[Federal Register Volume 60, Number 150 (Friday, August 4, 1995)]
[Rules and Regulations]
[Pages 39855-39857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19272]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WVA10-1-5918a; FRL-5265-7]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia--Emission Statement Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of West Virginia. This revision consists of an
emission statement program for stationary sources which emit volatile
organic compounds (VOCs) and/or nitrogen oxides (NOX) at or above
specified actual emission threshold levels. This program applies to
certain stationary sources within the West Virginia counties of Putnam,
Kanawha, Cabell, Wayne, Wood, and Greenbrier. The intended effect of
this action is to approve a regulation for annual reporting of actual
emissions by sources that emit VOC and/or NOX, within the counties
listed above, in accordance with the 1990 Clean Air Act (CAA). This
action is being taken under section 110 of the CAA.
DATES: This action will become effective September 18, 1995 unless
notice is received on or before September 5, 1995 that adverse or
critical comments will be submitted. If the effective date is delayed,
timely notice will be published in the Federal Register.
ADDRESSES: Comments must be mailed to Marcia L. Spink, Associate
Director (3AT00), Air Programs, U.S. Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania, 19107.
Copies of the documents relevant to this action are available for
public inspection during normal business hours at the following
location: Environmental Protection Agency, Region III, Air, Radiation,
and Toxics Division, 841 Chestnut Building, Philadelphia, PA 19107; and
the West Virginia Office of Air Quality, 1558 Washington Street, East,
Charleston, West Virginia, 25311.
FOR FURTHER INFORMATION CONTACT: Marcia L. Spink, U.S. Environmental
Protection Agency, Region III, 841 Chestnut Building, Philadelphia,
Pennsylvania 19107, (215) 597-4713.
SUPPLEMENTARY INFORMATION: On August 10, 1993, the West Virginia Office
of Air Quality (WVOAQ) submitted a SIP revision to EPA. This revision
would add West Virginia Regulation Title 45, Series 29, ``Rule
Requiring the Submission of Emission Statements for Volatile Organic
Compounds and Oxides of Nitrogen Emissions,'' consisting of
Subsections: 1. General; 2. Definitions; 3. Applicability; 4.
Compliance Schedule; 5. Emission Statement Requirements; 6.
Enforceability; and 7. Severability, effective July 7, 1993 in the
State of West Virginia to the West Virginia SIP.
I. Background
The air quality planning and SIP requirements for ozone
nonattainment and transport areas are set out in subparts I and II of
Part D of Title I of the Clean Air Act, as amended by the Clean Air Act
Amendments of 1990. EPA published a ``General Preamble'' describing
EPA's preliminary views on how it intends to review SIP's and SIP
revisions submitted under Title I of the CAA, including those State
submittals for ozone transport areas within the States (see 57 FR 13498
(April 16, 1992) (''SIP: General Preamble for the Implementation of
Title I of the Clean Air Act Amendments of 1990''), 57 FR 18070 (April
28, 1992) (''Appendices to the General Preamble''), and 57 FR 55620
(November 25, 1992) (''SIP: NOX Supplement to the General
Preamble'')).
EPA also issued a draft guidance document describing the
requirements for the emission statement programs discussed in this
action, entitled ``Guidance on the Implementation of an Emission
Statement Program'' (July, 1992). The Agency is also conducting a
rulemaking process to modify title 40, part 51 of the CFR to reflect
the requirements of the emission statement program.
Section 182 of the Act sets out a graduated control program for
ozone nonattainment areas. Section 182(a) sets out requirements
applicable in marginal ozone nonattainment areas, which are also made
applicable by section 182 (b), (c), (d), and (e) to all other ozone
nonattainment areas. Among the requirements in section 182(a) is a
program for stationary sources to prepare and submit to the State each
year emission statements certifying their actual emissions of VOCs and
NOX. This section of the Act provides that the States are to
submit a revision to their SIPs by November 15, 1992 establishing this
emission statement program.
If a source emits either VOC or NOX at or above the designated
minimum reporting level, the other pollutant should be included in the
emission statement, even if it is emitted at levels below the specified
cutoffs.
States may waive, with EPA approval, the requirement for an
emission statement for classes or categories of sources with less than
25 tons per year of actual plant-wide NOX or VOC emissions in
nonattainment areas if the class or category is included in the base
year and periodic inventories and emissions are calculated using
emissions factors established by EPA (such as those found in EPA
publication AP-42) or other methods acceptable to EPA.
At minimum, the emission statement data should include:
--Certification of data accuracy;
--Source identification information;
--Operating schedule;
[[Page 39856]]
--Emissions information (to include annual and typical ozone season day
emissions);
--Control equipment information; and
--Process data.
EPA developed emission statements data elements to be consistent
with other source and State reporting requirements. This consistency is
essential to assist States with quality assurance for emission
estimates and to facilitate consolidation of all EPA reporting
requirements.
II. EPA's Evaluation of West Virginia's Submittal
A. Procedural Background
In accordance with the requirements of 40 CFR Sec. 51.102, a public
hearing concerning West Virginia's SIP revision was held on June 23,
1993, in Charleston, West Virginia to solicit public comment on the
implementation plan for the State. Following the public hearing, the
plan was adopted by the State and signed by the Governor's designee on
July 7, 1993 and submitted to EPA on August 10, 1993 as a revision to
the SIP.
B. Components of West Virginia's Emission Statement Program
There are several key and specific components of an acceptable
emission statement program. Specifically, West Virginia must submit a
revision to its SIP which consists of an emission statement program
which meets the minimum requirements for reporting by the sources and
the State. For the emission statement program to be approvable, West
Virginia's SIP revision must include, at a minimum, definitions and
provisions for applicability, compliance, and specific source reporting
requirements and reporting forms.
Subsection 45-29-2. Definitions, includes, among others,
definitions for the following terms: Actual emissions; Annual fuel
process rate; Control efficiency; Control equipment identification
code; Emission factor; Emission statement; Estimated emission method
code; Estimated emission units; Facility; Measured emission methods
code; Measured emission units; Owner or operator; Oxides of nitrogen;
Ozone season; Percentage seasonal throughput; Person; Point; Potential
to emit; Typical ozone season day; and Volatile organic compounds.
Subsections 45-29-1. General; 45-29-3. Applicability; 45-29-6.
Enforceability; and 45-29-7. Severability require that a person who
owns or operates any installation, source, or premises to report the
levels of emissions from all stationary sources of VOCs and NOX.
The state may, with EPA's approval, waive the Emission Statements
requirements for classes or categories for stationary sources with
facility-wide actual emissions of less than 25 tpy of VOC or NOX,
if the class or category is included in the Base Year ozone and
Periodic ozone inventories are calculated using EPA approved emission
factors or other methods acceptable to EPA. Subsection 45-29-5.
Emission Statement Requirements, requires that a certifying official
for each facility provide West Virginia with a statement reporting
emissions by May 13, in 1993, and by April 15 of every year thereafter
for the emissions discharged during the previous calendar year. This
subsection of the regulation also delineates specific requirements for
the content of these annual emission statements.
C. Enforceability
The State of West Virginia has provisions in its SIP which ensure
that the emission statement requirements of West Virginia Regulation
Title 45, Series 29, ``Rule Requiring the Submission of Emission
Statements for Volatile Organic Compounds and Oxides of Nitrogen
Emissions,'' are adequately enforced.
EPA has determined that the submittal made by the State of West
Virginia satisfies the relevant requirements of the CAA and EPA's
guidance document, ``Guidance on the Implementation of an Emission
Statement Program'' (July 1992).
III. Final Action
EPA is approving a revision to the West Virginia SIP to include
Regulation Title 45, Series 29, ``Rule Requiring the Submission of
Emission Statements for Volatile Organic Compounds and Oxides of
Nitrogen Emissions.'' This revision was submitted to EPA by the State
of West Virginia on August 10, 1993.
EPA is approving this SIP revision without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will become
effective September 18, 1995 unless, within 30 days of publication,
adverse or critical comments are received. If EPA receives such
comments, this action will be withdrawn before the effective date by
publishing a subsequent notice that will withdraw the final action. All
public comments received will then be addressed in a subsequent final
rule based on this action serving as a proposed rule. EPA will not
institute a second comment period on this action. Any 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 action
will be effective on September 18, 1995.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision of any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000. Redesignation of an area to attainment under section
107(d)(3)(E) of the Act does not impose any new requirements on small
entities. Redesignation is an action that affects the status of a
geographical area and does not impose any regulatory requirements on
sources. The Administrator certifies that the approval of the
redesignation request will not affect a substantial number of small
entities. SIP approvals under section 110 and subchapter I, part D of
the clean Air Act 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, the
Administrator certifies 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 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 SIP's on such grounds. Union Electric Co. v.
U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410 (a) (2).
Under sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules
[[Page 39857]]
that include a Federal mandate that may result in estimated costs of
$100 million or more to the private sector, or to State, local, or
tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under section 175A of the
Clean Air Act. These rules may bind State, local and tribal governments
to perform certain actions and also require the private sector to
perform certain duties. The rules being approved by this action will
impose no new requirements; such sources are already subject to these
regulations under State law. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, result from
this action. EPA has also determined that this final action does not
include a mandate that may result in estimated costs of $100 million or
more to State, local, or tribal governments in the aggregate or to the
private sector.
The OMB has exempted this regulatory action from E.O. 12866 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 October 3, 1995. 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 approving West Virginia's Emission
Statement Program 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, Hydrocarbons,
Incorporation by Reference, Intergovernmental relations, Volatile
organic compounds, Oxides of nitrogen, Ozone, Reporting and
recordkeeping requirements.
Dated: July 14, 1995.
Stanley L. Laskowski,
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. 7401-7671q.
Subpart XX--West Virginia
2. Section 52.2520 is amended by adding paragraphs (c)(34) to read
as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(c) * * *
(34) Revisions to the West Virginia State Implementation Plan
submitted by the Secretary, West Virginia Department of Commerce,
Labor, and Environmental Resources, Office of Air Quality, on August
10, 1993.
(i) Incorporation by reference.
(A) Letter dated August 10, 1993 from the Secretary, West Virginia
Department of Commerce, Labor, and Environmental Resources, Office of
Air Quality submitting 45 Code of State Regulations (CSR) Series 29
``Rule Requiring the Submission of Emission Statements for Volatile
Organic Compounds and Oxides of Nitrogen Emissions'' as a revision to
the West Virginia State Implementation Plan. The effective date of this
rule, 45CSR29 is July 7, 1993.
(B) West Virginia Regulation Title 45, Series 29, ``Rule Requiring
the Submission of Emission Statements for Volatile Organic Compounds
and Oxides of Nitrogen Emissions,'' consisting of Subsections: 1.
General; 2. Definitions; 3. Applicability; 4. Compliance Schedule; 5.
Emission Statement Requirements; 6. Enforceability; and 7.
Severability, effective July 7, 1993.
(ii) Additional Material.
(A) Remainder of August 10, 1993 State submittal pertaining to 45
CSR Series 29, ``Rule Requiring the Submission of Emission Statements
for Volatile Organic Compounds and Oxides of Nitrogen Emissions.''
(B) [Reserved]
[FR Doc. 95-19272 Filed 8-3-95; 8:45 am]
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