Approval and Promulgation of Air Quality Implementation Plans; VirginiaVOC RACT Requirements

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VA21-1-5883a; FRL-5292-2]

Approval and Promulgation of Air Quality Implementation Plans;

Virginia--VOC RACT Requirements

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 pertains to

amendments to Virginia's major source volatile organic compound (VOC)

reasonably available control technology (RACT) requirements applicable

in the Richmond ozone nonattainment area and the Virginia portion of

the Washington, DC ozone nonattainment area. The revision was submitted

to comply with the RACT ``Catch-up'' provisions of the Clean Air Act

Amendments of 1990 (The Amendments). The intended effect of this action

is to approve the submitted amendments to Virginia's major source VOC

RACT requirements because they strengthen Virginia's SIP. This action

is being taken under section 110 of the Clean Air Act.

DATES: This final rule is effective November 27, 1995, unless notice is

received on or before October 27, 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 may be mailed to Marcia L. Spink, Associate

Director, Air Programs (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 &

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: Maria Pino, (215) 597-9337.

SUPPLEMENTARY INFORMATION: On November 6, 1992, the Virginia Department

of Environmental Quality submitted a revision to its ozone SIP to

comply with the RACT ``Catch-up'' provisions of the Clean Air Act (the

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Act). The revision consists of amendments to Virginia's major source

VOC RACT regulation to: (1) Lower the applicability threshold for RACT

in the Virginia portion of the Washington, DC ozone nonattainment area

and; (2) add a compliance date of May 31, 1995 for major VOC sources in

the Richmond nonattainment area and the Virginia portion of the

Washington. DC nonattainment area to comply with RACT emission

standards.

I. Background

Under the pre-amended Act (i.e. the Act prior to the 1990

Amendments), ozone nonattainment areas were required to adopt RACT

rules for sources of VOC emissions. EPA issued three sets of control

technique guideline documents (CTGs), establishing a ``presumptive

norm'' for RACT for various categories of VOC sources. Those sources

not covered by a CTG were called non-CTG sources. EPA determined that

an area's SIP-approved attainment date established which RACT rules the

area needed to adopt and implement. Under pre-amended section

172(a)(1), ozone nonattainment areas were generally required to attain

the ozone standard by December 31, 1982. Those areas that submitted an

attainment demonstration projecting attainment by that date were

required to adopt RACT for sources covered by the Group I and II CTGs.

Those areas that sought an extension of the attainment date under

section 172(a)(2) to as late as December 31, 1987 were required to

adopt RACT for all CTG sources and for all major non-CTG sources (i.e.

sources having potential VOC emissions of 100 tons per year (TPY) or

more).

Under the pre-amended Act, EPA designated the metropolitan

Washington, DC area (including a portion of Northern Virginia) and the

Richmond area as nonattainment. These areas both had a pre-enactment

(i.e. prior to enactment of the 1990 Amendments) attainment date of

December 31, 1987 and, therefore, were required to adopt RACT for Group

I, II, and III CTG categories as well as non-CTG VOC sources with the

potential to emit 100 TPY or more. However, these areas did not attain

the ozone standard by the approved attainment date.

On November 15, 1990, amendments to the 1977 Clean Air Act were

enacted. Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C.

7401-7671q. Under the amended Act, EPA and the States were required to

review the designation of areas and to redesignate areas as

nonattainment for ozone if the air quality data from 1987, 1988, and

1989 indicated that the area was violating the ozone standard. On

November 6, 1991 and November 30, 1992, EPA issued those designations.

56 FR 56694 and 57 FR 56762. The metropolitan Washington, DC and

Richmond nonattainment areas retained their nonattainment designation.

The metropolitan Washington, DC area (including a portion of Northern

Virginia) was classified as serious, and the Richmond area was

classified as moderate. 56 FR 56694 (Nov. 6, 1991).

Section 182(b)(2) of the amended Act requires States to adopt RACT

rules for all areas designated nonattainment for ozone and classified

as moderate or above. There are three parts to the section 182(b)(2)

RACT requirement: (1) RACT for sources covered by an existing CTG (i.e.

a CTG issued prior to the enactment of the Amendments); (2) RACT for

sources covered by post-enactment CTGs; and (3) all major sources not

covered by a CTG. This RACT requirement makes nonattainment areas that

previously were exempt from RACT requirements ``catch up'' to those

nonattainment areas that became subject to those requirements during an

earlier period, and therefore, is known as the RACT Catch-up

requirement. In addition, it requires newly designated ozone

nonattainment areas to adopt RACT rules consistent with those for

previously designated nonattainment areas.

Since the metropolitan Washington, DC and Richmond nonattainment

areas were previously required to adopt RACT for all CTG sources, to

meet the RACT Catch-up requirement Virginia was not required to submit

additional CTG RACT rules for these areas. However, the major source

definition for serious areas has been lowered under the amended Act to

cover sources that have the potential to emit 50 TPY of VOC or more.

Therefore, Virginia was required to adopt RACT rules for all sources

that exceed this cut-off in the Virginia portion of the Washington, DC

nonattainment area.

In addition to the pre-enactment metropolitan Washington, DC and

Richmond nonattainment areas retaining their nonattainment

designations, EPA also extended their nonattainment area boundaries.

Therefore, under the RACT Catch-up provision of section 182(b)(2), the

Commonwealth was required, for these portions of the nonattainment

areas, to submit RACT rules covering all CTGs and all non-CTG major VOC

sources.

In summary, to fully comply with the RACT Catch-up provisions of

the Act, Virginia is required to expand its RACT regulations to the

areas which have been added to the Virginia portion of the pre-

enactment metropolitan Washington, DC nonattainment area and the pre-

enactment Richmond nonattainment area. It must adopt RACT regulations

for all CTG sources and all major non-CTG VOC sources (VOC sources with

the potential to emit 50 TPY in the Virginia portion of the

metropolitan Washington, DC nonattainment area and 100 TPY

in the Richmond nonattainment area). Sources must comply with these

provisions as expeditiously as possible, but no later than May 31,

1995.

This action pertains only to one portion of the RACT Catch-up

provisions, the requirement to lower the applicability threshold for

RACT in the Virginia portion of the Washington, DC nonattainment area.

The requirement to expand the geographic applicability of Virginia's

RACT rules was the subject of a separate rulemaking action. (See 59 FR

52704.)

II. Commonwealth's Submittal

Virginia's existing major source RACT regulation, section 120-04-

0407, requires RACT for sources in the Virginia portion of the

Washington, DC nonattainment area and the Richmond nonattainment area

with the potential to emit 100 TPY of VOC. On October 19,

1994, EPA approved into the Virginia SIP revisions to Appendix P of

Virginia's air quality regulations that redefined the boundaries for

Virginia's ozone nonattainment areas. (See 59 FR 52701) Thus, the

geographic applicability of section 120-04-0407 was revised to cover

the expanded Richmond nonattainment area and the expanded Virginia

portion of the Washington, DC nonattainment area.

Virginia's November 6, 1992 submittal contains amendments to

section 120-04-0407 that lower the applicability threshold such that

sources with potential VOC emissions of 50 TPY or greater in the

expanded Virginia portion of the Washington, DC nonattainment area are

now subject to RACT. Sources with potential VOC emissions of 100 TPY or

greater in the expanded Richmond nonattainment area are also subject to

RACT. Additionally, a compliance date of May 31, 1995 was added to the

rule for sources in both the Virginia portion of the Washington, DC

area and the Richmond area.

III. EPA Evaluation and Action

EPA is approving the amendments to section 120-04-0407 described

above because they comply with the RACT Catch-up requirements of the

Act and serve to strengthen Virginia's SIP. Detailed descriptions of

the

[[Page 49769]]

amendments addressed in this document, and EPA's evaluation of the

amendments, are contained in the technical support document (TSD)

prepared for these revisions. Copies of the TSD are available from the

EPA Regional office listed in the ADDRESSES section of this document.

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 November 27, 1995, unless, by October 27, 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 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 November 27, 1995.

Final Action

EPA is approving amendments to section 120-04-0407, Virginia's

major source VOC RACT requirements applicable in the Richmond ozone

nonattainment area and the Virginia portion of the Washington, DC ozone

nonattainment area, submitted by the Commonwealth of Virginia on

November 6, 1992.

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 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 Act, 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 rule 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.

This action has been classified as a Table 3 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 a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

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, pertaining to Virginia's major source

VOC RACT requirements, must be filed in the United States Court of

Appeals for the appropriate circuit by November 27, 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 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, Ozone,

Reporting and recordkeeping requirements.

Dated: August 24, 1995.

W. Michael McCabe,

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)(106) to read

as follows:

Sec. 52.2420 Identification of plan.

* * * * *

(c) * * *

(106) Revisions to the Virginia State Implementation Plan submitted

on November 6, 1992 by the Virginia Department of Environmental

Quality:

(i) Incorporation by reference.

(A) Letter of November 6, 1992 from the Virginia Department of

Environmental Quality transmitting revisions to Virginia's State

Implementation Plan, pertaining to volatile organic compound

requirements in Virginia's air quality regulations.

(B) Revisions to Sec. 120-04-0407 that lower the applicability

threshold for RACT in the Virginia portion of the Washington, DC ozone

nonattainment area and add a RACT compliance date of May 31, 1995 for

major VOC sources in the Richmond ozone nonattainment area and the

Virginia portion of the Washington, DC ozone nonattainment area,

adopted by the Virginia State Air

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Pollution Board on October 30, 1992 and effective on January 1, 1993.

(ii) Additional material.

(A) Remainder of Virginia's November 6, 1992 State submittal

pertaining to Sec. 120-04-0407.

[FR Doc. 95-23869 Filed 9-26-95; 8:45 am]

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