Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations 21707

cost associated with installing and

dismantling Stage II equipment before

the remediation is completed and the

low environmental impact occasioned

by temporary noncompliance before

March 31, 1995, the IPCB found that

requiring Sweeney to have installed

Stage II equipment by November 1,

1993, does constitute an unreasonable

hardship. Illinois submitted this

variance as a revision to the Illinois

ozone SIP on September 26, 1994.

Final Rulemaking Action

The USEPA is approving this SIP

revision on the basis that the

uncontrolled emissions generated by

Sweeney as a result of the variance will

not contribute significantly to ozone

formation, given that the variance will

expire on March 31, 1995, before the

onset of the ozone season which is April

1.

The USEPA is publishing this action

without prior proposal because USEPA

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, USEPA is

publishing a separate document in this

Federal Register publication, which

constitutes a ‘‘proposed approval’’ of the

requested SIP revision and clarifies that

the rulemaking will not be deemed final

if timely adverse or critical comments

are filed. The ‘‘direct final’’ approval

shall be effective on July 3, 1995, unless

adverse or critical comments are

received by June 2, 1995.

If USEPA receives comments adverse

to or critical of the approval discussed

above, USEPA will withdraw the

approval before its effective date by

publishing a subsequent rule that

withdraws this final action. All public

comments received will then be

addressed in a subsequent rulemaking

notice. Please be aware that USEPA will

institute another rulemaking notice on

this action only if warranted by

significant revision to the rulemaking

based on any comments receives in

response to today’s action.

Any parties interested in commenting

on this action should do so at this time.

If no such comments are received,

USEPA hereby advises that this action

will be effective July 3, 1995.

This action has been classified as a

Table 3 action 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 Office of

Management and Budget has exempted

this regulatory action from Executive

Order 12866 review.

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 any 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., USEPA 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, USEPA 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.

The 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, I

certify that it does not have a significant

impact on small entities. Moreover, due

to the nature of the Federal-State

relationship under the Act, preparation

of a regulatory flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of State

action. The Act forbids the USEPA to

base its actions concerning SIPs on such

grounds. Union Electric Co. v. U.S.

E.P.A., 427 U.S. 246, 256–66 (1976).

Under section 307(b)(1)of the 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 purpose of

judicial review nor does it extend the

time within which a petition for judicial

review may be filed, and shall not

postpone the effectiveness of such rule

or action. This action may not be

challenged later in proceedings to

enforce its requirements (see section

307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference, Ozone,

Volatile organic compounds.

Dated: March 29, 1995.

Valdas V. Adamkus,

Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart O—Illinois

2. Section 52.720 is amended by

adding paragraph (c)(110) to read as

follows:

§ 52.720 Identification of plan.

(c) * * *

(110) On September 26, 1994, the

State of Illinois submitted a revision to

its ozone State Implementation Plan for

the J. M. Sweeney Company located in

Cicero, Cook County, Illinois. It grants a

compliance date extension from Stage II

vapor control requirements (35 Ill. Adm.

Code 218.586) from November 1, 1993,

to March 31, 1995.

(i) Incorporation by reference.

(A) Illinois Pollution Control Board

Final Opinion and Order, PCB 93–257,

adopted on September 1, 1994, and

effective on September 1, 1994.

Certification dated 9/23/94 of

Acceptance by J. M. Sweeney.

[FR Doc. 95–10819 Filed 5–2–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[DE–16–1–5887a, DE20–1–6548a; FRL–

5180–5]

Approval and Promulgation of Air

Quality Implementation Plans;

Delaware: Regulation 24—Control of

Volatile Organic Compound Emissions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a State

Implementation Plan (SIP) revision

submitted by the State of Delaware on

January 11, 1993 and January 20, 1994.

The revision pertains to Delaware

Regulation 24—‘‘Control of Volatile

Organic Compound Emissions’’,

sections 1 to 9, 13 to 35, 37 to 43, and

Appendices A to H. These sections of

Regulation 24 establish emission

standards that represent the application

of reasonably available control

technology (RACT) to categories of

stationary sources of volatile organic

compounds (VOCs), and establish

associated testing, monitoring,

recordkeeping, compliance certification,

and permit requirements. This revision

was submitted to comply with the

RACT ‘‘Catch-up’’ provisions of the

Clean Air Act Amendments of 1990

(CAAA). This action is being taken
21708 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations

under section 110 of the Clean Air Act

(CAA).

DATES: This final rule is effective July 3,

1995 unless notice is received on or

before June 2, 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 may be mailed to

Marcia L. Spink, Associate Director, Air

Programs, Mailcode 3AT00, U.S.

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 Delaware Department of Natural

Resources & Environmental Control, 89

Kings Highway, P.O. Box 1401, Dover,

Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Rose

Quinto, (215) 597–3164, at the EPA

Region III address.

SUPPLEMENTARY INFORMATION: On

January 11, 1993, the Delaware

Department of Natural Resources &

Environmental Control (DNREC)

submitted several revisions to its SIP.

One of those revisions to the SIP is to

establish statewide applicability for

Delaware’s VOC RACT regulations. The

VOC RACT-related revisions were

submitted to comply with the RACT

‘‘Catch-up’’ provisions of the CAA. This

revision consists of amendments to

Delaware’s Regulation 24, ‘‘Control of

Volatile Organic Compound Emissions’’,

adopted in accordance with the

recommendations made by EPA VOC

RACT Model Rules, June 1992. This

revision requires and establishes RACT

to control VOC emissions from twentynine (29) control technique guideline

(CTG) source categories (sections 13 to

42 of Regulation 24) and a section

which applies to all major VOC sources

not covered by a CTG (section 43 of

Regulation 24 which applies to nonCTG sources). This regulation replaces

and supersedes in its entirety

Regulation 24, ‘‘Control of VOC

Emissions’’, dated July 3, 1990. The

other SIP revisions submitted on

January 11, 1993 are the subject of

separate rulemaking notices.

On January 20, 1994, Delaware

DNREC submitted an amended VOC

RACT regulation: Regulation 24, Section

43, entitled, ‘‘Other Facilities that Emit

VOCs’’. This submittal replaces and

supersedes Regulation 24, Section 43

submitted on January 11, 1993.

This action concerns only sections 1

to 9, 13 to 35, 37 to 42, parts of section

43, and Appendices A to H of

Regulation 24. Sections 43(a)(5) and

43(b)(3) of the January 20, 1994

submittal are the subject of separate

rulemaking.

I. Background

Section 182(b)(2) of the CAA requires

States to adopt RACT rules for all areas

designated nonattainment for ozone and

classified as moderate or above. Section

182(b)(2) requires the state to submit a

RACT SIP revision for each of the

following categories of sources: (1)

Sources covered by an existing CTG

(i.e., a CTG issued prior to the

enactment of the Amendments), (2)

sources covered by a post-enactment

CTG, and (3) all major sources not

covered by a CTG. This RACT

requirement makes nonattainment areas

that previously were exempt from RACT

requirements ‘‘catch-up’’ to those

nonattainment areas that became subject

to those requirements during an earlier

period, and therefore is known as the

RACT Catch-up requirement. In

addition, it requires newly designated

ozone nonattainment areas to adopt

RACT rules consistent with those

previously designated nonattainment

areas.

The entire State of Delaware (Kent,

New Castle, and Sussex Counties), is

located in the ozone transport region

(OTR) that was statutorily created by

section 184 of the CAA. As such,

Delaware was required to adopt RACT

rules for all CTG and non-CTG sources

throughout the State by November 15,

1992. Therefore, under the RACT Catchup provision of section 182(b)(2),

Delaware was required to submit RACT

rules for Kent, New Castle, and Sussex

Counties for sources covered by preenactment CTGs; to adopt RACT for all

sources covered by a post-enactment

CTG; and to submit non-CTG rules for

all remaining major stationary sources

having the potential to emit 25 TPY in

Kent and New Castle Counties and 50

TPY of VOC in Sussex County.

In summary, to fully comply with the

RACT Catch-up provisions of the CAA,

Delaware is required to expand its

RACT regulations to statewide. It must

adopt all RACT regulations for all CTG

sources and all major non-CTG VOC

sources (VOC sources with the potential

to emit 25 TPY in Kent and New Castle

Counties nonattainment area and 50

TPY in Sussex County) throughout the

State. Delaware must require sources to

comply with these provisions as

expeditiously as possible, but no later

than May 31, 1995. In the case of RACT

rules adopted pursuant to a postenactment CTG, Delaware would need

to establish a compliance date

consistent with that set forth in the CTG

or a related document.

II. EPA Evaluation and Action

VOCs contribute to the production of

ground level ozone and smog. These

rules were adopted as part of an effort

to achieve the National Ambient Air

Quality Standard (NAAQS) for ozone.

The following is EPA’s evaluation of

and action on sections 1 to 9, 13 to 35,

37 to 42, parts of 43, and appendices A

to H of Regulation 24, for the State of

Delaware. Detailed descriptions of the

amendments addressed in this

document, and EPA’s evaluation of the

amendments, are contained in the

technical support document (TSD)

prepared for these rulemaking actions

by EPA. Copies of the TSD are available

from the EPA Regional office listed in

the ADDRESSES section of this

document.

In determining the approvability of a

VOC rule, EPA must evaluate the rule

for consistency with the requirements of

the CAAA and EPA regulations, as

found in section 110 and Part D of the

CAAA and 40 CFR part 51

(Requirements for Preparation,

Adoption, and Submittal of

Implementation Plans). The EPA

interpretation of these requirements,

which forms the basis for this action,

appears in various EPA policy guidance

documents. For the purpose of assisting

State and local agencies in developing

RACT rules, EPA prepared a series of

CTG documents. The CTGs are based on

the underlying requirements of the Act

and specify the presumptive norms for

RACT for specific source categories. The

CTGs applicable to sections 13 to 35, 37

to 42, of Regulation 24 are entitled,

Surface Coating of Cans, Coils, Paper,

Fabrics, Automobiles and Light Duty

Trucks, EPA–450/2–77–008, May 1977;

Surface Coating of Metal Furniture,

EPA–450/2–77–032, December 1977;

Surface Coating of Large Appliances,

EPA–450/2–77–034, December 1977;

Surface Coating for Insulation of Magnet

Wire, EPA–450/2–77–033, December

1977; Surface Coating of Miscellaneous

Parts and Products, EPA–450/2–78–015,

June 1978; Bulk Gasoline Plants, EPA–

450/2–77–035, December 1977; Tank

Truck Loading Terminals, EPA–450/2–

77–026, December 1977; Design Criteria

Document—Gasoline Dispensing

Facilities—Stage I, November 1975;

Leaks from Gasoline Tank Trucks and

Vapor Collection Systems, EPA–450/2–

78–051, December 1978; Refinery
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations 21709

Vacuum Producing Systems,

Wastewater Separators and Process

Turnarounds, EPA–450/2–77–025,

October 1977; Petroleum Refinery

Equipment, EPA–450/2–78–036, June

1978; Petroleum Liquid Storage in

External Floating Roof Tanks, EPA–450/

2–78–047, December 1978; Storage of

Petroleum Liquids in Fixed Roof Tanks,

EPA–450/2–77–036, December 1977;

Leaks from Natural Gas/Gasoline

Processing Plants, EPA–450/3–83–007,

December 1983; Cutback Asphalt, EPA–

450/2–77–037, December 1977;

Perchloroethylene Dry Cleaning

Systems, EPA–450/2–78–050, December

1978; Air Oxidation Processes in the

Synthetic Organic Chemical

Manufacturing Industry, EPA–450/2–

83–006, March 1984. EPA has not yet

developed CTGs to cover all sources of

VOC emissions. Further interpretations

of EPA policy are found in those

portions of the proposed Post-1987

ozone and carbon monoxide policy that

concern RACT, 52 FR 45044 (November

24, 1987) and ‘‘Issues Relating to VOC

Regulation Cutpoints, Deficiencies, and

Deviations, Clarification to Appendix D

of November 24, 1987 Federal Register

Notice’’ (Blue Book) (notice of

availability was published in the

Federal Register on May 25, 1988). In

general, these guidance documents are

designed to ensure that VOC rules are

fully enforceable and to strengthen the

SIP.

State Submittal: Sections 1 through 9

of Regulation 24 include general

applicability, monitoring,

recordkeeping, compliance certification,

and permit requirements and include

definitions and other provisions

common to more than one section.

Regulation 24 applies to sources located

in the entire state of Delaware. Sources

that exceed any applicability threshold

of Regulation 24 remain subject to the

provisions even if the source’s

throughput or emissions later fall below

the applicability threshold. Alternative

control plans must be approved by the

Department and the U.S. EPA. By

November 15, 1993, owners or operators

of sources claiming exemption from the

surface coating provisions of sections 13

to 22 must certify to the Department that

they are exempt and after November 15,

1993 are required to keep daily records

documenting the daily VOC emissions

and are required to report to the

Department if any combined daily VOC

emissions exceed 6.8 kg (15 lb). By

November 15, 1993 owners or operators

of sources subject to the surface coating

provisions of sections 13 to 22 must

certify to the Department the method of

compliance—complying coatings, daily

weighted averaging, or control devices—

to be used for each affected coating line

or operation and are required to keep

daily records demonstrating compliance

and to report any excess emissions. By

November 15, 1993 owners and

operators of sources subject to the

provisions of sections 23 to 43 must

certify to the Department the method of

compliance—control system equipment

specification, leak detection and repair,

coating formulation, work practice,

etc.—to be used and are required to

keep records for control devices and

report excess emissions. Owners and

operators of any coating line complying

by the use of a control device are

required to operate the capture and

control device whenever the coating

line is in use and are required to ensure

the required monitoring system is

installed, maintained and calibrated and

in use whenever the control device is in

operation. Owners or operators of

facilities subject to sections 13 to 23 and

section 37 are prohibited from using

open containers to store or dispose cloth

or paper impregnated with VOC or to

store spent or fresh VOC used for

surface preparation, cleanup or removal

of coatings and are prohibited from

using VOC to clean spray equipment

unless equipment is used to collect the

cleaning compounds. Owners and

operators of sources subject to

Regulation 24 that must make major

process changes or major capital

expenditures to comply must submit to

the Department a compliance schedule

within 180 days of the effective date of

this regulation. Compliance must be as

expeditious as practicable but not later

than May 31, 1995.

EPA’s Evaluation: The regulations

listed above are approvable as SIP

revisions because they conform to EPA

guidance and comply with the

requirements of the CAA.

State Submittal: Sections 13, 14, 15,

16, 17, 18, 19, 20, 21, 22, and 23 of

Regulation 24 cover coating operations

or lines in the following source

categories, respectively: automobile and

light-duty truck, can, coil, paper, fabric,

vinyl, metal furniture, large appliances,

magnetic wire, miscellaneous metal

parts and products, and flat wood

paneling.

A. Common Provisions

A coating line or operation is subject

to the emission limits of a section if the

daily facility-wide VOC emissions from

coating lines in that source category

exceeds 6.8 kg (15 lb) without control

devices. Each section requires that

compliance be demonstrated in one of

three ways: use of coatings that comply

with the VOC content limits of each

section; use of coatings on a coating line

whose daily weighted average comply

with the VOC content for that coating

line; or use of a capture and control

system that provides an overall

emission reduction that is the lesser of

the reduction needed to be equivalent to

the VOC content of complying coatings

on a ‘‘solids basis’’ (mass VOC per

volume of solids) or 95 percent. The

VOC content limits in mass per volume

of coating, minus water and exempt

compounds, as applied, are the same as

those contained in the applicable CTG.

Section 20 exempts from the VOC

content limits the use of up to 0.95 liters

(0.25 gallons), in any 8-hour period, of

quick drying lacquers used for repair of

scratches and nicks on large appliances.

Section 22 sets a standard of 0.52

kilograms per liter (4.3 lb/gal) of coating

less water and exempt compounds for

drum and pail interior coatings. The

calculation procedures for daily

weighted averaging and for required

control device efficiency are provided in

Appendix C. Calculations are required

daily to demonstrate daily compliance.

B. Coverage of Section 22,

Miscellaneous Metal Parts and Products

Section 22 applies to coating of

miscellaneous metal parts and products,

which include (but are not limited to)

small and large farm machinery, small

appliances, commercial machinery,

industrial machinery, fabricated metal

products, coating applications at

automobile and light duty truck

assembly plants other than prime,

primer surfacer, topcoat and final repair,

and to any other industrial category that

coats metal parts or products under

Standard Industrial Classification (SIC)

Codes of Major Groups 33 to 39. Section

22 does not apply to the application of

coatings regulated under sections 13, 14,

15, 19, 20, and 21, exteriors of

completely assembled aircraft,

automobile or truck refinishing, and

customized topcoating of automobiles

and trucks where the daily production

is less than 35 vehicles per day. Section

22 does not apply to primer, primer

surfacer, topcoat and final repair

operations at automobile and light duty

truck assembly plants covered under

section 13.

EPA’s Evaluation: The regulations

listed above are approvable as SIP

revisions because they conform to EPA

guidance and comply with the

requirements of the CAA. EPA has

determined that the RACT standards are

no less stringent than the applicable

CTG.

State Submittal: Sections 24, 25, 26

and 27 cover bulk gasoline plants, bulk
21710 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations

gasoline terminals, gasoline dispensing

facilities, and gasoline tank trucks.

A. Section 24 requires bulk gasoline

plants of between 4,000 and 20,000

gallons per day throughput to install a

vapor balance system between

incoming/outgoing tank trucks and

stationary storage tanks, to fill storage

vessels by submerged filling, and to

incorporate design and operational

practices to minimize leaks from storage

tanks, loading racks, tank trucks and

loading operations.

B. Section 25 requires bulk gasoline

terminals of greater than 20,000 gallons

per day throughput to equip each

loading rack with a vapor collection

system to control VOC vapors displaced

from gasoline tank trucks during

product loading. The vapor control

system is limited to emissions of 80

milligrams or less of VOC per liter of

gasoline loaded.

C. Both bulk plants and terminals are

required to inspect vapor balance or

loading racks and VOC collection

systems monthly for leaks and to repair

leaks within 15 days of discovery. Both

bulk plants and terminals are restricted

to loading only vapor-tight gasoline tank

trucks and to loading tank trucks by

submerged filling.

D. Section 26 requires gasoline

dispensing facilities to install a vapor

balance system, submerged drop tubes

for gauge well, vapor tight caps and

submerged fill loading on all storage

vessels. Both sections 24 and 26

prohibit the transfer of gasoline into a

storage tank or into a tank truck unless

vapor balance systems are properly

used.

E. Section 27 requires gasoline tank

trucks equipped for vapor collection be

tested at least annually for vaportightness and display a sticker near the

DOT certification plate that shows the

date the truck passed the vaportightness test, that shows the truck

identification number and that expires

not more than 1 year after the date of the

test.

F. Sections 24, 25 and 26 also set

standards for smaller facilities and

tanks: Bulk plants of less than 4,000

gallons per month are only required to

fill storage tanks or tank trucks by

submerged filling and to discontinue

transfer operations if any leaks are

observed. A vapor balance system is not

required on any tank with a capacity of

550 gallons or less at a bulk plant.

However, such tanks are still subject to

the requirement that these tanks be

filled by submerged filling. Under

section 26, dispensing facilities of less

than 10,000 gallons per month

throughput and certain small storage

tanks are required to be loaded by

submerged fill. These smaller storage

tanks are those of less than 2,000 gallon

capacity constructed prior to January 1,

1979, of less than 250 gallons capacity

constructed after December 31, 1978,

and of less than 550 gallons capacity if

used solely for fueling implements of

agriculture.

EPA’s Evaluation: The regulations

listed above are approvable as SIP

revisions because they conform to EPA

guidance and comply with the

requirements of the CAA. EPA has

determined that the RACT standards are

no less stringent than the applicable

CTG and other EPA guidance.

State Submittal: Section 28 applies to

any vacuum-producing system,

wastewater separator and process unit

turnaround at petroleum refineries.

Uncondensed vapors from vacuumproducing systems must be piped to a

firebox or incinerator or compressed

and added to the refinery fuel gas.

Wastewater separators must be

equipped with covers and seals on all

separator and forebays. Lids and seals

are required on all openings in

separators, forebays and their covers

and must be kept closed except when in

use. During a process unit turnaround

the process unit must be vented to a

vapor recovery system, flare or firebox.

No emissions are allowed from a

process unit until the internal pressure

reaches 19.7 psia.

EPA’s Evaluation: The regulation

listed above is approvable as a SIP

revision because it conforms to EPA

guidance and complies with the

requirements of the CAA. EPA has

determined that the RACT standards are

no less stringent than the applicable

CTG.

State Submittal: Sections 29 and 32

regulate leaks from equipment in VOC

service at any process unit at a

petroleum refinery or at any natural gas/

gasoline processing facility,

respectively. Both require open ended

lines and valves to be sealed with a

second valve, blind flange, cap or plug

except during operations requiring

process fluid flow. Both require

quarterly leak monitoring of pumps in

light liquid service, valves, and

compressors and require first attempt to

repair the leak within five calendar days

of discovery and with final repair

within 15 calendar days. Both sections

reference the leak detection method

found in appendix F. Both allow less

frequent monitoring of unsafe-tomonitor and difficult-to-monitor valves

if a written plan that requires,

respectively, monitoring of unsafe-tomonitor as frequently as practicable

during safe-to-monitor periods and at

least annual leak monitoring of difficultto-monitor valves. Under both sections,

valves in gas/vapor service and in light

liquid service may be monitored less

frequently if the criteria of the skip

period leak detection and repair

provisions are met and maintained.

Both sections allow certain equipment

be exempt from the leak monitoring

program. These exemptions are: any

pressure relief valve connected to a flare

header or operating vapor recovery

device, any equipment in vacuum

service, any compressor with a

degassing vent connected to an

operating VOC control device. Also

exempted from a leak detection and

repair is any pump with dual seals at a

natural gas/gasoline processing facility

and any pump with dual mechanical

seals with a barrier fluid system at

refineries. Under section 29, pumps in

heavy liquid service at refineries must

be leak checked using the method of

appendix F only if evidence of a leak is

found by sight, sound or smell. Under

section 32, pumps in heavy liquid

service are exempted from the leak

detection and repair provisions. Under

section 29, pressure relief valves at

refineries must be leak checked after

each overpressure relief. Under section

32, pressure relief valves must be leak

checked within 5 days unless monitored

by non-plant personnel. In the latter

case, monitoring must be done the next

time monitoring personnel are on site or

within 30 days, whichever is the shorter

period.

EPA’s Evaluation: The regulations

listed above are approvable as SIP

revisions because they conform to EPA

guidance and comply with the

requirements of the CAA. EPA has

determined that the RACT standards are

no less stringent than the applicable

CTG.

State Submittal: Sections 30 and 31

regulate storage of petroleum liquids

that apply to any petroleum liquid

storage tank over 40,000 gallons

capacity. Section 30 applies to tanks

that are equipped with an external

floating roof. Section 31 applies to tanks

that are of fixed roof construction.

Section 30 prohibits storage of

petroleum liquid in an external floating

roof tank unless the tank is equipped

with a continuous secondary seal from

the floating roof to the tank wall, the

seals are maintained so that there are no

visible holes or tears and the seals are

intact and uniformly in place. Section

30 also sets design and operation and

maintenance criteria for openings in the

external floating roof and for gaps in

vapor-mounted primary seals. Section

30 requires routine, semi-annual

inspections of the roof and seal and

requires annual measurement of the seal
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations 21711

gap in vapor-mounted primary seals.

Section 31 prohibits storage of

petroleum liquid in a fixed roof tank

unless the tank is equipped with an

internal floating roof equipped with

closure seal(s) between the roof edge

and tank wall, and the seals are

maintained so that there are no visible

holes or tears. Section 31 also sets

design, operational and maintenance

criteria for openings, drains and vents.

EPA’s Evaluation: The regulations

listed above are approvable as SIP

revisions because they conform to EPA

guidance and comply with the

requirements of the CAA. EPA has

determined that the RACT standards are

no less stringent than the applicable

CTG and other EPA guidance.

State Submittal: Section 33 applies to

all solvent metal cleaning sources (cold

cleaning facilities, open top vapor

degreasers, and conveyorized

degreasers) with the following

exemptions: (1) any open top vapor

degreasing operation with an open area

smaller than one square meter is exempt

from the requirement to install a

refrigerated chiller, or a carbon

adsorption system; and (2) any

conveyorized degreaser with an air/

solvent interface smaller than 2.0 square

meters is exempt from the requirement

for a refrigerated chiller, carbon

adsorption system or equivalent control

system.

EPA’s Evaluation: The regulation

listed above is approvable as a SIP

revision because it conforms to EPA

guidance and complies with the

requirements of the CAA. EPA has

determined that the RACT standards are

no less stringent than the applicable

CTG.

State Submittal: Section 34 prohibits

the manufacturing, mixing, storage, use

and application of cutback asphalt

during the ozone season. Exemptions for

long-life stockpiling or use solely as a

penetrating prime coat may be granted

by the Department. Section 34 also

prohibits the manufacturing, mixing,

storage, use and application of

emulsified asphalt containing VOC

during the ozone season.

EPA’s Evaluation: The regulation

listed above is approvable as a SIP

revision because it conforms to EPA

guidance and complies with the

requirements of the CAA. EPA has

determined that the RACT standards are

no less stringent than the applicable

CTG.

State Submittal: Section 35 applies to

the following sources of VOCs at all

synthesized pharmaceutical

manufacturing facilities: each vent from

reactors, distillation operations,

crystallizers, centrifuges and vacuum

dryers, air dryers and production

equipment exhaust systems, storage

tanks, transfer operations from truck/rail

car deliveries to storage tanks,

centrifuges, rotary vacuum and other

filters, in-process tanks, and leaks from

equipment and vessels.

EPA’s Evaluation: The regulation

listed above is approvable as a SIP

revision because it conforms to EPA

guidance and complies with the

requirements of the CAA. EPA has

determined that the RACT standards are

no less stringent than the applicable

CTG.

State Submittal: Section 37 applies to

any packaging rotogravure, publication

rotogravure, or flexographic printing

press at any graphic art systems facility

whose maximum theoretical emissions

of VOCs—including solvents used to

clean each of these printing presses—

without control devices from all

printing presses are greater or equal to

7.7 tons per year of press-ready ink.

EPA’s Evaluation: The regulation

listed above is approvable as a SIP

revision because it conforms to EPA

guidance and complies with the

requirements of the CAA. EPA has

determined that the RACT standards are

no less stringent than the applicable

CTG.

State Submittal: Section 38 applies to

any petroleum solvent dry cleaning

facility that consumes more than

123,000 liters of petroleum solvent per

year. There should be no perceptible

leaks from any portion of the equipment

and all traps and doors closed. Any

perceptible leaks shall be repaired

within 3 days after the leak is detected.

EPA’s Evaluation: The regulation

listed above is approvable as a SIP

revision because it conforms to EPA

guidance and complies with the

requirements of the CAA. EPA has

determined that the RACT standards are

no less stringent than the applicable

CTG.

State Submittal: Section 39 covers

drycleaning facilities using

perchloroethylene. Section 39 requires a

carbon adsorption system for the dryer

exhaust. An emission limit of 100 parts

per million (volumetric) of VOC is

established for the exhaust of this

control device. Coin operated facilities

are exempt from the requirement for a

carbon adsorption system. Section 39

sets the standards recommended in the

CTG to minimize VOC emissions from

leaks, from treatment, handling and

disposal of filters, and from wet wastes

from solvent stills.

EPA’s Evaluation: The regulation

listed above is approvable as a SIP

revision because it conforms to EPA

guidance and complies with the

requirements of the CAA. EPA has

determined that the RACT standards are

no less stringent than the applicable

CTG.

State Submittal: Section 40 applies to

all equipment in VOC service in any

process unit at a synthetic organic

chemical, polymer, and resin

production facility which manufactures,

as an immediate or end product, Methyl

Tert-Butyl Ether, Polyethylene,

Polypropylene, Polystyrene, and those

organic chemicals given in § 60.489 of

40 CFR part 60. A piece of equipment

is not in VOC service if the VOC content

of the process fluid exceeds 10% by

weight. This section does not apply to

any synthetic organic chemical,

polymer, or resin manufacturing facility

whose annual design production

capacity is less than 1,000 megagrams

(Mg) (1,100 tons) of product. Any liquid

pump that has a dual mechanical pump

seal with a barrier fluid system, and any

compressor with a degassing vent that is

routed to an operating VOC control

device are exempt from the inspection

and repair standard. Equipment

operated entirely under a vacuum and

pressure relief valve that is connected to

an operating flare header or vapor

recovery device are exempt from the

inspection and repair standard.

EPA’s Evaluation: The regulation

listed above is approvable as a SIP

revision because it conforms to EPA

guidance and complies with the

requirements of the CAA. EPA has

determined that the RACT standards are

no less stringent than the applicable

CTG.

State Submittal: Section 41 applies to

the manufacture of polymer resins: (1)

for the manufacture of high-density

polyethylene using a liquid phase slurry

process material recovery sections and

product finishing sections are regulated,

(2) for the manufacture of

polypropylene using a liquid-phase

process polymerization reaction

sections, material recovery sections, and

product finishing sections are regulated,

and (3) for the manufacture of

polystyrene using a continuous process

material recovery sections are regulated.

EPA’s Evaluation: The regulation

listed above is approvable as a SIP

revision because it conforms to EPA

guidance and complies with the

requirements of the CAA. EPA has

determined that the RACT standards are

no less stringent than the applicable

CTG.

State Submittal: Section 42 covers air

oxidation processes in the synthetic

organic chemical manufacturing

industry (SOCMI). SOCMI is defined as

production, either as a final product or

as an intermediate, of any of the
21712 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations

chemicals listed in 40 CFR 60.489.

Covered are vent streams from air

oxidation reactors and from

combinations of air oxidation reactors

and recovery systems. Section 42

requires VOC emissions from these vent

streams be no more 20 parts per million

(volumetric, dry basis corrected to 3

percent oxygen) or be reduced by 98

percent (whichever is less) or be burned

in a flare that meets the requirements of

40 CFR 60.18. Vent streams that have a

total resource effectiveness (TRE) index

value greater than 1.0 are required only

to maintain the TRE index value greater

than 1.0, to recalculate the TRE index

value after any process change and to

install monitoring devices on the final

recovery device.

EPA’s Evaluation: The regulation

listed above is approvable as a SIP

revision because it conforms to EPA

guidance and complies with the

requirements of the CAA. EPA has

determined that the RACT standards are

no less stringent than the applicable

CTG.

State Submittal: Section 43 applies to

all major VOC sources not covered by a

CTG (non-CTG sources: VOC sources

with the potential to emit 25 TPY in

Kent and Castle Counties nonattainment

area and 50 TPY in Sussex County). The

control requirements do not apply to

coke ovens (including by-products

recovery plants), fuel combustion

sources, barge facilities, jet engine test

cells, vegetable oil processing facilities,

wastewater treatment facilities, and iron

and steel production.

EPA’s Evaluation: The regulation

listed above is approvable as a SIP

revision because it conforms to EPA

guidance and complies with the

requirements of the CAA. EPA has

determined that the RACT standards are

no less stringent than the applicable

CTG.

State Submittal: Appendices A to H

comprise the test and compliance

methods applicable to more than one of

the source categories of sections 13 to

43. Appendix H specifies the quality

control procedures for continuous

emission monitors. Each section

requires that adaptations to specified

methods or alternative test methods

must be approved by the Department

and the U.S. EPA.

A. Appendix A requires that the

methods of Appendices B to G be used

and sets the general requirements for

test plans and testing quality assurance

programs. Test plans must be submitted

to the Department at least 30 days prior

to the testing, preliminary results within

30 days after completion and the final

report within 60 days of the completion

of the testing.

B. Appendix B specifies the methods

to be used for sampling and analyzing

coatings and inks for VOC content.

Specified methods for determining VOC

content are Method 24 of 40 CFR Part

60, Appendix A for coatings and

Method 24A of 40 CFR Part 60,

Appendix A for inks.

C. Appendix C specifies the methods

to be used by coating sources for

calculation of daily weighted average, of

required overall emission reduction

efficiency and of equivalent emission

limitations. Appendix C(a) provides the

formula for calculating the daily

weighted average VOC content.

Appendix C(c) specifies how the daily

required control efficiency is to be

calculated. Provided are procedures: (1)

To convert the complying coating,

emission limits from a mass VOC per

gallon of coating (less water and exempt

solvent) basis to a solids basis, mass

VOC per gallon solids, (2) to calculate

the required overall emission reduction

efficiency using the complying coating

emission limit on a solids basis and

either the maximum actual VOC content

(solids basis) or the actual, dailyweighted average VOC (on a solids

basis), and (3) to calculate the actual,

daily-weighted average VOC (on a solids

basis) of the coatings used.

D. Appendix D specifies the methods

for measuring capture efficiency and for

calculating control device destruction or

removal efficiency.

(1) Capture efficiency: Four capture

efficiency testing and calculation

protocols are used: Gas/gas methods

using either a temporary total enclosure

(TTE) or a building enclosure (BE) as a

TTE. Liquid/gas methods using either a

BE as a TTE or a TTE.

(2) Control device destruction or

removal efficiency: Appendix D(b)

requires that the methods specified in

Appendix E be used for determining the

flows and VOC concentrations in the

inlets and outlets of VOC control

devices. Appendix D stipulates the

formula for calculating control device

destruction or removal efficiency.

Appendix D also requires continuous

monitoring on carbon adsorption

systems and incinerators and specifies

the requirements for such monitoring

systems.

(3) Overall capture and control

efficiency: Appendix D(c) requires that

overall capture and control efficiency be

calculated as the product of the capture

efficiency and the control device

efficiency.

E. Appendix E adopts reference

methods found in 40 CFR Part 60,

appendix A. The methods adopted are:

Method 18, 25 or 25A for determining

VOC concentrations at the inlet and

outlet of a control device; only Method

25 is allowed for determining

destruction efficiency of thermal or

catalytic incinerators. Method 1 or 1A

for velocity traverse. Method 2, 2A, 2B,

2C, or 2D for measuring velocity and

flow rates. Method 3 or 3A for

determining oxygen and carbon dioxide

analysis. Method 4 for stack gas

moisture. Appendix E also specifies the

number and length of tests.

F. Appendix F specifies leak detection

methods. Method 21 of 40 CFR part 60,

appendix A is adopted.

G. Appendix G sets the performance

specifications of systems for the

continuous emissions monitoring of

total hydrocarbons as a surrogate for

measuring the total gaseous organic

concentration in a combustion gas

stream.

H. Appendix H requires each owner

or operator of a continuous emissions

monitor system (CEMS) to develop and

implement a CEMS quality control

program. Appendix H defines the

minimum requirements for such a

program.

EPA’s Evaluation: The regulations

listed above are approvable as SIP

revisions because they conform to EPA

guidance and comply with the

requirements of the CAA. EPA has

determined that the test methods and

compliance procedures are no less

stringent than that required by the

applicable CTG and pertinent EPA

guidance.

As required by 40 CFR 51.102, the

State of Delaware has certified that

public hearings with regard to these

revisions were held in Delaware on

September 29, 1992; and on September

8, 1993 on the amended VOC RACT

Catch-ups.

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 become effective July 3, 1995

unless, within 30 days of publication,

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
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations 21713

should do so at this time. If no such

comments are received, the public is

advised that this action will be effective

on July 3, 1995.

Final Action

EPA is approving sections 1 to 9,

inclusive, 13 to 35, inclusive, 37 to 42,

inclusive, parts of 43, and appendices A

to H of Delaware Regulation 24 as a

revision to the Delaware SIP. The State

of Delaware submitted these

amendments to EPA as a SIP revision on

January 11, 1993 and January 20, 1994.

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.

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 CAA do not

create any new requirements but simply

approve requirements that the State is

already imposing. Therefore, because

the Federal SIP approval does not

impose any new requirements, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the CAA, preparation of a

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of State action. The CAA

forbids EPA to base its actions

concerning SIP’s on such grounds.

Union Electric Co. v. U.S. EPA, 427 U.S.

246, 255–66 (1976); 42 U.S.C.

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 CAA,

petitions for judicial review of this

action approving twenty-nine VOC

RACT regulations for Delaware 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 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: January 27, 1995.

Stanley L. Laskowski,

Acting Regional Administrator, Region III.

40 CFR part 52, subpart I of chapter

I, title 40 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 I—Delaware

2. Section 52.420 is amended by

adding paragraphs (c)(46) and (c)(51) to

read as follows:

§ 52.420 Identification of plan.

* * * * *

(c) * * *

(46) Revisions to the Delaware State

Implementation Plan submitted on

January 11, 1993 by the Delaware

Department of Natural Resources &

Environmental Control:

(i) Incorporation by reference. (A)

Letter of January 11, 1993 from the

Delaware Department of Natural

Resources & Environmental Control

transmitting Regulation 24—‘‘Control of

Volatile Organic Compound Emissions’’,

effective January 11, 1993.

(B) Regulation 24—‘‘Control of

Volatile Organic Compound Emissions’’,

Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 13, 14,

15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25,

26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 37,

38, 39, 40, 41, 42, and Appendices A,

B, C, D, E, F, G, & H.

* * * * *

(51) Revisions to the Delaware State

Implementation Plan submitted on

January 20, 1994 by the Delaware

Department of Natural Resources &

Environmental Control:

(i) Incorporation by reference. (A)

Letter dated January 20, 1994, from the

Delaware DNREC transmitting an

amendment to Regulation 24, ‘‘Control

of Volatile Organic Compound

Emissions’’, Section 43—‘‘Other

Facilities that Emit VOCs’’, effective

November 24, 1993.

(B) Amendment to Regulation 24,

‘‘Control of VOC Emissions’’, Section

43—‘‘Other Facilities that Emit VOCs’’,

Sections 43(a)(1), 43(a)(2), 43(a)(3),

43(a)(4), 43(b)(1), 43(b)(2), 43(c), 43(d),

43(e), and 43(f).

(ii) Additional Material. (A)

Remainder of January 11, 1993 and

January 20, 1994 State submittal

pertaining to Regulation 24 referenced

in paragraphs (c)(46)(i) and (c)(51)(i) of

this section.

(iii) Additional Information. (A) These

rules supersede paragraph (c)(44)(i)(C)

of this section.

[FR Doc. 95–10817 Filed 5–2–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[KY–80–1–6943; FRL–5200–8]

Control Strategy: Ozone (O3);

Kentucky

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is approving an

exemption request from the oxides of

nitrogen (NOX) reasonably available

control technology (RACT) requirement

of the Clean Air Act as amended in 1990

(CAA) for the Kentucky portion of the

Huntington-Ashland, moderate ozone

(O3) nonattainment area. The exemption

request, submitted by the

Commonwealth of Kentucky through

the Department of Environmental

Protection, is based upon the most

recent three years of ambient air

monitoring data, which demonstrate

that additional reductions of NOX

would not contribute to the attainment

of the National Ambient Air Quality

Standard (NAAQS) for O3 in the area.

The CAA requires states with

designated nonattainment areas of the

NAAQS for O3, and classified as

moderate nonattainment or above, to

adopt RACT rules for major stationary

sources of NOX. The CAA provides

further that the NOX requirements do

not apply to these areas outside an O3

transport region if EPA determines that

additional reductions of NOX would not