[Federal Register Volume 59, Number 74 (Monday, April 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8972]
[[Page Unknown]]
[Federal Register: April 18, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region II Docket No. 104, VI1-1-5096; FRL-4827-6]
Approval and Promulgation of Implementation Plans; Revision to
the U.S. Virgin Islands Implementation Plan
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: With one exception, the Environmental Protection Agency (EPA)
is approving a request from the U.S. Virgin Islands to revise its air
pollution control plan prepared under the Clean Air Act to include a
comprehensive revision to the Virgin Islands' air pollution control
regulations.
EPA is approving a special 1.5 percent sulfur content limit for
residual fuel oil used by two specific sources, however, EPA is
disapproving this special limit for Martin Marietta, St. Croix (now
known as Virgin Islands Alumina Corporation).
EPA is approving subsections 204-40(e) of ``Reports, Sampling and
Analysis of Waste Fuels A and B,'' and 206-25(c) of ``Test Methods.''
However, these provisions permit the Commissioner to approve alternate
requirements that are not incorporated in the Virgin Islands
Implementation Plan. Any variances adopted pursuant to these
subsections become applicable only if approved by EPA.
EFFECTIVE DATE: This action will be effective May 18, 1994.
ADDRESSES: Copies of the materials submitted by the Virgin Islands may
be examined during normal business hours at the following locations:
U.S. Environmental Protection Agency, Library, 26 Federal Plaza, room
402, New York, New York 10278
Government of the Virgin Islands, Department of Planning and Natural
Resources, Building 111, Apartment 114, Water Gut Homes, Christiansted,
St. Croix 00820
Government of the Virgin Islands, Department of Planning and Natural
Resources, 45A Estate Nisky, Nisky Center, suite 231, St. Thomas 00820
Environmental Protection Agency, Air Docket, 6102, 401 M Street, SW.,
Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: William Baker, Chief, Air Programs
Branch, U.S. Environmental Protection Agency, 26 Federal Plaza, room
1034B, New York, New York 10278, (212) 264-2517.
SUPPLEMENTARY INFORMATION: On March 20, 1987, the Virgin Islands
Department of Planning and Natural Resources (DPNR) submitted revisions
to title 12, chapter 9, subchapters 204 and 206 of the Virgin Islands
Code, effective January 15, 1987, to the Environmental Protection
Agency (EPA) for incorporation into the Virgin Islands Implementation
Plan. Specific revisions to Subchapter 204 included the amending of
sections 204-20 through 204-23, 204-25, 26, 28, 29 and the addition of
new sections 204-33, 35, 36, 37, 38, 39, 40, 41 and 45. Specific
revisions to subchapter 206 include amending and redesignating sections
206-23 through 206-30 as sections 206-24 through 206-31, and the
addition of a new section 206-23. The DPNR held public hearings on
these revisions in St. Thomas on September 8 and 9, 1986.
On December 14, 1989 (54 FR 51303), EPA published a Federal
Register notice proposing to approve all but one of the comprehensive
revisions to the Virgin Islands' submittal. Specifically, EPA proposed
to disapprove subsection 204-26(a)(2), which allowed a special 1.5
percent sulfur in residual fuel limit for Martin Marietta, now known as
Virgin Islands Alumina Corporation. The December 14, 1989 Federal
Register notice solicited comments on the revised regulations and EPA's
proposed action in response to the revisions. No comments were
received.
EPA is approving the revised regulations as part of the Virgin
Islands Implementation Plan except for the disapproval of subsection
204-26(a)(2) as it relates to Martin Marietta (VI Alumina Corporation).
In subsection 204-26(a)(2) the maximum allowable sulfur content of
distillate and residual oil expressed in percent by weight are now 0.3
and 0.5, respectively, for all of the Virgin Islands except for the
special 1.5 percent sulfur content limit for residual fuel oil used by
two specific sources (Hess Oil in St. Croix and Virgin Islands Water
and Power Authority in St. Thomas).
It should be noted that EPA also is taking action at this time to
approve a control strategy demonstration for sulfur dioxide as it
relates to the Virgin Islands Water and Power Authority (VIWAPA) plant
in St. Croix, based on the attainment demonstration included in its
Prevention of Significant Deterioration of Air Quality (PSD) permit
application. EPA has received and approved the PSD permit attainment
demonstration, which conforms to EPA's ``Guideline on Air Quality
Models (Revised 1986).''
On December 28, 1992, EPA approved a PSD permit for four units at
VIWAPA's north shore facility in St. Croix. A revised attainment
demonstration required to be included in the permit application
specified a 0.33 percent sulfur content limit in No. 6 residual fuel
oil for the two existing boilers and a 0.2 percent sulfur content limit
in No. 2 distillate fuel oil in the remaining units. Although a 0.5
percent sulfur content limit in residual fuel oil and a 0.3 percent
sulfur content limit in distillate fuel oil for the VIWAPA plant in St.
Croix are included in subsection 204-26(a)(2) and approved under this
action, this limit has been superseded by the limits contained in
VIWAPA's PSD permit. The PSD permit meets all applicable requirements
of the PSD regulations codified in 40 CFR 52.21 and the Clean Air Act.
On August 12, 1986 EPA sent a letter to the Governor of the Virgin
Islands notifying him that the Virgin Island Implementation Plan was
substantially inadequate to achieve and maintain the National Ambient
Air Quality Standards (NAAQS) for sulfur dioxide as it relates to
VIWAPA's north shore facility in St. Croix. EPA's approval of the lower
sulfur in fuel oil limitations included in the PSD permit for VIWAPA
and the State Implementation Plan (SIP) revision rectify this
inadequacy and is consistent with the Clean Air Act Amendments (Act),
enacted on November 15, 1990, requirements of attaining and maintaining
the NAAQS for sulfur dioxide.
EPA also is approving section 204-28, which establishes new opacity
limits for internal combustion engines, and section 204-37, which
provides for the regulated use of waste fuel oils. These approvals are
based on certain understandings which were described in EPA's proposal.
Approval of section 204-25, which regulates sources of fugitive
emissions, is based upon EPA's definition of the term ``fugitive
emissions,'' since the existing and revised regulations did not include
a definition of this term.
EPA is approving subsections 204-40(e) and 206-25(c) where methods
other than the Reference Methods contained in parts 60 and 61 of title
40 of the Code of Federal Regulations (40 CFR) are used to demonstrate
compliance. These subsections permit the Commissioner to approve
alternate requirements in those instances where the source is unable to
make use of the reference methods. They are intended to allow the
Commissioner to respond to situations which were not envisioned when
the specific requirements were adopted, yet insure that the source
complies with the intent of the regulation. While EPA understands the
need for such provisions, any changes which affect the SIP approved
emission limits used to demonstrate attainment and maintenance of the
NAAQS must be federally enforceable and, therefore, must be addressed
through revisions to the SIP. EPA can only accept alternate
requirements if these changes are approved by EPA.
EPA also is revising the Table at 40 CFR 52.2773, ``EPA-approved
Virgin Islands regulations,'' to reflect these newly adopted
regulations. The Table previously referenced the date the regulation
was submitted, but has now been changed to refer to the date when the
regulation became effective.
Sections 206-30 and 206-31 have been renumbered to Sections 206-31
and 206-32, respectively. EPA's previous determination concerning their
approvability remains, along with the previous effective and approved
dates.
This SIP revision is intended to strengthen the Virgin Islands
Implementation Plan, (especially with regard to sulfur dioxide and
particulates), by incorporating revised and new regulations which are
consistent with the Act as interpreted in current EPA guidance.
Although this SIP revision was not intended to fulfill any specific
provision of the Act, EPA is approving the revision under section 110
of the Act, because it serves to strengthen the Virgin Islands
Implementation Plan and it is consistent with the Act's requirements
for attaining and maintaining the NAAQS for sulfur dioxide and
particulate matter.
Conclusion
EPA is approving a special 1.5 percent sulfur content limit for
residual fuel oil used by two specific sources, however, EPA is
disapproving this special limit for Martin Marietta, St. Croix (VI
Alumina Corporation). Martin Marietta, St. Croix (VI Alumina
Corporation) is required to burn the maximum allowable sulfur content
of distillate and residual oil expressed in percent by weight of 0.3
and 0.5, respectively, in order to meet the PSD requirements specified
in part C of the Act.
EPA is approving subsections 204-40(e) of ``Reports, Sampling and
Analysis of Waste Fuels A and B,'' and 206-25(c) of ``Test Methods.''
However, these provisions permit the Commissioner to approve alternate
requirements that are not incorporated in the SIP. Any variances
adopted pursuant to these subsections become applicable only if
approved by EPA.
EPA's approval of the SIP revision, specifically the lower sulfur
in fuel oil limitations and modeling demonstration for St. Croix
included in the PSD permit for VIWAPA, rectify the SIP inadequacy to
achieve and maintain the primary NAAQS for sulfur dioxide identified in
the August 12, 1986 letter sent to the Governor of the Virgin Islands.
This notice is issued as required by section 110 of the Act. The
Regional Administrator's decision regarding the approval of this plan
revision is based on its meeting the requirements of section 110 of the
Act and 40 CFR part 51.
Nothing in this rule should be construed as permitting, allowing or
establishing a precedent for any future request for revision to any
SIP. Each request for a 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.
This rule makes final the action proposed at 54 FR 51303, December
14, 1989. As noted elsewhere in this notice, EPA received no adverse
public comments on the proposed rule. As a direct result, the Regional
Administrator has reclassified this rule from Table 1 to Table 2 under
the processing procedures established at 54 FR 2214, January 19, 1989.
EPA has submitted a request for a permanent waiver for Table 2 and
Table 3 SIP revisions. The Office of Management and Budget has agreed
to continue the temporary waiver until such time as it rules on EPA's
request.
Under section 307(b)(1) of the Act, petitions for judicial review
of this rule must be filed in the United States Court of Appeals for
the appropriate circuit within 60 days from date of publication. 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 rule may not be challenged later in proceedings to
enforce its requirements. (See 307(b)(2).)
List of Subjects in 40 CFR Part 52
Air pollution control, Hydrocarbons, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Nitrogen dioxide.
Editorial Note: This document was received by the Office of the
Federal Register on April 8, 1994.
Dated: December 30, 1993.
William J. Muszynski,
Acting Regional Administrator.
Title 40, chapter I, part 52, Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
1. The authority citation for part 52 continues to read as follows:
Authority : 42 U.S.C. 7401-7671q.
Subpart CCC--Virgin Islands
2. Section 52.2770 is amended by adding new paragraph (c)(17) as
follows:
Sec. 52.2770 Identification of plan.
* * * * *
(C) * * *
* * * * *
(17) Comprehensive revisions to Virgin Islands air pollution
control regulations submitted on March 20, 1987 by the Virgin Islands
Department of Planning and Natural Resources.
(i) Incorporation by reference:
(A) Revised sections 20 through 23, 25, 26, 28, 29, 33, 35 through
41, and 45 of subchapter 204, chapter 9, title 12 of the Virgin Islands
Code, effective January 15, 1987.
(B) Revised sections 20 through 31 of subchapter 206, chapter 9,
title 12 of the Virgin Islands Code, effective January 15, 1987.
(ii) Additional material:
(A) July 1988 Modeling Analysis for CEC Energy Co., Inc.
(B) July 11, 1989 letter from Ted Helfgott, Amerada Hess
Corporation to Raymond Werner, U.S. Environmental Protection Agency,
Region II, New York.
(C) December 28, 1992 Prevention of Significant Deterioration of
Air Quality permit for Virgin Islands Water and Power Authority at St.
Croix's north shore facility.
3. Section 52.2773 is revised to read as follows:
Sec. 52.2773EPA-Approved Virgin Islands Regulations
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Territory Effective
regulation date EPA approval date Comments
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Section 204-20, 1/15/87 [Date and citation ``Fugitive
``Definitions''. of this notice]. emissions'' will
be defined as at
40 CFR
52.21(b)(20).
Section 204-21, 1/15/87 [Date and citation
``Regulations to of this notice].
Control Open
Burning''.
Section 204-22, 1/15/87 [Date and citation
``Regulations to of this notice].
Control Emission
of Visible Air
Contaminants''.
Section 204-23, 1/15/87 [Date and citation
``Regulations of this notice].
Governing Emission
of Particulate
Matter''.
Section 204-24, 3/2/71 5/31/72, 37 FR
``Storage of 10905.
Petroleum or Other
Volatile
Products''.
Section 204-25, 1/15/87 [Date and citation
``Fugitive of this notice].
Emissions''.
Section 204-26, 1/15/87 [Date and citation Subsection 204-
``Sulfur Compounds of this notice]. 26(a)(2) is
Emission Control''. disapproved for
three Martin
Marietta (VI
Alumina Corp),
St. Croix,
sources. For
applicable
limits, refer to
PSD permit for
the facility.
Section 204-27, 3/2/71 5/31/72, 37 FR
``Air Pollution 10905.
Nuisances
Prohibited''.
Section 204-28, 1/15/87 [Date and citation
``Internal of this notice].
Combustion Engine
Limits''.
Section 204-29, 1/15/87 [Date and citation
``Upset, Breakdown of this notice].
or Scheduled
Maintenance''.
Section 204-30, 3/2/71 5/31/72, 37 FR
``Circumvention''. 10905.
Section 204-31, 3/2/71 5/31/72, 37 FR
``Duty to Report 10905.
Discontinuance or
Dismantlement''.
Section 204-32, 3/2/71 5/31/72, 37 FR
``Variance 10905.
Clauses''.
Section 204-33, 1/15/87 [Date and citation
``Air Pollution of this notice].
Emergencies''.
Section 204-35, 1/15/87 [Date and citation
``Continuous of this notice].
Emission
Monitoring''.
Section 204-36, 1/15/87 [Date and citation
``Eligibility to of this notice].
Burn Waste Fuel
A''.
Section 204-37, 1/15/87 [Date and citation
``Eligibility to of this notice].
Burn Waste Fuels A
and B''.
Section 204-38, 1/15/87 [Date and citation
``Permit and/or of this notice].
Certificate
Requirement for
Waste Oil
Facilities''.
Section 204-39, 1/15/87 [Date and citation Reference to Table
``Sale or Use of of this notice]. 1 in this
Waste Fuels A and subsection refers
B''. to Table 1 found
in Section 204-
20.
Section 204-40, 1/15/87 [Date and citation Variances adopted
``Reports, of this notice]. pursuant to
Sampling and subsection 204-
Analysis of Waste 40(e) become
Fuels A and B''. applicable only
if approved by
EPA as SIP
revisions.
Section 204-41, 1/15/87 [Date and citation
``Existing Air of this notice].
Contamination
Sources for Waste
Fuel''.
Section 204-45, 1/15/87 [Date and citation
``Standards of of this notice].
Performance for
Sulfur Recovery
Units at Petroleum
Refineries''.
Section 206-20, 1/15/87 [Date and citation
``Permits of this notice].
Required''.
Section 206-21, 1/15/87 [Date and citation
``Transfer''. of this notice].
Section 206-22, 1/15/87 [Date and citation
``Applications''. of this notice].
Section 206-23, 1/15/87 [Date and citation
``Application and of this notice].
Permit Fees''.
Section 206-24, 1/15/87 [Date and citation
``Cancellation of of this notice].
Applications''.
Section 206-25, 1/15/87 [Date and citation Variances adopted
``Test Methods''. of this notice]. pursuant to
subsection 206-
25(c) become
applicable only
if approved by
EPA as SIP
revisions.
Section 206-26, 1/15/87 [Date and citation
``Permits to of this notice].
Construct''.
Section 206-27, 1/15/87 [Date and citation
``Permits to of this notice].
Operate''.
Section 206-28, 1/15/87 [Date and citation
``Permit of this notice].
Modifications,
Suspensions or
Revocations and
Denials''.
Section 206-29, 1/15/87 [Date and citation
``Further of this notice].
Information''.
Section 206-30, 1/15/87 [Date and citation
``Appeals''. of this notice].
Section 206-30, 10/11/73 8/10/75, 40 FR Subsection 206-
``Review of New 42013. 30(f)(6) is
Sources and disapproved since
Modifications''. sources of minor
significance are
not identified in
Section 206-30. A
federally
promulgated
regulation (40
CFR 52.2775(g)),
correcting this
deficiency and a
public
participation
deficiency, is
applicable.
Two separate
subsections are
numbered 206-30
and are listed
here with their
separate titles.
Section 206-31, 10/11/73 8/10/75, 40 FR
``Review of New or 42013 .
Modified Indirect
Sources''.
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[FR Doc. 94-8972 Filed 4-15-94; 8:45 am]
BILLING CODE 6560-50-P
