61204 Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 69

[FRL–5920–8]

United States Virgin Islands Final

Ruling on Petition Pursuant to Section

325(a)(1) of the Clean Air Act

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rulemaking.

SUMMARY: On June 10, 1997, the

Environmental Protection Agency (EPA)

proposed to approve a petition

submitted by the Governor of the U.S.

Virgin Islands which requested a waiver

from certain Clean Air Act (the Act)

restrictions to the Hess Oil Virgin

Islands Corporation (HOVIC) in St.

Croix. This exemption was proposed

pursuant to section 325(a)(1) of the Act.

Specifically, the waiver would allow

HOVIC to implement an Intermittent

Control Strategy (ICS) based on

atmospheric conditions, which is

prohibited by section 123 of the Clean

Air Act. The ICS would alleviate

potential exceedances of the National

Ambient Air Quality Standards for

sulfur dioxide. In this action, EPA is

promulgating this waiver which allows

the HOVIC refinery in St. Croix to

implement an ICS under conditions

which will be specified in a federally

enforceable Prevention of Significant

Deterioration of Air Quality (PSD)

permit.

EFFECTIVE DATE: This rule will be

effective December 15, 1997.

FOR FURTHER INFORMATION CONTACT:

Annamaria Colecchia, Permitting

Section, Air Programs Branch, Division

of Environmental Planning and

Protection, Environmental Protection

Agency, Region 2 Office, 290 Broadway,

25th Floor, New York, New York

10007–1866, Telephone: (212) 637–

4016.

SUPPLEMENTARY INFORMATION:

Background

On May 7, 1996, the Governor of the

United States Virgin Islands submitted a

petition to the Administrator of the EPA

for an exemption from certain

requirements of the Act. The petition,

submitted pursuant to Section 325(a)(1)

of the Act, requests that the HOVIC

refinery, located on the island of St.

Croix, be granted an exemption from

Section 123 of the Act which prohibits

basing emission limitations using an

ICS. HOVIC concurrently submitted a

proposed modification to its existing

Prevention of Significant Deterioration

(PSD) permit to the EPA. Air quality

analyses submitted in support of the

proposed PSD modification indicated

that although emissions of sulfur

dioxide (SO2) will be substantially

reduced below the amount HOVIC is

currently permitted to emit, occasional

exceedances of the 24-hr National

Ambient Air Quality Standard (NAAQS)

for this pollutant could occur, to the

north of the facility, during those days

that the wind blows onshore for a

persistent length of time.

The petition proposed to prevent

these potential exceedances from

occurring by reducing the sulfur content

of the fuel processed during those time

periods. Since this constitutes an ICS

based on atmospheric conditions,

reliance upon which in an

implementation plan is specifically

prohibited by the Act, the petition

requested an exemption from this

requirement through provisions

available under Section 325 of the Act.

Granting HOVIC’s petition will make it

possible for EPA to consider, in a

separate action, HOVIC’s request for a

PSD permit modification. EPA is not

entertaining HOVIC’s PSD permit

modification request in this action.

EPA proposed approval of the petition

on June 10, 1997 (62 FR 31546) and this

proposal contained the description of

the petition, supporting documents and

the minimum federally enforceable

conditions under which the ICS shall be

implemented. These conditions will

also appear in a revised PSD permit. No

comments were received on the

proposed rulemaking. It should be

noted, that for clarity EPA added some

language into the CFR portion of this

rulemaking which had previously been

included in the preamble to this

proposal (i.e., ICS must include a

meteorological tower and ambient

monitors).

Conclusion

Since HOVIC met the requirements in

section 325 of the Act and EPA received

no comments during the public

comment period, EPA is promulgating

this waiver to the HOVIC refinery in St.

Croix under the conditions specified in

the proposed approval.

Administrative Requirements

Executive Order 12866

This action has been classified as a

Table 3 action by the Administrator

under the procedures published in the

Federal Register on January 19, 1989

(54 FR 2214–2215), 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

Executive Order 12866 review.

Regulatory Flexibility

EPA has determined that it is not

necessary to prepare a regulatory

flexibility analysis in connection with

this final rule. EPA has also determined

that this rule will not have a significant

economic impact on a substantial

number of small entities. This is

because the final rule applies only to the

Hess Oil Virgin Islands refinery on St.

Croix, Virgin Islands. This facility is not

a small entity, and the action granting

the petition will relieve the source from

restrictions that would otherwise apply.

Unfunded Mandates Reform Act

Under section 202 of the Unfunded

Mandates Reform Act of 1995, EPA

must prepare a budgetary impact

statement to accompany any 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 in any one year.

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 today’s rule

does not contain a Federal mandate that

may result in expenditures of $100

million or more in any one year. This

is because the rule is mainly

deregulatory, relieving (subject to

conditions) the sole regulated entity of

limitations that would otherwise apply,

and possibly resulting in resource

savings to the Hess Oil Virgin Islands

refinery that would not likely be

obtained in the absence of today’s rule.

EPA has also determined that this rule

contains no regulatory requirements that

might significantly or uniquely affect

small governments, since it imposes no

additional significant or unique burdens

on the Virgin Islands to implement

today’s rule.

List of Subjects in 40 CFR Part 69

Environmental protection, Air

pollution control.

Dated: November 6, 1997.

Carol M. Browner,

Administrator.

For the reasons stated in the

preamble, 40 CFR part 69 is amended as

set forth below:
Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Rules and Regulations 61205

PART 69—[AMENDED]

1. The authority citation for part 69

continues to read as follows

Authority: Sec 325(a), Clean Air Act, as

amended (42 U.S.C. 7625–1).

2. Subpart D is added consisting of

§ 69.41 to read as follows:

Subpart D—The U.S. Virgin Islands

§ 69.41 New exemptions.

(a) Pursuant to section 325(a) of the

Clean Air Act and a petition submitted

by the Governor of the Virgin Islands, an

exemption to section 123 of the Clean

Air Act is granted to the Hess Oil Virgin

Islands Corporation (HOVIC) at the St.

Croix refinery. Specifically, the

exemption waives the prohibition on

the implementation of an Intermittent

Control Strategy (ICS) based upon

atmospheric conditions in order to set

emission limitations. The emission

limitations shall depend upon the sulfur

content in the residual oil burned at the

refinery.

(b) The protocol to be followed for the

ICS shall be set forth in a Prevention of

Significant Deterioration of Air Quality

(PSD) permit issued to HOVIC; and shall

include as a minimum, the conditions

listed in paragraphs (b)(1), (b)(2), (b)(3),

and (b)(4) of this section.

(1) HOVIC shall maintain a

meteorological tower on its property for

the purpose of the ICS which meets the

required EPA QA/QC operating

specifications. At a minimum, the wind

direction data will be monitored,

collected and reported as 1-hour

averages, starting on the hour. If the

average wind direction for a given hour

is from within the designated sector, the

wind will be deemed to have flowed

from within the sector for that hour.

Each ‘‘day’’ or ‘‘block period’’, for these

purposes will start at midnight and end

the following midnight.

(2) HOVIC shall maintain SO2

ambient monitors and collect ambient

SO2 concentration data for the purpose

of implementing the ICS at nearby

locations approved by EPA and

specified in the PSD permit. The

ambient monitors must follow the

required EPA QA/QC operating

specifications. At a minimum, the data

will be collected according to EPA

approved State and Local Ambient

Monitoring Stations procedures found at

40 CFR 58.20, but will, for these

purposes, be averaged by the hour,

starting on the hour.

(3) The switch to a lower sulfur fuel

(0.5%) will take place when paragraphs

(b)(3)(i) or (b)(3)(ii) of this section are

met.

(i) The winds blow from a 45 degree

sector defined as 143 to 187 degrees

inclusive, where zero degrees is due

north, for at least 6 consecutive hours

during a 24-hour block period or any 12

non-consecutive hours during a 24 hour

block period.

(ii) One of HOVIC’s ICS monitors

measures an average ambient SO2

concentration that is 75% of the 24-hour

NAAQS during any rolling 24-hour

average. (75% of the 24-hour NAAQS =

274 ug/m3 or 0.105 ppm).

(4) The switch back to the higher

sulfur fuel (1.0%) may occur if the

conditions in paragraphs (b)(4)(i),

(b)(4)(ii), and (b)(4)(iii) of this section

are met.

(i) If the ICS was triggered by

paragraph (b)(3)(i) of this section, the

switch back may occur when the winds

blow outside the sector listed in

paragraph (b)(3)(i) of this section for at

least 3 consecutive hours following the

period during which the winds were

blowing inside the sector.

(ii) If the ICS was triggered by

paragraph (b)(3)(ii) of this section, the

switch back may occur after all of

HOVIC’s ICS ambient monitors measure

a 24-hour average concentration which

is less than 75% of the NAAQS for at

least one 24-hour block period following

any occurrence when the monitor

measured the concentration which was

75% of the NAAQS.

(iii) If the ICS was triggered by both

paragraphs (b)(3)(i) and (b)(3)(ii) of this

section, the switch back may occur

when both of the conditions in

paragraphs (b)(4)(i) and (b)(4)(ii) of this

section are met.

(c) The protocol may be modified by

EPA to protect against exceedances of

the sulfur dioxide NAAQS.

(d) In the event that there is an

exceedance of the NAAQS, HOVIC will

report the exceedance to EPA and

recommend corrective action as well as

amendments to the protocol to ensure

the protection of the NAAQS.

(e) HOVIC must comply with all fuel

switching requirements, contained in

HOVIC’s PSD permit.

(f) This exemption shall take effect

only in the event that a final PSD permit

modification becomes effective.

(g) The Administrator may terminate

the exemption through rulemaking

procedures upon determining that

HOVIC’s use of the ICS is causing or

contributing to an exceedance of the

NAAQS.

[FR Doc. 97–30021 Filed 11–13–97; 8:45 am]

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