Approval and Promulgation of Air Quality Implementation Plans; Virginia; Standards for Volatile Organic Compound (VOC) Emissions

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VA059-5016a and VA060-5016a; FRL-5698-1]

Approval and Promulgation of Air Quality Implementation Plans;

Virginia; Standards for Volatile Organic Compound (VOC) Emissions

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. These revisions pertain to

amendments to Virginia's controls on sources of volatile organic

compound (VOC) emissions in the Northern Virginia portion of the

Metropolitan Washington DC serious ozone nonattainment area and the

Richmond moderate ozone nonattainment area. These revisions were

submitted to impose additional control measures on sources of VOC

emissions to provide emissions reductions which are creditable toward

the 15% Rate of Progress Plan (15% ROP Plan) in the Northern Virginia

portion of the Metropolitan Washington DC nonattainment area; and to

impose additional control measures in the Richmond nonattainment area

to reduce VOC emissions. The intended effect of today's action is to

approve the submitted amendments to Virginia's rules imposing

additional controls on sources of VOCs because they strengthen the

Virginia SIP and provide creditable measures upon which Virginia can

rely in the 15% ROP Plan for Northern Virginia. Additionally, EPA is

taking action in this rulemaking to approve a renumbering of the

revised Virginia regulations submitted in these SIP revisions. This

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

DATES: This final rule is effective April 28, 1997, unless within April

11, 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 David L. Arnold, Chief, Ozone/CO

and Mobile Sources Section, Mailcode 3AT21, 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 and the Virginia Department of Environmental Quality, 629 East

Main Street, Richmond, Virginia, 23219.

FOR FURTHER INFORMATION CONTACT: Kristeen Gaffney, (215) 566-2092, or

via e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

Section 182(b)(1) of the CAA requires ozone nonattainment areas

with classifications of moderate and above to develop plans to reduce

area-wide VOC emissions by 15 percent from a 1990 baseline. These 15%

Rate of Progress (ROP) Plans were to be submitted by November 15, 1993

and the reductions were required to be achieved within 6 years of

enactment or November 15, 1996.

This rulemaking addresses two SIP revisions submitted by the

Commonwealth of Virginia. The first revision, submitted on April 22,

1996, consists of two new regulations and revisions to previously SIP-

approved State regulations to regulate sources of volatile organic

compounds (VOCs). The second SIP revision also addressed in this

rulemaking, submitted by the Virginia Department of Environmental

Quality on April 26, 1996, consists of revisions to Virginia Regulation

120-04-40--``Emission Standards for Open Burning.''

The amendments to Virginia's SIP require reasonably available

control technology (RACT) determinations on all sources with the

theoretical potential to emit 25 tons per year (TPY) or greater of VOCs

in the Northern Virginia portion of the Metropolitan Washington DC

nonattainment area. This amendment lowers the RACT applicability

threshold from the CAA mandated 50 TPY to 25 TPY in the Northern

Virginia area. The Commonwealth relies, in part, on the reductions

achieved by lowering the RACT applicability threshold to satisfy the

Northern Virginia portion of the 15% ROP Plan for the Metropolitan

Washington DC nonattainment area. These SIP revisions impose additional

VOC reduction measures on graphic arts processes, lithographic printing

processes, and impose restrictions on open burning in both the Northern

Virginia portion of the Metropolitan Washington DC nonattainment area

and in the Richmond nonattainment area. Elsewhere in today's Federal

Register, EPA is proposing conditional interim approval of the 15% ROP

Plan for the Northern Virginia portion of the Metropolitan Washington

DC nonattainment area. It should be noted that a redesignation request

and maintenance plan for the Richmond area are currently pending before

EPA. The reductions achieved by these SIP revisions in the Richmond

area are part of the maintenance plan portion of the Commonwealth's

redesignation request for Richmond. The redesignation request and

maintenance plan themselves will be the subject of a separate

rulemaking by EPA.

II. Summary of the Virginia Submittals

The April 22, 1996 submittal consists of revisions to Virginia rule

120-1 ``General Definitions'', rule 120-4-4, ``Emission Standards for

General Process Operations'', rule 120-4-36, ``Emission Standards for

Flexographic, Packaging Rotogravure, and Publication Rotogravure

Printing Lines'', and Appendix S (``Air Quality Programs Policies and

Procedures''), plus submittal of new rules 120-4-43 ``Emission

Standards for Sanitary Landfills'' and rule 120-4-45, ``Emission

Standards for Lithographic Printing Processes''. Please note that EPA

is not taking action on rule 120-4-43 ``Emission Standards for Sanitary

Landfills,'' (renumbered to be Article 43, Rule 4-43, 9 VAC 5-40-5800)

in this direct final rulemaking. That revision to the Virginia SIP will

be the subject of a separate rulemaking. The April 26, 1996 SIP

revision consists of revisions to Virginia regulation 120-04-40,

``Emission Standards for Open Burning.''

The Commonwealth of Virginia is in the process of renumbering its

Regulations for the Control and Abatement of Air Pollution. The

regulations submitted for revision as part of this review have been

renumbered and adopted by the Commonwealth as follows:

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Virginia regulation Former rule number Revised rule number

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General Definitions.................... VA 120-01-01.............. 9 VAC 5-10-10.

VA 120-01-02.............. 9 VAC 5-10-20.

General Process Operations............. VA 120-04-04.............. 9 VAC 5-40-240-420.

Flexographic and rotogravure printing.. VA 120-04-36.............. 9 VAC 5-40-5060-5190.

[[Page 11335]]

Open Burning........................... VA 120-04-40.............. 9 VAC 5-40-5600-5640.

Lithographic Printing.................. VA 120-04-45.............. 9 VAC 5-40-7800-7940.

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While the purpose of this rulemaking is to act upon the SIP

revisions as meeting the requirements of the CAA and achieving

reductions creditable for the 15% ROP Plan, EPA is also taking action

to approve of the renumbering of the above regulations in today's

rulemaking and incorporating them in the Virginia SIP. Please note that

throughout the rest of this rulemaking, the rules will be referred to

by the newly revised numbering scheme.

The SIP revision submitted by the Commonwealth on April 22, 1996,

also contains revisions to the requirements for sources of nitogen

oxides (NOX) in section 9 VAC 5-40-310 (formerly numbered 120-04-

0408). Virginia's rule to impose RACT on major stationary NOX

sources in Northern Virginia was originally submitted as a SIP revision

to EPA on November 9, 1992. EPA has not yet taken final rulemaking

action on this SIP revision. The Commonwealth's April 22, 1996

submittal revises section 9 VAC 5-40-310 from the version of the rule

originally submitted to EPA on November 9, 1992. EPA is currently

evaluating the combined revisions submitted by the Commonwealth to

impose RACT on major stationary sources of NOX, and shall take

action on section 9 VAC 5-40-310 in a separate rulemaking notice.

III. Detailed Description of the SIP Revisions

A. Revisions to 9 VAC 5-10-20 ``General Definitions''

Definitions were added for ``Federally enforceable'',

``Implementation plan''; ``Potential to Emit'' and ``State

enforceable''; and definitions were revised for ``Administrator'' and

``Volatile organic compound''.

B. Revisions to Article 4 ``Emission Standards for General Process

Operations'' (Rule 4-4), Subsection 9-VAC 5-40-300 ``Standard for

Volatile Organic Compounds''

Subsection 9-VAC 5-40-300 applies to any facility with the

theoretical potential to emit 25 tpy or greater of VOCs that is not

already subject to a SIP regulation developed pursuant to a federal

Control Technique Guideline (CTG) or to any other federally approved

SIP RACT rule. The CAA requires RACT for all major stationary sources

(defined in serious ozone nonattainment areas as sources emitting 50

tons per year) of VOCs in nonattainment areas not otherwise covered by

a CTG-based SIP regulation. Section 5-40-300 meets this requirement and

requires source-specific RACT determinations for all sources meeting

the major source definition not already subject to a CTG or source

category based RACT limit.

In the April 22, 1996 SIP revision, the applicability threshold has

been lowered from the CAA mandated 50 TPY to 25 TPY in the Northern

Virginia portion of the Metropolitan Washington DC ozone nonattainment

area. The VOC RACT requirement now applies to all facilities that are

within a stationary source and have a theoretical potential to emit 25

tpy or greater in the Northern Virginia portion of the nonattainment

area. The 15% ROP Plan for the Northern Virginia portion of the

Metropolitan Washington D.C. area relies on this control strategy to

satisfy the 15% VOC reduction goal. The revised Virginia regulation

requires sources with the potential to emit 50 tpy VOCs or greater in

Northern Virginia and sources with the potential to emit 100 tpy VOCs

or greater in Richmond to meet the CAA-mandated May 31, 1995 RACT

compliance deadline. The revised Virginia regulation requires sources

with the potential to emit equal to or greater than 25 tpy but less

than 50 tpy in Northern Virginia to comply with RACT no later than May

31, 1996.

Article 4 ``Emission Standards for General Process Operations'' (Rule

4-4), subsection 9 VAC 5-40-420 ``Permits'' was clarified by adding

that the ``operation'' of a facility is also an activity for which a

source may be required to obtain a permit.

C. Article 36 ``Emission Standards for Flexographic, Packaging

Rotogravure, and Publication Rotogravure Printing Lines'' (Rule 4-36)

Rule 4-36 is an existing SIP approved rule that has been revised to

lower the applicability from 100 tpy to 25 tpy in the Northern Virginia

area, add applicability to surface coatings other than printing inks,

add alternative procedures for determining compliance, add compliance

requirements for single and multiple printing lines and averaging

periods, and clarify certain terms and provisions.

D. Article 45, ``Emission Standards for Lithographic Printing

Processes'' Rule 45, All Sections 9 VAC 5-40-7800 Through 9 VAC 5-40-

7940

This is a new regulation being added to Virginia's SIP to control

VOC emissions from lithographic printing processes that use a substrate

other than a textile. This rule applies to all non-exempted

lithographic printing processes that use a substrate other than a

textile in the Northern Virginia and Richmond areas with the

theoretical potential to emit VOCs equal to or greater than 10 tons per

year and 100 tons per year, respectively, for these areas.

E. Revisions to Virginia regulation Part IV, ``Emission Standards for

Open Burning'' Rule 4-40

Effective April 1, 1996 new regulatory provisions prohibit open

burning of construction waste, debris waste and demolition waste both

on site and in landfills in the Northern Virginia portion of the

Metropolitan Washington DC ozone nonattainment area during the peak

ozone season, the months of June, July and August. Effective in January

2000, this ban will extend to the Richmond and Hampton Roads ozone

nonattainment areas.

F. Revisions to Appendix S ``Air Quality Program Policies and

Procedures''

Appendix S describes materials available to the public on the

Commonwealth's procedures and guidelines for meeting certain VOC

regulations. Revisions being approved today include administrative

changes to I.D and II.C; and revisions to AQP-3 ``Procedures For the

Measurement of Capture Efficiency For Determining Compliance With

Volatile Organic Compound Emission Standards Covering Surface Coating

Operations and Graphic Arts Printing Processes (Flexographic, Packaging

Rotogravure, and Publication Rotogravure Printing Lines)''.

IV. Final Action

EPA is approving the April 22, 1996 and April 26, 1996 SIP

revisions submitted by the Commonwealth of Virginia as revisions to the

Virginia SIP except for rule 9 VAC 5-40-5800, pertaining to sanitary

landfills, and section 9 VAC 5-40-310, pertaining to

[[Page 11336]]

sources of NOX, for the reasons discussed in this notice. EPA is

approving the SIP revisions, as discussed in this notice, because they

satisfy CAA requirements and comport with all applicable federal

policies and guidance.

EPA is approving these revisions without prior proposal because the

Agency views them as noncontroversial amendments 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 April 28, 1997 unless, by April 11, 1997, 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

April 28, 1997.

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.

VI. 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, 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, EPA

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 approval action 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

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

section 5 U.C.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 to approve revisions to the Virginia SIP

must be filed in the United States Court of Appeals for the appropriate

circuit by May 12, 1997. Filing a petition for reconsideration by the

Regional 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 revisions to the Virginia SIP to control VOCs 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.

Dated: February 25, 1997.

Stanley L. Laskowski,

Acting Regional Administrator, Region III.

40 CFR part 52, subpart VV of chapter I, title 40 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)(113) and

(c)(114) to read as follows:

Sec. 52.2420 Identification of plan.

* * * * *

(c) * * *

(113) Revisions to the Virginia State Implementation Plan submitted

April 22, 1996 by the Virginia Department of Environmental Quality.

(i) Incorporation by reference.

(A) Letter of April 22, 1996 from the Virginia Department of

Environmental Quality transmitting revisions to Virginia's State

Implementation Plan, pertaining to regulations to control sources of

volatile organic compounds (VOC).

(B) Revisions to the following Virginia regulations adopted by the

Virginia

[[Page 11337]]

State Air Pollution Control Board on December 19, 1995 and effective

April 1, 1996:

(1) Added Definitions to 9-VAC 5-10-20 (General Definitions)

(Former SIP Section 120-01-02)--``Federally enforceable'',

``Implementation plan'', ``Potential to Emit'', and ``State

enforceable''; and revised definitions to 9-VAC 5-10-20 for

``Administrator'' and ``Volatile organic compound''.

(2) Revisions to Article 4, Rule 4-4, ``Emission Standards for

General Process Operations'' (Former SIP Citation--Part IV, Rule 4-4),

sections 9 VAC 5-40-300A. (citation only), B., and C. (Former SIP

Sections 120-04-0407A., B, and C).

(3) Revisions to Article 4, Rule 4-4, section 9-VAC 5-40-420

(Former SIP Section 120-04-0419)--Introductory paragraph and paragraphs

5-40-420.1 through .5 are revised, while paragraph 5-40-420.6 is added.

(4) Revisions to Article 36, Rule 4-36 ``Emission Standards for

Flexographic, Packaging Rotogravure, and Publication Rotogravure

Printing Lines'' (former Part IV, Rule 4-36), sections 9 VAC 5-40-5060,

subsections A., B. (citation only), C., and E.1 and .2 (Former SIP

sections 120-04-3601.A. through D.1 and D.2); additions of sections 9

VAC 5-40-5060.D and .E.3.

(5) Revisions to Article 36, Rule 4-36, sections 9 VAC 5-40-

5070.A., B. (citations only), (Former SIP section 120-04-3602.A., B.);

C. (revised definitions for ``Flexographic printing'', ``High-solids

ink or surface coating'', ``Low-solvent ink or surface coating'',

``Packaging rotogravure printing'', ``Printing'', ``Publication

rotogravure printing'', ``Waterborne ink or surface coating'' and added

definitions for ``Compliant ink or surface coating'', ``Cleaning

solutions'', ``Electrostatic duplication'', ``Letterpress printing'',

``Lithographic printing'', ``Non-compliant ink or surface coating'',

``Printing Line'', ``Surface coating'' and ``Web''; deletion of ``Roll

printing'') (Former SIP section 120-04-3602.C.).

(6) Revisions to Article 36, Rule 4-36, Sections 9 VAC 5-40-5080.A.

(Former SIP section 120-04-3603.A.); Addition of Section 9 VAC 5-40-

5080.B.; Deletion of SIP Sections 120-04-3603.B., C.; Revisions to

Sections 9 VAC 5-40-5130.A., B. (Former SIP sections 120-04-3609.A.,

B.); Addition of Sections 9 VAC 5-40-5130.C., D., E.; Revisions to

Section 9 VAC 5-40-5140.A. (Former SIP section 120-04-3610.A.);

Addition of Section 9 VAC 5-40-5140.B.; Revisions to Sections 9 VAC 5-

40-5190 (Former SIP Section 120-04-3615)--Introductory paragraph and

paragraphs 5-40-5190.1 through .5 are revised, while paragraph 5-40-

5190.6 is added.

(7) Revised citations of Article 36, Rule 4-36, Sections 9 VAC 5-

40-5090, 5-40-5100, 5-40-5150, 5-40-5160, 5-40-5170 and 5-40-5180 (SIP

Sections 120-04-3605, 120-04-3606, 120-04-3611, 120-04-3612, 120-04-

3613, and 120-04-3614 respectively).

(8) Addition of Article 45, ``Emission Standards for Lithographic

Printing Processes'' (Rule 4-45), Sections 9 VAC 5-40-7800 through 9

VAC 5-40-7850 inclusive; Sections 9 VAC 5-40-7880 through 9 VAC 5-40-

7940 inclusive.

(9) Revisions to Appendix S (``Air Quality Program Policies and

Procedures''), sections I.D and II.C.

(10) Revisions to AQP-3 ``Procedures For the Measurement of Capture

Efficiency For Determining Compliance With Volatile Organic Compound

Emission Standards Covering Surface Coating Operations and Graphic Arts

Printing Processes (Flexographic, Packaging Rotogravure, and

Publication Rotogravure Printing Lines)''.

(ii) Additional material.

(A) Remainder of April 22, 1996 Commonwealth submittal pertaining

to regulations 4-4, 4-36, 4-45 and Appendix S.

(114) Revisions to the Virginia State Implementation Plan submitted

April 26, 1996 by the Virginia Department of Environmental Quality.

(i) Incorporation by reference.

(A) Letter of April 26, 1996 from the Virginia Department of

Environmental Quality transmitting revisions to Virginia's State

Implementation Plan.

(B) Revisions to the following Virginia regulation adopted by the

Virginia State Air Pollution Control Board on December 19, 1995 and

effective April 1, 1996:

(1) Revisions to Article 40, Rule 4-40 ``Emission Standards for

Open Burning'' [former Part IV, Rule 4-40], Sections 9 VAC 5-40-

5600.A.(all revisions) and B. (citation only) (Former SIP Sections 12-

04-4001.A. and .B.) Addition of Section 9 VAC 5-40-5600.C.

(2) Revisions to Article 40, Rule 4-40, Sections 9 VAC 5-40-

5610.A.and B. (citations only) (Former SIP Sections 120-04-4002.A. and

B.); revised citation for the definitions ``refuse'' and ``household

refuse'' in Section 5-40-5610.C. (Former SIP Section 120-04-4002.C.),

added definitions in Section 5-40-5610.C for ``Clean burning waste'',

``Landfill'', ``Local landfill'', ``Sanitary landfill'' and ``Special

incineration device''.

(3) Addition of Sections 9 VAC 5-40-5620 (Open Burning

Prohibitions), 9 VAC 5-40-5630 (Permissible Open Burning), and 9 VAC 5-

40-5640 (Waivers).

(4) Revisions to Appendix D (Forest Management and Agricultural

Practices), Sections II (introductory sentence), II.E. and III.F.

(ii) Additional material.

(A) Remainder of April 22, 1996 Commonwealth submittal pertaining

to regulation 4-40.

[FR Doc. 97-6079 Filed 3-11-97; 8:45 am]

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