Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Virginia; Control of VOC Emissions RACT Fix-Ups

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VA5-1-6019; FRL-4851-1]

Approval and Promulgation of Air Quality Implementation Plans;

Commonwealth of Virginia; Control of VOC Emissions RACT Fix-Ups

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision

submitted by the Commonwealth of Virginia. This revision establishes

and requires the implementation of revised SIP regulations to control

volatile organic compounds (VOCs). The intended effect of this action

is to approve these revisions to the VOC regulations. This action is

being taken in accordance with the provisions of the Clean Air Act.

EFFECTIVE DATE: This final rule will become effective on May 2, 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; Air Docket, 6102, U.S. Environmental Protection Agency, 401 M

Street, SW., Washington, DC 20460; Virginia Department of Environmental

Quality, 629 East Main Street, Richmond, Virginia, 23240.

FOR FURTHER INFORMATION CONTACT: Cristina M. Schulingkamp, (215) 597-

0545.

SUPPLEMENTARY INFORMATION: On June 25, 1993, (58 FR 34392), EPA

published a notice of proposed rulemaking (NPR) for the Commonwealth of

Virginia. The NPR proposed approval of reasonably available control

technology (RACT) revisions to the SIP regulations to control VOCs. The

SIP revision was submitted by the Commonwealth of Virginia on May 10,

1991.

Specific requirements of the revised VOC emissions regulations and

the rationale for EPA's proposed action are explained in the notice of

proposed rulemaking (NPR) and will not be restated here. One public

comment was received on the NPR concerning the Capture Efficiency Test

Method (CE) portion of the SIP revision. The Flexible Packaging

Association commented that it believes the use of temporary total

enclosures (TTE) has not been proven and is requesting an extension of

the original six month moratorium on the mandatory use of TTEs, which

expired on July 1, 1993. The Flexible Packaging Association agreed to

run simultaneous testing using a TTE method as well as a non-enclosed

method. This testing took place on August 9-20, 1993 at Clemson

University.

EPA's moratorium on the implementation of TTEs was extended to

January 1, 1994. Therefore, an extension was granted on the

implementation of TTE. On January 1, 1994, the mandatory use of TTEs

became effective. This CE test method is required until and unless EPA

approves the use of an alternate CE test method.

Final Action

EPA is approving the SIP revision submitted by the Commonwealth of

Virginia on May 10, 1991, which corrects the Commonwealth's VOC RACT

regulations.

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 SIP shall be considered separately in light of specific technical,

economic, and environmental factors and in relation to relevant

statutory and regulatory requirements.

This action approving revisions to correct Virginia's SIP VOC

regulations 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). On January 6,

1989, the Office of Management and Budget waived Table 2 and Table 3

SIP revisions from the requirements of section 3 of Executive Order

12291 for a period of two years.

EPA has submitted a request for a permanent waiver for Table 2 and

3 SIP revisions. OMB has agreed to continue the temporary waiver until

such time as it rules on EPA's request.

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 May 31, 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 pertaining to the Commonwealth of

Virginia's VOC RACT (fixups) 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

Air pollution control, Incorporation by reference, Ozone, Reporting

and recordkeeping requirements.

Dated: January 6, 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 VV--Commonwealth of Virginia

2. Section 52.2420 is amended by adding paragraph (c)(99) to read

as follows:

Sec. 52.2420 Identification of plan.

* * * * *

(c) * * *

(99) Revisions to the Commonwealth of Virginia Regulations Volatile

organic compound (VOC) RACT Fix-up regulations submitted on May 10,

1991 by the Department of Environmental Quality formerly the Virginia

Department of Air Pollution Control: Effective date July 1, 1991.

(i) Incorporation by reference.

(A) Letter of May 10, 1991, from the Department of Environmental

Quality transmitting VOC RACT Fix-up regulations.

(B) The following Commonwealth of Virginia regulations effective

July 1, 1991:

(1) Part I; section 120-01-02 (revised definition of ``actual

emissions rate'', ``department'', ``emissions unit'', ``volatile

organic compound'')

(2) Part II sections:

120-02-08 A., B.

120-02-34 C., J.

(3) Part IV sections:

120-04-01 B., C.

120-04-02 C., D., F., H.

120-04-03 A.

120-04-04 F.

120-04-05 E., F., G.

Rule 4-4 sections:

120-04-0402 (definition of ``combustion unit'', ``manufacturing

operation'', ``reasonably available control technology'')

120-04-0407 A., B., C.

sections 120-04-0407 through 120-04-0408 have been renumbered to

120-04-0408 through 120-04-0409; sections 120-04-0411 through 120-

04-0416 have been renumbered to 120-04-0412 through 120-04-0417,

section 120-04-0417 has been renumbered to 120-04-0418.

Rule 4-5 sections:

120-05-0501 B.

120-05-0503 A.1., B.1., C.1., C.2., D.1.

120-05-0504 A.2., B.4., B.5., C.4., D.1.e.

Rule 4-6 sections:

120-04-0601 B.

120-04-0603 A.1., B.1.,C.1., D.1.

120-04-0604 A.2., A.3., B.3., B.4.

Rule 4-11 sections:

120-04-1102 (revised definition of ``condensate crude oil'')

120-04-1106 A.1., B.1., C.1., C.2., D.

120-04-1107 B.3.

Rule 4-24 sections:

120-04-2401 A., B., C (deleted)

120-04-2403 A.1., B.1., C.1.

120-04-2404 A.1.a.3., B.1.c.5., C.1.e.5.

Rule 4-25 sections:

120-04-2501 A., B., C.

120-04-2503 A.1., A.3., B.1., B.3., B.4., C.1., C.3.

120-04-2504 A.2., B.1.b., C.1.b.

Rule 4-26 sections:

120-04-2601 C. (deleted)

D. (replaces previous C.)

120-04-2602 (new definition for ``coating application system'', and

``oven'')

120-04-2603 A. (introduction revised), A.1., B. (introduction

revised), B.1., D.

120-04-2604 A.6., A.7., B.5., B.6.

120-04-2609 B., C.

Rule 4-27 sections:

120-04-2701 A., B., C. (deleted),

D. (renumbered C.)

120-04-2702 C. (added definitions for ``coating application

system''; deleted definition for ``coating line''; modified

definition for ``oven'')

120-04-2703 A., C.

120-04-2704 (introduction revised), C., D.

120-04-2709 B., C.

Rule 4-28 sections:

120-04-2801 A., B., C. (deleted), D. (renumbered C.)

120-04-2802 C. (added definition for ``anti-chip coating'', ``clear

coating'', ``coating application system'', ``electrocoat primer'',

``extreme environmental conditions'', ``extreme performance

coatings'', ``guidecoat'', ``topcoat'', modified definitions for:

``automobile'', ``light-duty truck'' and deleted definition for

``coating line''

120-04-2803 A.1., B. (added in its entirety), C., D., E., F., and G.

(formerly B., C., D., E., F., now revised/renumbered).

120-04-2804 A., A.5., A.6., B. (added), C., D., E., (formerly B.,

C., D., have been revised/renumbered).

120-04-2809 B., C.

Rule 4-29 sections:

120-04-2901 A., B., C. (deleted), D. (renumbered/revised to C.)

120-04-2902 C., (deleted definition of ``coating line'', addition of

definition for ``coating application system'', definition modified

``oven'')

120-04-2903 A.1., B.1., C.1., D.1., E.

120-04-2904 A. (introduction revised), A.5., A.6., B. (introduction

revised). B.5., B.6., C. (introduction revised), C.4., D.

120-04-2909 B., C.

Rule 4-30 sections:

120-04-3001 A., B., C. (revised) and D. (deleted), C.2.,

120-04-3002 C. (deleted definition of ``coating line'', added

definition of ``coating application system'', modified definition of

``oven'')

120-04-3003 A., C.

120-04-3004 (introduction revised), D., E.

120-04-3009 B., C.

Rule 4-31 sections:

120-04-3101 A., B., C. (deleted), D. (revised/renumbered C.)

120-04-3102 C. (deleted definition of ``coating line''; added

definition of ``coating application system''; modified definition of

``oven'', and ``fabric coating'').

120-04-3103 A., D., E. (added)

120-04-3104 (introduction revised), F.

120-04-3109 B., C. (added)

Rule 4-32 sections:

120-04-3201 A., B., C. (deleted), D. (revised/renumbered C.)

120-04-3202 C. (deleted definitions for ``coating line''; added

definition of ``coating application system''; modified definition of

``oven''.)

120-04-3203 A., C.

120-04-3204 (introduction revised), D., E.

120-04-3209 B., C. (added)

Rule 4-33 sections:

120-04-3301 A., B., C. (deleted), D. (renumbered/revised C.)

120-04-3302 C. (deleted definitions of ``coating line''; added

definition of ``coating application system''; modified definition of

``oven''.)

120-04-3303 A., C. (added)

120-04-3304 (introduction revised), F., G.

120-04-3309 B., C. (added)

Rule 4-34 sections:

120-04-3401 B., C., D.1.b., D.4.

120-04-3402 (modified definitions of ``coating application system'',

``clear coating'', extreme performance coatings'', and ``oven''), G.

120-04-3403 D. (added)

120-04-3404 (introduction revised) F., G.

120-04-3409 B., C. (added)

Rule 4-35 sections:

120-04-3501 A., B., C. (deleted), D. (revised/renumbered as C.)

120-04-3502 (modified definitions of ``coating application system''

and ``oven''.)

120-04-3503 D. (added)

120-04-3504 (introduction revised), F., G.

120-04-3509 B., C.

Rule 4-36 sections:

120-04-3601 B., C., D.1.b., D.2. (deleted), D.3. (revised/renumbered

D.2.)

120-04-3602 C. (added definitions for ``high-solids ink'', ``low-

solvent ink'', ``printing process'', modified definition of

``publication rotogravure printing'' and ``waterborne inks.'')

120-04-3603 (the following were deleted: A., B., C.), A. (new/

revised), B. (formerly D., modified), C. (formerly E. was modified)

120-04-3604 deleted

120-04-3609 B.

Rule 4-37 sections:

120-04-3701 A., B.

120-04-3702 (modified definitions of ``crude oil'' and ``custody

transfer''.)

120-04-3703 A.1., A.3., A.4. (added), B.1., D.3., E.1., E.3.a.

through E.3.d. was revised to E.3.a. through E.3.b.; revisions were

made to the following: F.1., F.3., F.8., F.10., F.11., F.16.

(deleted)

120-04-3704 A.1.b., B.1.b., C.1.d., D.1.c., E.2.c.

Rule 4-38 section:

120-04-3801 B.

Rule 4-39 section:

120-04-3901 B.

(4) Part V sections:

120-05-01 the following were added: C. and D.

120-05-02 the following were revised: C., D., F.; G. (deleted)

120-05-03 A.

120-05-04 A. and F. were revised.

120-05-05 the following were added: E. and F. H. (formerly F.

renumbered)

(5) Part VII sections:

120-07-01

120-07-02 C. (modified definition of ``air pollution episode'')

120-07-04 B.1., B.1.b., B.2.a., B.3.a., B.4.a., B.5.a.

(6) Appendix K

(7) Appendix N

(8) Appendix P

(9) Appendix R I., II.B., II.D., II.E., II.F., II.G., II.H.,

II.I., II.J., II.K., II.L., II.M., II.N., II.O., II.P., III.V.

(deleted), VI., VIII.

(10) Appendix S (revised and renamed in its entirety to include

other appendices)

(11) Appendix T (deleted in its entirety and revised to be

included in new appendix S.)

(ii) Additional material.

(A) Remainder of May 10, 1991 Commonwealth's submittal.

[FR Doc. 94-7615 Filed 3-30-94; 8:45 am]

BILLING CODE 6560-50-P