[Federal Register Volume 60, Number 21 (Wednesday, February 1, 1995)]
[Rules and Regulations]
[Pages 6022-6027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2399]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WV19-1-6210a, WV11-1-5888a; FRL-5139-3]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia: Title 45 Legislative Rules, Series 21, Regulation To
Prevent and Control Air Pollution From Emission of Volatile Organic
Compounds
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 on August 10, 1993. The
revision concerns West Virginia title 45 Legislative Rules, Series 21,
Regulation to Prevent and Control Air Pollution from Emission of
Volatile Organic Compounds, sections 1 to 9, 11, 12, 14 to 19, 21 to
29, 31, 36, 39, 41, 42 to 48, and appendix A, which were adopted May
26, 1993 and effective July 7, 1993. These sections of Series 21
establishes emission standards that represent the application of
reasonably available control technology (RACT) to twenty categories of
stationary sources of volatile organic compounds (VOCs), and establish
associated testing, monitoring, recordkeeping, compliance
certification, and permit requirements. This revision was submitted to
comply with the RACT ``Catch-up'' provisions of the Clean Air Act (the
Act). There are two intended effects of this action. The first is to
approve these sections of Series 21 as a revision to the West Virginia
SIP in accordance with the SIP submittal and revision provisions of the
Act. And the SIP submittal and revision provisions of the Act. And the
second is to simultaneously update the West Virginia SIP by replacing
three regulations codified at 40 CFR 52.2520(c)(26) by portions of the
revision submitted on August 10, 1993. This action is being taken under
section 110 of the Act.
DATES: This final rule is effective April 3, 1995 unless notice is
received on or before March 3, 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 may be mailed to Thomas J. Maslany, Director, Air,
Radiation, and Toxics Division, 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 Air, Radiation,
and Toxics Division, U.S. Environmental Protection Agency, Region III,
841 Chestnut Building, Philadelphia, Pennsylvania 19107; the Air and
Radiation Docket and Information Center, U.S. Environmental Protection
Agency, 401 M Street, SW., Washington, DC 20460; and the West Virginia
Department of Environmental Protection, Office of Air Quality, 1558
Washington Street, East, Charleston, West Virginia, 25311.
FOR FURTHER INFORMATION CONTACT: Christopher Cripps, (215) 597-0545, at
the EPA Regional Office address listed.
SUPPLEMENTARY INFORMATION: On August 10, 1993, the State of West
Virginia submitted a formal revision to its SIP. The SIP revision
consists of Title 45, Series 21 (45CSR21), ``Regulations to Control Air
Pollution from the Emission of Volatile Organic Compounds'' (Series
21), and four other regulations--45CSR5 ``To Prevent and Control Air
Pollution From the Operation of Coal Preparation Plants and Coal
Handling Operations'', 45CSR12 ``Permits for Construction and Major
Modification of Major Stationary Sources of Air Pollution for the
Prevention of Significant Deterioration'', 45CSR19 ``Requirements for
Pre-construction Review, Determination of Emission Offsets for Proposed
New or Modified Stationary Sources of Air Pollutants and Emission
Trading for Intrasource Pollutants'', and 45CSR29 ``Rule Requiring the
Submission of Emission Statements for Volatile Organic Compound
Emissions and Oxides of Nitrogen Emissions''. This action concerns only
sections 1 to 9, 11, 12, 14 to 19, 21 to 29, 31, 36, 39, 41 to 48 and
Appendix A to Series 21. The other parts--45CSR5, 45CSR19, 45CSR12,
45CSR29 and sections 10, 13, 20, 30, 32 to 35, 37, 38 and 40 to series
21--of the August 10, 1993 submittal will be subject of separate
rulemaking.
I. Background
The Clean Air Act Amendments of 1990 were enacted on November 15,
1990. Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-
7671q. Under the amended Act, EPA and the States were required to
review the designation of areas and to redesignate areas as
nonattainment for ozone if the air quality data from 1987, 1988, and
1989 indicated that the area was violating the ozone standard. On
November 6, 1991, EPA issued those designations (56 FR 56694 and 57 FR
56762, November 30, 1992). The Parkersburg--Marietta (Wood County),
Huntington--Ashland (Cabell and Wayne Counties) and Charleston
Metropolitan Statistical Area (Kanawha and Putnam Counties) areas,
which were designated unclassifiable prior to enactment, were
redesignated to nonattainment and classified as moderate. Under the
pre-amended Act, these areas were not required to meet the RACT
requirement for nonattainment areas. Under the RACT catch-up provision
of section 182(b)(2) of the Act, the State was required to submit RACT
rules for these areas covering any remaining pre-enactment Control
Technique Guideline (CTG) documents and to submit rules for all
remaining major sources of VOC emissions.
West Virginia had adopted RACT rules for the following three
categories of sources: storage of petroleum liquids in fixed roof
tanks, bulk gasoline terminals and petroleum refinery sources. These
rules were Series 21, 23 and 24, respectively. EPA approved these as
RACT on September 17, 1992 (57 FR 42895). The current Series 21
submitted on August 10, 1993 completely supersedes the previous Series
21 (45CSR21) and Series 23 and 24 (45CSR23 and 45CSR24) which were
effective in Wood, Cabell, Wayne, Kanawha and Putnam counties. The RACT
requirements contained in the superseded Series 21, 23 and 24 are
contained in sections 28, 25 and 22, respectively, in combination with
the applicable portions of sections 1 to 9 and 41 to 48 of the current
Series 21.
VOCs contribute to the production of ground level ozone and smog.
These rules were adopted as part of an effort [[Page 6023]] to achieve
the National Ambient Air Quality Standard (NAAQS) for ozone.
II. EPA Evaluation and Action
The following is EPA's evaluation of and action on sections 1 to 9,
11, 12, 14 to 19, 21 to 29, 31, 36, 39, 41 to 48 and Appendix A of West
Virginia Title 45, Series 21. Detailed descriptions of the sections of
Series 21 addressed in this document, and EPA's evaluation of these
sections, are contained in the technical support document (TSD)
prepared for this revision. Copies of the TSD are available from the
EPA Regional office listed in the ADDRESSES section of this document.
In determining the approvability of a VOC rule, EPA must evaluate
the rule for consistency with the requirements of the Act and EPA
regulations, as found in section 110 and Part D of the Act and 40 CFR
Part 51 (Requirements for Preparation, Adoption, and Submittal of
Implementation Plans). The EPA interpretation of these requirements,
which forms the basis for this action, appears in various EPA policy
guidance documents. For the purpose of assisting State and local
agencies in developing RACT rules, EPA prepared a series of CTG
documents. The CTGs are based on the underlying requirements of the Act
and specify the presumptive norms for RACT for specific source
categories. The CTGs applicable to sections 11, 12, 14 to 19, 21 to 29,
31, 36, and 39 of West Virginia Title 45, Series 21 are entitled,
Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles and Light
Duty Trucks, EPA-450/2-77-008, May 1977; Surface Coating of Metal
Furniture, EPA-450/2-77-032, Dec. 1977; Surface Coating of Large
Appliances, EPA-450/2-77-034, Dec. 1977; Surface Coating for Insulation
of Magnet Wire, EPA-450/2-77-033, Dec. 1977; Surface Coating of
Miscellaneous Parts and Products, EPA-450/2-78-015, June 1978; Bulk
Gasoline Plants, EPA-450/2-77-035, Dec. 1977, Tank Truck Loading
Terminals, EPA-450/2-77-026, Dec. 1977; Design Criteria Document--
Gasoline Dispensing Facilities--Stage I, Nov. 1975; Leaks from Gasoline
Tank Trucks and Vapor Collection Systems, EPA-450/2-78-051, Dec. 1978;
Refinery Vacuum Producing Systems, Wastewater Separators and Process
Turnarounds, EPA-450/2-77-025, Oct. 1977; Petroleum Refinery Equipment,
EPA-450/2-78-036, June 1978, Petroleum Liquid Storage in External
Floating Roof Tanks, EPA-450/2-78-047, Dec. 1978; Storage of Petroleum
Liquids in Fixed Roof Tanks, EPA-450/2-77-036, Dec. 1977; Leaks from
Natural Gas/Gasoline Processing Plants, EPA-450/3-83-007, Dec. 1983;
Cutback Asphalt, EPA-450/2-77-037, Dec. 1977; Perchloroethylene Dry
Cleaning Systems, EPA-450/2-78-050, Dec. 1978; Air Oxidation Processes
in the Synthetic Organic Chemical Manufacturing Industry, EPA-450/2-83-
006, March 1984. EPA has not yet developed CTGs to cover all sources of
VOC emissions. Further interpretations of EPA policy are found in those
portions of the proposed Post-1987 ozone and carbon monoxide policy
that concern RACT, 52 FR 45044 (November 24, 1987) and ``Issues
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,
Clarification to Appendix D of November 24, 1987 Federal Register
Notice'' (Blue Book) (notice of availability was published in the
Federal Register on May 25, 1988). In general, these guidance documents
have been set forth to ensure that VOC rules are fully enforceable and
strengthen the SIP.
State Submittal: Sections 1 through 9 of Series 21 include general
applicability, monitoring, recordkeeping, compliance certification, and
permit requirements and include definitions and other provisions common
to more than one section. Series 21 applies sources located in Putnam,
Kanawha, Cabell, Wayne and Wood counties. Sources that exceed any
applicability threshold of Series 21 remain subject to the provisions
even if the source's throughput or emissions later fall below the
applicability. Alternative control plans must be approved by the Chief
of the West Virginia Office of Air Quality (the Chief) and the U.S.
EPA. By May 31, 1994, owners or operators of sources claiming exemption
from the surface coating provisions of sections 10 to 19 must certify
to the Chief that they are exempt and after May 31, 1994 are required
to keep daily records documenting the daily VOC emissions and are
required to report to the Chief if any combined daily VOC emissions
exceeds 6.8 kilograms (15 pounds). By May 31, 1994 owners or operators
of sources subject to the surface coating provisions of sections 10 to
19 must certify to the Chief the method of compliance--complying
coatings, daily weighted averaging, or control devices--to be used for
each affected coating line or operation and are required to keep daily
records demonstrating compliance and to report any excess emissions. By
May 31, 1994 owners and operators of sources subject to the provisions
of sections 20 to 40 must certify to the Chief the method of
compliance--control system equipment specification, leak detection and
repair, coating formulation, work practice, etc.--to be used and are
required to keep records for control devices and report excess
emissions. Owners and operators of any coating line complying by the
use of a control device are required to operate the capture and control
device whenever the coating line is in use and are required to ensure
the required monitoring system is installed, maintained and calibrated
and in use when ever the control device is operated. Owners or
operators of facilities, subject to sections 11 to 20 and section 34,
are prohibited from using open containers to store or dispose cloth or
paper impregnated with VOC or to store spent or fresh VOC used for
surface preparation, cleanup or removal of coatings and are prohibited
from using VOC to clean spray equipment unless equipment is used to
collect the cleaning compounds. Owners and operators of sources subject
to Series 21 that must make major process changes or major capital
expenditures to comply must submit to the Chief a compliance schedule
within 180 days of May 31, 1993. Compliance must be as expeditious as
practical but not later than May 31, 1995. The general provisions also
define that references to the Chief of the West Virginia Office of Air
Quality also mean the U.S. EPA.
EPA's Evaluation: The regulations listed above are approvable as
SIP revisions because they conform to EPA guidance and comply with the
requirements of the Act.
State Submittal: Sections 11, 12, 14, 15, 16, 17, 18, and 19 cover
coating operations or lines in the following source categories,
respectively: Can, coil, fabric, vinyl, metal furniture, large
appliance, magnet wire, and miscellaneous metal parts and products.
A. Common Provisions
A coating line or operation is subject to the emission limits of a
section if the daily facility-wide emissions from coating lines in that
source category exceed 6.8 kilograms (15 pounds) prior to control
devices. Each section requires that compliance be demonstrated in one
of three ways: use of coatings that comply with the VOC content limits
of each section; use of coatings on a coating line whose daily weighted
average comply with the VOC content for that coating line; or use of a
capture and control system that provides an overall emission reduction
that is the lesser of the reduction needed to be equivalent to the VOC
content of complying coatings on a ``solids basis'' (mass VOC per
volume of solids) or 95 percent. The VOC content limits in mass per
volume of coating, minus water and [[Page 6024]] exempt compounds, as
applied, are the same as those contained in the applicable CTG. Section
17 exempts from the VOC content limits the use of up to 0.95 liter
(0.25 gallon), in any 8-hour period, of quick-drying lacquers used for
repair of nicks or scratches on large appliances. Section 19 also sets
a standard of 0.52 kilogram per liter (4.3 lb/gal) of coating less
water and exempt compounds for drum and pail interior coatings. The
calculation procedures for daily weighted averaging and for required
control device efficiency are provided in section 43. Calculations are
required daily to demonstrate daily compliance.
B. Coverage of Section 19, Miscellaneous Metal Parts and Products
Section 19 does apply to coatings applied to small and large farm
machinery, small appliances, commercial machinery, industrial
machinery, fabricated metal products, coating applications at
automobile and light-duty truck assembly plants other than prime,
primer surfacer, topcoat and final repair, and any other industrial
category that coats metal parts or products under Standard Industrial
Classification (SIC) Codes of Major Groups 33 to 39. Section 19 does
not apply to the application of coatings regulated under sections 11,
12, 16, 17, and 18, exteriors of completely assembled aircraft,
automobile or truck refinishing, and customized topcoating of
automobiles and trucks where the daily production is less than 35
vehicles per day. Section 19 does not apply to primer, primer surfacer,
topcoat and final repair operations at automobile and light-duty truck
assembly plants covered under section 10. Manufacture of lamps and
light fixtures falls under SIC Codes 3645 and 3646. Coatings applied to
lamps and light fixtures are regulated under section 19 and are not
included in the product mix regulated under section 16.
EPA's Evaluation: The regulations listed above are approvable as
SIP revisions because they conform to EPA guidance and comply with the
requirements of the Act. EPA has determined that the RACT standards are
no less stringent than the applicable CTG and that the standards for
coating of metal lamps and light fixtures established under section 19
are no different than that which would have been required under section
16. EPA has determined that the standards for coating of drum and pail
interiors represent RACT given the extreme conditions to which these
coatings are often exposed.
State Submittal: Sections 21, 22, 23, and 24 cover bulk gasoline
plants, bulk gasoline terminals, gasoline dispensing facilities and
gasoline tank trucks.
A. Section 21 requires bulk gasoline plants of between 4,000 and
20,000 gallons per day throughput to install a vapor balance system
between incoming/outgoing tank trucks and stationary storage tanks, to
fill storage vessels by submerged filling, and to incorporate design
and operational practices to minimize leaks from storage tanks, loading
racks, tank trucks and loading operations.
B. Section 22 requires bulk gasoline terminals, facilities of
greater than 20,000 gallons per day throughput, to equip each loading
rack with a vapor collection system to control VOC vapors displaced
from gasoline tank trucks during product loading. The vapor control
system is limited to emissions of 80 milligrams or less of VOC per
liter of gasoline loaded.
C. Both bulk plants and terminals are required to inspect vapor
balance or loading racks and VOC collection systems monthly for leaks
and to repair leaks within 15 days of discovery. Both bulk plants and
terminals are restricted to loading only vapor-tight gasoline tank
trucks and to loading tank trucks by submerged filling.
D. Section 23 requires gasoline dispensing facilities to install a
vapor balance system, submerged drop tubes for gauge well, vapor tight
caps and submerged fill loading on all storage vessels. Both sections
21 and 23 prohibit the transfer of gasoline into a storage tank or into
a tank truck unless vapor balance systems are properly used.
E. Section 24 requires gasoline tank trucks equipped for vapor
collection be tested at least annually for vapor-tightness and display
a sticker near the DOT certification plate that shows the date the
truck passed the vapor-tightness test, that shows the truck
identification number and that does not expire not more than 1 year
after the date of the test.
F. Sections 21, 22 and 23 also set standards for smaller facilities
and tanks: Bulk plants of less than 4,000 gallons per month are only
required to fill storage tanks or tank trucks by submerged filling and
to discontinue transfer operations if any leaks are observed. A vapor
balance system is not required on any tank with a capacity of 550
gallons or less at a bulk plant. However, such tanks are still subject
to the requirement that these tanks be filled by submerged filling.
Under section 23, dispensing facilities of less than 10,000 gallons per
month throughput and certain small storage tanks are required to be
loaded by submerged fill. These smaller storage tanks are those of less
than 2,000 gallon capacity constructed prior to January 1, 1979, of
less than 250 gallons capacity constructed after December 31, 1978, and
of less than 550 gallons capacity if used solely for fueling implements
of agriculture.
EPA's Evaluation: The regulations listed above are approvable as
SIP revisions because they conform to EPA guidance and comply with the
requirements of the Act. EPA has determined that the RACT standards are
no less stringent than the applicable CTG and other EPA guidance.
Because the standards set under section 22 are RACT, section 22 in
combination with the applicable portions of sections 1 to 9 and 41 to
48 is approvable to replace Series 24 in the West Virginia SIP.
State Submittal: Section 25 applies to any vacuum-producing system,
wastewater separator and process unit turnaround at petroleum
refineries. Uncondensed vapors from vacuum-producing systems must be
piped to a firebox or incinerator or compressed and added to the
refinery fuel gas. Wastewater separators must be equipped with covers
and seals on all separators and forebays. Lids and seals are required
on all openings in separators, forebays and their covers and must be
kept closed except when in use. During a process unit turnaround the
process unit must be vented to a vapor recovery system, flare or
firebox. No emissions are allowed from a process unit until the
internal pressure reaches 19.7 psia.
EPA's valuation: The regulation listed above is approvable as SIP
revisions because it conforms to EPA guidance and complies with the
requirements of the Act. EPA has determined that the RACT standards are
no less stringent than the applicable CTG.
State Submittal: Sections 26 and 29 regulate leaks from equipment
in VOC service at any process unit at a petroleum refinery or at any
natural gas/gasoline processing facility, respectively. Both require
open ended lines and valves to be sealed with a second valve, blind
flange, cap or plug except during operations requiring process fluid
flow. Both require quarterly leak monitoring of pumps in light liquid
service, valves, and compressors and require first attempt to repair
the leak within five calendar days of discovery and with final repair
within 15 calendar days. Both sections reference the leak detection
method found in section 46. Both allow less frequent monitoring of
unsafe-to- [[Page 6025]] monitor and difficult-to-monitor valves if a
written plan that requires, respectively, monitoring of unsafe-to-
monitor as frequently as practicable during safe to monitor periods and
at least annual leak monitoring of difficult-to-monitor valves. Under
both sections, valves in gas/vapor service and in light liquid service
may be monitored less frequently if the criteria of the skip period
leak detection and repair provisions are met and maintained. Both
sections allow certain equipment be exempt from the leak monitoring
program. These are: any pressure relief valve connected to a flare
header or operating vapor recovery device, any equipment in vacuum
service, any compressor with a degassing vent connected to an operating
VOC control device. Also exempted from a leak detection and repair is
any pump with dual seals at a natural gas/gasoline processing facility
and any pump with duel mechanical seals with a barrier fluid system at
refineries. Under section 26 pumps in heavy liquid service at
refineries must be leak checked using the method of section 46 only if
evidence of a leak is found by sight, sound or smell. Under section 29
pumps in heavy liquid service are exempted from the leak detection and
repair provisions. Under section 26 pressure relief valves at
refineries must be leak checked after each overpressure relief. Under
section 29 pressure relief valves must be leak checked within 5 days
unless monitored by non-plant personnel. In the latter case, monitoring
must be done the next time monitoring personnel are on site or within
30 days whichever is less.
EPA's Evaluation: The regulations listed above are approvable as
SIP revisions because they conform to EPA guidance and comply with the
requirements of the Act. EPA has determined that the RACT standards are
no less stringent than the applicable CTG. Because the standards set
under section 25 are RACT, section 25 in combination with the
applicable portions of sections 1 to 9 and 41 to 48 is approvable to
replace Series 23 in the West Virginia SIP.
State Submittal: Sections 27 and 28 regulate storage of petroleum
liquids. Both sections apply to any petroleum liquid storage tank over
40,000 gallons capacity. Section 27 applies to such tanks that are
equipped with an external floating roof. Section 28 applies to such
tanks that are of fixed roof construction. Section 27 prohibits storage
of petroleum liquid in an external floating roof tank unless the tank
is equipped a continuous secondary seal from the floating roof to the
tank wall, the seals are maintained so that there are no visible holes
or tears and the seals are intact and uniformly in place. Section 27
also sets design and operation and maintenance criteria for openings in
the external floating roof and for gaps in vapor-mounted primary seals.
Section 27 requires routine, semi-annual inspections of the roof and
seal and requires annual measurement of the seal gap in vapor-mounted
primary seals. Section 28 prohibits storage of petroleum liquid in a
fixed roof tank unless the tank is equipped an internal floating roof
equipped with closure seal(s) between the roof edge and tank wall, and
the seal(s) are maintained so that there are no visible holes or tears.
Section 28 also sets design, operational and maintenance criteria for
openings, drains and vents.
EPA's Evaluation: The regulations listed above are approvable as
SIP revisions because they conform to EPA guidance and comply with the
requirements of the Act. EPA has determined that the RACT standards are
no less stringent than the applicable CTG and other EPA guidance.
Because the standards set under section 28 are RACT, section 28 in
combination with the applicable portions of sections 1 to 9 and 41 to
48 is approvable to replace Series 21 in the West Virginia SIP.
State Submittal: Section 31 prohibits the manufacturing, storage,
mixing, storage, use and application of cutback asphalt during the
period from April 1 to October 31 of every year. Exemptions for long-
life stockpiling or use solely as a penetrating prime coat may be
granted by the Chief of the West Virginia Office of Air Quality.
Section 31 also prohibits the manufacturing, storage, mixing, storage,
use and application of emulsified asphalt containing VOC during the
period from April 1 to October 31 of every year.
EPA's Evaluation: The regulation listed above is approvable as SIP
revisions because it conforms to EPA guidance and complies with the
requirements of the Act. EPA has determined that the RACT standards are
no less stringent than the applicable CTG.
State Submittal: Section 36 covers drycleaning facilities using
perchloroethylene. Section 36 requires a carbon adsorption system for
the dryer exhaust. An emission limit of 100 parts per million
(volumetric) of VOC is established for the exhaust of this control
device. Coin-operated facilities, and facilities with inadequate space
or inadequate steam capacity to desorb adsorbers are exempt from the
requirement for a carbon adsorption system. Section 36 sets the
standards recommended in the CTG to minimize VOC emissions from leaks,
from treatment, handling and disposal of filters, and from wet wastes
from solvent stills.
EPA's Evaluation: The regulation listed above is approvable as SIP
revisions because it conforms to EPA guidance and complies with the
requirements of the Act. EPA has determined that the RACT standards are
no less stringent than the applicable CTG.
State Submittal: Section 39 covers air oxidation processes in the
synthetic organic chemical manufacturing industry (SOCMI). SOCMI is
defined as production, either as a final product or as an intermediate,
of any of the chemicals listed in 40 CFR 60.489. Covered are vent
streams from air oxidation reactors and from combinations of air
oxidation reactors and recovery systems. Section 39 requires VOC
emissions from these vent streams be no more than 20 parts per million
(volumetric, dry basis corrected to 3 percent oxygen) or be reduced by
98 percent whichever is less stringent or be burned in a flare that
meets the requirements of 40 CFR 60.18. Vent streams that have a total
resource effectiveness (TRE) index value greater than 1.0 are required
only to maintain the TRE index value greater than 1.0, to recalculate
the TRE index value after any process change and to install monitoring
devices on the final recovery device.
EPA's Evaluation: The regulation listed above is approvable as SIP
revisions because it conforms to EPA guidance and complies with the
requirements of the Act. EPA has determined that the RACT standards are
no less stringent than the applicable CTG.
State Submittal: Sections 41 to 48 comprise the test and compliance
methods applicable to more than one of the source categories of
sections 10 to 40. Section 48 specifies the quality control procedures
for continuous emission monitors. Each section requires that
adaptations to specified methods or alternative test methods must be
approved by the Chief of the West Virginia Office of Air Quality (the
Chief) and the U.S. EPA.
A. Section 41 requires that the methods of sections 42 to 47 be
used and sets the general requirements for test plans and testing
quality assurance programs. Test plans must be submitted to the Chief
at least 30 days prior to the testing, preliminary results within 30
days after completion and the final report within 60 days of the
completion of the testing. [[Page 6026]]
B. Section 42 specifies the methods to be used for sampling and
analyzing coatings and inks for VOC content. Specified methods for
determining VOC content are Method 24 of 40 CFR Part 60, Appendix A for
coatings and Method 24A of 40 CFR Part 60, Appendix A for inks.
C. Section 43 specifies the methods to be used by coating sources
for calculation of daily weighted average, of required overall emission
reduction efficiency and of equivalent emission limitations. Section
43.1 provides the formula for calculating the daily weighted average
VOC content. Section 43.2 specifies how the daily required control
efficiency is to be calculated. Provided are procedures: (1) to convert
the complying coating, emission limits from a mass VOC per gallon of
coating (less water and exempt solvent) basis to a solids basis, mass
VOC per gallon solids; (2) to calculate the required overall emission
reduction efficiency using the complying coating emission limit on a
solids basis and either the maximum actual VOC content (solids basis)
or the actual, daily-weighted average VOC (on a solids basis); (3) to
calculate the actual, daily-weighted average VOC (on a solids basis) of
the coatings used.
D. Section 44 and Appendix A specify the methods for measuring
capture efficiency and for calculating control device destruction or
removal efficiency.
1. Capture Efficiency
Four capture efficiency testing and calculation protocols are used:
Gas/gas methods using either a temporary total enclosure (TTE) or a
building enclosure (BE) as a TTE. Liquid/gas methods using either a BE
as a TTE or a TTE. The procedures in Appendix A to Series 21 are
specified for measuring the liquid input to the process, the mass of
gaseous, fugitive VOC that escapes and the mass of gaseous VOC
collected by the capture system. Procedure T of Appendix A to Series 21
contains the criteria for determining if a building or temporary
enclosure is a TTE. Procedure T also contains the criteria for
determining if a permanent enclosure is a Permanent Total Enclosure
(PTE). Section 44 exempts any PTE from capture efficiency testing.
2. Control Device Destruction or Removal Efficiency
Section 44.2 requires that the methods specified in Section 45 be
used for determining the flows and VOC concentrations in the inlets and
outlets of VOC control devices. Section 44 stipulates the formula for
calculating control device destruction or removal efficiency. Section
44.2 also requires continuous monitoring on carbon adsorption systems
and incinerators and specifies the requirements for such monitoring
systems.
3. Overall Capture and Control Efficiency
Section 44.3 requires that overall capture and control efficiency
be calculated as the product of the capture efficiency and the control
device efficiency.
E. Section 45 adopts reference methods found in 40 CFR Part 60,
Appendix A. The methods adopted are: Method 18, 25 or 25A for
determining VOC concentrations at the inlet and outlet of a control
device; only Method 25 is allowed for determining destruction
efficiency of thermal or catalytic incinerators. Method 1 or 1A for
velocity traverse. Method 2, 2A, 2B, 2C, or 2D for measuring velocity
and flow rates. Method 3 or 3A for determining oxygen and carbon
dioxide analysis. Method 4 for stack gas moisture. Section 45 also
specifies the number and length of tests.
F. Section 46 specifies leak detection methods. Method 21 of 40 CFR
Part 60, Appendix A is adopted.
G. Section 47 sets the performance specifications of systems for
the continuous emissions monitoring of total hydrocarbons as a
surrogate for measuring the total gaseous organic concentration in a
combustion gas stream.
H. Section 48 requires each owner or operator of a continuous
emissions monitor system (CEMS) to develop and implement a CEMS quality
control program. Section 48 defines the minimum requirements for such a
program.
EPA's Evaluation: The regulations listed above are approvable as
SIP revisions because they conform to EPA guidance and comply with the
requirements of the Act. EPA has determined that the test methods and
compliance procedures are no less stringent than that required by the
applicable CTG and pertinent EPA guidance.
As required by 40 CFR 51.102, the State of West Virginia has
certified that public hearings with regard to these proposed revisions
were held in Charleston, West Virginia on September 12, 1991.
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 April 3, 1995 unless, by March 3, 1995, adverse or critical
comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on the companion 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 April 3, 1995.
Final Action
EPA is approving sections 1 to 9, 11, 12, 14 to 19, 21 to 29, 31,
36, 39, 41 to 48 and Appendix A to West Virginia's Title 45, Series 21
as a revision to the West Virginia SIP. The State of West Virginia
submitted these amendments to EPA as a SIP revision on August 10, 1993.
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 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.
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
[[Page 6027]] 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).
This action has been classified as a Table 2 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by
an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation. 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 approving twenty VOC RACT regulations
for West Virginia must be filed in the United States Court of Appeals
for the appropriate circuit by April 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 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, Ozone,
Reporting and recordkeeping requirements.
Dated: November 10, 1994.
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 a sentence to the beginning
of paragraph (c)(25) introductory text, and by adding paragraph (c)(33)
to read as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(c) * * *
(25) As of July 7, 1993 the rules in this paragraph (c)(25) are
superseded by the rules contained in paragraph (c)(33) of this section.
* * *
* * * * *
(33) Revisions to the West Virginia State Implementation Plan
submitted on August 12, 1993 by the West Virginia Department of
Commerce, Labor & Environmental Resources.
(i) Incorporation by reference.
(A) Letter of August 10, 1993 from the West Virginia Department of
Commerce, Labor & Environmental Resources transmitting Title 45
Legislative Rules, Series 21, Regulation to Prevent and Control Air
Pollution from Emission of Volatile Organic Compounds.
(B) Title 45 Legislative Rules, Series 21, Regulation to Prevent
and Control Air Pollution from Emission of Volatile Organic Compounds,
sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 14, 15, 16, 17, 18, 19, 21,
22, 23, 24, 25, 26, 27, 28, 29, 31, 36, 39, 41, 42, 43, 44, 45, 46, 47,
and 48, and Appendix A, which were adopted May 26, 1993 and effective
July 7, 1993.
(ii) Additional material.
(A) Remainder of August 10, 1993 State submittal pertaining to the
rules referenced in paragraph (c)(33)(i) of this section.
(iii) Additional information.
(A) The rules in this paragraph (c)(33) supersede the rules
contained in paragraph (c)(25) of this section.
[FR Doc. 95-2399 Filed 1-31-95; 8:45 am]
BILLING CODE 6560-50-P
