[Federal Register Volume 73, Number 153 (Thursday, August 7, 2008)]
[Proposed Rules]
[Pages 45925-45928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18191]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2008-0472; FRL-8701-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Stafford County Reasonably Available Control Technology Under 
the 8-Hour Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the Commonwealth of Virginia. This SIP revision 
pertains to the requirements in meeting the reasonably available 
control technology (RACT) under the 8-hour ozone national ambient air 
quality standard (NAAQS). These requirements are based on: 
Certification that previously adopted RACT controls in Virginia's SIP 
that were approved by EPA under the 1-hour ozone NAAQS are based on the 
currently available technically and economically feasible controls, and 
that they continue to represent RACT for the 8-hour implementation 
purposes; a negative declaration demonstrating that no facilities exist 
in Stafford County for the applicable control technology guideline 
(CTG) categories; and new RACT determinations. This action is being 
taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before September 8, 
2008.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2008-0472 by one of the following methods:
    A. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    B. E-mail: [email protected].
    C. Mail: EPA-R03-OAR-2008-0472, Cristina Fernandez, 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. EPA-R03-OAR-
2008-0472. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, 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 www.regulations.gov or e-mail. 
The www.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 www.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.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal 
are available at the Virginia Department of Environmental Quality, 629 
East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: On April 21, 2008, the Virginia Department 
of Environmental Quality (VADEQ) submitted a revision to its SIP that 
addresses Stafford County's requirements of RACT under the 8-hour ozone 
NAAQS set forth by the CAA.

I. Background

    Ozone is formed in the atmosphere by photochemical reactions 
between volatile organic compounds (VOC), oxides of nitrogen 
(NOX) and carbon monoxide (CO) in the presence of sunlight. 
In order to reduce ozone concentrations in the ambient air, the CAA 
requires all nonattainment areas to apply control on VOC/NOX 
emission sources to achieve emission reductions. Among effective 
control measures, RACT controls are a major group for reducing VOC and 
NOX emissions from stationary sources.
    Since the 1970s, EPA has consistently interpreted RACT to mean the 
lowest

[[Page 45926]]

emission limit that a particular source is capable of meeting by the 
application of the control technology that is reasonably available 
considering technological and economic feasibility. See, e.g., 72 FR 
20586 at 20610 (April 25, 2007). Section 182 of the CAA sets forth two 
separate RACT requirements for ozone nonattainment areas. The first 
requirement, contained in section 182(a)(2)(A) of the CAA, and referred 
to as RACT fix-up requires the correction of RACT rules for which EPA 
identified deficiencies before the CAA was amended in 1990. On March 
31, 1994, EPA published a final rulemaking notice approving the 
Commonwealth of Virginia's SIP revision in order to correct the 
Commonwealth's VOC RACT regulations and establish and require the 
implementation for revised SIP regulations to control VOCs (59 FR 
15117, March 31, 1994). The second requirement, set forth in section 
182(b)(2) of the CAA, applies to moderate (or worse) ozone 
nonattainment areas as well as to marginal and attainment areas in 
ozone transport region (OTR) established pursuant to section 184 of the 
CAA, and requires these areas to implement RACT controls on all major 
VOC and NOX emission sources and on all sources and source 
categories covered by a control technique guideline (CTG) issued by 
EPA. On March 12, 1997, EPA published a final rulemaking notice 
approving the Commonwealth of Virginia's SIP revision as meeting the 
CTG RACT provisions of the CAA (62 FR 11332, March 12, 1997). Further 
details of Virginia's RACT requirements can be found in a Technical 
Support Document (TSD) prepared for this rulemaking.
    The counties of Fairfax, Loudoun, Prince William, and Arlington, as 
well as the cities of Fairfax, Alexandria, Manassas, Manassas Park, and 
Falls Church (Northern Virginia Area), along with Stafford County, 
Virginia, Washington, D.C., and portions of southern Maryland, are part 
of the OTR. Under the 1-hour ozone NAAQS, these jurisdictions, 
including Stafford County, Virginia, Washington, D.C., and portions of 
southern Maryland were originally classified as part of the 
Metropolitan Washington serious 1-hour ozone nonattainment area located 
in OTR (56 FR 56694 at 56844, November 6, 1991). As part of the 
planning process, section 182(b)(2) of the CAA required the 
Commonwealth of Virginia to implement RACT on all sources and source 
categories covered by a CTG issued by EPA. Point sources with the 
potential to emit 50 tons per year or more of VOCs or 100 tons per year 
or more of NOX that were not covered by a CTG were also 
required to implement RACT. As a result of failure to meet the 
attainment date of November 15, 1999, the Metropolitan Washington area 
was reclassified as a severe nonattainment area for the 1-hour standard 
(68 FR 3410 at 3425, January 24, 2003). As a result of the 
reclassification, the Commonwealth of Virginia was required to perform 
RACT evaluations on point sources with the potential to emit 25 tons 
per year for either VOC (62 FR 11334, March 12, 1997) or NOX 
(69 FR 48150, August 9, 2004).
    On July 18, 1997, EPA promulgated the new 8-hour NAAQS for ozone 
(62 FR 38856, July 18, 1997). Under the 8-hour ozone NAAQS, the 
Metropolitan Washington Area, with the exception of Stafford County, 
was designated nonattainment for the 8-hour ozone standard and 
classified as a moderate nonattainment area. Stafford County was 
included as part of the Fredericksburg area, and was designated as a 
moderate nonattainment area for the 8-hour ozone NAAQS (69 FR 23858, 
April 30, 2004). On May 2, 2005 and May 4, 2005, the Commonwealth of 
Virginia submitted a redesignation request and maintenance plan for the 
Fredericksburg area, respectively. EPA issued a final rule approving 
Virginia's redesignation request and maintenance plan for the 
Fredericksburg area on December 23, 2005 (70 FR 76165).
    Although Stafford County is part of the Fredericksburg maintenance 
area, the requirements of section 184 of the CAA must still be 
satisfied because Stafford County is also part of the OTR. Section 
184(b)(1)(B) of the CAA requires the implementation of RACT with 
respect to all sources of VOC covered by a CTG. Additionally, section 
184(b)(2) of the CAA requires the implementation of major stationary 
source requirements as if the area were a moderate nonattainment area 
on any stationary source with a potential to emit of at least 50 tons 
per year of VOC or 100 tons per year of NOX. Virginia is 
therefore required to submit to EPA a SIP revision that demonstrates 
how Stafford County meets the RACT requirements under the 8-hour ozone 
standard.
    EPA requires under the 8-hour ozone NAAQS that states meet the CAA 
RACT requirements, either through a certification that previously 
adopted RACT controls in their SIP revisions approved by EPA under the 
1-hour ozone NAAQS represent adequate RACT control levels for 8-hour 
attainment purposes, or through the adoption of new or more stringent 
regulations that represent RACT control levels. A certification must be 
accompanied by appropriate supporting information such as consideration 
of information received during the public comment period and 
consideration of new data. This information may supplement existing 
RACT guidance documents that were developed for the 1-hour standard, 
such that the State's SIP accurately reflects RACTs for the 8-hour 
ozone standard based on the current availability of technically and 
economically feasible controls. Adoption of new RACT regulations will 
occur when states have new stationary sources not covered by existing 
RACT regulations, or when new data or technical information indicates 
that a previously adopted RACT measure does not represent a newly 
available RACT control level. Another 8-hour ozone NAAQS requirement 
for RACT is to submit a negative declaration that there are no CTG 
major sources of VOC and NOX emissions within Virginia.

II. Summary of SIP Revision

    Virginia's SIP revision for Stafford County contains the 
requirements of RACT set forth by the CAA under the 8-hour ozone NAAQS. 
Virginia's SIP revision satisfies the 8-hour RACT requirements through 
(1) certification that previously adopted RACT controls in Virginia's 
SIP that were approved by EPA under the 1-hour ozone NAAQS are based on 
the currently available technically and economically feasible controls, 
and that they continue to represent RACT for the 8-hour implementation 
purposes; (2) a negative declaration demonstrating that no facilities 
exist in Stafford County for the applicable CTG categories; and (3) new 
RACT determinations.

VOC RACT Controls

    Virginia's Regulations and Statutes, under 9 VAC 5 Chapter 40, 
contain the Commonwealth's VOC RACT controls that were implemented and 
approved in the Virginia SIP under the 1-hour ozone NAAQS.
    Table 1 lists Virginia's VOC RACT controls.

[[Page 45927]]



                                      Table 1--Virginia's VOC RACT Controls
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                                                          Existing stationary sources
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    Regulation 9 VAC 5-40-                                  State       Federal
                                  Title of regulation     effective     Register              Citation
                                                             date         date
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460..........................  Emission Standards for       02/01/02     03/03/06  71 FR 10838.
                                Synthesized
                                Pharmaceutical Products
                                Manufacturing
                                Operations.
610..........................  Emission Standards for       04/17/95     04/21/00  65 FR 21315.
                                Rubber Tire
                                Manufacturing
                                Operations.
1400.........................  Emission Standards for       04/17/95     04/21/00  65 FR 21315.
                                Petroleum Refinery
                                Operations.
3290.........................  Emission Standards for       04/01/97     11/03/99  64 FR 59635.
                                Solvent Metal Cleaning
                                Operations Using Non-
                                Halogenated Solvents.
3590.........................  Emission Standards for       04/17/95     04/21/00  65 FR 21315.
                                Large Appliance Coating
                                Application Systems.
3740.........................  Emission Standards for       04/17/95     04/21/00  65 FR 21315.
                                Magnet Wire Coating
                                Application Systems.
3890.........................  Emission Standards for       04/17/95     04/21/00  65 FR 21315.
                                Automobile and Light
                                Duty Truck Coating
                                Application Systems.
4040.........................  Emission Standards for       04/17/95     04/21/00  65 FR 21315.
                                Can Coating Application
                                Systems.
4190.........................  Emission Standards for       04/17/95     04/21/00  65 FR 21315.
                                Metal Coil Coating
                                Application Systems.
4340.........................  Emission Standards for       04/17/95     04/21/00  65 FR 21315.
                                Paper and Fabric
                                Coating Application
                                Systems.
4490.........................  Emission Standards for       04/17/95     04/21/00  65 FR 21315.
                                Vinyl Coating
                                Application Systems.
4640.........................  Emission Standards for       04/17/95     04/21/00  65 FR 21315.
                                Metal Furniture Coating
                                Application Systems.
4790.........................  Emission Standards for       04/17/95     04/21/00  65 FR 21315.
                                Miscellaneous Metal
                                Parts and Products
                                Coating Application
                                Systems.
4940.........................  Emission Standards for       04/17/95     04/21/00  65 FR 21315.
                                Flatwood Paneling
                                Coating Application
                                Systems.
5080.........................  Flexographic, Packaging      04/01/96     03/12/97  62 FR 11334.
                                Rotogravure, and
                                Publication Rotogravure
                                Printing Lines.
5230.........................  Emission Standards for       02/01/02     03/03/06  71 FR 10838.
                                Petroleum Liquid
                                Storage and Transfer
                                Operations--Stage I
                                Vapor Control Systems--
                                Gasoline Service
                                Stations.
5230.........................  Emission Standards for       02/01/02     03/03/06  71 FR 10838.
                                Petroleum Liquid
                                Storage and Transfer
                                Operations--Tank Truck
                                Gasoline Loading
                                Terminals.
5230.........................  Emission Standards for       02/01/02     03/03/06  71 FR 10838.
                                Petroleum Liquid
                                Storage and Transfer
                                Operations--Bulk
                                Gasoline Plants.
5230.........................  Emission Standards for       02/01/02     03/03/06  71 FR 10838.
                                Petroleum Liquid
                                Storage and Transfer
                                Operations--Petroleum
                                Liquids in Fixed Roof
                                Tanks.
5230.........................  Emission Standards for       02/01/02     03/03/06  71 FR 10838.
                                Petroleum Liquid
                                Storage and Transfer
                                Operations--Petroleum
                                Liquid Storage in
                                External Floating Roof
                                Tanks.
5230.........................  Emission Standards for       02/01/02     03/03/06  71 FR 10838.
                                Petroleum Liquid
                                Storage and Transfer
                                Operations--Gasoline
                                Tank Trucks and Vapor
                                Collection Systems.
5510.........................  Emission Standards for       03/24/04     04/27/05  70 FR 21625.
                                Asphalt Paving
                                Operations.
6840.........................  Emission Standards for       03/24/04     06/09/04  69 FR 32277.
                                Solvent Metal Cleaning
                                Operations in the
                                Northern Virginia
                                Volatile Organic
                                Compound Emissions
                                Control Area.
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    Virginia also submitted a negative declaration certifying that the 
following VOC CTG or non-CTG major sources do not exist in Stafford 
County.
    Table 2 lists Virginia's negative declaration for VOC CTG major 
sources.

 Table 2--Documents for Which No Applicable Facilities Exist in Stafford
                                 County
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                             Document title
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Control of Volatile Organic Compound Leaks from Petroleum Refinery
 Equipment
Control of Volatile Organic Compound Emissions form Large Petroleum Dry
 Cleaners
Control of Volatile Organic Compound Emissions from Manufacture of High
 Density Polyethylene, Polypropylene, and Polystyrene Resins
Control of Volatile Organic Compound Equipment Leaks form Natural Gas/
 Gasoline Processing Plants
Control of Volatile Organic Compound fugitive Emission from Synthetic
 Organic Chemical Polymer and Resin Manufacturing Equipment
Control of Volatile Organic Compound Emissions from Air Oxidation
 Processes in Synthetic Organic Chemical Manufacturing Industry
SOCMI Distillation and Reactor Processes CTG
Wood Furniture
Shipbuilding/repair
Aerospace
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NOX RACT Controls

    The only facility in Stafford County considered to be a major 
stationary source for either VOC or NOX is Cellofoam. 
Because actual VOC emissions from Cellofoam are significantly below the 
facility's federally enforceable limit, the Cellofoam source specific 
new RACT determination is appropriate, and therefore, the existing RACT 
controls can be recertified. Further details can be found in a TSD 
prepared for this rulemaking.

III. Proposed Action

    EPA is proposing to approve the Virginia SIP revision for Stafford 
County that addresses the requirements of RACT under the 8-hour ozone 
NAAQS, which was submitted on April 21, 2008. This SIP revision is 
based on a combination of (1) certification that previously adopted 
RACT controls in Virginia's SIP that were approved by EPA under the 1-
hour ozone NAAQS are based on the currently available

[[Page 45928]]

technically and economically feasible controls, and that they continue 
to represent RACT for the 8-hour implementation purposes; (2) a 
negative declaration demonstrating that no facilities exist in Stafford 
County for the applicable CTG categories; and (3) new RACT 
determinations. EPA is soliciting public comments on the issues 
discussed in this document. These comments will be considered before 
taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the Clean Air Act. Accordingly, 
this action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule, pertaining to the Stafford County, 
VA RACT under the 8-hour ozone NAAQS, does not have tribal implications 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Ozone, Reporting and recordkeeping requirements, Volatile organic 
compounds.

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

    Dated: July 25, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E8-18191 Filed 8-6-08; 8:45 am]
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