[Federal Register Volume 60, Number 168 (Wednesday, August 30, 1995)]
[Rules and Regulations]
[Pages 45055-45056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21504]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[VA36-1-7064; FRL-5287-9]
Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Virginia: Non-CTG Reasonably Available Control
Technology for Philip Morris, Inc.
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is conditionally approving a State Implementation Plan
(SIP) revision submitted by the Commonwealth of Virginia. This revision
establishes and requires the use of reasonably available control
technology (RACT) to control volatile organic compound (VOC) emissions
from the Philip Morris, Inc. (Philip Morris), Manufacturing Center in
the Richmond, Virginia nonattainment area. The intended effect of this
action is to approve the SIP revision on the condition that
deficiencies in the Consent Order and Agreement (the Order)
establishing RACT for Philip Morris are corrected and submitted within
one year of this approval. If the State fails to meet this condition,
this approval will convert to a disapproval. This action is being taken
under section 110 of the Clean Air Act (CAA).
EFFECTIVE DATE: This final rule is effective on September 29, 1995.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
Air, Radiation, and Toxics Division, U.S. Environmental Protection
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania
19107; and Virginia Department of Environmental Quality, 629 East Main
Street, Richmond, Virginia, 23219.
FOR FURTHER INFORMATION CONTACT: Kathleen Henry, (215) 597-0545.
SUPPLEMENTARY INFORMATION: On April 7, 1995 (60 FR 17746), EPA
published a notice of proposed rulemaking (NPR) for the Commonwealth of
Virginia. The NPR proposed conditional approval of a SIP revision
consisting of a Consent Order and Agreement (the Order) between the
Department of Environmental Quality (DEQ) of the Commonwealth of
Virginia and Philip Morris, establishing RACT for the Philip Morris
Manufacturing Center in Richmond, Virginia. The NPR proposed
conditional approval based on the Commonwealth revising the Order
according to the options identified in the NPR and resubmitting it to
EPA within one year of the final conditional approval. No comments were
recieved on the NPR. The formal SIP revision was submitted by the
Commonwealth on September 28, 1994.
EPA notes that if the Commonwealth fails to meet the conditions of
this approval action, the EPA Regional Administrator will directly make
a finding, by letter, that the conditional approval is converted to a
disapproval and the clock for imposition of sanctions under section
179(a) of the CAA will start as of the date of the letter.
Subsequently, a document will be published in the Federal Register
announcing that the SIP revision has been disapproved.
Specific requirements of the Order and the rationale for EPA's
action are explained in the NPR and will not be restated here.
Final Action
Pursuant to section 110(k)(4) of the CAA, EPA is conditionally
approving the Virginia SIP revision for the Philip Morris Manufacturing
Center, based on certain contingencies. In order to be approvable, the
Consent Order and Agreement with Philip Morris, Inc., must be revised
in one of the following ways and resubmitted to EPA within one year of
this final conditional approval: (1) Eliminate the exemption to use
non-ethanol-based flavorings in lieu of add-on controls; (2) restrict
the applicability of the exemption to the use of non-VOC based
flavorings; or (3) impose monitoring and reporting requirements
sufficient to determine net increases or decreases in emissions on a
mass basis relative to the emissions that would have occurred using
add-on controls on an average not to exceed thirty days.
If Virginia fails to revise and resubmit the Order to EPA within
one year of the final conditional approval, the approval will convert
to a disapproval.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action proposed/promulgated
does not include a Federal mandate that may result in estimated costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector. This Federal action
approves pre-existing requirements under State or local law, and
imposes no new Federal requirements. Accordingly, no additional costs
to State, local, or tribal governments, or to the private sector,
result from this action.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this conditional approval action of the SIP revision
establishing RACT for the Philip Morris Manufacturing Center in
Richmond, Virginia, must be filed in the United States Court of Appeals
for the appropriate circuit by October 30, 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 may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
[[Page 45056]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental relations, Ozone, Reporting and recordkeeping
requirements.
Dated: August 16, 1995.
W. Michael McCabe,
Regional Administrator, Region III.
Chapter I, title 40, of the Code of Federal Regulations 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 VV--Virginia
2. Section 52.2450 is added to read as follows:
Sec. 52.2450 Conditional approval.
Virginia's September 28, 1994 SIP submittal of a Consent Order and
Agreement (Order) between the Department of Environmental Quality of
the Commonwealth of Virginia and Philip Morris, Inc. establishing
reasonably available control technology (RACT) for the Manufacturing
Center located in Richmond, Virginia is conditionally approved based on
certain contingencies. The condition for approval is to revise and
resubmit the Order as a SIP revision within one year of September 29,
1995 according to one of the following: Eliminate the exemption to use
non-ethanol-based flavorings in lieu of add-on controls; restrict the
applicability of the exemption to the use of non-VOC based flavorings;
or impose monitoring and reporting requirements sufficient to determine
net increases or decreases in emissions on a mass basis relative to the
emissions that would have occurred using add-on controls on an average
not to exceed thirty days.
[FR Doc. 95-21504 Filed 8-29-95; 8:45 am]
BILLING CODE 6560-50-P
