Approval and Promulgation of Implementation Plans; Revision to the U.S. Virgin Islands Implementation Plan

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]

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