[Federal Register Volume 60, Number 84 (Tuesday, May 2, 1995)]
[Rules and Regulations]
[Pages 21451-21453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10704]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[VA20-1-5996a; FRL-5178-9]


Approval and Promulgation of Air Quality Implementation Plans; 
for the Commonwealth of Virginia--Emission Statement Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the Commonwealth of Virginia. This revision establishes 
and requires an emission statement program for stationary sources of 
volatile organics compounds (VOCs) and/or nitrogen oxides (NO<INF>X). 
The intended effect of this action is to approve a regulation for 
annual reporting of actual emissions by sources that emit VOC and/or 
NO<INF>X applicable to all ozone nonattainment areas in accordance with 
section 182(a)(3)(B) of the 1990 Clean Air Act Amendments (CAAA). This 
action is being taken under section 110 of the CAA.

DATES: This final rule will become effective July 3, 1995 unless notice 
is received on or before June 1, 1995 that adverse or critical comments 
will be submitted. If the effective date is delayed, timely notice will 
be published in the Federal Register.

ADDRESSES: Comments must be mailed to Thomas J. Maslany, Director, Air, 
Radiation, and Toxics Division, U.S. Environmental Protection Agency, 
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania, 19107. 
Copies of the Commonwealth's submittal and other information are 
available for public inspection during normal business hours at the 
following location: Environmental Protection Agency, Region III, Air, 
Radiation, and Toxics Division, 841 Chestnut Building, Philadelphia, PA 
19107; the Air and Radiation Docket and Information Center, U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460; and the Virginia Department of Environmental Quality, 629 East 
Main Street, Richmond, Virginia, 23219.

FOR FURTHER INFORMATION CONTACT: Enid A. Gerena (3AT14), U.S. 
Environmental Protection Agency, Air, Radiation, and Toxics Division, 
841 Chestnut Building, Philadelphia, PA 19107, (215) 597-8239.

SUPPLEMENTARY INFORMATION: On November 4, 1992, the Virginia Department 
of the Environment Quality (VDEQ) submitted a formal revision to the 
Commonwealth of Virginia's SIP which among other things, requires 
owners of stationary sources that emit VOCs and NO<INF>X, above 
specified actual emission applicability thresholds, and within the 
ozone nonattainment areas, to submit annual statements certifying 
emissions. This notice only addresses those portions of the November 4, 
1992 SIP submittal related to the Commonwealth of Virginia's emission 
statement program. The other SIP revisions included in the submittal 
are the subjects of separate rulemaking notices.

I. Background

    The air quality planning and State Implementation Plan (SIP) 
requirements for ozone nonattainment and transport areas are set out in 
subparts I and II of Part D of Title I of the Clean Air Act, as amended 
by the Clean Air Act Amendments of 1990. EPA published a ``General 
Preamble'' describing EPA's preliminary views on how the Agency intends 
to review SIP's and SIP revisions submitted under Title I of the 
[[Page 21452]] CAA, including those State submittals for ozone 
transport areas within the States {see 57 FR 13498 (April 16, 1992) 
[``SIP: General Preamble for the Implementation of Title I of the Clean 
Air Act Amendments of 1990''], 57 FR 18070 (April 28, 1992) 
[``Appendices to the General Preamble''], and 57 FR 55620 (November 25, 
1992) [``SIP: NO<INF>X Supplement to the General Preamble'']}.
    EPA also issued a draft guidance document describing the 
requirements for the emission statement programs discussed in this 
action, entitled ``Guidance on the Implementation of an Emission 
Statement Program'' (July, 1992). The Agency is also conducting a 
rulemaking process to modify Title 40, Part 51 of the CFR to reflect 
the requirements of the emission statement program.
    Section 182 of the Act sets out a graduated control program for 
ozone nonattainment areas. Section 182(a) sets out requirements 
applicable in marginal ozone nonattainment areas, which are also made 
applicable by section 182 (b), (c), (d), and (e) to all other ozone 
nonattainment areas. Among the requirements in section 182(a) is a 
program for stationary sources to prepare and submit to the State each 
year emission statements certifying their actual emissions of VOCs and 
NO<INF>X. This section of the Act provides that the States are to 
submit a revision to their SIPs by November 15, 1992 establishing this 
emission statement program.
    If a source emits either VOC or NO<INF>X at or above the designated 
minimum reporting level, the other pollutant should be included in the 
emission statement, even if it is emitted at levels below the specified 
cutoffs.
    States may waive, with EPA approval, the requirement for an 
emission statement for classes or categories of sources with less than 
25 tons per year of actual plant-wide NO<INF>X or VOC emissions in 
nonattainment areas if the class or category is included in the base 
year and periodic inventories and emissions are calculated using 
emission factors established by EPA (such as those found in EPA 
publication AP-42) or other methods acceptable to EPA. Emissions from 
stationary sources that emit less than 25 tons per year of VOC and 
NO<INF>X are included in Virginia's base year emission inventory and 
must be also included in the periodic emission inventories.
    At minimum, the emission statement data should include:

--Certification of data accuracy;
--Source identification information;
--Operating schedule;
--Emissions information (to include annual and typical ozone season day 
emissions);
--Control equipment information; and
--Process data.

    EPA developed emission statements data elements to be consistent 
with other source and State reporting requirements. This consistency is 
essential to assist States with quality assurance for emission 
estimates and to facilitate consolidation of all EPA reporting 
requirements.

II. EPA's Evaluation of the Commonwealth's Submittal

A. Procedural Background

    The Commonwealth of Virginia held public hearings on July 22, 1992, 
for the purpose of soliciting public comment on proposed regulatory 
revisions concerning emission statements for stationary sources. The 
regulatory revisions were adopted on October 30, 1992, submitted to EPA 
on November 4, 1992 as a proposed revision to the SIP, and became 
effective in the Commonwealth of Virginia on January 1, 1993.

B. Components of Virginia's Emission Statement Program

    There are several key and specific components of an acceptable 
emission statement program. Specifically, the State must submit a 
revision to its SIP which consists of an emission statement program 
which meets the minimum requirements for reporting by the sources and 
the State. For the emission statement program to be approvable, the 
state's SIP must include, at a minimum, definitions and provisions for 
applicability, compliance, and specific source reporting requirements 
and reporting forms.
    Virginia's revision consists of amendments to Title VR 120-01 
Regulations for the Control and Abatement of Air Pollution, 
specifically to add paragraph B to section 120-02-31, Registration, and 
to add Appendix S, which cross-references document AQP-8, Procedures 
for Preparing and Submitting Emission Statements for Stationary 
Sources.
    Section 120-02-31, requires that owners of stationary sources 
report the levels of emissions from the sources emitting VOCs and 
NO<INF>X, in order to assess compliance with emission and air quality 
standards and to track emission reductions necessary to attain the 
ozone National Ambient Air Quality Standard (NAAQS). This requirement 
applies to existing, modified, or new stationary sources that emit 25 
tons per year (TPY) or more of VOCs or NO<INF>X, and are located in any 
ozone nonattainment area. The upper portion of White Top Mountain is 
the only area in Smyth County which is an ozone nonattainment area. 
Because there are no emission sources in this nonattainment area, the 
Commonwealth has excluded it from emission statement requirements.
    Under the Commonwealth's regulation, sources' annual emission 
statements are due by April 15 of each year, beginning in 1993, for the 
emissions discharged during the previous calendar year. Section 120-02-
31, Appendix S, Air Quality Program Policies and Procedures describes 
specifically how emission statements shall be prepared.

C. Enforceability

    The Commonwealth of Virginia has a provision in its SIP which 
ensures that the emission statement requirements of Section 
182(a)(3)(B) and Sections 184(b)(2) and 182(f) of the CAA as required 
by VR 120-01, section 120-02-31, are adequately enforced. Once EPA 
completes the rulemaking process approving the Virginia's Emission 
Statement program as part of the SIP, it will be federally enforceable.
    EPA has determined that the submittal made by the Commonwealth of 
Virginia satisfies the relevant requirements of the CAA and EPA's 
guidance document, ``Guidance on the Implementation of an Emission 
Statement Program'' (July 1992). EPA's detailed review of Virginia's 
Emission Statement is contained in a Technical Support Document (TSD) 
which is available, upon request, from the EPA Regional Office listed 
in the ADDRESSES section of this notice.
    EPA is approving this SIP revision without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective July 3, 1995 unless, by June 1, 1995, adverse or critical 
comments are received.
    If EPA receives such comments, this action will be withdrawn before 
the effective date by publishing a subsequent notice that will withdraw 
the final action. All public comments received will then be addressed 
in a subsequent final rule based on this action serving as a proposed 
rule. EPA will not institute a second comment period on this action. 
Any parties interested in commenting on this action should do so at 
this time. If no such [[Page 21453]] comments are received, the public 
is advised that this action will be effective on July 3, 1995.

III. Final Action

    EPA is approving revisions to the Commonwealth of Virginia SIP to 
include an Emission Statement Program. These revisions consist of 
amendments to Title VR 120-01 Regulations for the Control and Abatement 
of Air Pollution, the addition of paragraph B to section 120-02-31, 
Registration, and the addition of Appendix S including the document 
referenced therein, AQP-8.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small not-for-profit 
enterprises, and government entities with jurisdiction over populations 
of less than 50,000.
    SIP approvals under section 110 and subchapter I, Part D of the Act 
do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, the Administrator 
certifies that it does not have a significant impact on small entities. 
Moreover, due to the nature of the federal-state relationship under the 
CAA, preparation of a regulatory flexibility analysis would constitute 
federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S. E.P.A. , 427 U.S. 246, 256-66 (S.Ct. 1976); 
42 U.S.C. section 7410 (a)(2).
    This action has been classified as a Table 2 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by 
an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant 
Administrator for Air and Radiation. The OMB has exempted this 
regulatory action from E.O. 12866 review.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 3, 1995. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action.
    This action approving Virginia's Emission Statement SIP submittal 
requirements may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Oxides of 
nitrogen, Ozone, Reporting and recordkeeping requirements, and SIP 
requirements.

    Dated: January 25, 1995.
Peter H. Kostmayer,

Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart VV--Virginia

    2. Section 52.2420 is amended by adding paragraph (c)(103) to read 
as follows:


Sec. 52.2420  Identification of plan.

* * * * *
    (c) * * *
    (103)  Revisions to the Commonwealth of Virginia Regulations State 
Implementation Plan submitted on November 4, 1992 by the Virginia 
Department of Environmental Quality:
    (i) Incorporation by reference.
    (A) Letter of November 4, 1992 from the Virginia Department of 
Environmental Quality transmitting a revised regulation to require 
owners of stationary sources in emissions control areas to submit 
emission statements annually.
    (B) Amendments to Title VR 120-01, addition of paragraph B to 
section 120-02-31 and the addition of Appendix S including referenced 
document AQP-8, procedures for Preparing and submitting Emission 
Statements for Stationary Sources. Effective on January 1, 1993.
    (ii) Additional Material.
    (A) Remainder of November 4, 1992 State submittal related emission 
statements.

[FR Doc. 95-10704 Filed 5-1-95; 8:45 am]
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