[Federal Register Volume 60, Number 84 (Tuesday, May 2, 1995)]
[Rules and Regulations]
[Pages 21451-21453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10704]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[VA20-1-5996a; FRL-5178-9]
Approval and Promulgation of Air Quality Implementation Plans;
for the Commonwealth of Virginia--Emission Statement Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Virginia. This revision establishes
and requires an emission statement program for stationary sources of
volatile organics compounds (VOCs) and/or nitrogen oxides (NOX).
The intended effect of this action is to approve a regulation for
annual reporting of actual emissions by sources that emit VOC and/or
NOX applicable to all ozone nonattainment areas in accordance with
section 182(a)(3)(B) of the 1990 Clean Air Act Amendments (CAAA). This
action is being taken under section 110 of the CAA.
DATES: This final rule will become effective July 3, 1995 unless notice
is received on or before June 1, 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 must 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 Commonwealth's submittal and other information are
available for public inspection during normal business hours at the
following location: Environmental Protection Agency, Region III, Air,
Radiation, and Toxics Division, 841 Chestnut Building, Philadelphia, PA
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: Enid A. Gerena (3AT14), U.S.
Environmental Protection Agency, Air, Radiation, and Toxics Division,
841 Chestnut Building, Philadelphia, PA 19107, (215) 597-8239.
SUPPLEMENTARY INFORMATION: On November 4, 1992, the Virginia Department
of the Environment Quality (VDEQ) submitted a formal revision to the
Commonwealth of Virginia's SIP which among other things, requires
owners of stationary sources that emit VOCs and NOX, above
specified actual emission applicability thresholds, and within the
ozone nonattainment areas, to submit annual statements certifying
emissions. This notice only addresses those portions of the November 4,
1992 SIP submittal related to the Commonwealth of Virginia's emission
statement program. The other SIP revisions included in the submittal
are the subjects of separate rulemaking notices.
I. Background
The air quality planning and State Implementation Plan (SIP)
requirements for ozone nonattainment and transport areas are set out in
subparts I and II of Part D of Title I of the Clean Air Act, as amended
by the Clean Air Act Amendments of 1990. EPA published a ``General
Preamble'' describing EPA's preliminary views on how the Agency intends
to review SIP's and SIP revisions submitted under Title I of the
[[Page 21452]] CAA, including those State submittals for ozone
transport areas within the States {see 57 FR 13498 (April 16, 1992)
[``SIP: General Preamble for the Implementation of Title I of the Clean
Air Act Amendments of 1990''], 57 FR 18070 (April 28, 1992)
[``Appendices to the General Preamble''], and 57 FR 55620 (November 25,
1992) [``SIP: NOX Supplement to the General Preamble'']}.
EPA also issued a draft guidance document describing the
requirements for the emission statement programs discussed in this
action, entitled ``Guidance on the Implementation of an Emission
Statement Program'' (July, 1992). The Agency is also conducting a
rulemaking process to modify Title 40, Part 51 of the CFR to reflect
the requirements of the emission statement program.
Section 182 of the Act sets out a graduated control program for
ozone nonattainment areas. Section 182(a) sets out requirements
applicable in marginal ozone nonattainment areas, which are also made
applicable by section 182 (b), (c), (d), and (e) to all other ozone
nonattainment areas. Among the requirements in section 182(a) is a
program for stationary sources to prepare and submit to the State each
year emission statements certifying their actual emissions of VOCs and
NOX. This section of the Act provides that the States are to
submit a revision to their SIPs by November 15, 1992 establishing this
emission statement program.
If a source emits either VOC or NOX at or above the designated
minimum reporting level, the other pollutant should be included in the
emission statement, even if it is emitted at levels below the specified
cutoffs.
States may waive, with EPA approval, the requirement for an
emission statement for classes or categories of sources with less than
25 tons per year of actual plant-wide NOX or VOC emissions in
nonattainment areas if the class or category is included in the base
year and periodic inventories and emissions are calculated using
emission factors established by EPA (such as those found in EPA
publication AP-42) or other methods acceptable to EPA. Emissions from
stationary sources that emit less than 25 tons per year of VOC and
NOX are included in Virginia's base year emission inventory and
must be also included in the periodic emission inventories.
At minimum, the emission statement data should include:
--Certification of data accuracy;
--Source identification information;
--Operating schedule;
--Emissions information (to include annual and typical ozone season day
emissions);
--Control equipment information; and
--Process data.
EPA developed emission statements data elements to be consistent
with other source and State reporting requirements. This consistency is
essential to assist States with quality assurance for emission
estimates and to facilitate consolidation of all EPA reporting
requirements.
II. EPA's Evaluation of the Commonwealth's Submittal
A. Procedural Background
The Commonwealth of Virginia held public hearings on July 22, 1992,
for the purpose of soliciting public comment on proposed regulatory
revisions concerning emission statements for stationary sources. The
regulatory revisions were adopted on October 30, 1992, submitted to EPA
on November 4, 1992 as a proposed revision to the SIP, and became
effective in the Commonwealth of Virginia on January 1, 1993.
B. Components of Virginia's Emission Statement Program
There are several key and specific components of an acceptable
emission statement program. Specifically, the State must submit a
revision to its SIP which consists of an emission statement program
which meets the minimum requirements for reporting by the sources and
the State. For the emission statement program to be approvable, the
state's SIP must include, at a minimum, definitions and provisions for
applicability, compliance, and specific source reporting requirements
and reporting forms.
Virginia's revision consists of amendments to Title VR 120-01
Regulations for the Control and Abatement of Air Pollution,
specifically to add paragraph B to section 120-02-31, Registration, and
to add Appendix S, which cross-references document AQP-8, Procedures
for Preparing and Submitting Emission Statements for Stationary
Sources.
Section 120-02-31, requires that owners of stationary sources
report the levels of emissions from the sources emitting VOCs and
NOX, in order to assess compliance with emission and air quality
standards and to track emission reductions necessary to attain the
ozone National Ambient Air Quality Standard (NAAQS). This requirement
applies to existing, modified, or new stationary sources that emit 25
tons per year (TPY) or more of VOCs or NOX, and are located in any
ozone nonattainment area. The upper portion of White Top Mountain is
the only area in Smyth County which is an ozone nonattainment area.
Because there are no emission sources in this nonattainment area, the
Commonwealth has excluded it from emission statement requirements.
Under the Commonwealth's regulation, sources' annual emission
statements are due by April 15 of each year, beginning in 1993, for the
emissions discharged during the previous calendar year. Section 120-02-
31, Appendix S, Air Quality Program Policies and Procedures describes
specifically how emission statements shall be prepared.
C. Enforceability
The Commonwealth of Virginia has a provision in its SIP which
ensures that the emission statement requirements of Section
182(a)(3)(B) and Sections 184(b)(2) and 182(f) of the CAA as required
by VR 120-01, section 120-02-31, are adequately enforced. Once EPA
completes the rulemaking process approving the Virginia's Emission
Statement program as part of the SIP, it will be federally enforceable.
EPA has determined that the submittal made by the Commonwealth of
Virginia satisfies the relevant requirements of the CAA and EPA's
guidance document, ``Guidance on the Implementation of an Emission
Statement Program'' (July 1992). EPA's detailed review of Virginia's
Emission Statement is contained in a Technical Support Document (TSD)
which is available, upon request, from the EPA Regional Office listed
in the ADDRESSES section of this notice.
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 be
effective July 3, 1995 unless, by June 1, 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 notice 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 [[Page 21453]] comments are received, the public
is advised that this action will be effective on July 3, 1995.
III. Final Action
EPA is approving revisions to the Commonwealth of Virginia SIP to
include an Emission Statement Program. These revisions consist of
amendments to Title VR 120-01 Regulations for the Control and Abatement
of Air Pollution, the addition of paragraph B to section 120-02-31,
Registration, and the addition of Appendix S including the document
referenced therein, AQP-8.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP 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 economic 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 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 small entities.
Moreover, due to the nature of the federal-state relationship under the
CAA, preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A. , 427 U.S. 246, 256-66 (S.Ct. 1976);
42 U.S.C. section 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 must be filed in the United States Court
of Appeals for the appropriate circuit by July 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 approving Virginia's Emission Statement SIP submittal
requirements 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, Oxides of
nitrogen, Ozone, Reporting and recordkeeping requirements, and SIP
requirements.
Dated: January 25, 1995.
Peter H. Kostmayer,
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 VV--Virginia
2. Section 52.2420 is amended by adding paragraph (c)(103) to read
as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
(103) Revisions to the Commonwealth of Virginia Regulations State
Implementation Plan submitted on November 4, 1992 by the Virginia
Department of Environmental Quality:
(i) Incorporation by reference.
(A) Letter of November 4, 1992 from the Virginia Department of
Environmental Quality transmitting a revised regulation to require
owners of stationary sources in emissions control areas to submit
emission statements annually.
(B) Amendments to Title VR 120-01, addition of paragraph B to
section 120-02-31 and the addition of Appendix S including referenced
document AQP-8, procedures for Preparing and submitting Emission
Statements for Stationary Sources. Effective on January 1, 1993.
(ii) Additional Material.
(A) Remainder of November 4, 1992 State submittal related emission
statements.
[FR Doc. 95-10704 Filed 5-1-95; 8:45 am]
BILLING CODE 6560-50-P