Approval and Promulgation of Air Quality Implementation Plans; Virginia (Approval of Miscellaneous Revisions)

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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