Approval and Promulgation of Air Quality Implementation Plans; Virginia: Approval of Group III SIP and Coke Oven Rules for Particulate Matter

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VA040-5017 & VA009-5017; FRL-5846-5]

Approval and Promulgation of Air Quality Implementation Plans;

Virginia: Approval of Group III SIP and Coke Oven Rules for Particulate

Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving two State Implementation Plan (SIP) revisions

submitted by the Commonwealth of Virginia. Approval of Virginia's Group

III SIP establishes an ambient air quality standard for particulate

matter smaller than 10 micrometers in diameter (PM-10); provides

regulatory definitions for ``particulate matter,'' ``particulate matter

emissions,'' ``PM10,'' ``PM10 emissions,'' and ``total suspended

particulate matter'' (TSP); and modifies rules regarding air pollution

episodes to include PM-10 as well as TSP action levels. Approval of the

coke oven provisions provides for limits on mass emissions, opacity,

and fugitive dust from nonrecovery coke works. This action is a result

of existing particulate matter planning requirements and is not related

to current EPA rulemaking regarding proposed revisions to National

Ambient Air Quality Standards (NAAQS) for particulate matter. There are

no PM-10 nonattainment areas in the Commonwealth of Virginia. This

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

DATES: This action is effective September 19, 1997 unless within August

20, 1997, adverse or critical comments are received. If the effective

date is delayed, timely notice will be published in the Federal

Register.

ADDRESSES: Comments may be mailed to Makeba A. Morris, Chief, Technical

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Assessment Section, Mailcode 3AT22, 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

Virginia Department of Environmental Quality, 629 East Main Street,

Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Thomas A. Casey, (215) 566-2194, at

the EPA Region III address above (Mailcode 3AT22) or via e-mail at

[email protected]. While information may be requested via e-

mail, comments must be submitted in writing to the EPA Region III

address above.

SUPPLEMENTARY INFORMATION:

I. Group III PM-10 Provisions

On July 1, 1987, EPA promulgated National Ambient Air Quality

Standards (NAAQS) for PM-10 (52 FR 24634). These standards replaced

those promulgated for total suspended particulate (TSP) in 1971. On

that day, EPA also promulgated, in 40 CFR parts 51 and 52, and

elsewhere, policies and regulations by which it would implement the PM-

10 NAAQS.

Recognizing that it would be unreasonable to require full

attainment demonstrations in all areas, EPA classified areas of the

country in groups based on the probability that each area would

maintain the new PM-10 standard. State planning requirements were

different for each group classification, but all states were required

to fulfill the Group III requirements, which included: the adoption of

ambient air quality standards for PM-10; the adoption of the definition

for PM-10 emissions; the adoption of the reference method for the

measurement of PM-10 in ambient air; the inclusion of PM-10 values in

the episode plan; and the revision of PSD permitting rules to include

PM-10 in the definitions of major source or facility, major

modification, and significant air quality impact.

On June 15, 1989, the Commonwealth of Virginia submitted to EPA a

SIP to satisfy the Group III PM-10 requirements described above.

Although the submittal pre-dates the current 40 CFR part 51 Appendix V

criteria for submittal completeness, the submittal was consistent with

the Act's procedural requirements for developing implementation plans

and plan revisions for submission to EPA.

The plan revisions include ambient air quality standards (Sec. 120-

03-06); regulatory definitions for ``particulate matter,''

``particulate matter emissions,'' ``PM10,'' ``PM10 emissions,'' and

``total suspended particulate matter'' (Sec. 120-01-02); revisions to

rules regarding air pollution episodes to include PM-10 as well as TSP

(Sec. 120-07-04); and revisions to permitting rules to provide for the

review of applications with respect to PM-10 (Sec. 120-08-02).

Virginia's rules do not include a monitoring method for PM-10 because

rules they directly reference the EPA method. Similarly, Virginia

submitted PSD-related provisions for informational purposes only.

Virginia has been delegated the authority to implement the federal,

Part 51 PSD program.1 Therefore, there is no need for

Virginia to revise its SIP to meet any PSD-related

requirement.2

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\1\ The delegation is codified at 40 CFR 52.2451.

\2\ In 1992 and 1993, Virginia submitted a complete PSD program

to EPA for incorporation into the SIP. (EPA proposed conditional

approval of this submittal on January 24, 1996. See 61 FR 1880.)

Final action on these submittals is expected in 1997.

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II. Coke Oven Provisions

On September 6, 1979, the Commonwealth of Virginia submitted to

EPA, among other things, revisions to Rule 4-9, ``Emission Standards

for Coke Ovens.'' These revisions to Rule 4-9 described this rule's

applicability to horizontal slot and slot-flue non-recovery coke ovens

(4.90); defined charging, coking, pushing, and quenching (4.91); and

provided mass emissions limits for coking, charging, and pushing;

established unit-wide visible emission limits, and a ``state-of-the-art

engineering design'' requirement for quench towers at affected slot-

flue (4.92) and slot (4.93) non-recovery ovens, including the

following:

(a) A limit of 0.15 lb (particulate)/hour/ton of coal (as charged)

for horizontal slot, sole flue, nonrecovery ovens from coking,

charging, and pushing;

(B) A limit of 0.13 lb (particulate)/hour/ton of coal (as charged)

for horizontal slot, nonrecovery ovens from coking, charging, and

pushing;

(c) The application of Virginia's generic visible emissions (VE)

requirement at coke works, which prohibit emissions with opacity

greater than 20 per cent, except during one six minute period per hour,

which are limited to 60 per cent;

(d) A limit of an average of 20 per cent VE from the coke side

enclosure averaged during each push; and

(e) An average of 20 per cent VE during charging.

EPA approved the applicability and definitions portions of this

rule on January 19, 1982, but took no action on Rule 4.92 or Rule 4.93,

except to approve the quench tower provisions. In the Federal Register

notice for that final action (47 FR 2768), EPA indicated that it would

take final action on these measures when Virginia submitted approvable

methods for determining compliance. Virginia submitted test methods on

December 27, 1982, which EPA approved on March 15, 1983 (48 FR 10833).

In an administrative oversight, EPA neglected to take final action on

the remaining provisions of Rule 4.92 and 4.93 at that time, as it

indicated it would in the January 19, 1982 notice. EPA is taking action

on Rule 4.92 and 4.93 today.

Virginia Rule 120-04-0910A states that ``Compliance with

particulate standards . . . shall be determined by three or more

emissions tests conducted at different times during the operation of

the facility.'' EPA interprets this to mean that each test shall be

performed during a different part in the coking cycle. The Commonwealth

has concurred with this interpretation.

III. Final Action

EPA is approving these SIP revisions without prior proposal because

the Agency views them as noncontroversial and anticipates no adverse

comments. However, in a separate document in this Federal Register

publication, EPA is proposing to approve these SIP revisions should

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

September 19, 1997 unless, by August 20, 1997, adverse or critical

comments are received.

If EPA receives such comments on either action, the 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 either 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 September 19,

1997.

The Agency has reviewed this request for revision of the federally-

approved

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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 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.

IV. Administrative Requirements

A. Executive Order 12866

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.

B. Regulatory Flexibility Act

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 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).

C. Unfunded Mandates

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

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 promulgated approval action 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

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial 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 September 19, 1997. Filing a

petition for reconsideration by the Administrator of these rules does

not affect the finality of these rules 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. EPA's action to approve these Group III and coke oven

PM-10 requirements into the Virginia SIP may not be challenged later in

proceedings to enforce these requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Particulate matter.

Dated: June 16, 1997.

W. Michael McCabe,

Regional Administrator, Region III.

Chapter I, title 40, of the Code of Federal Regulations 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 paragraphs (c)(115) and

(c)(116) to read as follows:

Sec. 52.2420 Identification of plan.

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(c) * * *

(115) Revisions to Virginia's regulations to fulfill Group III PM-

10 requirements, submitted on June 15, 1989, by the Virginia Department

of Environmental Quality:

(i) Incorporation by reference.

(A) Letter of June 15, 1989 from the Virginia Department of

Environmental Quality transmitting Virginia's Group III PM-10 SIP

revisions to EPA.

(B) ``Group III'' PM-10 plan revisions (effective July 1, 1988).

(1) Virginia rule 120-01-02, which provides regulatory definitions

for ``particulate matter,'' particulate matter emissions,'' ``PM10,''

``PM10 emissions,'' and ``total suspended particulate matter'';

(2) Virginia rule 120-03-06, which provides an ambient air quality

standard for PM-10;

(3) Virginia rule 120-07-04, which revises rules regarding air

pollution episodes to include PM-10 as well as TSP; and

(4) Virginia rule 120-0802, which revise permitting rules to

provide for the review of proposed permits with respect to PM-10.

(ii) Additional material.

(A) Remainder of Virginia's June 15, 1989 submittal.

(116) Revisions to Virginia's coke oven regulations submitted

September 6, 1979 as revised February 14, 1985.

(i) Incorporation by reference.

(A) Letters of September 6, 1979 and February 14, 1985 from the

Virginia

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Department of Environmental Quality transmitting regulations limiting

particulate matter emissions from coke oven batteries.

(B) Revisions to Virginia Department of Environmental Quality Rule

4-9 limiting particulate emissions from coke oven batteries (effective

March 3, 1979; January 1, 1985):

(1) Virginia rules 120-04-0903A and 120-04-0903B, which provide

mass emission limits from coking, charging, and pushing operations;

(2) Virginia rule 120-04-0905, which provides a standard for

visible emissions;

(3) Virginia rule 120-04-0906, which provides a standard for

fugitive dust and other fugitive emissions;

(4) Virginia rule 120-04-0910A, which specifies the timing in the

coking cycle of multiple tests pursuant 120-04-0903; and

(5) Virginia rule 120-04-0910B.2 which specifies the certification

and testing methods for Virginia Rule 120-04-0905.

(ii) Additional material.

(A) Remainder of Virginia's September 6, 1979 submittal related

emission limits for coke oven batteries.

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[FR Doc. 97-19098 Filed 7-18-97; 8:45 am]

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