[Federal Register Volume 60, Number 163 (Wednesday, August 23, 1995)]
[Rules and Regulations]
[Pages 43714-43718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20799]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[VA12-1-6863a, VA28-1-5997a; FRL-5262-8]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia (Approval of Miscellaneous Revisions)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions
submitted by the Commonwealth of Virginia. These revisions incorporate
changes adopted by Virginia in 1989 and 1993 into the federally
enforceable Virginia SIP. The intended effect of this action is to
revise the federally-approved SIP to reflect the current State
requirements. This action is being taken under section 110 of the Clean
Air Act.
DATES: This final rule is effective October 23, 1995 unless adverse or
critical comments are submitted before September 22, 1995. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate
Director, Air Programs, Mailcode 3AT00, 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 Virginia
Department of Environmental Quality, 629 East Main Street, Richmond,
Virginia 23219.
FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, (215) 597-1325.
[[Page 43715]]
SUPPLEMENTARY INFORMATION: In 1989 and in 1993, the Commonwealth of
Virginia submitted a series of amendments to its Regulations for the
Control and Abatement of Air Pollution as a formal revision to its
State Implementation Plan (SIP). These SIP revision submittals are
described below.
I. SIP Revision Submittal--April 12, 1989
On April 12, 1989, the Commonwealth of Virginia submitted a series
of administrative revisions to its Regulations to the Control and
Abatement of Air Pollution and requested that they be reviewed and
approved as revisions of the Virginia State Implementation Plan (SIP).
Virginia has amended the provisions of Parts I, IV, and VIII by 1)
revising the format of terms and definitions; and 2) incorporating by
reference certain governmental, scientific, and technical documents.
Virginia has also added an Appendix M (Documents Incorporated by
Reference) to its air pollution control regulations.
Virginia has certified that public hearings were held on May 5,
1986 for all of the above revisions in accordance with 40 CFR Section
51.102. The public hearing locations were Abingdon, Roanoke, Lynchburg,
Richmond, Virginia Beach, and Springfield.
Description of Revisions
The revised Virginia regulations are described below:
All Parts
For Specific terms being defined--
1. The general format is changed from all capital letters to the
first letter of the term being capitalized.
2. Quotation marks (`` '') are used at the beginning and end of the
term defined.
3. The word ``means'' is added after the term.
4. The definition has been revised to cite an updated or revised
reference document listed in Appendix M.
Unless stated otherwise, all definitions and terms listed below are
revised in accordance with the revised format stated above.
Part I--Definitions
Reference Method, Reid Vapor Pressure, Stationary Source, True
Vapor Pressure, Vapor Pressure.
Part IV--Emission Standards and Existing Sources
Rule 4-5 (Synthesized Pharmaceutical Products Manufacturing
Operations)
Section 120-08-0502C.--Definitions of: condenser, production
equipment exhaust system, reactor, synthesized pharmaceutical products
manufacturing.
Section 120-04-0504C.3.b. (Control Technology Guidelines)--Change
in reference method from ``state or local fire codes, or the National
Fire Prevention Association guidelines'' to National Fire Prevention
Association (NFPA) Standards 385, Standard for Tank Vehicles for
Flammable and Combustible Liquids, NFPA 30, Flammable and Combustible
Liquids Code; NFPA 30A, Automotive and Marine Service Station Code;
cross-reference to Appendix M.
Rule 4-21 (Sulfuric Acid Production Units)
Section 120-04-2102C.--Definitions of ``sulfuric acid mist'' and
``sulfuric acid production unit''.
Section 120-04-2110E. (Monitoring)--Virginia has revised the
citation of the technical document used to establish conversion factors
for the purpose of converting monitoring data into the units of the
applicable sulfur dioxide (SO2) standard. For Publication 999-AP-
13, the words ``National Air Pollution Control Administration'' has
been replaced with ``Atmospheric Emissions form Sulfuric Acid
Manufacturing Processes,' Public Health Service.'' The conversion
factor itself remains unchanged.
Rule 4-34 (Miscellaneous Metal Parts and Products Coating Application
Systems)
Section 120-04-3402C.--Definitions of: Application area, Carbon
adsorption system, Coating applicator, Extreme environmental
conditions, Flashoff area, Miscellaneous metal parts and products,
Major groups.
Rule 4-37 (Emission Standards for Petroleum Liquid Storage and
Transfer Operations)
Section 120-04-3702C.--Definitions of: Bulk gasoline plant, Bulk
gasoline terminal, Condensate, External floating roof, Gasoline,
Gasoline dispensing facility, Internal Floating Roof, Liquid-mounted,
Petroleum liquids, Petroleum refinery, Submerged fill pipe, vapor-
mounted, Vapor tight, Waxy, heavy pour crude oil.
Section 120-04-3704C.2.b. (Control Technology Guidelines)--Change
in reference method from ``state or local fire codes, or the National
Fire Prevention Association guidelines'' to National Fire Prevention
Association (NFPA) Standards 385, Standard for Tank Vehicles for
Flammable and Combustible Liquids, NFPA 30, Flammable and Combustible
Liquids Code; NFPA 30A, Automotive and Marine Service Station Code;
cross-reference to Appendix M.
Rule 4-41 (Emission Standards for Mobile Sources)
Section 120-04-4102C.--Definitions of: Mobile source, Motor
vehicle.
Section 120-04-4105B.2. (Export/Import of Motor Vehicles) Addition
of citations of Federal requirements (e.g., 19 CFR Part 12, 40 CFR Part
86).
Note: Virginia had also submitted revisions to other definitions
as part of their April 12, 1989 submittal. However, these
definitions were further revised by Virginia and submitted as a SIP
revision request on May 10, 1991. EPA approved these revised terms
as revisions to the Virginia SIP, and incorporated them by reference
in their entirety into the Virginia SIP at 40 CFR Section
52.2420(c)(99). Therefore, EPA will not review the revisions to
these definitions as part of this submittal action. The affected
definitions are:
Section 120-04-3402C.--Definitions of ``Clear Coating,''
``Coating application system,'' ``Extreme performance coatings,''
and ``Oven.''
Section 120-04-3702C.--Definitions of ``Crude oil'' and
``Custody transfer.''
Part VIII--Permits
Section 120-08-01 (Permits--New and Modified Stationary Sources)--
Section 120-08-01B3.--Terms defined: Allowable emissions, Begin
actual construction, Commence, Construction, Emissions units, Federally
enforceable, Fixed capital cost, Major modification, Major stationary
source, Modification, Modified source, Necessary preconstruction
approvals or permits, New source, Potential to emit, Public comment
period, Reactivation, Reconstruction, Secondary emissions, State
enforceable, Stationary source, Uncontrolled emission rate.
Section 120-08-01C.4.d. (General)--reference to good engineering
practice (GEP) stack height definitions.
Section 120-08-03 (Permits--Major Stationary Sources and Major
Modification Locating in Nonattainment Areas)
Section 120-08-03B.3. Terms defined:
1. All terms--the word ``means'' is added after the term.
2. Definition of ``Building, structure, or facility''--Reference to
publications which help define the expression ``Major Group'' are moved
from the paragraph defining this term to Appendix M.
Section 120-08-03N.7. (Offsets) The reference to Section IV.D of
Appendix S in 40 CFR Part 51 is reworded. This revision is considered
to be a format change and not a substantive change.
[[Page 43716]]
Appendix M (Added)
Appendix M lists all State and Federal requirements (both statutory
and regulatory), as well as specific technical and scientific reference
documents which Virginia incorporates by reference into its air
pollution control regulations. The scientific and technical document
consists of the following:
1. Standard Industrial Classification Manual, 1972, as amended by
the 1977 supplement (U.S. Government Printing Office stock numbers
4101-006 and 003-005-00176-0, respectively.
2. The following documents issued by the American Society for
Testing and Materials (ASTM): ``1985 Annual Book of ASTM Standards,''
Section 5, Volume 05.01, Test Methods D323-82, D97-66.
3. American Petroleum Institute (API) Document 2517, (February
1980).
4. National Fire Prevention Association (NFPA) Documents 385 (1985
Edition), 30 and 30A (1984 Edition).
5. Publication 999-AP-13, the words ``National Air Pollution
Control Administration'' has been replaced with ``Atmospheric Emissions
form Sulfuric Acid Manufacturing Processes,' Public Health Service.''
II. SIP Revision Submittal--February 12, 1993
On February 12, 1993, The Commonwealth of Virginia submitted
administrative amendments to its Regulations to the Control and
Abatement of Air Pollution and requested that they be reviewed and
approved as revisions of the Virginia State Implementation Plan (SIP).
Virginia has revised Appendix M (Documents Incorporated by Reference),
Sections II.A. through II.E. and II.G. to reflect all changes made in
the documents referenced therein through July 1, 1991. Virginia
certified that public hearings were held on July 1, 1992 in Abingdon,
Roanoke, Lynchburg, Fredericksburg, Richmond, Chesapeake, and
Springfield, in accordance with 40 C.F.R. Section 51.102.
Evaluation of State Submittals
The amendments submitted by Virginia in its April 12, 1989 SIP
revision request are administrative in nature and do not revise any
emission standards or exemption levels. Therefore, these SIP revisions
will have no adverse impact on the NAAQS. The documents listed above
are widely circulated and almost universally endorsed within the
regulatory and regulated community. Therefore, EPA finds the references
to these documents acceptable as a SIP revision. EPA's evaluation of
the revisions to Part VIII (Permits) are limited to the administrative
revisions described above. Since April 1989, the Commonwealth of
Virginia has submitted numerous substantive revisions to the provisions
of Part VIII. EPA's review and evaluation of these substantive
revisions will be addressed in a separate rulemaking action.
The documents submitted by Virginia on April 12, 1989 and February
12, 1993, and listed in Appendix M, consist of Federal regulations
codified in the Code of Federal Regulations (CFR), widely circulated
government documents, and widely circulated scientific and technical
documents. Any requirement contained in the CFR is already federally
enforceable.
Cross-references to Appendix M are found in various sections of
Part V (New and Modified Sources) of Virginia's air pollution control
regulations. In turn, Part V is cross-referenced in provisions of Part
VIII which are part of the SIP, and therefore federally enforceable.
EPA's approval of Appendix M would allow the Agency to ensure that New
Source Performance Standards requirements codified at 40 CFR part 60
are being applied to the applicable new and modified sources.
Because 40 CFR part 60 is already a Federal regulation, EPA cannot
approve the text found in Appendix M through the incorporation by
reference (IBR) procedures established at 1 C.F.R. Part 51, (the
mechanism used for incorporating State regulations into federally
enforceable regulations). Where conflicts exist between the most
current provisions of 40 CFR part 60 and those which existed as of July
1, 1991, EPA will apply the most current provisions of 40 CFR part 60.
Virginia did not submit, as part of the SIP revision request,
actual copies of the scientific and technical documents cross-
referenced in Parts I, IV and VIII. Therefore, EPA considers the IBR
process to be inappropriate for incorporating the text of Appendix M
into the SIP. However, these documents listed in Appendix M are widely
available, and can be easily obtained from libraries, professional
societies such as ASTM, the National Technical Information Service
(NTIS), and the Government Printing Office (GPO). Therefore, EPA has
determined that the documents listed in Appendix M are to be considered
as part of the federally-enforceable SIP. EPA's approval action is
confined to Sections II.A. through II.E. and Section II.G. of Appendix
M, which lists the specific documents to be cited in the federally
enforceable Virginia SIP. The remainder of Appendix M contains text
which pertains to internal State administrative processes and control
of hazardous materials, neither of which is governed by the SIP.
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 published
elsewhere in this Federal Register, EPA is proposing to approve the SIP
revision should adverse or critical comments be filed. This action will
be effective October 23, 1995 unless, within 30 days of publication,
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 this action serving as a
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 October 23, 1995.
Final Action
EPA is approving the revisions to Parts I, IV and VIII, and the
addition of Appendix M submitted by Virginia on April 12, 1989 as a
revision to the Virginia SIP. EPA is also approving the additional
revisions to Appendix M submitted on February 12, 1993 as a revision to
the Virginia SIP. Accordingly, 40 CFR 52.2420 (Identification of Plan)
is revised to reflect EPA's approval of the revisions to Parts I, IV,
and VIII, and 40 CFR 52.2423 (Approval status) is revised by adding
subsections (m) and (n) to reflect EPA's approval of Virginia's
Appendix M, Sections II.A. through II.E. and II.G. into the SIP
regulations.
The Agency has reviewed Virginia's April 12, 1989 submittal 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
[[Page 43717]]
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 CAA, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
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 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 action must be filed in the United States Court
of Appeals for the appropriate circuit by October 23, 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 to approve miscellaneous administrative
revisions to the Virginia SIP 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur Oxides.
Dated: July 6, 1995.
W.T. Wisniewski,
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 VV--Virginia
2. Section 52.2420 is amended by adding paragraph (c)(105) to read
as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
(105) Revisions to the Virginia Regulations For the Control and
Abatement of Air Pollution submitted on April 12, 1989 by the Virginia
Department of Air Pollution Control:
(i) Incorporation by reference.
(A) Letter from the Virginia Department of Air Pollution Control
dated April 12, 1989 submitting a revision to the Virginia State
Implementation Plan.
(B) The following provisions of the Virginia regulations, effective
October 1, 1986.
(1) Part I Definitions. Section 1.02 (Definitions of ``Reference
method,'' ``Reid vapor pressure,'' ``Stationary source,'' ``True vapor
pressure'' and ``Vapor pressure'').
(2) Part IV Emission Standards from Existing Sources.
Rule 4-5, Sections 120-08-0502C. (Definitions of ``Condenser,''
``Production equipment exhaust system,'' ``Reactor'' and
``Synthesized pharmaceutical products manufacturing'') and 120-04-
0504C.3.b. (Control Technology Guidelines)
Rule 4-21, Sections 120-04-2102C. (Definitions of ``Sulfuric
acid mist'' and ``Sulfuric acid production unit'') and 120-04-2110E.
(Monitoring)
Rule 4-34, Section 120-04-3402C. (Definitions of ``Application
area,'' ``Carbon adsorption system,'' ``Coating applicator,''
``Extreme environmental conditions,'' ``Flashoff area,''
``Miscellaneous metal parts and products'' and ``Major groups'')
Rule 4-37, Sections 120-04-3702C. (Definitions of ``Bulk
gasoline plant,'' ``Bulk gasoline terminal,'' ``Condensate,''
``External floating roof,'' ``Gasoline,'' ``Gasoline dispensing
facility,'' ``Internal floating roof,'' ``Liquid-mounted,''
``Petroleum liquids,'' ``Petroleum refinery,'' ``Submerged fill
pipe,'' ``vapor-mounted,'' ``Vapor tight'' and ``Waxy, heavy pour
crude oil'') and 120-04-3704C.2.b (Control Technology Guidelines)
Rule 4-41, Sections 120-04-4102C. (Definitions of ``Mobile
source'' and ``Motor vehicle'') and 120-04-4105B.2. (Export/Import
of Motor Vehicles)
(3) Part VIII Permits.
Section 120-08-01 (Permits--New and Modified Stationary
Sources), subsections 120-08-01B3. (definitions of ``Allowable
emissions,'' ``Begin actual construction,'' ``Commence,''
``Construction,'' ``Emissions units,'' ``Federally enforceable,''
``Fixed capital cost,'' ``Major modification,'' ``Major stationary
source,'' ``Modification,'' ``Modified source,'' ``Necessary
preconstruction approvals or permits,'' ``New source,'' ``Potential
to emit,'' ``Public comment period,'' ``Reactivation,''
``Reconstruction,'' ``Secondary emissions,'' ``State enforceable,''
``Stationary source'' and ``Uncontrolled emission rate'') and 120-
08-01C.4.d. (General)
Section 120-08-03 (Permits--Major Stationary Sources and Major
Modifications Locating in Nonattainment Areas), subsections 120-08-
03B.3. (all terms) and 120-08-03N.7. (Offsets)
(ii) Additional material.
(A) Remainder of February 12, 1989 State submittal pertaining to
the revised provisions of Parts I, IV and VIII.
3. Section 52.2423 is amended by adding paragraphs (m) and (n) to
read as follows:
Sec. 52.2423 Approval status.
* * * * *
(m) EPA approves as part of the Virginia State Implementation Plan
the documents listed in Appendix M, Sections II.A. through II.E and
Section II.G. of the Virginia Regulations for the Control and Abatement
of Air Pollution
[[Page 43718]]
submitted by the Virginia Department of Air Pollution Control on April
12, 1989.
(n) EPA approves as part of the Virginia State Implementation Plan
the revised references to the documents listed in Appendix M, Sections
II.A. and II.B. of the Virginia Regulations for the Control and
Abatement of Air Pollution submitted by the Virginia Department of Air
Pollution Control on February 12, 1993.
[FR Doc. 95-20799 Filed 8-22-95; 8:45 am]
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