Approval and Promulgation of Air Quality Implementation Plans; West Virginia: Title 45 Legislative Rules, Series 21, Regulation To Prevent and Control Air Pollution From Emission of Volatile Organic Compounds

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WV19-1-6210a, WV11-1-5888a; FRL-5139-3]

Approval and Promulgation of Air Quality Implementation Plans;

West Virginia: Title 45 Legislative Rules, Series 21, Regulation To

Prevent and Control Air Pollution From Emission of Volatile Organic

Compounds

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 State of West Virginia on August 10, 1993. The

revision concerns West Virginia title 45 Legislative Rules, Series 21,

Regulation to Prevent and Control Air Pollution from Emission of

Volatile Organic Compounds, sections 1 to 9, 11, 12, 14 to 19, 21 to

29, 31, 36, 39, 41, 42 to 48, and appendix A, which were adopted May

26, 1993 and effective July 7, 1993. These sections of Series 21

establishes emission standards that represent the application of

reasonably available control technology (RACT) to twenty categories of

stationary sources of volatile organic compounds (VOCs), and establish

associated testing, monitoring, recordkeeping, compliance

certification, and permit requirements. This revision was submitted to

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

Act). There are two intended effects of this action. The first is to

approve these sections of Series 21 as a revision to the West Virginia

SIP in accordance with the SIP submittal and revision provisions of the

Act. And the SIP submittal and revision provisions of the Act. And the

second is to simultaneously update the West Virginia SIP by replacing

three regulations codified at 40 CFR 52.2520(c)(26) by portions of the

revision submitted on August 10, 1993. This action is being taken under

section 110 of the Act.

DATES: This final rule is effective April 3, 1995 unless notice is

received on or before March 3, 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 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 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 the West Virginia

Department of Environmental Protection, Office of Air Quality, 1558

Washington Street, East, Charleston, West Virginia, 25311.

FOR FURTHER INFORMATION CONTACT: Christopher Cripps, (215) 597-0545, at

the EPA Regional Office address listed.

SUPPLEMENTARY INFORMATION: On August 10, 1993, the State of West

Virginia submitted a formal revision to its SIP. The SIP revision

consists of Title 45, Series 21 (45CSR21), ``Regulations to Control Air

Pollution from the Emission of Volatile Organic Compounds'' (Series

21), and four other regulations--45CSR5 ``To Prevent and Control Air

Pollution From the Operation of Coal Preparation Plants and Coal

Handling Operations'', 45CSR12 ``Permits for Construction and Major

Modification of Major Stationary Sources of Air Pollution for the

Prevention of Significant Deterioration'', 45CSR19 ``Requirements for

Pre-construction Review, Determination of Emission Offsets for Proposed

New or Modified Stationary Sources of Air Pollutants and Emission

Trading for Intrasource Pollutants'', and 45CSR29 ``Rule Requiring the

Submission of Emission Statements for Volatile Organic Compound

Emissions and Oxides of Nitrogen Emissions''. This action concerns only

sections 1 to 9, 11, 12, 14 to 19, 21 to 29, 31, 36, 39, 41 to 48 and

Appendix A to Series 21. The other parts--45CSR5, 45CSR19, 45CSR12,

45CSR29 and sections 10, 13, 20, 30, 32 to 35, 37, 38 and 40 to series

21--of the August 10, 1993 submittal will be subject of separate

rulemaking.

I. Background

The Clean Air Act Amendments of 1990 were enacted on November 15,

1990. 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, EPA issued those designations (56 FR 56694 and 57 FR

56762, November 30, 1992). The Parkersburg--Marietta (Wood County),

Huntington--Ashland (Cabell and Wayne Counties) and Charleston

Metropolitan Statistical Area (Kanawha and Putnam Counties) areas,

which were designated unclassifiable prior to enactment, were

redesignated to nonattainment and classified as moderate. Under the

pre-amended Act, these areas were not required to meet the RACT

requirement for nonattainment areas. Under the RACT catch-up provision

of section 182(b)(2) of the Act, the State was required to submit RACT

rules for these areas covering any remaining pre-enactment Control

Technique Guideline (CTG) documents and to submit rules for all

remaining major sources of VOC emissions.

West Virginia had adopted RACT rules for the following three

categories of sources: storage of petroleum liquids in fixed roof

tanks, bulk gasoline terminals and petroleum refinery sources. These

rules were Series 21, 23 and 24, respectively. EPA approved these as

RACT on September 17, 1992 (57 FR 42895). The current Series 21

submitted on August 10, 1993 completely supersedes the previous Series

21 (45CSR21) and Series 23 and 24 (45CSR23 and 45CSR24) which were

effective in Wood, Cabell, Wayne, Kanawha and Putnam counties. The RACT

requirements contained in the superseded Series 21, 23 and 24 are

contained in sections 28, 25 and 22, respectively, in combination with

the applicable portions of sections 1 to 9 and 41 to 48 of the current

Series 21.

VOCs contribute to the production of ground level ozone and smog.

These rules were adopted as part of an effort [[Page 6023]] to achieve

the National Ambient Air Quality Standard (NAAQS) for ozone.

II. EPA Evaluation and Action

The following is EPA's evaluation of and action on sections 1 to 9,

11, 12, 14 to 19, 21 to 29, 31, 36, 39, 41 to 48 and Appendix A of West

Virginia Title 45, Series 21. Detailed descriptions of the sections of

Series 21 addressed in this document, and EPA's evaluation of these

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

prepared for this revision. Copies of the TSD are available from the

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

In determining the approvability of a VOC rule, EPA must evaluate

the rule for consistency with the requirements of the Act and EPA

regulations, as found in section 110 and Part D of the Act and 40 CFR

Part 51 (Requirements for Preparation, Adoption, and Submittal of

Implementation Plans). The EPA interpretation of these requirements,

which forms the basis for this action, appears in various EPA policy

guidance documents. For the purpose of assisting State and local

agencies in developing RACT rules, EPA prepared a series of CTG

documents. The CTGs are based on the underlying requirements of the Act

and specify the presumptive norms for RACT for specific source

categories. The CTGs applicable to sections 11, 12, 14 to 19, 21 to 29,

31, 36, and 39 of West Virginia Title 45, Series 21 are entitled,

Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles and Light

Duty Trucks, EPA-450/2-77-008, May 1977; Surface Coating of Metal

Furniture, EPA-450/2-77-032, Dec. 1977; Surface Coating of Large

Appliances, EPA-450/2-77-034, Dec. 1977; Surface Coating for Insulation

of Magnet Wire, EPA-450/2-77-033, Dec. 1977; Surface Coating of

Miscellaneous Parts and Products, EPA-450/2-78-015, June 1978; Bulk

Gasoline Plants, EPA-450/2-77-035, Dec. 1977, Tank Truck Loading

Terminals, EPA-450/2-77-026, Dec. 1977; Design Criteria Document--

Gasoline Dispensing Facilities--Stage I, Nov. 1975; Leaks from Gasoline

Tank Trucks and Vapor Collection Systems, EPA-450/2-78-051, Dec. 1978;

Refinery Vacuum Producing Systems, Wastewater Separators and Process

Turnarounds, EPA-450/2-77-025, Oct. 1977; Petroleum Refinery Equipment,

EPA-450/2-78-036, June 1978, Petroleum Liquid Storage in External

Floating Roof Tanks, EPA-450/2-78-047, Dec. 1978; Storage of Petroleum

Liquids in Fixed Roof Tanks, EPA-450/2-77-036, Dec. 1977; Leaks from

Natural Gas/Gasoline Processing Plants, EPA-450/3-83-007, Dec. 1983;

Cutback Asphalt, EPA-450/2-77-037, Dec. 1977; Perchloroethylene Dry

Cleaning Systems, EPA-450/2-78-050, Dec. 1978; Air Oxidation Processes

in the Synthetic Organic Chemical Manufacturing Industry, EPA-450/2-83-

006, March 1984. EPA has not yet developed CTGs to cover all sources of

VOC emissions. Further interpretations of EPA policy are found in those

portions of the proposed Post-1987 ozone and carbon monoxide policy

that concern RACT, 52 FR 45044 (November 24, 1987) and ``Issues

Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,

Clarification to Appendix D of November 24, 1987 Federal Register

Notice'' (Blue Book) (notice of availability was published in the

Federal Register on May 25, 1988). In general, these guidance documents

have been set forth to ensure that VOC rules are fully enforceable and

strengthen the SIP.

State Submittal: Sections 1 through 9 of Series 21 include general

applicability, monitoring, recordkeeping, compliance certification, and

permit requirements and include definitions and other provisions common

to more than one section. Series 21 applies sources located in Putnam,

Kanawha, Cabell, Wayne and Wood counties. Sources that exceed any

applicability threshold of Series 21 remain subject to the provisions

even if the source's throughput or emissions later fall below the

applicability. Alternative control plans must be approved by the Chief

of the West Virginia Office of Air Quality (the Chief) and the U.S.

EPA. By May 31, 1994, owners or operators of sources claiming exemption

from the surface coating provisions of sections 10 to 19 must certify

to the Chief that they are exempt and after May 31, 1994 are required

to keep daily records documenting the daily VOC emissions and are

required to report to the Chief if any combined daily VOC emissions

exceeds 6.8 kilograms (15 pounds). By May 31, 1994 owners or operators

of sources subject to the surface coating provisions of sections 10 to

19 must certify to the Chief the method of compliance--complying

coatings, daily weighted averaging, or control devices--to be used for

each affected coating line or operation and are required to keep daily

records demonstrating compliance and to report any excess emissions. By

May 31, 1994 owners and operators of sources subject to the provisions

of sections 20 to 40 must certify to the Chief the method of

compliance--control system equipment specification, leak detection and

repair, coating formulation, work practice, etc.--to be used and are

required to keep records for control devices and report excess

emissions. Owners and operators of any coating line complying by the

use of a control device are required to operate the capture and control

device whenever the coating line is in use and are required to ensure

the required monitoring system is installed, maintained and calibrated

and in use when ever the control device is operated. Owners or

operators of facilities, subject to sections 11 to 20 and section 34,

are prohibited from using open containers to store or dispose cloth or

paper impregnated with VOC or to store spent or fresh VOC used for

surface preparation, cleanup or removal of coatings and are prohibited

from using VOC to clean spray equipment unless equipment is used to

collect the cleaning compounds. Owners and operators of sources subject

to Series 21 that must make major process changes or major capital

expenditures to comply must submit to the Chief a compliance schedule

within 180 days of May 31, 1993. Compliance must be as expeditious as

practical but not later than May 31, 1995. The general provisions also

define that references to the Chief of the West Virginia Office of Air

Quality also mean the U.S. EPA.

EPA's Evaluation: The regulations listed above are approvable as

SIP revisions because they conform to EPA guidance and comply with the

requirements of the Act.

State Submittal: Sections 11, 12, 14, 15, 16, 17, 18, and 19 cover

coating operations or lines in the following source categories,

respectively: Can, coil, fabric, vinyl, metal furniture, large

appliance, magnet wire, and miscellaneous metal parts and products.

A. Common Provisions

A coating line or operation is subject to the emission limits of a

section if the daily facility-wide emissions from coating lines in that

source category exceed 6.8 kilograms (15 pounds) prior to control

devices. Each section requires that compliance be demonstrated in one

of three ways: use of coatings that comply with the VOC content limits

of each section; use of coatings on a coating line whose daily weighted

average comply with the VOC content for that coating line; or use of a

capture and control system that provides an overall emission reduction

that is the lesser of the reduction needed to be equivalent to the VOC

content of complying coatings on a ``solids basis'' (mass VOC per

volume of solids) or 95 percent. The VOC content limits in mass per

volume of coating, minus water and [[Page 6024]] exempt compounds, as

applied, are the same as those contained in the applicable CTG. Section

17 exempts from the VOC content limits the use of up to 0.95 liter

(0.25 gallon), in any 8-hour period, of quick-drying lacquers used for

repair of nicks or scratches on large appliances. Section 19 also sets

a standard of 0.52 kilogram per liter (4.3 lb/gal) of coating less

water and exempt compounds for drum and pail interior coatings. The

calculation procedures for daily weighted averaging and for required

control device efficiency are provided in section 43. Calculations are

required daily to demonstrate daily compliance.

B. Coverage of Section 19, Miscellaneous Metal Parts and Products

Section 19 does apply to coatings applied to small and large farm

machinery, small appliances, commercial machinery, industrial

machinery, fabricated metal products, coating applications at

automobile and light-duty truck assembly plants other than prime,

primer surfacer, topcoat and final repair, and any other industrial

category that coats metal parts or products under Standard Industrial

Classification (SIC) Codes of Major Groups 33 to 39. Section 19 does

not apply to the application of coatings regulated under sections 11,

12, 16, 17, and 18, exteriors of completely assembled aircraft,

automobile or truck refinishing, and customized topcoating of

automobiles and trucks where the daily production is less than 35

vehicles per day. Section 19 does not apply to primer, primer surfacer,

topcoat and final repair operations at automobile and light-duty truck

assembly plants covered under section 10. Manufacture of lamps and

light fixtures falls under SIC Codes 3645 and 3646. Coatings applied to

lamps and light fixtures are regulated under section 19 and are not

included in the product mix regulated under section 16.

EPA's Evaluation: The regulations listed above are approvable as

SIP revisions because they conform to EPA guidance and comply with the

requirements of the Act. EPA has determined that the RACT standards are

no less stringent than the applicable CTG and that the standards for

coating of metal lamps and light fixtures established under section 19

are no different than that which would have been required under section

16. EPA has determined that the standards for coating of drum and pail

interiors represent RACT given the extreme conditions to which these

coatings are often exposed.

State Submittal: Sections 21, 22, 23, and 24 cover bulk gasoline

plants, bulk gasoline terminals, gasoline dispensing facilities and

gasoline tank trucks.

A. Section 21 requires bulk gasoline plants of between 4,000 and

20,000 gallons per day throughput to install a vapor balance system

between incoming/outgoing tank trucks and stationary storage tanks, to

fill storage vessels by submerged filling, and to incorporate design

and operational practices to minimize leaks from storage tanks, loading

racks, tank trucks and loading operations.

B. Section 22 requires bulk gasoline terminals, facilities of

greater than 20,000 gallons per day throughput, to equip each loading

rack with a vapor collection system to control VOC vapors displaced

from gasoline tank trucks during product loading. The vapor control

system is limited to emissions of 80 milligrams or less of VOC per

liter of gasoline loaded.

C. Both bulk plants and terminals are required to inspect vapor

balance or loading racks and VOC collection systems monthly for leaks

and to repair leaks within 15 days of discovery. Both bulk plants and

terminals are restricted to loading only vapor-tight gasoline tank

trucks and to loading tank trucks by submerged filling.

D. Section 23 requires gasoline dispensing facilities to install a

vapor balance system, submerged drop tubes for gauge well, vapor tight

caps and submerged fill loading on all storage vessels. Both sections

21 and 23 prohibit the transfer of gasoline into a storage tank or into

a tank truck unless vapor balance systems are properly used.

E. Section 24 requires gasoline tank trucks equipped for vapor

collection be tested at least annually for vapor-tightness and display

a sticker near the DOT certification plate that shows the date the

truck passed the vapor-tightness test, that shows the truck

identification number and that does not expire not more than 1 year

after the date of the test.

F. Sections 21, 22 and 23 also set standards for smaller facilities

and tanks: Bulk plants of less than 4,000 gallons per month are only

required to fill storage tanks or tank trucks by submerged filling and

to discontinue transfer operations if any leaks are observed. A vapor

balance system is not required on any tank with a capacity of 550

gallons or less at a bulk plant. However, such tanks are still subject

to the requirement that these tanks be filled by submerged filling.

Under section 23, dispensing facilities of less than 10,000 gallons per

month throughput and certain small storage tanks are required to be

loaded by submerged fill. These smaller storage tanks are those of less

than 2,000 gallon capacity constructed prior to January 1, 1979, of

less than 250 gallons capacity constructed after December 31, 1978, and

of less than 550 gallons capacity if used solely for fueling implements

of agriculture.

EPA's Evaluation: The regulations listed above are approvable as

SIP revisions because they conform to EPA guidance and comply with the

requirements of the Act. EPA has determined that the RACT standards are

no less stringent than the applicable CTG and other EPA guidance.

Because the standards set under section 22 are RACT, section 22 in

combination with the applicable portions of sections 1 to 9 and 41 to

48 is approvable to replace Series 24 in the West Virginia SIP.

State Submittal: Section 25 applies to any vacuum-producing system,

wastewater separator and process unit turnaround at petroleum

refineries. Uncondensed vapors from vacuum-producing systems must be

piped to a firebox or incinerator or compressed and added to the

refinery fuel gas. Wastewater separators must be equipped with covers

and seals on all separators and forebays. Lids and seals are required

on all openings in separators, forebays and their covers and must be

kept closed except when in use. During a process unit turnaround the

process unit must be vented to a vapor recovery system, flare or

firebox. No emissions are allowed from a process unit until the

internal pressure reaches 19.7 psia.

EPA's valuation: The regulation listed above is approvable as SIP

revisions because it conforms to EPA guidance and complies with the

requirements of the Act. EPA has determined that the RACT standards are

no less stringent than the applicable CTG.

State Submittal: Sections 26 and 29 regulate leaks from equipment

in VOC service at any process unit at a petroleum refinery or at any

natural gas/gasoline processing facility, respectively. Both require

open ended lines and valves to be sealed with a second valve, blind

flange, cap or plug except during operations requiring process fluid

flow. Both require quarterly leak monitoring of pumps in light liquid

service, valves, and compressors and require first attempt to repair

the leak within five calendar days of discovery and with final repair

within 15 calendar days. Both sections reference the leak detection

method found in section 46. Both allow less frequent monitoring of

unsafe-to- [[Page 6025]] monitor and difficult-to-monitor valves if a

written plan that requires, respectively, monitoring of unsafe-to-

monitor as frequently as practicable during safe to monitor periods and

at least annual leak monitoring of difficult-to-monitor valves. Under

both sections, valves in gas/vapor service and in light liquid service

may be monitored less frequently if the criteria of the skip period

leak detection and repair provisions are met and maintained. Both

sections allow certain equipment be exempt from the leak monitoring

program. These are: any pressure relief valve connected to a flare

header or operating vapor recovery device, any equipment in vacuum

service, any compressor with a degassing vent connected to an operating

VOC control device. Also exempted from a leak detection and repair is

any pump with dual seals at a natural gas/gasoline processing facility

and any pump with duel mechanical seals with a barrier fluid system at

refineries. Under section 26 pumps in heavy liquid service at

refineries must be leak checked using the method of section 46 only if

evidence of a leak is found by sight, sound or smell. Under section 29

pumps in heavy liquid service are exempted from the leak detection and

repair provisions. Under section 26 pressure relief valves at

refineries must be leak checked after each overpressure relief. Under

section 29 pressure relief valves must be leak checked within 5 days

unless monitored by non-plant personnel. In the latter case, monitoring

must be done the next time monitoring personnel are on site or within

30 days whichever is less.

EPA's Evaluation: The regulations listed above are approvable as

SIP revisions because they conform to EPA guidance and comply with the

requirements of the Act. EPA has determined that the RACT standards are

no less stringent than the applicable CTG. Because the standards set

under section 25 are RACT, section 25 in combination with the

applicable portions of sections 1 to 9 and 41 to 48 is approvable to

replace Series 23 in the West Virginia SIP.

State Submittal: Sections 27 and 28 regulate storage of petroleum

liquids. Both sections apply to any petroleum liquid storage tank over

40,000 gallons capacity. Section 27 applies to such tanks that are

equipped with an external floating roof. Section 28 applies to such

tanks that are of fixed roof construction. Section 27 prohibits storage

of petroleum liquid in an external floating roof tank unless the tank

is equipped a continuous secondary seal from the floating roof to the

tank wall, the seals are maintained so that there are no visible holes

or tears and the seals are intact and uniformly in place. Section 27

also sets design and operation and maintenance criteria for openings in

the external floating roof and for gaps in vapor-mounted primary seals.

Section 27 requires routine, semi-annual inspections of the roof and

seal and requires annual measurement of the seal gap in vapor-mounted

primary seals. Section 28 prohibits storage of petroleum liquid in a

fixed roof tank unless the tank is equipped an internal floating roof

equipped with closure seal(s) between the roof edge and tank wall, and

the seal(s) are maintained so that there are no visible holes or tears.

Section 28 also sets design, operational and maintenance criteria for

openings, drains and vents.

EPA's Evaluation: The regulations listed above are approvable as

SIP revisions because they conform to EPA guidance and comply with the

requirements of the Act. EPA has determined that the RACT standards are

no less stringent than the applicable CTG and other EPA guidance.

Because the standards set under section 28 are RACT, section 28 in

combination with the applicable portions of sections 1 to 9 and 41 to

48 is approvable to replace Series 21 in the West Virginia SIP.

State Submittal: Section 31 prohibits the manufacturing, storage,

mixing, storage, use and application of cutback asphalt during the

period from April 1 to October 31 of every year. Exemptions for long-

life stockpiling or use solely as a penetrating prime coat may be

granted by the Chief of the West Virginia Office of Air Quality.

Section 31 also prohibits the manufacturing, storage, mixing, storage,

use and application of emulsified asphalt containing VOC during the

period from April 1 to October 31 of every year.

EPA's Evaluation: The regulation listed above is approvable as SIP

revisions because it conforms to EPA guidance and complies with the

requirements of the Act. EPA has determined that the RACT standards are

no less stringent than the applicable CTG.

State Submittal: Section 36 covers drycleaning facilities using

perchloroethylene. Section 36 requires a carbon adsorption system for

the dryer exhaust. An emission limit of 100 parts per million

(volumetric) of VOC is established for the exhaust of this control

device. Coin-operated facilities, and facilities with inadequate space

or inadequate steam capacity to desorb adsorbers are exempt from the

requirement for a carbon adsorption system. Section 36 sets the

standards recommended in the CTG to minimize VOC emissions from leaks,

from treatment, handling and disposal of filters, and from wet wastes

from solvent stills.

EPA's Evaluation: The regulation listed above is approvable as SIP

revisions because it conforms to EPA guidance and complies with the

requirements of the Act. EPA has determined that the RACT standards are

no less stringent than the applicable CTG.

State Submittal: Section 39 covers air oxidation processes in the

synthetic organic chemical manufacturing industry (SOCMI). SOCMI is

defined as production, either as a final product or as an intermediate,

of any of the chemicals listed in 40 CFR 60.489. Covered are vent

streams from air oxidation reactors and from combinations of air

oxidation reactors and recovery systems. Section 39 requires VOC

emissions from these vent streams be no more than 20 parts per million

(volumetric, dry basis corrected to 3 percent oxygen) or be reduced by

98 percent whichever is less stringent or be burned in a flare that

meets the requirements of 40 CFR 60.18. Vent streams that have a total

resource effectiveness (TRE) index value greater than 1.0 are required

only to maintain the TRE index value greater than 1.0, to recalculate

the TRE index value after any process change and to install monitoring

devices on the final recovery device.

EPA's Evaluation: The regulation listed above is approvable as SIP

revisions because it conforms to EPA guidance and complies with the

requirements of the Act. EPA has determined that the RACT standards are

no less stringent than the applicable CTG.

State Submittal: Sections 41 to 48 comprise the test and compliance

methods applicable to more than one of the source categories of

sections 10 to 40. Section 48 specifies the quality control procedures

for continuous emission monitors. Each section requires that

adaptations to specified methods or alternative test methods must be

approved by the Chief of the West Virginia Office of Air Quality (the

Chief) and the U.S. EPA.

A. Section 41 requires that the methods of sections 42 to 47 be

used and sets the general requirements for test plans and testing

quality assurance programs. Test plans must be submitted to the Chief

at least 30 days prior to the testing, preliminary results within 30

days after completion and the final report within 60 days of the

completion of the testing. [[Page 6026]]

B. Section 42 specifies the methods to be used for sampling and

analyzing coatings and inks for VOC content. Specified methods for

determining VOC content are Method 24 of 40 CFR Part 60, Appendix A for

coatings and Method 24A of 40 CFR Part 60, Appendix A for inks.

C. Section 43 specifies the methods to be used by coating sources

for calculation of daily weighted average, of required overall emission

reduction efficiency and of equivalent emission limitations. Section

43.1 provides the formula for calculating the daily weighted average

VOC content. Section 43.2 specifies how the daily required control

efficiency is to be calculated. Provided are procedures: (1) to convert

the complying coating, emission limits from a mass VOC per gallon of

coating (less water and exempt solvent) basis to a solids basis, mass

VOC per gallon solids; (2) to calculate the required overall emission

reduction efficiency using the complying coating emission limit on a

solids basis and either the maximum actual VOC content (solids basis)

or the actual, daily-weighted average VOC (on a solids basis); (3) to

calculate the actual, daily-weighted average VOC (on a solids basis) of

the coatings used.

D. Section 44 and Appendix A specify the methods for measuring

capture efficiency and for calculating control device destruction or

removal efficiency.

1. Capture Efficiency

Four capture efficiency testing and calculation protocols are used:

Gas/gas methods using either a temporary total enclosure (TTE) or a

building enclosure (BE) as a TTE. Liquid/gas methods using either a BE

as a TTE or a TTE. The procedures in Appendix A to Series 21 are

specified for measuring the liquid input to the process, the mass of

gaseous, fugitive VOC that escapes and the mass of gaseous VOC

collected by the capture system. Procedure T of Appendix A to Series 21

contains the criteria for determining if a building or temporary

enclosure is a TTE. Procedure T also contains the criteria for

determining if a permanent enclosure is a Permanent Total Enclosure

(PTE). Section 44 exempts any PTE from capture efficiency testing.

2. Control Device Destruction or Removal Efficiency

Section 44.2 requires that the methods specified in Section 45 be

used for determining the flows and VOC concentrations in the inlets and

outlets of VOC control devices. Section 44 stipulates the formula for

calculating control device destruction or removal efficiency. Section

44.2 also requires continuous monitoring on carbon adsorption systems

and incinerators and specifies the requirements for such monitoring

systems.

3. Overall Capture and Control Efficiency

Section 44.3 requires that overall capture and control efficiency

be calculated as the product of the capture efficiency and the control

device efficiency.

E. Section 45 adopts reference methods found in 40 CFR Part 60,

Appendix A. The methods adopted are: Method 18, 25 or 25A for

determining VOC concentrations at the inlet and outlet of a control

device; only Method 25 is allowed for determining destruction

efficiency of thermal or catalytic incinerators. Method 1 or 1A for

velocity traverse. Method 2, 2A, 2B, 2C, or 2D for measuring velocity

and flow rates. Method 3 or 3A for determining oxygen and carbon

dioxide analysis. Method 4 for stack gas moisture. Section 45 also

specifies the number and length of tests.

F. Section 46 specifies leak detection methods. Method 21 of 40 CFR

Part 60, Appendix A is adopted.

G. Section 47 sets the performance specifications of systems for

the continuous emissions monitoring of total hydrocarbons as a

surrogate for measuring the total gaseous organic concentration in a

combustion gas stream.

H. Section 48 requires each owner or operator of a continuous

emissions monitor system (CEMS) to develop and implement a CEMS quality

control program. Section 48 defines the minimum requirements for such a

program.

EPA's Evaluation: The regulations listed above are approvable as

SIP revisions because they conform to EPA guidance and comply with the

requirements of the Act. EPA has determined that the test methods and

compliance procedures are no less stringent than that required by the

applicable CTG and pertinent EPA guidance.

As required by 40 CFR 51.102, the State of West Virginia has

certified that public hearings with regard to these proposed revisions

were held in Charleston, West Virginia on September 12, 1991.

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 become

effective April 3, 1995 unless, by March 3, 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 the companion 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 April 3, 1995.

Final Action

EPA is approving sections 1 to 9, 11, 12, 14 to 19, 21 to 29, 31,

36, 39, 41 to 48 and Appendix A to West Virginia's Title 45, Series 21

as a revision to the West Virginia SIP. The State of West Virginia

submitted these amendments to EPA as a SIP revision on August 10, 1993.

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

[[Page 6027]] reasonableness of state action. The Clean Air Act forbids

EPA to base its actions concerning SIP's on such grounds. Union

Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C.

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 approving twenty VOC RACT regulations

for West Virginia must be filed in the United States Court of Appeals

for the appropriate circuit by April 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 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: November 10, 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 XX--West Virginia

2. Section 52.2520 is amended by adding a sentence to the beginning

of paragraph (c)(25) introductory text, and by adding paragraph (c)(33)

to read as follows:

Sec. 52.2520 Identification of plan.

* * * * *

(c) * * *

(25) As of July 7, 1993 the rules in this paragraph (c)(25) are

superseded by the rules contained in paragraph (c)(33) of this section.

* * *

* * * * *

(33) Revisions to the West Virginia State Implementation Plan

submitted on August 12, 1993 by the West Virginia Department of

Commerce, Labor & Environmental Resources.

(i) Incorporation by reference.

(A) Letter of August 10, 1993 from the West Virginia Department of

Commerce, Labor & Environmental Resources transmitting Title 45

Legislative Rules, Series 21, Regulation to Prevent and Control Air

Pollution from Emission of Volatile Organic Compounds.

(B) Title 45 Legislative Rules, Series 21, Regulation to Prevent

and Control Air Pollution from Emission of Volatile Organic Compounds,

sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 14, 15, 16, 17, 18, 19, 21,

22, 23, 24, 25, 26, 27, 28, 29, 31, 36, 39, 41, 42, 43, 44, 45, 46, 47,

and 48, and Appendix A, which were adopted May 26, 1993 and effective

July 7, 1993.

(ii) Additional material.

(A) Remainder of August 10, 1993 State submittal pertaining to the

rules referenced in paragraph (c)(33)(i) of this section.

(iii) Additional information.

(A) The rules in this paragraph (c)(33) supersede the rules

contained in paragraph (c)(25) of this section.

[FR Doc. 95-2399 Filed 1-31-95; 8:45 am]

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