[Federal Register Volume 73, Number 153 (Thursday, August 7, 2008)]
[Proposed Rules]
[Pages 45925-45928]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18191]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2008-0472; FRL-8701-9]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Stafford County Reasonably Available Control Technology Under
the 8-Hour Ozone National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Virginia. This SIP revision
pertains to the requirements in meeting the reasonably available
control technology (RACT) under the 8-hour ozone national ambient air
quality standard (NAAQS). These requirements are based on:
Certification that previously adopted RACT controls in Virginia's SIP
that were approved by EPA under the 1-hour ozone NAAQS are based on the
currently available technically and economically feasible controls, and
that they continue to represent RACT for the 8-hour implementation
purposes; a negative declaration demonstrating that no facilities exist
in Stafford County for the applicable control technology guideline
(CTG) categories; and new RACT determinations. This action is being
taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before September 8,
2008.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2008-0472 by one of the following methods:
A. www.regulations.gov: Follow the on-line instructions for
submitting comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2008-0472, Cristina Fernandez, Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2008-0472. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Virginia Department of Environmental Quality, 629
East Main Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by
e-mail at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION: On April 21, 2008, the Virginia Department
of Environmental Quality (VADEQ) submitted a revision to its SIP that
addresses Stafford County's requirements of RACT under the 8-hour ozone
NAAQS set forth by the CAA.
I. Background
Ozone is formed in the atmosphere by photochemical reactions
between volatile organic compounds (VOC), oxides of nitrogen
(NOX) and carbon monoxide (CO) in the presence of sunlight.
In order to reduce ozone concentrations in the ambient air, the CAA
requires all nonattainment areas to apply control on VOC/NOX
emission sources to achieve emission reductions. Among effective
control measures, RACT controls are a major group for reducing VOC and
NOX emissions from stationary sources.
Since the 1970s, EPA has consistently interpreted RACT to mean the
lowest
[[Page 45926]]
emission limit that a particular source is capable of meeting by the
application of the control technology that is reasonably available
considering technological and economic feasibility. See, e.g., 72 FR
20586 at 20610 (April 25, 2007). Section 182 of the CAA sets forth two
separate RACT requirements for ozone nonattainment areas. The first
requirement, contained in section 182(a)(2)(A) of the CAA, and referred
to as RACT fix-up requires the correction of RACT rules for which EPA
identified deficiencies before the CAA was amended in 1990. On March
31, 1994, EPA published a final rulemaking notice approving the
Commonwealth of Virginia's SIP revision in order to correct the
Commonwealth's VOC RACT regulations and establish and require the
implementation for revised SIP regulations to control VOCs (59 FR
15117, March 31, 1994). The second requirement, set forth in section
182(b)(2) of the CAA, applies to moderate (or worse) ozone
nonattainment areas as well as to marginal and attainment areas in
ozone transport region (OTR) established pursuant to section 184 of the
CAA, and requires these areas to implement RACT controls on all major
VOC and NOX emission sources and on all sources and source
categories covered by a control technique guideline (CTG) issued by
EPA. On March 12, 1997, EPA published a final rulemaking notice
approving the Commonwealth of Virginia's SIP revision as meeting the
CTG RACT provisions of the CAA (62 FR 11332, March 12, 1997). Further
details of Virginia's RACT requirements can be found in a Technical
Support Document (TSD) prepared for this rulemaking.
The counties of Fairfax, Loudoun, Prince William, and Arlington, as
well as the cities of Fairfax, Alexandria, Manassas, Manassas Park, and
Falls Church (Northern Virginia Area), along with Stafford County,
Virginia, Washington, D.C., and portions of southern Maryland, are part
of the OTR. Under the 1-hour ozone NAAQS, these jurisdictions,
including Stafford County, Virginia, Washington, D.C., and portions of
southern Maryland were originally classified as part of the
Metropolitan Washington serious 1-hour ozone nonattainment area located
in OTR (56 FR 56694 at 56844, November 6, 1991). As part of the
planning process, section 182(b)(2) of the CAA required the
Commonwealth of Virginia to implement RACT on all sources and source
categories covered by a CTG issued by EPA. Point sources with the
potential to emit 50 tons per year or more of VOCs or 100 tons per year
or more of NOX that were not covered by a CTG were also
required to implement RACT. As a result of failure to meet the
attainment date of November 15, 1999, the Metropolitan Washington area
was reclassified as a severe nonattainment area for the 1-hour standard
(68 FR 3410 at 3425, January 24, 2003). As a result of the
reclassification, the Commonwealth of Virginia was required to perform
RACT evaluations on point sources with the potential to emit 25 tons
per year for either VOC (62 FR 11334, March 12, 1997) or NOX
(69 FR 48150, August 9, 2004).
On July 18, 1997, EPA promulgated the new 8-hour NAAQS for ozone
(62 FR 38856, July 18, 1997). Under the 8-hour ozone NAAQS, the
Metropolitan Washington Area, with the exception of Stafford County,
was designated nonattainment for the 8-hour ozone standard and
classified as a moderate nonattainment area. Stafford County was
included as part of the Fredericksburg area, and was designated as a
moderate nonattainment area for the 8-hour ozone NAAQS (69 FR 23858,
April 30, 2004). On May 2, 2005 and May 4, 2005, the Commonwealth of
Virginia submitted a redesignation request and maintenance plan for the
Fredericksburg area, respectively. EPA issued a final rule approving
Virginia's redesignation request and maintenance plan for the
Fredericksburg area on December 23, 2005 (70 FR 76165).
Although Stafford County is part of the Fredericksburg maintenance
area, the requirements of section 184 of the CAA must still be
satisfied because Stafford County is also part of the OTR. Section
184(b)(1)(B) of the CAA requires the implementation of RACT with
respect to all sources of VOC covered by a CTG. Additionally, section
184(b)(2) of the CAA requires the implementation of major stationary
source requirements as if the area were a moderate nonattainment area
on any stationary source with a potential to emit of at least 50 tons
per year of VOC or 100 tons per year of NOX. Virginia is
therefore required to submit to EPA a SIP revision that demonstrates
how Stafford County meets the RACT requirements under the 8-hour ozone
standard.
EPA requires under the 8-hour ozone NAAQS that states meet the CAA
RACT requirements, either through a certification that previously
adopted RACT controls in their SIP revisions approved by EPA under the
1-hour ozone NAAQS represent adequate RACT control levels for 8-hour
attainment purposes, or through the adoption of new or more stringent
regulations that represent RACT control levels. A certification must be
accompanied by appropriate supporting information such as consideration
of information received during the public comment period and
consideration of new data. This information may supplement existing
RACT guidance documents that were developed for the 1-hour standard,
such that the State's SIP accurately reflects RACTs for the 8-hour
ozone standard based on the current availability of technically and
economically feasible controls. Adoption of new RACT regulations will
occur when states have new stationary sources not covered by existing
RACT regulations, or when new data or technical information indicates
that a previously adopted RACT measure does not represent a newly
available RACT control level. Another 8-hour ozone NAAQS requirement
for RACT is to submit a negative declaration that there are no CTG
major sources of VOC and NOX emissions within Virginia.
II. Summary of SIP Revision
Virginia's SIP revision for Stafford County contains the
requirements of RACT set forth by the CAA under the 8-hour ozone NAAQS.
Virginia's SIP revision satisfies the 8-hour RACT requirements through
(1) certification that previously adopted RACT controls in Virginia's
SIP that were approved by EPA under the 1-hour ozone NAAQS are based on
the currently available technically and economically feasible controls,
and that they continue to represent RACT for the 8-hour implementation
purposes; (2) a negative declaration demonstrating that no facilities
exist in Stafford County for the applicable CTG categories; and (3) new
RACT determinations.
VOC RACT Controls
Virginia's Regulations and Statutes, under 9 VAC 5 Chapter 40,
contain the Commonwealth's VOC RACT controls that were implemented and
approved in the Virginia SIP under the 1-hour ozone NAAQS.
Table 1 lists Virginia's VOC RACT controls.
[[Page 45927]]
Table 1--Virginia's VOC RACT Controls
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Existing stationary sources
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Regulation 9 VAC 5-40- State Federal
Title of regulation effective Register Citation
date date
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460.......................... Emission Standards for 02/01/02 03/03/06 71 FR 10838.
Synthesized
Pharmaceutical Products
Manufacturing
Operations.
610.......................... Emission Standards for 04/17/95 04/21/00 65 FR 21315.
Rubber Tire
Manufacturing
Operations.
1400......................... Emission Standards for 04/17/95 04/21/00 65 FR 21315.
Petroleum Refinery
Operations.
3290......................... Emission Standards for 04/01/97 11/03/99 64 FR 59635.
Solvent Metal Cleaning
Operations Using Non-
Halogenated Solvents.
3590......................... Emission Standards for 04/17/95 04/21/00 65 FR 21315.
Large Appliance Coating
Application Systems.
3740......................... Emission Standards for 04/17/95 04/21/00 65 FR 21315.
Magnet Wire Coating
Application Systems.
3890......................... Emission Standards for 04/17/95 04/21/00 65 FR 21315.
Automobile and Light
Duty Truck Coating
Application Systems.
4040......................... Emission Standards for 04/17/95 04/21/00 65 FR 21315.
Can Coating Application
Systems.
4190......................... Emission Standards for 04/17/95 04/21/00 65 FR 21315.
Metal Coil Coating
Application Systems.
4340......................... Emission Standards for 04/17/95 04/21/00 65 FR 21315.
Paper and Fabric
Coating Application
Systems.
4490......................... Emission Standards for 04/17/95 04/21/00 65 FR 21315.
Vinyl Coating
Application Systems.
4640......................... Emission Standards for 04/17/95 04/21/00 65 FR 21315.
Metal Furniture Coating
Application Systems.
4790......................... Emission Standards for 04/17/95 04/21/00 65 FR 21315.
Miscellaneous Metal
Parts and Products
Coating Application
Systems.
4940......................... Emission Standards for 04/17/95 04/21/00 65 FR 21315.
Flatwood Paneling
Coating Application
Systems.
5080......................... Flexographic, Packaging 04/01/96 03/12/97 62 FR 11334.
Rotogravure, and
Publication Rotogravure
Printing Lines.
5230......................... Emission Standards for 02/01/02 03/03/06 71 FR 10838.
Petroleum Liquid
Storage and Transfer
Operations--Stage I
Vapor Control Systems--
Gasoline Service
Stations.
5230......................... Emission Standards for 02/01/02 03/03/06 71 FR 10838.
Petroleum Liquid
Storage and Transfer
Operations--Tank Truck
Gasoline Loading
Terminals.
5230......................... Emission Standards for 02/01/02 03/03/06 71 FR 10838.
Petroleum Liquid
Storage and Transfer
Operations--Bulk
Gasoline Plants.
5230......................... Emission Standards for 02/01/02 03/03/06 71 FR 10838.
Petroleum Liquid
Storage and Transfer
Operations--Petroleum
Liquids in Fixed Roof
Tanks.
5230......................... Emission Standards for 02/01/02 03/03/06 71 FR 10838.
Petroleum Liquid
Storage and Transfer
Operations--Petroleum
Liquid Storage in
External Floating Roof
Tanks.
5230......................... Emission Standards for 02/01/02 03/03/06 71 FR 10838.
Petroleum Liquid
Storage and Transfer
Operations--Gasoline
Tank Trucks and Vapor
Collection Systems.
5510......................... Emission Standards for 03/24/04 04/27/05 70 FR 21625.
Asphalt Paving
Operations.
6840......................... Emission Standards for 03/24/04 06/09/04 69 FR 32277.
Solvent Metal Cleaning
Operations in the
Northern Virginia
Volatile Organic
Compound Emissions
Control Area.
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Virginia also submitted a negative declaration certifying that the
following VOC CTG or non-CTG major sources do not exist in Stafford
County.
Table 2 lists Virginia's negative declaration for VOC CTG major
sources.
Table 2--Documents for Which No Applicable Facilities Exist in Stafford
County
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Document title
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Control of Volatile Organic Compound Leaks from Petroleum Refinery
Equipment
Control of Volatile Organic Compound Emissions form Large Petroleum Dry
Cleaners
Control of Volatile Organic Compound Emissions from Manufacture of High
Density Polyethylene, Polypropylene, and Polystyrene Resins
Control of Volatile Organic Compound Equipment Leaks form Natural Gas/
Gasoline Processing Plants
Control of Volatile Organic Compound fugitive Emission from Synthetic
Organic Chemical Polymer and Resin Manufacturing Equipment
Control of Volatile Organic Compound Emissions from Air Oxidation
Processes in Synthetic Organic Chemical Manufacturing Industry
SOCMI Distillation and Reactor Processes CTG
Wood Furniture
Shipbuilding/repair
Aerospace
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NOX RACT Controls
The only facility in Stafford County considered to be a major
stationary source for either VOC or NOX is Cellofoam.
Because actual VOC emissions from Cellofoam are significantly below the
facility's federally enforceable limit, the Cellofoam source specific
new RACT determination is appropriate, and therefore, the existing RACT
controls can be recertified. Further details can be found in a TSD
prepared for this rulemaking.
III. Proposed Action
EPA is proposing to approve the Virginia SIP revision for Stafford
County that addresses the requirements of RACT under the 8-hour ozone
NAAQS, which was submitted on April 21, 2008. This SIP revision is
based on a combination of (1) certification that previously adopted
RACT controls in Virginia's SIP that were approved by EPA under the 1-
hour ozone NAAQS are based on the currently available
[[Page 45928]]
technically and economically feasible controls, and that they continue
to represent RACT for the 8-hour implementation purposes; (2) a
negative declaration demonstrating that no facilities exist in Stafford
County for the applicable CTG categories; and (3) new RACT
determinations. EPA is soliciting public comments on the issues
discussed in this document. These comments will be considered before
taking final action.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Clean Air Act. Accordingly,
this action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule, pertaining to the Stafford County,
VA RACT under the 8-hour ozone NAAQS, does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 25, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E8-18191 Filed 8-6-08; 8:45 am]
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