submittal because the Commonwealth 
established and imposed requirements in accordance with the criteria 
set forth in SIP-approved regulations for imposing RACT. The 
Commonwealth has also imposed recordkeeping, monitoring, and testing 
requirements on these sources sufficient to determine compliance with 
these requirements.

IV. General Information Pertaining to SIP Submittals From the 
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to 
certain conditions, for an environmental assessment (audit) 
``privilege'' for voluntary compliance evaluations performed by a 
regulated entity. The legislation further addresses the relative burden 
of proof for parties either asserting the privilege or seeking 
disclosure of documents for which the privilege is claimed. Virginia's 
legislation also provides, subject to certain conditions, for a penalty 
waiver for violations of environmental laws when a regulated entity 
discovers such violations pursuant to a voluntary compliance evaluation 
and voluntarily discloses such violations to the Commonwealth and takes 
prompt and appropriate measures to remedy the violations. Virginia's 
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and 
information about the content of those documents that are the product 
of a voluntary environmental assessment. The Privilege Law does not 
extend to documents or information: (1) That are generated or developed 
before the commencement of a voluntary environmental assessment; (2) 
that are prepared independently of the assessment process; (3) that 
demonstrate a clear, imminent and substantial danger to the public 
health or environment; or (4) that are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the 
Attorney General provided a legal opinion that states that the 
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege 
to documents and information ``required by law,'' including documents 
and information ``required by Federal law to maintain program 
delegation, authorization or approval,'' since Virginia must ``enforce 
Federally authorized environmental programs in a manner that is no less 
stringent than their Federal counterparts. * * *'' The opinion 
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or 
other information needed for civil or criminal enforcement under one of 
these programs could not be privileged because such documents and 
information are essential to pursuing enforcement in a manner required 
by Federal law to maintain program delegation, authorization or 
approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that 
``[t]o the extent consistent with requirements imposed by Federal 
law,'' any person making a voluntary disclosure of information to a 
State agency regarding a violation of an environmental statute, 
regulation, permit, or administrative order is granted immunity from 
administrative or civil penalty. The Attorney General's January 12, 
1998 opinion states that the quoted language renders this statute 
inapplicable to enforcement of any federally authorized programs, since 
``no immunity could be afforded from administrative, civil, or criminal 
penalties because granting such immunity would not be consistent with 
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and 
Immunity statutes will not preclude the Commonwealth from enforcing its 
program consistent with the Federal requirements. In any event, because 
EPA has also determined that a state audit privilege and immunity law 
can affect only State enforcement and cannot have any impact on Federal 
enforcement authorities, EPA may at any time invoke its authority under 
the Clean Air Act, including, for example, sections 113, 167, 205, 211 
or 213, to enforce the requirements or prohibitions of the State plan, 
independently of any State enforcement effort. In addition, citizen 
enforcement under section 304 of the Clean Air Act is likewise 
unaffected by this, or any, State audit privilege or immunity law.

V. Final Action

    EPA is approving revisions to the Commonwealth of Virginia's SIP 
which establish and require NOX RACT for Prince William 
County Landfill. EPA is publishing this rule without prior proposal 
because the Agency views this as a noncontroversial amendment and 
anticipates 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 November 8, 
2004, without further notice unless EPA receives adverse comment by 
October 12, 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 second comment period on this action. Any parties 
interested in commenting must do so at this time.

VI. 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 (Pub. L. 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

[[Page 54581]]

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 Prince William County Landfill located in 
Prince William County, 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 November 8, 2004. 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, Nitrogen dioxide, 
Ozone, Reporting and recordkeeping requirements.

    Dated: August 26, 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 VV--Virginia

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2. Section 52.2420, the table in paragraph (d) is amended by adding the 
entry for Prince William County Landfill at the end of the table to 
read as follows:


Sec.  52.2420  Identification of plan.

* * * * *
    (d) * * *

                               EPA-Approved Virginia Source-Specific Requirements
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                                                           State
           Source name               Permit/order or     effective    EPA approval date       40 CFR part 52
                                   registration number      date                                 citation
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                                                  * * * * * * *
Prince William County Landfill...  Registration No.        04/16/04  [Insert Federal      52.2420(d).
                                    72340.                            Register page
                                                                      number where the
                                                                      document begins],
                                                                      09/09/04.
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[FR Doc. 04-20130 Filed 9-8-04; 8:45 am]
BILLING CODE 6560-50-P