[Federal Register Volume 59, Number 162 (Tuesday, August 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20636]
[[Page Unknown]]
[Federal Register: August 23, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[VA9-7-5473; FRL-5052-4]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Revised Good Engineering Practice Stack Height Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Virginia. This revision establishes
that the degree of emission limitation required for the control of any
air pollutant is not affected by that portion of the stack height which
exceeds good engineering practice (GEP) or by any other dispersion
technique. The revision is consistent with the stack height provisions
under EPA's ``Requirements for Preparation, Adoption and Submittal of
Implementation Plans--Control Strategy.'' The intended effect of this
action is to approve a SIP revision consisting of a stack height
regulation adopted by the Commonwealth of Virginia. This action is
being taken under section 110 of the Clean Air Act.
EFFECTIVE DATE: This final rule will become effective on September 22,
1994.
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; the Air and Radiation Docket and Information Center, U.S.
Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460; and Virginia Department of Environmental Quality, 629 East Main
Street, P.O. Box 10089, Richmond, Virginia 23240.
FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, (215) 597-1325.
SUPPLEMENTARY INFORMATION: On October 19, 1987 (52 FR 38787), EPA
published a notice of proposed rulemaking (NPR) for the Commonwealth of
Virginia. The NPR proposed approval of revisions to parts I, IV and V
of Virginia's Regulations for the Control and Abatement of Air
Pollution governing numerous revisions including good engineering
practice (GEP) stack height provisions. No public comments were
received on the NPR. The formal SIP revision had been submitted to EPA
by Virginia on May 12, 1986. Virginia had adopted this regulation to
conform to the July 8, 1985 promulgation of the revised GEP stack
height regulation.
Virginia's SIP revision request consists of amendments to its
regulations that restrict the degree to which industrial sources of air
pollution may rely on dispersion pollution, using tall smoke stacks and
other techniques as substitutes for constant emission controls.
Revisions to Part I--Definitions
Revised
Dispersion Technique, Elevated Terrain, Excessive Concentrations,
GEP Stack Height, Nearby, Stack, Stack in Existence
Deleted
Elevated Terrain, Plume Impaction
Revisions to Part IV--Control of Emissions from Existing Sources
REVISED REGULATION: Section 120-02-04I.
The amended provisions reflect the revised the definition of the
term ``GEP stack height.'' The amended provisions also specifically
exempt the following classes of sources:
1. Stack heights in existence as of 12/31/70, except where
pollutants are being emitted or using dispersion techniques which were
constructed, reconstructed, or carried out after 12/31/70.
2. Coal-fired steam electric generating units subject to the
provisions of section 118 of the Clean Air Act, which commenced
operation before 7/1/57, and whose stacks were constructed under a
contract awarded before 2/8/74.
Revisions to Part V--New and Modified Sources
REVISED REGULATION: Section 120-05-02H.
EPA Evaluation
EPA has evaluated Virginia's SIP revision request and has concluded
the following: (1) The GEP stack height requirements will not adversely
affect Virginia's ability to enforce the currently applicable emission
limits which adequately protect the national ambient air quality
standards (NAAQS); (2) the GEP stack height requirements are clearly
enforceable; and (3) the applicable requirements of 40 CFR part 51 have
been met. A more detailed evaluation is provided in a Technical Support
Document available upon request from the Regional EPA office listed in
the ADDRESSES section of this document.
Final Action
EPA is approving Virginia's GEP stack height provisions submitted
on May 16, 1986 as a revision to the Virginia SIP.
The Agency has reviewed this request for revision of the Federally-
approved State implementation plan for conformance with the provisions
of the 1990 amendments enacted on November 15, 1990. The Agency has
determined that this action conforms with those requirements
irrespective of the fact that the submittal preceded the date of
enactment.
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.
This action has been classified as a Table 3 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 must be filed in the United States Court
of Appeals for the appropriate circuit by October 24, 1994. 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 Virginia's GEP stack height
regulations 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, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: August 4, 1994.
Peter H. Kostmayer,
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 VV--Virginia
2. Section 52.2420 is amended by adding paragraph (c)(91) to read
as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
(91) Revisions to the State Implementation Plan for the good
engineering practice (GEP) stack height requirements submitted on May
12, 1986 by the Virginia State Air Pollution Control Board:
(i) Incorporation by reference.
(A) Letter of May 12, 1986 from the Executive Director, Virginia
State Air Pollution Control Board, transmitting the revised good
engineering practice (GEP) stack heights requirements.
(B) Revised Regulations 120-01-02 (Revised definitions of
dispersion technique, elevated terrain, Excessive Concentrations, GEP
Stack Height, Nearby, Stack, Stack in Existence), 120-04-02I, and 120-
04-02H of the Virginia Regulations for the Control and Abatement of Air
Pollution, adopted April 7, 1986, and effective June 6, 1986.
(C) Deletion of the following definitions from Regulation 120-01-
02: Elevated Terrain, Plume Impaction
(ii) Additional material.
(A) Remainder of the official State submittal, transmitted on May
16, 1986.
* * * * *
[FR Doc. 94-20636 Filed 8-22-94; 8:45 am]
BILLING CODE 6560-50-P
