[Federal Register Volume 62, Number 68 (Wednesday, April 9, 1997)]
[Rules and Regulations]
[Pages 17084-17087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9014]
[[Page 17084]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[A-1-FRL-5801-9]
Approval and Promulgation of Air Quality Implementation Plans;
Vermont; Reasonably Available Control Technology for Major Stationary
Sources of Nitrogen Oxides and Volatile Organic Compounds not Covered
by Other Category-Specific Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Vermont. This revision establishes and
requires Reasonably Available Control Technology (RACT) at major
stationary sources of nitrogen oxide (NOX) emissions and major
stationary sources of volatile organic compound (VOC) emissions which
are not subject to other category-specific VOC control regulations in
Vermont. The intended effect of this action is to approve a number of
regulatory amendments and source-specific RACT determinations in
accordance with the Clean Air Act.
DATES: This action will become effective June 9, 1997, unless notice is
received by May 9, 1997 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 may be mailed to Susan Studlien, Deputy Director,
Office of Ecosystem Protection (mail code CAA), U.S. Environmental
Protection Agency, Region I, JFK Federal Building, Boston, MA 02203.
Copies of the documents relevant to this action are available for
public inspection during normal business hours, by appointment at the
Office Ecosystem Protection, U.S. Environmental Protection Agency,
Region I, One Congress Street, 11th floor, Boston, MA and the Air
Pollution Control Division, Agency of Natural Resources, Building 3
South, 103 South Main Street, Waterbury, VT 05676.
FOR FURTHER INFORMATION CONTACT: Steven A. Rapp, (617) 565-2773, or
[email protected].
SUPPLEMENTARY INFORMATION: On August 9, 1993, the Vermont Agency of
Natural Resources (``Vermont'' or ``VT ANR'') submitted to EPA a number
of revisions to its State implementation plan (SIP). EPA is acting on
several of those submittals. First, section 5-101 was amended to add a
definition of ``Reasonably Available Control Technology.'' Second,
subsection 5-251(2), ``Reasonably available control technology for
large stationary sources'' was added which requires major stationary
sources of NOX to install, maintain, and use NOX RACT. And
third, Vermont also added subsection 5-253.20, ``Other Sources That
Emit Volatile Organic Compounds,'' which defines RACT requirements for
major stationary sources of VOC which are not subject to any other VOC
regulations under Section 5-253.
Regarding NOx RACT, there are three major stationary sources
of NOX emissions in Vermont. Two of the NOX facilities are
covered by federally enforceable permits which define ``most stringent
emission rate'' (MSER) NOX limitations. MSER limitations are not
always considered equivalent to RACT limits. However, on June 6, 1994,
Vermont submitted to EPA copies of the permits for Ryegate Power
Station and Burlington Electric Department and EPA determined that
these MSER limits were equivalent to, or more stringent than, NOX
RACT limits and technology standards. For the third major stationary
NOX source, on March 20, 1995, Vermont submitted a source-specific
consent order which defined NOX RACT for Simpson Paper Company's
Gilman facility to EPA as a SIP revision.
Regarding VOC RACT, section 5-253 contains a number of VOC control
regulations which were developed in response to EPA's issuance of
control technique guideline (CTG) documents. These regulations define
RACT for various categories of VOC sources. However, subsection 5-
253.20 applies to major stationary sources of VOCs which are not
covered by the CTG-based rules. In other words, subsection 5-253.20 is
a non-CTG VOC RACT regulation. This regulation only applies to U.S.
Samaica Corporation in Rutland, Vermont. On March 20, 1995, Vermont
submitted a source-specific SIP revision defining non-CTG VOC RACT for
U.S. Samaica's Rutland facility.
By this action, EPA is approving section 5-101, subsection 5-
251(2), subsection 5-253.20, the source-specific NOX RACT
determination for Simpson Paper Company, and the source-specific VOC
RACT determination for U.S. Samaica, and incorporating them into the
Vermont SIP. This action will have a beneficial effect on air quality.
It is expected to reduce NOX emissions at Simpson Paper by 30 to
50%, and VOC by at least 81% at U.S. Samaica from an uncontrolled
baseline. This action is being taken under Section 110 of the Clean Air
Act.
I. Summary of SIP Revision
A. Clean Air Act Requirements
Sections 182(b)(2), 182(f), and 184(b) of the Clean Air Act (CAA)
require States to develop Reasonably Available Control Technology
(RACT) regulations for all major stationary sources of NOX and VOC
emissions in areas classified as ``moderate,'' ``serious,'' ``severe,''
and ``extreme'' ozone nonattainment areas, as well as in all areas of
the Ozone Transport Region. These sections of the CAA, taken together,
establish the requirements for Vermont to submit RACT regulations which
cover major sources of VOC and NOX statewide.
Section 182(b)(2) requires States located in areas classified as
moderate ozone nonattainment areas to require implementation of RACT
with respect to all major sources of volatile organic compounds (VOC).
Additionally, section 182(f) states that, ``The plan provisions
required under this subpart for major stationary sources of volatile
organic compounds shall also apply to major stationary sources (as
defined in section 302 and subsections (c), (d), and (e) of the
section) of oxides of nitrogen.'' This RACT requirement also applies to
all major sources in ozone nonattainment areas with higher than
moderate nonattainment classifications.
Unless already classified at a higher nonattainment level, section
184(b)(2) requires major stationary sources in the Ozone Transport
Region to meet the requirements which would be applicable to major
sources if the area were classified as a moderate nonattainment area.
The State of Vermont is currently in attainment of the ozone National
Ambient Air Quality Standard (NAAQS). However, section 184(a) of the
CAA defines an Ozone Transport Region within the northeastern United
States, which includes Vermont.
Section 302 of the CAA generally defines ``major stationary
source'' as a facility or source of air pollution which has the
potential to emit 100 tons per year or more of air pollution. This
definition applies unless another provision of the CAA explicitly
defines major source differently. Therefore, for NOX, a major
source is one with the potential to emit 100 tons per year or more in
marginal and moderate areas, as well as in attainment areas in the OTR.
For VOC emissions, section 184(b)(2) specifies that in the OTR a major
stationary source is one with the potential to emit of 50 tons per year
or more.
The amendments to section 5-101, section 5-251, and section 5-253,
as well as the source-specific RACT
[[Page 17085]]
determinations for Simpson Paper and U.S. Samaica were submitted in
response to the CAA requirements.
B. Regulatory Background
On January 23, 1991, EPA sent a letter notifying Vermont that the
CAA mandated that within 2 years of enactment, States submit SIP
revisions which require the implementation of RACT for all major
stationary sources of VOC and NOX. On January 26, 1993, the VT ANR
submitted proposed amendments to sections 5-101, 5-251 and 5-253 of the
Regulations to EPA for comment. Vermont held a public hearing on these
rules on March 10, 1993. EPA submitted written comments on the proposed
regulations on March 18, 1993. The regulations were adopted on July 9,
1993 and became effective on August 13, 1993.
Vermont submitted the adopted definition, non-CTG VOC RACT, and
NOX RACT regulations as a formal SIP submittal to EPA on August 9,
1993. On October 25, 1993, EPA sent Vermont a letter requesting that
Vermont commit to submitting to EPA for approval source-specific RACT
determinations for the RACT-subject sources as well. The SIP submittals
for the RACT regulations were deemed technically and administratively
complete by operation of law on February 10, 1994. Subsequently, on
March 20, 1995, Vermont submitted 2 case-specific SIP revisions,
defining NOX RACT requirements at Simpson Paper Company's Gilman
facility, and VOC RACT at U.S. Samaica's Rutland facility. On September
15, 1995, EPA sent a letter to Vermont deeming both case-specific
submittals technically and administratively complete.
C. Description of Submittal
In this submittal, Vermont amended section 5-101 to include a
definition for ``Reasonably Available Control Technology.'' Vermont
also added subsection 5-251(2), ``Reasonably available control
technology for large stationary sources,'' which establishes a
requirement that RACT be installed and operated at all major stationary
sources of NOX by May 31, 1995. Additionally, Vermont added
subsection 5-253.20, ``Other Sources That Emit Volatile Organic
Compounds,'' which defines RACT requirements for major stationary
sources of VOCs which are not covered by other VOC regulations in
Vermont.
Regarding NOX RACT, subsection 5-251(2) is completely generic,
meaning that the rule does not set emission limitations or technology
standards for any sources. Instead, the regulation requires sources to
submit compliance plans to the State by November 15, 1993 and to
install and operate RACT by May 31, 1995. Subsection 5-251(2)(d) allows
equipment subject to a federally enforceable ``most stringent emission
rate'' (MSER) NOX limitation, which is similar to EPA's ``Best
Available Control Technology'' (BACT) under 40 CFR 51.166, to be exempt
from the RACT requirements. Since the regulation lacks specific
NOX emission limitations, technology standards, and compliance
assurance requirements, all sources subject to subsection 5-251(2) must
have RACT defined on a case-by-case basis by VT ANR. Such case-specific
RACT determinations must then be approved by EPA as revisions to
Vermont's SIP.
Although generic RACT rules would generally mean many source-
specific SIP revisions, Vermont's NOX RACT rules only apply to two
wood fired boilers and one wood/gas fired boiler. Two of these sources
are currently subject to federally enforceable MSER permit limits.
First, a wood fired boiler using flue gas recirculation (FGR) in
combination with selective non-catalytic reduction (SNCR) is required
to meet an emission limit of 0.13 pound NOX per million Btu
(#NOX/MBtu) heat input on an hourly basis, demonstrated with a
continuous emission monitoring system (CEMS). And second, a wood/gas
fired boiler using FGR and low-NOX burners for gas firing and FGR
and good combustion practices for wood firing is required to meet
emission limitations of 0.25 #NOX/MBtu for wood and 0.12
#NOX/MBtu for gas on an hourly basis, demonstrated by CEMS.
The emission limits to which these sources are subject are
consistent with EPA and the Northeast States for Coordinated Air Use
Management (NESCAUM) recommendations for natural gas firing (i.e., 0.20
#/MBtu) at utility boilers. Although neither EPA or NESCAUM have
developed recommended emission limits for wood firing, the current MSER
limits (0.13 #NOX/MBtu and 0.25 #NOX/MBtu) are reasonable
when compared to the EPA and NESCAUM recommendations for gas and oil
firing, which range from 0.20 #NOX/MBtu to 0.43 #NOX/MBtu.
These MSER limits can be considered to be at least as stringent as RACT
for these sources. Therefore, the exemption under subsection 5-
251(2)(d) is approvable.
The third major stationary source of NOX in Vermont, Simpson
Paper Company's Gilman facility, is subject to the NOX RACT
requirement of subsection 5-251(2). On January 4, 1995, VT ANR issued
an administrative order defining NOX RACT for this facility. This
NOX RACT determination consists of emission limitations and
control technology requirements for the Zurn wood-fired boiler and, no
additional control requirements for the four Babcock and Wilcox
residual oil fired auxiliary boilers.
For the Zurn boiler, RACT was determined to be an emission rate
limitation of 0.30 #NOX/MBtu and a mass discharge rate limitation
of 54 #NOX/hour. These emission limitations must be met on a 24
hour rolling average. Compliance with the limitations is determined by
a NOX CEMS. Records are required to be kept for five years and
quarterly reports to the VT ANR are also required. For Simpson's four
oil-fired boilers, since they have historically operated at less than
1% of their capacity, Vermont has determined that they are auxiliary
boilers and additional NOX controls would not be cost effective.
Although neither EPA or NESCAUM have developed recommended emission
limits for wood firing, limit of 0.30 #NOX/MBtu are reasonable
when compared to the EPA and NESCAUM recommendations for gas and oil
firing, which range from 0.20 #/MBtu to 0.43 #/MBtu. Also, although
0.30 #NOX/MBtu is higher than the two NOX MSER limits
mentioned above, as described earlier in the notice, the lower MSER
limits were determined as part of the construction permit process for
new emission units. The higher NOX limit for the Zurn boiler is
reasonable considering the technical and economic feasibility of
retrofitting an older existing boiler.
Regarding VOC RACT, subsection 5-253.20 of the Vermont Regulations
applies to stationary sources with the potential to emit of at least 50
tons of VOC which are not subject to other VOC regulations in section
5-253, which have been developed subsequent to EPA's development of
Control Technique Guideline (CTG) documents. This non-CTG regulation
defines RACT as either an overall reduction in uncontrolled VOC
emissions of at least 81% by weight, or, for coating units, a daily
weighted average of VOC content in the coatings of 3.5 pounds of VOC
per gallon of coating applied (excluding exempt solvents). The rule
also sets out process by which a facility can apply for an alternative
RACT limit. However, subsection 5-253.20 does not contain specific
compliance assurance requirements, such as emissions testing,
monitoring, recordkeeping, and reporting requirements, which are
required as part of an approvable RACT regulation. Therefore, for all
sources subject to this regulation, Vermont must define these specific
compliance
[[Page 17086]]
assurance requirements as part of case-specific RACT determinations and
submit such determinations to EPA as revisions for approval into the
Vermont SIP.
On November 15, 1993, Vermont sent a letter to EPA committing the
State to submitting a case-specific SIP revision for the one major non-
CTG VOC source subject to subsection 5-253.20. Accordingly, on March
20, 1995, Vermont submitted to EPA an administrative order for U.S.
Samaica Corporation which requires the company to use incineration
control devices, which achieve an 81% overall VOC control, on two of
their process lines and to shut down their third process line by May
31, 1995. The administrative order also contains enforceable emissions
testing, monitoring, recordkeeping, and reporting requirements.
II. Final Action
EPA is approving the following regulatory amendments into the
Vermont SIP at this time. First, EPA is approving the amendment to
section 5-101, which adds a definition for RACT to the Vermont
regulations. Second, EPA is approving the addition of subsection 5-
251(2), as well as the source-specific RACT determination for Simpson
Paper Company, which together define NOx RACT for Vermont. And
finally, EPA is approving the addition of subsection 5-253.20, as well
as the source-specific RACT determination for U.S. Samaica Corporation,
which together define non-CTG VOC RACT for the State.
EPA is publishing this action 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 June 9, 1997 unless adverse or critical comments are received
by May 9, 1997.
If the EPA receives such comments, this action will be withdrawn
before the effective date by simultaneously 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. The 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 June 9, 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.
III. 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, 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 Sections 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
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 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
Federal 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) of the Regulatory Flexibility Act, 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 June 9, 1997. 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 may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).) EPA encourages
interested parties to comment on the proposed rule rather than filing a
petition for judicial review challenging the final rule.
[[Page 17087]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Note: Incorporation by reference of the State Implementation
Plan for the State of Vermont was approved by the Director of the
Federal Register on July 1, 1982.
Dated: March 8, 1997.
John P. DeVillars,
Regional Administrator, Region I.
Part 52 of 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 UU--Vermont
2. Section 52.2370 is amended by adding paragraph (c)(22) to read
as follows:
Sec. 52.2370 Identification of plan.
* * * * *
(c) * * *
(22) Revisions to the State Implementation Plan submitted by the
Vermont Air Pollution Control Division on August 9, 1993 and March 20,
1995.
(i) Incorporation by reference.
(A) Letters from the Vermont Air Pollution Control Division dated
August 9, 1993 and March 20, 1995 submitting revisions to the Vermont
State Implementation Plan.
(B) Regulations, including section 5-101, ``Definitions,''
subsection 5-251(2), ``Reasonably available control technology for
large stationary sources,'' and, subsection 5-253.20, ``Other Sources
That Emit Volatile Organic Compounds,'' adopted on July 9, 1993 and
effective on August 13, 1993.
(C) Administrative orders for Simpson Paper Company, in Gilman,
Vermont, and, U.S. Samaica Corporation, in Rutland, Vermont, both
adopted and effective on January 4, 1995.
3. In Sec. 52.2381, Table 52.2381 is amended by adding a new entry
to the end of existing state citation for section 5-101,
``Definitions,''; adding two new entries to the end of the existing
state citation for section 5-251, ``Control of Nitrogen Oxides
Emissions,'' and by adding new state citation for section 5-253.20,
``Other Sources That Emit Volatile Organic Compounds,'' to read as
follows:
Sec. 52.2381 EPA--approved Vermont State regulations.
* * * * *
Table 52.2381.--EPA-Approved Regulations
[Vermont SIP regulations 1972 to present]
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Date Date Comments and
State citation, title and adopted by approved by Federal Register 52.2370 unapproved
subject State EPA citation sections
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
Section 5-101 Definitions..... 7/9/93 4/9/97 62 FR 17087...... (c)(22).......... Adds definition
of reasonably
available
control
technology
(RACT).
* * * * * *
*
Section 5-251 Control of 7/9/93 4/9/97 62 FR 17087...... (c)(22).......... Requires RACT
nitrogen oxides emissions. for major
stationary
sources of NOX.
1/4/95 4/9/97 62 FR 17087...... (c)(22).......... NOX RACT for
Simpson Paper
Company's
Gilman facility
Section 5-253 control of 7/9/93 4/9/97 62 FR 17087...... (c)(22).......... Requires RACT at
volatile organic compounds. non-CTG VOC
sources.
1/4/95 4/9/97 62 FR 17087...... (c)(22).......... Non-CTG VOC RACT
for U.S.
Samaica
Corporation's
Rutland
facility.
* * * * * *
*
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[FR Doc. 97-9014 Filed 4-8-97; 8:45 am]
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