[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<a href="/cdn-cgi/l/email-protection#c5b7acb6b1a0a0ab85a0b5a4a8a4aca9eba0b5a4eba2aab3"><span class="__cf_email__" data-cfemail="710318020514141f311401101c10181d5f1401105f161e07">[email protected]</span></a>. 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.             
----------------------------------------------------------------------------------------------------------------
*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


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