[Federal Register Volume 62, Number 220 (Friday, November 14, 1997)]
[Rules and Regulations]
[Pages 61204-61205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30021]
[[Page 61203]]
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Part IV
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 69
United States Virgin Islands Final Ruling on Petition Pursuant to
Section 325(a)(1) of the Clean Air Act; Final Rule
Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 /
Rules and Regulations
[[Page 61204]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 69
[FRL-5920-8]
United States Virgin Islands Final Ruling on Petition Pursuant to
Section 325(a)(1) of the Clean Air Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rulemaking.
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SUMMARY: On June 10, 1997, the Environmental Protection Agency (EPA)
proposed to approve a petition submitted by the Governor of the U.S.
Virgin Islands which requested a waiver from certain Clean Air Act (the
Act) restrictions to the Hess Oil Virgin Islands Corporation (HOVIC) in
St. Croix. This exemption was proposed pursuant to section 325(a)(1) of
the Act. Specifically, the waiver would allow HOVIC to implement an
Intermittent Control Strategy (ICS) based on atmospheric conditions,
which is prohibited by section 123 of the Clean Air Act. The ICS would
alleviate potential exceedances of the National Ambient Air Quality
Standards for sulfur dioxide. In this action, EPA is promulgating this
waiver which allows the HOVIC refinery in St. Croix to implement an ICS
under conditions which will be specified in a federally enforceable
Prevention of Significant Deterioration of Air Quality (PSD) permit.
EFFECTIVE DATE: This rule will be effective December 15, 1997.
FOR FURTHER INFORMATION CONTACT: Annamaria Colecchia, Permitting
Section, Air Programs Branch, Division of Environmental Planning and
Protection, Environmental Protection Agency, Region 2 Office, 290
Broadway, 25th Floor, New York, New York 10007-1866, Telephone: (212)
637-4016.
SUPPLEMENTARY INFORMATION:
Background
On May 7, 1996, the Governor of the United States Virgin Islands
submitted a petition to the Administrator of the EPA for an exemption
from certain requirements of the Act. The petition, submitted pursuant
to Section 325(a)(1) of the Act, requests that the HOVIC refinery,
located on the island of St. Croix, be granted an exemption from
Section 123 of the Act which prohibits basing emission limitations
using an ICS. HOVIC concurrently submitted a proposed modification to
its existing Prevention of Significant Deterioration (PSD) permit to
the EPA. Air quality analyses submitted in support of the proposed PSD
modification indicated that although emissions of sulfur dioxide
(SO2) will be substantially reduced below the amount HOVIC
is currently permitted to emit, occasional exceedances of the 24-hr
National Ambient Air Quality Standard (NAAQS) for this pollutant could
occur, to the north of the facility, during those days that the wind
blows onshore for a persistent length of time.
The petition proposed to prevent these potential exceedances from
occurring by reducing the sulfur content of the fuel processed during
those time periods. Since this constitutes an ICS based on atmospheric
conditions, reliance upon which in an implementation plan is
specifically prohibited by the Act, the petition requested an exemption
from this requirement through provisions available under Section 325 of
the Act. Granting HOVIC's petition will make it possible for EPA to
consider, in a separate action, HOVIC's request for a PSD permit
modification. EPA is not entertaining HOVIC's PSD permit modification
request in this action.
EPA proposed approval of the petition on June 10, 1997 (62 FR
31546) and this proposal contained the description of the petition,
supporting documents and the minimum federally enforceable conditions
under which the ICS shall be implemented. These conditions will also
appear in a revised PSD permit. No comments were received on the
proposed rulemaking. It should be noted, that for clarity EPA added
some language into the CFR portion of this rulemaking which had
previously been included in the preamble to this proposal (i.e., ICS
must include a meteorological tower and ambient monitors).
Conclusion
Since HOVIC met the requirements in section 325 of the Act and EPA
received no comments during the public comment period, EPA is
promulgating this waiver to the HOVIC refinery in St. Croix under the
conditions specified in the proposed approval.
Administrative Requirements
Executive Order 12866
This action has been classified as a Table 3 action by the
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2215), as revised by a July 10, 1995,
memorandum from Mary Nichols, Assistant Administrator for Air and
Radiation. The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866 review.
Regulatory Flexibility
EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this final rule. EPA has also
determined that this rule will not have a significant economic impact
on a substantial number of small entities. This is because the final
rule applies only to the Hess Oil Virgin Islands refinery on St. Croix,
Virgin Islands. This facility is not a small entity, and the action
granting the petition will relieve the source from restrictions that
would otherwise apply.
Unfunded Mandates Reform Act
Under section 202 of the Unfunded Mandates Reform Act of 1995, EPA
must prepare a budgetary impact statement to accompany any 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 in any one year. 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 today's rule does not contain a Federal
mandate that may result in expenditures of $100 million or more in any
one year. This is because the rule is mainly deregulatory, relieving
(subject to conditions) the sole regulated entity of limitations that
would otherwise apply, and possibly resulting in resource savings to
the Hess Oil Virgin Islands refinery that would not likely be obtained
in the absence of today's rule. EPA has also determined that this rule
contains no regulatory requirements that might significantly or
uniquely affect small governments, since it imposes no additional
significant or unique burdens on the Virgin Islands to implement
today's rule.
List of Subjects in 40 CFR Part 69
Environmental protection, Air pollution control.
Dated: November 6, 1997.
Carol M. Browner,
Administrator.
For the reasons stated in the preamble, 40 CFR part 69 is amended
as set forth below:
[[Page 61205]]
PART 69--[AMENDED]
1. The authority citation for part 69 continues to read as follows
Authority: Sec 325(a), Clean Air Act, as amended (42 U.S.C.
7625-1).
2. Subpart D is added consisting of Sec. 69.41 to read as follows:
Subpart D--The U.S. Virgin Islands
Sec. 69.41 New exemptions.
(a) Pursuant to section 325(a) of the Clean Air Act and a petition
submitted by the Governor of the Virgin Islands, an exemption to
section 123 of the Clean Air Act is granted to the Hess Oil Virgin
Islands Corporation (HOVIC) at the St. Croix refinery. Specifically,
the exemption waives the prohibition on the implementation of an
Intermittent Control Strategy (ICS) based upon atmospheric conditions
in order to set emission limitations. The emission limitations shall
depend upon the sulfur content in the residual oil burned at the
refinery.
(b) The protocol to be followed for the ICS shall be set forth in a
Prevention of Significant Deterioration of Air Quality (PSD) permit
issued to HOVIC; and shall include as a minimum, the conditions listed
in paragraphs (b)(1), (b)(2), (b)(3), and (b)(4) of this section.
(1) HOVIC shall maintain a meteorological tower on its property for
the purpose of the ICS which meets the required EPA QA/QC operating
specifications. At a minimum, the wind direction data will be
monitored, collected and reported as 1-hour averages, starting on the
hour. If the average wind direction for a given hour is from within the
designated sector, the wind will be deemed to have flowed from within
the sector for that hour. Each ``day'' or ``block period'', for these
purposes will start at midnight and end the following midnight.
(2) HOVIC shall maintain SO2 ambient monitors and collect ambient
SO2 concentration data for the purpose of implementing the ICS at
nearby locations approved by EPA and specified in the PSD permit. The
ambient monitors must follow the required EPA QA/QC operating
specifications. At a minimum, the data will be collected according to
EPA approved State and Local Ambient Monitoring Stations procedures
found at 40 CFR 58.20, but will, for these purposes, be averaged by the
hour, starting on the hour.
(3) The switch to a lower sulfur fuel (0.5%) will take place when
paragraphs (b)(3)(i) or (b)(3)(ii) of this section are met.
(i) The winds blow from a 45 degree sector defined as 143 to 187
degrees inclusive, where zero degrees is due north, for at least 6
consecutive hours during a 24-hour block period or any 12 non-
consecutive hours during a 24 hour block period.
(ii) One of HOVIC's ICS monitors measures an average ambient SO2
concentration that is 75% of the 24-hour NAAQS during any rolling 24-
hour average. (75% of the 24-hour NAAQS = 274 ug/m3 or 0.105 ppm).
(4) The switch back to the higher sulfur fuel (1.0%) may occur if
the conditions in paragraphs (b)(4)(i), (b)(4)(ii), and (b)(4)(iii) of
this section are met.
(i) If the ICS was triggered by paragraph (b)(3)(i) of this
section, the switch back may occur when the winds blow outside the
sector listed in paragraph (b)(3)(i) of this section for at least 3
consecutive hours following the period during which the winds were
blowing inside the sector.
(ii) If the ICS was triggered by paragraph (b)(3)(ii) of this
section, the switch back may occur after all of HOVIC's ICS ambient
monitors measure a 24-hour average concentration which is less than 75%
of the NAAQS for at least one 24-hour block period following any
occurrence when the monitor measured the concentration which was 75% of
the NAAQS.
(iii) If the ICS was triggered by both paragraphs (b)(3)(i) and
(b)(3)(ii) of this section, the switch back may occur when both of the
conditions in paragraphs (b)(4)(i) and (b)(4)(ii) of this section are
met.
(c) The protocol may be modified by EPA to protect against
exceedances of the sulfur dioxide NAAQS.
(d) In the event that there is an exceedance of the NAAQS, HOVIC
will report the exceedance to EPA and recommend corrective action as
well as amendments to the protocol to ensure the protection of the
NAAQS.
(e) HOVIC must comply with all fuel switching requirements,
contained in HOVIC's PSD permit.
(f) This exemption shall take effect only in the event that a final
PSD permit modification becomes effective.
(g) The Administrator may terminate the exemption through
rulemaking procedures upon determining that HOVIC's use of the ICS is
causing or contributing to an exceedance of the NAAQS.
[FR Doc. 97-30021 Filed 11-13-97; 8:45 am]
BILLING CODE 6560-50-P
