Approval and Promulgation of Air Quality Implementation Plans; Virginia; Control of VOC Emissions From Solvent Metal Cleaning Operations

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VA 097-5041; FRL-6459-9]

Approval and Promulgation of Air Quality Implementation Plans;

Virginia; Control of VOC Emissions From Solvent Metal Cleaning

Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

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

submitted by the Commonwealth of Virginia. The revisions pertain to and

clarify the Commonwealth's regulation to control of volatile organic

compound (VOC) emissions from solvent metal cleaning operations using

non-halogenated solvents, and update another of its regulations to

incorporate certain federal regulations by reference. The intended

effect of this action is to approve the Commonwealth's request to

approve these SIP revisions pertaining to solvent metal cleaning

operations.

DATES: This final rule is effective on December 20, 1999 without

further notice, unless EPA receives adverse

[[Page 59636]]

comments by December 3, 1999. If EPA receives adverse comments, we will

publish a timely withdrawal of the direct final rule in the Federal

Register and inform the public that the rule will not take effect.

ADDRESSES: Written comments should be addressed to David Arnold, Chief,

Ozone and Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental

Protection Agency, Region III, 1650 Arch Street, Philadelphia,

Pennsylvania 19103. Copies of the documents relevant to this action are

available for public inspection during normal business hours at the Air

Protection Division, U.S. Environmental Protection Agency, Region III,

1650 Arch Street, Philadelphia, Pennsylvania 19103; 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, P.O. Box 10009, 629 East Main Street,

Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Janice M. Lewis, (215) 814-2185, at

EPA Region III address above or via e-mail at [email protected].

While information may be requested by e-mail, any comments must be

submitted in writing to the EPA Region III address above.

SUPPLEMENTARY INFORMATION:

I. Background

On April 22, 1996 the Virginia Department of Environmental Quality

(VADEQ) submitted a revised version of Rule 4-24 (9 VAC 5-40-3260 et

seq) Emission Standards for Solvent Metal Cleaning Operations Using

Non-Halogenated Solvents as adopted on December 19, 1995, published in

the Virginia Register of Regulations (Volume 12, Issue 11) on February

19, 1996, and effective on April 1, 1996. The VADEQ originally adopted

this regulation in 1979 to satisfy the Clean Air Act's (the Act's)

requirement that states impose reasonably available control technology

(RACT) requirements on sources of volatile organic compound (VOC)

emissions located in ozone nonattainment areas. In accordance with the

Act's requirements, this RACT regulation applies in the Virginia

portion of the Metropolitan Washington DC ozone nonattainment area and

also applies in the previously designated ozone nonattainment areas of

Richmond and Hampton Roads which have been redesignated to attainment

for the one-hour ozone ambient air quality standard. The redesignations

do not alter the Act's requirements that RACT be imposed on sources of

VOC located in the of the Richmond and Hampton Roads areas. On December

19, 1995, Virginia adopted amendments to the regulation to update it to

conform to recently issued EPA guidance, and on April 22, 1996

submitted it to EPA for approval as SIP revision.

On October 9, 1998, VADEQ submitted an amendment to the 9 VAC 5-40-

3260 Applicability and designation of affected facility portion of Rule

4-24 (9 VAC 5-40-3260 et seq) Emission Standards for Solvent Metal

Cleaning Operations Using Non-Halogenated Solvents. Although the title

of the December 19, 1995 version of Rule 4-24 specifically referred to

sources using non-halogenated solvents, the portion of the regulation

entitled Applicability and designation of affected facility did not.

Therefore, to clarify any potential for confusion, Virginia adopted a

technical amendment to add language to the 9 VAC 5-40-3260

Applicability and designation of affected facility portion of Rule 4-24

to specify that it applies to facilities using non-halogenated

solvents. This amendment was adopted on January 8, 1997, published in

the Virginia Register of Regulations (Volume 13, Issue 14) on March 31,

1997 and effective on April 1, 1997.

EPA has determined that Rule 4-24 (9 VAC 5-40-3260 et seq) Emission

Standards for Solvent Metal Cleaning Operations Using Non-Halogenated

Solvents as originally submitted on April 22, 1996, and as revised by

the October 9, 1998 submittal, meets all federal guidance for approval.

As a separate matter, the Commonwealth's October 9, 1998 submittal

also included requests that EPA approve revisions made to Rule 6-2 (9

VAC 5-60-90 et seq) pertaining to the use of halogenated solvents as a

source category subject to maximum available control technology (MACT)

to control air toxics. For the Commonwealth to maintain its delegation

of authority for the MACT standard, and to make this federal rule part

of the SIP to establish RACT for halogenated solvent sources, Virginia

adopted the relevant federal regulations found at 40 CFR Part 63.460

through 40 CFR Part 63.469 by incorporating them by reference into Rule

6-2 at 9 VAC 5-60-100, Subpart T. The Commonwealth also amended Rule 6-

2 at 9 VAC 5-60-90 to update its dated citation of the Code of Federal

Regulations from which regulations have been incorporated by reference

from the 1994 version to the 1996 version. EPA is approving both of

these revisions.

II. Final Action

EPA is approving the SIP revisions pertaining to solvent metal

cleaning submitted by the VADEQ on April 22, 1996 and October 9, 1998.

EPA is approving these SIP revisions without a prior proposal

because the Agency views this as a noncontroversial amendment and

anticipates no adverse comments. However, in the proposed rules section

of this Federal Register publication, EPA is publishing a separated

document that will serve as the proposal to approve the SIP revisions

should adverse or critical comments be filed. This SIP revision will be

effective December 20, 1999 without further notice unless the Agency

receives adverse comments by December 3, 1999. If EPA receives such

comments, then EPA will publish a document withdrawing the final action

and informing the public that the action will not take effect. All

public comments received will then be addressed in a subsequent final

action based on the proposed rule. EPA will not institute a second

comment period on the rule. 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 SIP revision will be effective on December

20, 1999 and no further action will be taken on the proposed rule.

III. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from review under E.O. 12866, entitled ``Regulatory

Planning and Review.''

B. Executive Orders on Federalism

Under E.O. 12875, EPA may not issue a regulation that is not

required by statute and that creates a mandate upon a state, local, or

tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments. If EPA complies by consulting, E.O. requires EPA to

provide to the Office of Management and Budget a description of the

extent of EPA's prior consultation with representatives of affected

state, local, and tribal governments, the nature of their concerns,

copies of written communications from the governments, and a statement

supporting the need to issue the regulation. In addition, E.O. 12875

requires EPA to develop an effective process permitting elected

officials and other representatives of state, local, and tribal

governments ``to

[[Page 59637]]

provide meaningful and timely input in the development of regulatory

proposals containing significant unfunded mandates.'' Today's rule does

not create a mandate on state, local or tribal governments. The rule

does not impose any enforceable duties on these entities. Accordingly,

the requirements of section 1(a) of E.O. 12875 do not apply to this

rule. On August 4, 1999, President Clinton issued a new executive order

on federalism, Executive Order 13132, [64 FR 43255 (August 10, 1999),]

which will take effect on November 2, 1999. In the interim, the current

Executive Order 12612, [52 FR 41685 (October 30, 1987),] on federalism

still applies. This rule will not have a substantial direct effect on

States, on the relationship between the national government and the

States, or on the distribution of power and responsibilities among the

various levels of government, as specified in Executive Order 12612.

The rule affects only one State, and does not alter the relationship or

the distribution of power and responsibilities established in the Clean

Air Act.

C. Executive Order 13045

E.O. 13045, entitled ``Protection of Children from Environmental

Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies

to any rule that the EPA determines (1) is ``economically

significant,'' as defined under E.O. 12866, and (2) the environmental

health or safety risk addressed by the rule has a disproportionate

effect on children. If the regulatory action meets both criteria, the

Agency must evaluate the environmental health or safety effects of the

planned rule on children and explain why the planned regulation is

preferable to other potentially effective and reasonably feasible

alternatives considered by the Agency. This final rule is not subject

to E.O. 13045 because it is not an economically significant regulatory

action as defined by E.O. 12866, and it does not address an

environmental health or safety risk that would have a disproportionate

effect on children.

D. Executive Order 13084

Under E.O. 13084, EPA may not issue a regulation that is not

required by statute, that significantly affects or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments. If EPA complies by

consulting, Executive Order 13084 requires EPA to provide to the Office

of Management and Budget, in a separately identified section of the

preamble to the rule, a description of the extent of EPA's prior

consultation with representatives of affected tribal governments, a

summary of the nature of their concerns, and a statement supporting the

need to issue the regulation. In addition, Executive Order 13084

requires EPA to develop an effective process permitting elected and

other representatives of Indian tribal governments ``to provide

meaningful and timely input in the development of regulatory policies

on matters that significantly or uniquely affect their communities.''

Today's rule does not significantly or uniquely affect the communities

of Indian tribal governments. This action does not involve or impose

any requirements that affect Indian Tribes. Accordingly, the

requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because conditional approvals of

SIP submittals under section 110 and subchapter I, part D of the CAA 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, I certify 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 Clean Air

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).

F. 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 regulation that includes a Federal mandate that may result in

estimated annual costs to State, local, or tribal governments in the

aggregate; or to the private sector, of $100 million or more. Under

Section 205, EPA must select the most cost-effective and least

burdensome alternative that achieves the objectives of the rule and is

consistent with statutory requirements. Section 203 requires EPA to

establish a plan for informing and advising any small governments that

may be significantly or uniquely impacted by the rule. EPA has

determined that the approval action proposed does not include a federal

mandate that may result in estimated annual 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.

G. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit 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 United States prior

to publication of the rule in the Federal Register. This rule is not a

``major rule'' as defined by 5 U.S.C. 804(2).

H. 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

pertaining to solvent metal cleaning operations in the Commonwealth

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

circuit by January 3, 2000. Filing a petition for reconsideration by

the Administrator of this final rule does not affect the finality of

this rule for the purposes of judicial review nor does it extend the

time within which a petition for judicial review may be filed, and

shall not postpone the effectiveness of such rule or action. This

action to approve revisions to the Virginia SIP pertaining to solvent

metal cleaning operations may not be challenged later

[[Page 59638]]

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, Ozone.

Dated: September 30, 1999.

Thomas C. Voltaggio,

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 et seq.

Subpart VV--Virginia

2. Section 52.2420 is amended by adding paragraph (c)(130) to read

as follows:

Sec. 52.2420 Identification of plan.

* * * * *

(c) * * *

(130) Revisions to the State Implementation Plan submitted on April

22, 1996 and October 9, 1998 by the Virginia Department of

Environmental Quality regarding regulations for reasonably available

control technology requirements to control volatile organic compound

emissions from solvent metal cleaning operations using non-halogenated

solvents.

(i) Incorporation by reference.

(A) The letters dated April 22, 1996 and October 9, 1998 from the

Virginia Department of Environmental Quality transmitting revisions to

the Virginia State Implementation Plan pertaining to Rule 4-24 (9 VAC

5-40-3260 et seq.) of 9 VAC 5 Chapter 40.

(B) The amended version of Rule 4-24 (9 VAC 5-40-3260 et seq.)

Emission Standards for Solvent Metal Cleaning Operations Using

Nonhalogenated Solvents as adopted on December 19, 1995, published in

the Virginia Register of Regulations (Volume 12, Issue 11) on February

19, 1996, and effective on April 1, 1997.

(C) Amendments to 9 VAC 5-40-3260 Applicability and designation of

affected facility of Rule 4-24 (9 VAC 5-40-3260 et seq.) Emission

Standards for Solvent Metal Cleaning Operations Using Non-Halogenated

Solvents adopted on January 8, 1997, published in the Virginia Register

of Regulations (Volume 13, Issue 14) on March 31, 1997 and effective on

April 1, 1997.

(ii) Additional Materials--The remainders of the April 22, 1996 and

October 1998 submittals which pertain to Rule 4-24 (9 VAC 5-40-3260 et

seq.) Emission Standards for Solvent Metal Cleaning Operations Using

Non-Halogenated Solvents.

3. Section 52.2423 is amended by adding paragraph (q) to read as

follows:

Sec. 52.2423 Approval status.

* * * * *

(q) EPA approves as part of the Virginia State Implementation Plan

the following revisions to the Virginia Regulations for the Control and

Abatement of Pollution submitted by the Virginia Department of

Environmental Quality on October 9, 1998:

(1) Subpart T of 9 VAC 5-60-100 Designated emission standards of

Rule 6-2 (9 VAC 5-60-90 et seq.) of 9 VAC 5 Chapter 60 amended to adopt

40 CFR 63.460 through 63.469 by reference. This amendment was adopted

on January 8, 1997, published in the Virginia Register of Regulations

on March 31, 1997 and effective on May 1, 1997.

(2) Revised date reference to 40 CFR part 63 (July 1, 1996)

contained in 9 VAC 5-60-90 (General), as it pertains to the documents

listed in 9 VAC 5-60-100, Subpart T.

[FR Doc. 99-27675 Filed 11-2-99; 8:45 am]

BILLING CODE 6560-50-P