Approval and Promulgation of Air Quality Implementation Plans; for the Commonwealth of VirginiaEmission Statement Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VA20-1-5996a; FRL-5178-9]

Approval and Promulgation of Air Quality Implementation Plans;

for the Commonwealth of Virginia--Emission Statement Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct 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

and requires an emission statement program for stationary sources of

volatile organics compounds (VOCs) and/or nitrogen oxides (NOX).

The intended effect of this action is to approve a regulation for

annual reporting of actual emissions by sources that emit VOC and/or

NOX applicable to all ozone nonattainment areas in accordance with

section 182(a)(3)(B) of the 1990 Clean Air Act Amendments (CAAA). This

action is being taken under section 110 of the CAA.

DATES: This final rule will become effective July 3, 1995 unless notice

is received on or before June 1, 1995 that adverse or critical comments

will be submitted. If the effective date is delayed, timely notice will

be published in the Federal Register.

ADDRESSES: Comments must be mailed to Thomas J. Maslany, Director, Air,

Radiation, and Toxics Division, U.S. Environmental Protection Agency,

Region III, 841 Chestnut Building, Philadelphia, Pennsylvania, 19107.

Copies of the Commonwealth's submittal and other information are

available for public inspection during normal business hours at the

following location: Environmental Protection Agency, Region III, Air,

Radiation, and Toxics Division, 841 Chestnut Building, Philadelphia, PA

19107; the Air and Radiation Docket and Information Center, U.S.

Environmental Protection Agency, 401 M Street, SW, Washington, DC

20460; and the Virginia Department of Environmental Quality, 629 East

Main Street, Richmond, Virginia, 23219.

FOR FURTHER INFORMATION CONTACT: Enid A. Gerena (3AT14), U.S.

Environmental Protection Agency, Air, Radiation, and Toxics Division,

841 Chestnut Building, Philadelphia, PA 19107, (215) 597-8239.

SUPPLEMENTARY INFORMATION: On November 4, 1992, the Virginia Department

of the Environment Quality (VDEQ) submitted a formal revision to the

Commonwealth of Virginia's SIP which among other things, requires

owners of stationary sources that emit VOCs and NOX, above

specified actual emission applicability thresholds, and within the

ozone nonattainment areas, to submit annual statements certifying

emissions. This notice only addresses those portions of the November 4,

1992 SIP submittal related to the Commonwealth of Virginia's emission

statement program. The other SIP revisions included in the submittal

are the subjects of separate rulemaking notices.

I. Background

The air quality planning and State Implementation Plan (SIP)

requirements for ozone nonattainment and transport areas are set out in

subparts I and II of Part D of Title I of the Clean Air Act, as amended

by the Clean Air Act Amendments of 1990. EPA published a ``General

Preamble'' describing EPA's preliminary views on how the Agency intends

to review SIP's and SIP revisions submitted under Title I of the

[[Page 21452]] CAA, including those State submittals for ozone

transport areas within the States {see 57 FR 13498 (April 16, 1992)

[``SIP: General Preamble for the Implementation of Title I of the Clean

Air Act Amendments of 1990''], 57 FR 18070 (April 28, 1992)

[``Appendices to the General Preamble''], and 57 FR 55620 (November 25,

1992) [``SIP: NOX Supplement to the General Preamble'']}.

EPA also issued a draft guidance document describing the

requirements for the emission statement programs discussed in this

action, entitled ``Guidance on the Implementation of an Emission

Statement Program'' (July, 1992). The Agency is also conducting a

rulemaking process to modify Title 40, Part 51 of the CFR to reflect

the requirements of the emission statement program.

Section 182 of the Act sets out a graduated control program for

ozone nonattainment areas. Section 182(a) sets out requirements

applicable in marginal ozone nonattainment areas, which are also made

applicable by section 182 (b), (c), (d), and (e) to all other ozone

nonattainment areas. Among the requirements in section 182(a) is a

program for stationary sources to prepare and submit to the State each

year emission statements certifying their actual emissions of VOCs and

NOX. This section of the Act provides that the States are to

submit a revision to their SIPs by November 15, 1992 establishing this

emission statement program.

If a source emits either VOC or NOX at or above the designated

minimum reporting level, the other pollutant should be included in the

emission statement, even if it is emitted at levels below the specified

cutoffs.

States may waive, with EPA approval, the requirement for an

emission statement for classes or categories of sources with less than

25 tons per year of actual plant-wide NOX or VOC emissions in

nonattainment areas if the class or category is included in the base

year and periodic inventories and emissions are calculated using

emission factors established by EPA (such as those found in EPA

publication AP-42) or other methods acceptable to EPA. Emissions from

stationary sources that emit less than 25 tons per year of VOC and

NOX are included in Virginia's base year emission inventory and

must be also included in the periodic emission inventories.

At minimum, the emission statement data should include:

--Certification of data accuracy;

--Source identification information;

--Operating schedule;

--Emissions information (to include annual and typical ozone season day

emissions);

--Control equipment information; and

--Process data.

EPA developed emission statements data elements to be consistent

with other source and State reporting requirements. This consistency is

essential to assist States with quality assurance for emission

estimates and to facilitate consolidation of all EPA reporting

requirements.

II. EPA's Evaluation of the Commonwealth's Submittal

A. Procedural Background

The Commonwealth of Virginia held public hearings on July 22, 1992,

for the purpose of soliciting public comment on proposed regulatory

revisions concerning emission statements for stationary sources. The

regulatory revisions were adopted on October 30, 1992, submitted to EPA

on November 4, 1992 as a proposed revision to the SIP, and became

effective in the Commonwealth of Virginia on January 1, 1993.

B. Components of Virginia's Emission Statement Program

There are several key and specific components of an acceptable

emission statement program. Specifically, the State must submit a

revision to its SIP which consists of an emission statement program

which meets the minimum requirements for reporting by the sources and

the State. For the emission statement program to be approvable, the

state's SIP must include, at a minimum, definitions and provisions for

applicability, compliance, and specific source reporting requirements

and reporting forms.

Virginia's revision consists of amendments to Title VR 120-01

Regulations for the Control and Abatement of Air Pollution,

specifically to add paragraph B to section 120-02-31, Registration, and

to add Appendix S, which cross-references document AQP-8, Procedures

for Preparing and Submitting Emission Statements for Stationary

Sources.

Section 120-02-31, requires that owners of stationary sources

report the levels of emissions from the sources emitting VOCs and

NOX, in order to assess compliance with emission and air quality

standards and to track emission reductions necessary to attain the

ozone National Ambient Air Quality Standard (NAAQS). This requirement

applies to existing, modified, or new stationary sources that emit 25

tons per year (TPY) or more of VOCs or NOX, and are located in any

ozone nonattainment area. The upper portion of White Top Mountain is

the only area in Smyth County which is an ozone nonattainment area.

Because there are no emission sources in this nonattainment area, the

Commonwealth has excluded it from emission statement requirements.

Under the Commonwealth's regulation, sources' annual emission

statements are due by April 15 of each year, beginning in 1993, for the

emissions discharged during the previous calendar year. Section 120-02-

31, Appendix S, Air Quality Program Policies and Procedures describes

specifically how emission statements shall be prepared.

C. Enforceability

The Commonwealth of Virginia has a provision in its SIP which

ensures that the emission statement requirements of Section

182(a)(3)(B) and Sections 184(b)(2) and 182(f) of the CAA as required

by VR 120-01, section 120-02-31, are adequately enforced. Once EPA

completes the rulemaking process approving the Virginia's Emission

Statement program as part of the SIP, it will be federally enforceable.

EPA has determined that the submittal made by the Commonwealth of

Virginia satisfies the relevant requirements of the CAA and EPA's

guidance document, ``Guidance on the Implementation of an Emission

Statement Program'' (July 1992). EPA's detailed review of Virginia's

Emission Statement is contained in a Technical Support Document (TSD)

which is available, upon request, from the EPA Regional Office listed

in the ADDRESSES section of this notice.

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 in this Federal

Register publication, EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective July 3, 1995 unless, by June 1, 1995, adverse or critical

comments are received.

If EPA receives such comments, this action will be withdrawn before

the effective date by publishing a subsequent notice 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 [[Page 21453]] comments are received, the public

is advised that this action will be effective on July 3, 1995.

III. Final Action

EPA is approving revisions to the Commonwealth of Virginia SIP to

include an Emission Statement Program. These revisions consist of

amendments to Title VR 120-01 Regulations for the Control and Abatement

of Air Pollution, the addition of paragraph B to section 120-02-31,

Registration, and the addition of Appendix S including the document

referenced therein, AQP-8.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. 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.

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 economic 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 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 small entities.

Moreover, due to the nature of the federal-state relationship under the

CAA, preparation of a regulatory flexibility analysis would constitute

federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A. , 427 U.S. 246, 256-66 (S.Ct. 1976);

42 U.S.C. section 7410 (a)(2).

This action 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), 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 July 3, 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 approving Virginia's Emission Statement SIP submittal

requirements 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, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Oxides of

nitrogen, Ozone, Reporting and recordkeeping requirements, and SIP

requirements.

Dated: January 25, 1995.

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)(103) to read

as follows:

Sec. 52.2420 Identification of plan.

* * * * *

(c) * * *

(103) Revisions to the Commonwealth of Virginia Regulations State

Implementation Plan submitted on November 4, 1992 by the Virginia

Department of Environmental Quality:

(i) Incorporation by reference.

(A) Letter of November 4, 1992 from the Virginia Department of

Environmental Quality transmitting a revised regulation to require

owners of stationary sources in emissions control areas to submit

emission statements annually.

(B) Amendments to Title VR 120-01, addition of paragraph B to

section 120-02-31 and the addition of Appendix S including referenced

document AQP-8, procedures for Preparing and submitting Emission

Statements for Stationary Sources. Effective on January 1, 1993.

(ii) Additional Material.

(A) Remainder of November 4, 1992 State submittal related emission

statements.

[FR Doc. 95-10704 Filed 5-1-95; 8:45 am]

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