[Federal Register Volume 69, Number 193 (Wednesday, October 6, 2004)]
[Rules and Regulations]
[Pages 59812-59815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22360]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VA156-5084a; FRL-7824-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; NOX RACT Determinations for Washington Gas Company

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) for the control of 
nitrogen oxides (NOX) from Washington Gas Company, 
Ravensworth Station, Registration No. 72277, located in Fairfax County, 
Virginia. EPA is approving these revisions in accordance with the 
requirements of the Clean Air Act.

DATES: This rule is effective on December 6, 2004 without further 
notice, unless EPA receives adverse written comment by November 5, 
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 VA156-5084 by one of the 
following methods:
    A. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the online 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. VA156-5084. 
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:

[[Page 59813]]

I. Background

    The Commonwealth of Virginia submitted a formal revision on April 
26, 2004 and a supplemental submittal on August 18, 2004 to its State 
Implementation Plan (SIP). The SIP revision consists of a RACT 
determination, contained in the permit to operate, for the control of 
NOX from Washington Gas Company, Ravensworth Station, 
Registration No. 72277, located in Fairfax County, Virginia.

II. Summary of SIP Revision

Washington Gas Company, Ravensworth Station, Registration No. 72277

    The Washington Gas Company owns and operates a peak shaving, 
propane storage facility in Springfield, Virginia (the Ravensworth 
Station). VADEQ submitted a permit to operate for Washington Gas 
Company to implement RACT requirements for ten (10) natural gas-fired, 
Ingersoll Rand Model engine-driven compressors, one natural gas-fired 
Caterpillar model electrical generator, three (3) natural gas-fired 
Erie City boilers, and one natural gas-fired Cleaver Brooks boiler.

Emissions Controls

    The NOX emissions from each of the compressor engines 
shall be controlled by a combination of engine tuning and good 
combustion practices. Good combustion practices shall involve the 
continuous operation of the engines at optimum performance by 
maintaining operating parameters within ranges established during 
tuning and performance testing events, which will reduce NOX 
emissions. Prior to the tuning events, Washington Gas Company shall 
develop a tuning plan, which describes the activity to be involved in 
the tuning event. The plan shall provide the rationale for optimizing 
specific parameters and their significance in reducing NOX. 
The plan shall be submitted to VADEQ at least 30 days prior to the 
performance test. NOX emissions from the compressor engines, 
boilers and Caterpillar generator shall be controlled by proper 
operation and maintenance. Operators shall be trained in the proper 
operation of all such equipment. Washington Gas Company shall maintain 
records of the required training including a statement of time, place 
and nature of training provided. The gas company shall have available 
good written operating procedures and a maintenance schedule. These 
procedures shall be based on the manufacturer's recommendations, at 
minimum. All records required by this condition shall be kept on site 
and made available for inspection by VADEQ.

Emissions Limitations

    A NOX emission limit for each compressor engine will be 
established based on the results of the performance tests. The emission 
limits based on the performance test required, each compressor engine 
shall be operated and maintained in accordance with the manufacturers' 
specifications and, to the extent practicable, in manner consistent 
with good air pollution control practices for minimizing emissions. 
NOX emissions from each boiler shall not exceed 0.20 lbs/
MMBtu. NOX emissions from the Caterpillar generator shall 
not exceed 1.5 g/bhp-hr.

Testing

    The gas company shall conduct two sets of performance tests to 
measure NOX emissions in the exhaust stack of one of each 
model of compressor engine. The first set of tests, to be conducted 
prior to the tuning event, shall be for the purpose of establishing a 
baseline NOX emission rate for each unit tested. The second 
set of tests, to be conducted following the tuning event, shall be used 
to evaluate the effectiveness of the tuning event and to correlate 
specific engine operating parameters to emissions. The gas company 
shall submit an original and one copy of a test protocol at least 30 
days prior to testing. Copies of the test results shall be submitted to 
VADEQ within 45 days after test completion. The gas company shall also 
prepare a report, which provides the parametric data collected, the 
correlation to NOX emissions, and the selection of 
appropriate operating ranges to each operating parameter. The report 
shall be submitted to VADEQ along with the test report. The gas company 
shall perform tests to measure NOX emissions in the exhaust 
stack of two of four boilers to demonstrate compliance with the 
emission limit. The gas company shall submit a copy of the test 
protocol at least 30 days prior to testing. The test results shall be 
submitted to VADEQ within 45 days after test completion and shall 
conform to the test report format.

On Site Records

    The gas company shall maintain records of emission data and 
operating parameters as necessary to demonstrate compliance with this 
permit. These records shall include, but are not limited to the 
following:
    a. The tuning plan.
    b. The report detailing results of the tuning event, the parametric 
data collected, the correlation of operating parameters to emissions, 
and the selection of operating ranges of the parameters.
    c. The performance test reports for the compressor engines, 
including the results of both pre- and post-tuning.
    d. The performance test report for the boilers.
    e. Records of compressor engine, boiler and Caterpillar generator 
operator training, maintenance schedules and record of maintenance 
performed.
    These records shall be available for inspection by VADEQ and shall 
be current for the most recent five years.

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 record-keeping, 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

[[Page 59814]]

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 Washington Gas 
Company, Ravensworth Station, located in Fairfax County, Virginia. 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 December 6, 2004 without further notice 
unless EPA receives adverse comment by November 5, 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 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

[[Page 59815]]

regarding today's action under section 801 because this is a rule of 
particular applicability establishing source-specific requirements for 
Washington Gas Company, Ravensworth Station, located in Fairfax 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 December 6, 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, pertaining to the NOX RACT for 
Washington Gas Company, Ravensworth Station, located in Fairfax County, 
Virginia, 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, Volatile organic 
compounds.

    Dated: September 28, 2004.
Thomas Voltaggio,
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

0
2. Section 52.2420, the table in paragraph (d) is amended by adding 
entries for ``Washington Gas Company, Ravensworth Station'' 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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                                   Permit/order or
          Source name               registration          State       EPA approval date       40 CFR part 52
                                       number        effective date                              citation
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                                                  * * * * * * *
                                 ..................  ..............  [Insert Federal      ......................
                                                                      Register page
                                                                      number where the
                                                                      document begins].
Washington Gas Company,          Registration No.          04/16/04  10/06/04...........  52.2420(d)(6).
 Ravensworth Station.             72277.                   08/11/04
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[FR Doc. 04-22360 Filed 10-5-04; 8:45 am]
BILLING CODE 6560-50-P