[Federal Register Volume 62, Number 198 (Tuesday, October 14, 1997)]
[Rules and Regulations]
[Pages 53234-53239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27122]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[VA-5026a; FRL-5904-5]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Approval of VOC RACT Determinations for Individual Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving six State Implementation Plan (SIP) revisions
submitted by the Commonwealth of Virginia. These revisions establish
and require volatile organic compound (VOC) reasonably available
control technology (RACT) on six major sources of VOCs located in
Virginia. The intended effect of this action is to approve, as SIP
revisions, source-specific plan approvals and Consent Agreements that
establish RACT in accordance with the Clean Air Act (the Act).
DATES: This action is effective November 28, 1997 unless notice is
received on or before October 29, 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 David L. Arnold, Air, Radiation,
and Toxics Division, Mailcode 3AT21, U.S.
[[Page 53235]]
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; 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: Kristeen Gaffney, (215) 566-2092, at
the EPA Region III office or via e-mail at
Gaffney.K[email protected]. While information may be requested
via e-mail, any comments must be submitted in writing to the above
Region III address.
SUPPLEMENTARY INFORMATION: On August 12, 21, 26, 30, 1996, September 3,
1996, and March 27, 1997, the Commonwealth of Virginia submitted
revisions to its State Implementation Plan (SIP). These revisions
establish source specific VOC RACT requirements on major sources of
VOCs. Today's rulemaking approves those source specific VOC RACT
requirements for six sources because they meet the requirements of
section 182 of the Act. All of the sources are located in the Richmond
moderate ozone nonattainment area. Plan approvals and Consent
Agreements for other sources that were also submitted on the dates
listed above that are not a part of today's action will be addressed by
separate rulemaking.
I. Background
Under the pre-amended Clean Air Act (i.e., the Act prior to the
1990 Amendments), ozone nonattainment areas were required to adopt RACT
rules for VOC sources. EPA issued three sets of control technique
guideline documents (CTGs), establishing a ``presumptive norm'' for
RACT for various categories of VOC sources. The Richmond, Virginia area
was designated nonattainment under the pre-amended Act and was required
to adopt RACT for all CTG categories as well as non-CTG VOC sources
with a potential to emit 100 tons per year (TPY) or more. Under the
1990 amendments to the Act, amended sections 172(c)(1) and 182(a)(2),
required the Richmond, Virginia nonattainment area to correct its RACT
requirements in effect prior to enactment of the 1990 amendments.
Virginia submitted those RACT corrections as SIP revisions on May 10,
1991 and June 20, 1991. Among the regulations in that SIP revision, was
a provision (Rule 120-04-0407) establishing the legal basis for
imposing RACT on all individual major VOC sources subject to RACT in
the Northern Virginia and Richmond nonattainment areas not covered by
an existing state adopted VOC control regulation. Virginia's RACT
correction SIP was approved by EPA on March 31, 1994 (See 59 FR 15117).
To implement Rule 120-04-0407, the Commonwealth must submit to EPA a
RACT determination and enforceable document for all major VOC sources
not otherwise controlled under existing State VOC RACT regulations.
Sections 182(b) (2)(A),(B) and (C) of the Act require moderate and
above areas to adopt standards for all sources covered by any CTG
document issued by the Administrator after 1990 and before the area is
required to attain the standard; all sources covered by any CTG before
the date of enactment of the 1990 CAA amendments; and all major sources
of VOC not subject to a CTG. In addition, areas newly designated under
the 1990 amendments as ozone nonattainment areas are required to adopt
RACT rules consistent with those previously designated nonattainment.
This provision of the Act makes nonattainment areas that were
previously exempt from RACT requirements ``catch up'' to requirements
during the earlier period, and therefore, is known as the RACT catch-up
requirement.
Because Rule 120-04-0407 imposed RACT on all major VOC sources in
the Northern Virginia and Richmond nonattainment areas on an individual
basis, this rule partially satisfied the RACT catch-up requirement. On
November 6, 1992, Virginia submitted a SIP revision expanding the
geographic boundaries of the VOC emission control areas to coincide
with the revised boundaries of the Richmond and Northern Virginia ozone
nonattainment areas resulting from the 1990 amendments. This SIP was
approved by EPA on March 12, 1997 (59 FR 52701). To satisfy the RACT
correction and catch-up requirements under sections 182(a)(2) and
182(b)(2) (A), (B) and (C), and implement Rule 120-04-0407, Virginia
has submitted source-specific VOC RACT determinations for the following
six sources in the Richmond, Virginia ozone nonattainment area:
1. AlliedSignal Inc.--Hopewell Plant
2. AlliedSignal Inc.--Chesterfield Plant
3. Stone Container Corporation
4. E.I. DuPont de Nemours & Company--Spruance Plant
5. ICI Americas, Inc.
6. Bear Island Paper Company
II. Summary of SIP Revisions
Detailed decriptions of the RACT requirements for the source-
specific plan approvals and Consent Agreements can be found in the
docket and accompanying technical support document (TSD). Below is a
summary of the facility type and the applicable RACT requirements for
each company. Each SIP revision consists of a Consent Agreement signed
by the company and the Virginia Department of Environmental Quality.
The Consent Agreements are enforceable documents which include a
description of the RACT technologies, control efficiencies, operating
parameters, monitoring and reporting requirements. For further details
on the sources' processes and how RACT was determined, refer to the TSD
associated with this rulemaking. EPA is approving revisions to the
Virginia SIP pertaining to the determination of RACT for six major
sources of VOCs. This action is being taken under section 110 of the
Act.
1. AlliedSignal Inc., Hopewell: AlliedSignal Inc. is a synthetic
organic chemical manufacturing facility in Hopewell, Virginia that
produces caprolactam. Other chemicals produced at the site include raw
materials for caprolactam production and other co-products with
commercial value that include ammonium sulfate, adipic acid,
cyclohexanol, cyclohexanone and oxime performance chemicals. This
facility includes emission sources subject to EPA's CTG entitled
``Control of Volatile Organic Compound Emissions from Reactor Processes
and Distillation Operations Processes in the Synthetic Organic Chemical
Manufacturing Industry (SOCMI)'' (EPA-450/4-91-031, August 1993), as
well as non-CTG sources. The specific process areas with VOC emissions
are:
Area 6--Phenol Hydrogenation
Area 7--Caprolactam Purification
Area 8/16--Crude Caprolactam Production
Area 9--Hydroxylamine Production
Area 11--Ammonium Sulfate Production
Area 13--Adipic Acid Production
Area 14--Performance Chemicals Plant/Area
Kellogg/Girdler--Ammonia Plant
RACT as prescribed in the Consent Agreement for AlliedSignal--
Hopewell, Registration Number 50232, dated March 26, 1997, is as
follows:
(1) VOC emissions from the Hydrogenation Reaction Catalyst
Centrifuges, designated as CT-48, 53,
[[Page 53236]]
55, all of which are located in the Cyclohexane Production Area (Area
6) shall be controlled by a nonassisted combustion flare at 98 percent
reduction efficiency. Annual emissions will be reduced from 131.1 tons/
year to 2.6 tons/year.
(2) VOC emissions from the overheads product recovery condensers in
Areas 8 and 16, the Toluene/Sulfate Stripping Column (CL-15) and the
Toluene/Caprolatam Stripping Column (CL-62) shall be controlled by a
thermal oxidizer having a VOC reduction efficiency of at least 98
percent by weight or shall reduce the VOC emissions to a concentration
of 20 ppmv, on a dry basis, corrected to 3 percent oxygen, whichever is
less stringent. Annual emissions will be reduced from 134.4 tons/year
to 2.7 tons/year.
(3) VOC emissions from the Methyl Ethyl Ketoxime distillation
column in Area 14 shall be controlled by a scrubber operating with a
Total Resource Effectiveness Value of greater than 1.0, as described in
EPA's SOCMI CTG. Annual emissions will be reduced from 107 tons/year to
25 tons/year.
(4) VOC emissions resulting from desorbtion of the Natural Gas
Desulfurization Carbon Drums in the Girdler Area, shall be reduced by
use of an alternative, non-regenerative adsorbent or an alternative
technology which must first be submitted to EPA for review and
approval. Annual emissions will be reduced from 206 tons/year to 6
tons/year.
(5) The vacuum jet ejectors in Area 6 (CL-26 and CL-65) which
control the pressure on the Cyclohexanone Distillation Columns will be
controlled with product recovery condensers. Combined annual emissions
will be reduced from 81.5 tons/year to 24.4 tons/year.
(6) Fugitive VOC emissions resulting from equipment leaks in Areas
6, 8, 14 and 16 shall be controlled by instituting a Leak Detection and
Repair (LDAR) program which is equivalent to the requirements set forth
in 40 CFR part 60, subpart VV, ``Standards of Performance for Equipment
Leaks of VOC in the Synthetic Organic Chemicals Manufacturing
Industry''. Implementation of this control program will reduce annual
emissions from 665 tons/year to 392 tons/year.
(7) RACT for volatile organic liquid (VOL) storage tanks in Areas 6
and 14 shall be continued use of existing control technologies. VOL
storage tanks are subject to Virginia SIP approved rule 120-04-25,
``Volatile Organic Compound Storage and Transfer Operations'.
2. AlliedSignal--Chesterfield: AlliedSignal, Inc. operates a nylon
fibers and plastics manufacturing facility in Chesterfield County,
Virginia. Total pre-RACT emissions from the facility were calculated to
be 580.23 tons/year from eleven (I-XI) different emission source
processes and including fugitive emissions. After RACT emissions are
estimated to be 295.02 tons/year, or a 49% reduction in VOC emissions.
EPA has not published a CTG document for this source category.
Pursuant to the Consent Agreement for AlliedSignal--Chesterfield,
Registration Number 50233, dated May 20, 1996, RACT is the installation
of absorption (scrubbing) systems for emissions from Groups I and II
(spinning lines 5-12) by November 15, 1996, that have a control
efficiency of 80% on a mass basis. The one-hour pressure losses of the
gas stream through each absorption system may not be less than 6 inches
and the one-hour average liquid flow rates to each absorption system
shall not be less than 40 gallons/minute. Pressure losses and liquid
flow rates must be monitored continuously and recorded.
RACT for the Group IX emissions (distillate systems exhaust) is
installation of a condenser by July 1, 1997, that has a control
efficiency of 99% on a mass basis. The one-hour average temperature of
each condenser exhaust vent is not to exceed 100 deg.F. Exhaust vent
stream temperatures must be continuously measured and recorded.
The facility is required to conduct performance tests within 180
days of installation of control technology to demonstrate compliance
with the control efficiency requirements. Records of all data necessary
to demonstrate compliance and maintain operating parameters must be
kept on site.
RACT was determined to be no control for the following sources that
have exhaust streams with low concentrations of VOCs or negligible VOC
emissions contribution: Group V, Group VIII, Buildings 5 and 25 Vent
Fans, VOL Storage Tanks and the Industrial Wastewater Stream. Analysis
has determined that it is not reasonably cost effective to control VOC
emissions from source processes for Group III, Group IV, Group VI,
Group VII, Group X and Group XI and fugitive emissions from the Process
Operations/Open Buildings.
The Consent Agreement allows the facility to use alternate controls
or control strategies, upon approval by the Commonwealth and EPA, in
place of controlling emissions from Group I, II or IX if the new VOC
control efficiencies exceed those in the Consent Agreement and the
overall VOC emission reductions are equivalent to those resulting from
implementation of RACT as defined in the Consent Agreement.
3. Stone Container Corporation: Stone Container is a kraft pulp and
paper mill located in the city of Hopewell. Process operations include
wood storage and handling, kraft pulp mill, paper mill, chemical
recovery, co-product production and power and steam production. Pre-
RACT emissions based upon the maximum annual throughput of the mill,
after considering existing enforceable controls, were calculated by
Virginia to be 1393 tons/year, including fugitives. Post-RACT maximum
emissions calculate to 1065 tons/year, a 24% additional reduction in
total VOC emissions. EPA has not published a CTG document for this
source category.
Total VOC emission sources in the mill are grouped into process
areas: the Kraft Pulp Mill area, the Paper Mill area, the Co-product
Recovery area, the Chemical Recovery area, the Power Generation Area,
the Non-condensible Gas (NCG) System, and non-quantifiable point and
fugitive emissions of the Wood Handling and Storage area.
Pursuant to the Consent Agreement for Stone Container Corporation,
Registration Number 50370, dated May 30, 1996, RACT is determined as
follows:
1. Wood storage and handling operations, the paper mill and power
and steam generation areas--no additional controls.
2. Chemical recovery area--existing level of control, use of city/
river water as the sole source of make-up water.
3. Pulp mill area--no additional controls with the exception of the
noncondensible gases sent to the NCG collection system and the
requirement to replace the existing weak black liquor filter with a
new, no-emissions filter by December 1997.
4. RACT for VOC sources within the NCG collection system is
existing control technology--thermal oxidation accomplished by venting
the gases to the lime kiln while the kiln is operating.
5. RACT for the co-product recovery area is installation of a
packed tower scrubber for the tall oil batch reactor vent, which must
be installed by August 1996. The VOC removal efficiency of 15 percent
will be verified and related operating parameters will be determined
through performance tests after start-up.
The Consent Agreement also provides that all processes not subject
to additional controls are to be operated in a manner consistent with
minimizing
[[Page 53237]]
VOC emissions and good air pollution control practices.
4. E.I. DuPont de Nemours & Company--Spruance Plant: DuPont
operates a synthetic fiber production and coating facility located in
Chesterfield, Virginia. There are eight air-emission producing units at
the facility: the Kevlar plant, the Nomex plant, the Nylon plant,
Dowtherm operations, the Teflon plant, the Mylar plant, the Tyvek plant
and the wastewater treatment plant. There is no CTG document for this
source category. According to Virginia's RACT submittal, plant-wide
pre-RACT emissions of VOCs, including fugitives, based on 1991
emissions data and including existing enforceable control technologies,
were 846.4 tpy. This source had already installed controls on several
emissions units prior to 1991. Implementation of additional RACT
controls do not result in any emission reductions at the facility.
However, VOC emissions were reduced by 73.3 tpy from 1991 RACT baseline
levels because the Nylon Plant was destroyed by fire in 1992, and its
operations were replaced with the Zylar plant. The Zylar plant was
subject to lowest achievable emission rate (LAER) review under the New
Source Review provisions of the Act. Post-RACT emissions are 773.1 tpy.
VOC emissions from the DuPont facility were previously controlled using
technologies described in the following table. In addition to the
existing controls on the table, RACT requirements for the DuPont
facility pursuant to the Consent Agreement, Registration Number 50397,
dated May 30, 1996, require implementation of a LDAR program:
----------------------------------------------------------------------------------------------------------------
Plant operations Control efficiency RACT technology Emissions (tons/year)
----------------------------------------------------------------------------------------------------------------
Kevlar............................. 98.3% 6 month rolling Existing Control (Solvent Uncontrolled
average. Recovery System and emissions*: 6,627.99.
chloroform quench stack Pre-RACT 33.2.
scrubber) and RACT 33.2.
Implementation of LDAR
program.
Nomex.............................. 98.3% 6 month rolling Existing Control (Solvent Uncontrolled
average. Recovery, ventilation emissions*: 19,410.7.
scrubber, chloroform Pre-RACT 594.7.
scrubber stack and RACT 594.7
scrubber for the wash/draw
lines) and Implementation
of LDAR program.
Dowtherm........................... N/A................... Implementation of LDAR Pre-RACT 10.5.
program.
Nylon.............................. N/A................... Plant shutdown--replaced by Pre-RACT 82.8 RACT 0.
Zytel operations.
Zytel.............................. N/A................... RACT is no control......... Pre-RACT 20 RACT 20.
Teflon............................. N/A................... RACT is no control......... Pre-RACT 6.5 RACT 6.5.
Mylar.............................. 98.3% 6 month rolling Existing control (Carbon Uncontrolled
average. bed adsorbers, solvent emissions*: 7,791.
recovery and LDAR program). Pre-RACT 117.3 RACT
117.3.
Tyvek.............................. N/A................... New plant subject to NSR/ Pre-RACT N/A.
LAER controls; plus RACT 110.
implementation of LDAR
program.
Wastewater Treatment Plant........ N/A................... RACT is no control......... Pre-RACT 1.4.
RACT 1.4.
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*Uncontrolled emissions are the total estimated amount of VOC emissions that would be emitted if the pre-RACT
existing control equipment had not been installed.
Compliance for the fugitive LDAR programs being implemented at the
Kelvar, Zytel, Tyvek and Nomex plants requires procedures to correspond
with the standards set in 40 CFR Part 60, Subpart VV, including record
keeping requirements, except for the reporting requirements of 60.487.
The second exception is that equipment shall be considered to be
leaking when a reading is above 500 ppm using an approved measurement
technique. The amount of emission reductions achieved through
implementation of LDAR has not been determined for any of the plants.
The RACT determination assumes the same amount of VOCs will continue to
be emitted at each plant even though the LDAR program is being
instituted.
The Nylon plant was closed in November 1992 due to a fire and is
not anticipated to reopen. Emissions from the Nylon Plant were part of
the RACT analysis document because the RACT analysis was performed
prior to destruction of the plant. However, since the fire, RACT for
the Nylon plant is permanent shutdown. The Nylon Plant was replaced by
the Zytel Plant, which underwent NSR, including LAER, prior to
construction.
No RACT determination was completed for the Tyvek Plant because
1991 was used as the baseline for determining RACT controls and the
former Tyvek operations at that time did not emit any regulated VOCs.
Freon11, an exempt VOC, but a chlorofluorocarbon (CFC) which
contributes to stratospheric ozone depletion, was used in the plant
operations. To comply with the national phase-out of ozone depleting
CFCs, DuPont replaced Freon11 with a regulated VOC, which required
major plant modifications. The plant was issued a NSR modification
permit in October 9, 1992, which imposed LAER requirements on the
plant. The NSR permit for the new plant imposes LAER controls which are
described in the RACT Determination document and include, catalytic
incineration and condenser absorption. In addition to LAER controls,
Virginia has imposed as RACT the Tyvek Plant a LDAR program to reduce
fugitive emissions.
5. ICI Americas, Inc. Films Divisions--Hopewell Site: ICI films, a
division of ICI Americas, Incorporated, currently operates a polymer
film and manufacturing plant in Hopewell, Virginia. Polyester film is
produced as a final product to be used in a variety of applications
including packaging, window sun screens, and audio/video cassette
tapes. Production operations results in the emissions of volatile
organic compounds (VOCs).
According to the RACT determination, plant-wide pre-RACT maximum
calculated emissions, including fugitives, of VOCs were 290.29 tons/
year. Maximum facility-wide post-RACT emissions are 223.3 tons/year, a
25% reduction.
EPA has not published a CTG document for this source category. RACT
analysis was completed for the following VOC emission source processes:
VOL storage tanks, chip driers, heat setting ovens, methanol loading of
rail cars, batch reactors, process cooling tower, fuel burning
equipment, industrial wastewater
[[Page 53238]]
streams, biotreatment plant, and fugitive emissions.
The Consent Agreement for ICI, Registration Number 50418, dated May
30, 1996, limits the production rate for the ICI films facility as
follows:
Polymer Plant: 13,600 DMT batches of polymer per year; 1,000 TA
batches of polymer per year.
Film Plant: 150,000 tons of polymer chip throughput per year
RACT for the volatile organic liquid storage tanks was determined
to be in compliance with SIP approved Rule 4-25 of the Commonwealth of
Virginia Regulations for the Control and Abatement of Air Pollution for
the VOL storage tanks.
RACT for VOC emissions from the cooling tower is replacement of the
ethylene glycol (EG) Still Vacuum System direct contact spray
condensers with non-contact shell and tube condensers and diverting 100
percent of the condensate to the Biotreatment aeration basin for
remediation instead of sending it to the cooling tower hotwell. A 99
percent reduction of VOCs attributed to the EG stills (50 percent of
total cooling tower emissions) is anticipated through the replacement
of the direct contact condensers serving the EG still vacuum system
with non-contact condensers.
The fugitive emissions from the polymer and film manufacturing
processes leaks and heat transfer fluid systems will follow the
procedures from the LDAR program as specified in 40 CFR Part 60,
Subpart VV, including record-keeping and test procedures. This will
account for an approximately 86 percent overall reduction in fugitive
emissions. The LDAR program will be implemented within 180 days of the
effective date of the Consent Agreement.
6. Bear Island Paper Company, L.P.: Bear Island Paper Company, L.P.
(BIPCO) operates a pulp and paper mill in Ashland, Virginia. The pulp
is used for the manufacture of newsprint. According to the Consent
Agreement, the maximum potential to emit before RACT was 1134.8 tons
per year. With the application of RACT, the maximum annual emissions
are 623.7 tons per year of VOCs, a 45% reduction.
VOC emissions result from the following source processes: Nebraska
Package Boiler, the Babcock & Wilcox (B&W) Boiler, the Sludge Dryer
Burner, Wastewater Treatment Plant (WWTP), and four Thermomechanical
Pulp (TMP) process lines. The bulk of the VOC emissions are terpenes
that are emitted from the TMP process lines. The Nebraska Package
Boiler was closed in May of 1994 and replaced by a new Package Boiler
which began operations in January 1996. The Package Boiler has a
permitted maximum emissions cap of 3.7 tpy of VOCs.
The Consent Agreement for Bear Island, Registration Number 50840,
dated July 12, 1996, determines RACT for VOCs from the B&W and package
fossil fuel boilers and the sludge burner dryer to be good combustion
practices and periodic maintenance. Proper combustion practices include
periodic maintenance of the burner system and maintaining combustion
temperature and air/fuel ratio according to the manufacturer's
specifications.
RACT for the four TMP lines has been determined to be the
installation of 2 heat exchangers/condensers and 1 scrubber/heat
exchanger, with a combined control efficiency of 40.5 percent.
Specifically, emissions from the steam tubes, primary refiners, and
secondary refiners, from all four TMP lines will be controlled by a
double pass, plate and frame water heat exchanger/condenser. The two
stage heat exchanger/condenser will use water as the heat transfer
medium, except for the latency transfer chest and the rejects latency
chest, which will use water as a heat transfer medium for the first
stage of the heat exchanger/condenser and glycol as the heat transfer
medium for the second stage of the condenser. The condensate will be
discharged to the wastewater treatment plant.
For the wastewater treatment plant (WWTP), test results confirm
negligible amounts of EPA Method 624 VOCs in the effluent wastewater
stream, and system modeling showed that wood organic species not
analyzed by Method 624 are emitted at a rate of 5.6 tons/year. Because
the WWTP does not emit a significant quantity of VOCs, the Consent
Agreement establishes RACT for the WWTP as maintaining the standard
operating procedures.
III. Final Action
The provisions in these plan approvals and Consent Agreements,
submitted by the Commonwealth of Virginia as revisions to the SIP, are
being approved by EPA. The Consent Agreements were effective on the
date of signature by both signatory parties. The Consent Agreements do
not contain expiration dates.
EPA is approving these SIP revisions 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 revisions
should adverse or critical comments be filed. This action will be
effective November 28, 1997 unless, by October 29, 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 November 28, 1997. If adverse comments are received that
do not pertain to all documents subject to this rulemaking action,
those documents not affected by the adverse comments will be finalized
in the manner described here. Only those documents that receive adverse
comments will be withdrawn.
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.
IV. Administrative Requirements
A. Executive Order 12866
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 Commonwealth is already imposing. Therefore,
because the federal SIP approval does not impose any new requirements,
the EPA certifies that it does not have a significant impact on any
small entities affected. Moreover,
[[Page 53239]]
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
federal requirements. Accordingly, no additional costs to state, local,
or tribal governments, or to the private sector, result from this
action.
D. 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 December 15, 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 VOC RACT
determinations for a number of individual sources in Virginia as a
revision to the Commonwealth's SIP 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,
Reporting and recordkeeping requirements.
Dated: September 27, 1997.
William T. Wisniewski,
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. 7401-7671q.
Subpart VV--Virginia
2. Section 52.2420 is amended by adding paragraph (c)(121) to read
as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
(121) Revisions to the State Implementation Plan submitted on
August 12, 21, 26, 30, 1996, September 3, 1996 and March 27, 1997 by
the Virginia Department of Environmental Quality regarding non-CTG VOC
RACT requirements for six sources:
(i) Incorporation by reference.
(A) Letters submitted by the Virginia Department of Environmental
Quality transmitting source-specific VOC RACT determinations in the
form of Consent Agreements on the following dates: August 12, 21, 26,
30, 1996, September 3, 1996 and March 27, 1997.
(B) Consent Agreements:
(1) AlliedSignal Inc.--Hopewell Plant, City of Hopewell, VA,
Consent Agreement Registration Number 50232, effective March 26, 1997;
(2) AlliedSignal Inc.--Chesterfield Plant, Chesterfield County, VA,
Consent Agreement Registration Number 50233, effective May 20, 1996;
(3) Bear Island Paper Company, L.P., Hanover County, VA, Consent
Agreement Registration Number 50840, effective July 12, 1996;
(4) Stone Container Corporation Hopewell Mill, City of Hopewell,
Virginia, Consent Agreement Registration Number 50370, effective May
30, 1996;
(5) E.I. DuPont de Nemours and Company, Spruance Plant,
Chesterfield County, Virginia, Consent Agreement Registration Number
50397, effective May 30, 1996;
(6) ICI Americas, Inc. Film Division--Hopewell Site, Chesterfield
County, Virginia, Consent Agreement Registration Number 50418,
effective May 30, 1996.
(ii) Additional material.
(A) Technical Support Documents submitted as part of the RACT
determinations in paragraph (c)(121)(i) of this section by the
Commonwealth of Virginia on August 12, 21, 23, 26, 30, 1996, September
3, 1996 and March 27, 1997.
[FR Doc. 97-27122 Filed 10-10-97; 8:45 am]
BILLING CODE 6560-50-P