Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Rules and Regulations 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-forprofit 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:

§ 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]

BILLING CODE 6560–50–P

40 CFR Part 52

[DC23–1–6790a; FRL–5181–2]

Approval and Promulgation of Air

Quality Implementation Plans; District

of Columbia; GSA Central and West

Heating Plants

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a State

implementation plan (SIP) revision

submitted by the District of Columbia.

This revision will limit air pollution

from two steam-generating facilities

located in the District of Columbia. The

intended effect of this action is to

approve a permit-to-operate issued by

the District of Columbia to General

Services Administration for its Central

and West Heating Plants. This action is

being taken under section 110 of the

Clean Air Act.

DATES: This final rule is 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 may be mailed to

Marcia L. Spink, Associate Director, Air

Programs (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 District of

Columbia Department of Consumer and

Regulatory Affairs, 2100 Martin Luther

King Ave, S.E., Washington, DC 20020.

FOR FURTHER INFORMATION CONTACT:

David J. Campbell, Technical

Assessment Section (3AT22), U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107,

phone: (215) 597–9781.

SUPPLEMENTARY INFORMATION: On

October 24, 1994, the District of
21454 Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Rules and Regulations

Columbia submitted a request that EPA

approve a revision to the District of

Columbia SIP. The revision consists of

a September 8, 1994 operating permit

issued by the District of Columbia to

GSA for its Central and West Heating

Plants. The permit establishes general

operating procedures at GSA’s Central

Heating Plant (CHP) and West Heating

Plant (WHP), including the exclusive

combustion of natural gas (with the

provision for the combustion of lowsulfur oil in the event of a natural gas

service interruption).

The permit also defines annual and

short-term emission limitations for SO2,

particulate matter (PM–10), nitrogen

oxides (NOX), volatile organic

compounds (VOCs), and carbon

monoxide (CO) for both of the plants.

Since this permit establishes more

stringent emission limitations than the

existing SIP or applicable new source

performance standards (NSPS), the

ambient air quality with respect to each

of the criteria pollutants mentioned

above shall be significantly improved.

The permit-to-operate issued to GSA

promotes continued maintenance of the

national ambient air quality standards

(NAAQS) for SO2, PM–10, and NOX in

the areas surrounding the CHP and

WHP. The District of Columbia is

currently designated as nonattainment

for the NAAQS for CO. Although the

emissions limits established in the

permit for CO will not affect the

attainment status of the District, they do

provide for CO emissions reductions at

these two facilities which were

previously uncontrolled for CO. The

permit also regulates particulate matter

and VOC emissions.

In order to achieve these emission

reductions, GSA is restricted by its

September 8, 1994 operating permit to

the combustion of natural gas. The

District restricted the fuel capabilities at

the two facilities primarily to minimize

SO2 emissions from the Plants.

Modeling analyses performed in 1990 as

part the permitting process for GSA’s

proposed refurbishment of various

boilers at CHP and WHP indicated that

elevated ambient concentrations of SO2

were predicted for the areas

immediately surrounding the two

facilities when the Plants burned coal

under typical winter day conditions.

Along with the restrictions on fuel

usage, the permit limits the hourly and

annual emissions of various pollutants

from the facilities. The permit

drastically reduces SO2 emissions from

the plant to the point where such

emissions present negligible potential

for impact on the surrounding areas. For

instance, the average annual SO2

emissions from CHP and WHP were 523

and 626 tons per year, respectively,

during the period of 1980 to 1990,

inclusive. The current permit-to-operate

restricts annual SO2 emissions to 4 tons

per year at CHP and 5 tons per year at

WHP. This is an average overall

reduction of 1140 tons per year of SO2

emissions in the vicinity of the two

facilities. Annual emissions of PM–10,

NOX, CO, and VOCs from the two plants

are restricted to a degree that further

limits the potential for violation of the

relevant annual NAAQS in the vicinity

of these facilities.

The operating permit is also

protective of the short-term NAAQS. For

each of the pollutants discussed above,

hourly emission limitations are

established in the permit. These hourly

emission limits are, in every instance, as

stringent or more restrictive than the

applicable limits in the District’s

existing SIP or new source performance

standards (NSPS) limits.

As mentioned above, the operating

permit requires the combustion of

natural gas at all times at GSA’s CHP

and WHP. However, there is a provision

for the use of No. 2 ‘‘on-road diesel’’

with a maximum sulfur content of five

hundredths weight percent (0.05%wt)

during periods of service interruptions

by the supplier. It should be noted that

GSA must comply with its annual and

short-term emission rates regardless of

the fuel it uses. In the event of a service

interruption, the permit contains

explicit instructions for the notification

of the District of this event and

recordation of pertinent information.

The permit also requires GSA to

report an extensive amount of

information to ensure continuous

compliance with the annual and shortterm emission limits. The principal

means for compliance determination is

the use of continuous emissions

monitoring data collected at the

facilities. The District relies primarily

on the procedures established in 40 CFR

part 60 for monitor operation and data

quality assurance. Daily emissions

reports that provide hourly emission

rates for SO2, NOX, VOCs, and CO are

to be prepared by GSA. GSA must also

submit a quarterly report documenting

the hourly status of each boiler at CHP

and WHP including; hours of service,

types and quantities of fuel combusted,

fuel composition and heat content,

service interruptions, and total tons of

SO2, NOX, PM–10, VOCs, and CO

emitted on a monthly basis and as part

of a rolling, 12-month annual average. A

monthly report is to be prepared

demonstrating GSA’s maintenance of

the NAAQS for SO2 in the vicinity of

the two facilities. Sulfur-in-fuel reports

are due each month detailing specific

information about the fuel oil, if any,

that was burned during the month. The

level of reporting detailed above

provides adequate assurances that the

compliance status of GSA can be

quickly and accurately tracked at all

times.

EPA Evaluation

EPA has evaluated the District of

Columbia’s SIP revision request and

concluded the following: (1) The

operational and emission limitations

imposed on GSA’s Central and West

Heating Plants adequately promote

continued maintenance of the NAAQS;

(2) the operational and emission

limitations are clearly enforceable; and

(3) the applicable requirements of CFR

part 51 have been met. A more detailed

evaluation is provided in the Technical

Support Document for this action which

is available upon request from the EPA

Region III office listed in the ADDRESSES

section of this document.

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

comments are received, the public is

advised that this action will be effective

on July 3, 1995.

Final Action

EPA is approving the District of

Columbia’s October 24, 1994 submittal

consisting of a permit-to-operate for

GSA’s Central and West Heating Plants

as a revision to the District of Columbia

SIP.

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
Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Rules and Regulations 21455

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 Clean Air 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 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

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).

This action has been classified as a

Table 3 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 to

approve the permit-to-operate issued to

GSA for its Central and West Heating

Plants as a revision to the District of

Columbia SIP 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, Carbon monoxide,

Incorporation by reference, Nitrogen

dioxide, Particulate matter, Reporting

and recordkeeping requirements, Sulfur

oxides.

Dated: March 21, 1995.

Stanley L. Laskowski,

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 J—District of Columbia

2. Section 52.470 is amended by

adding paragraph (c)(33) to read as

follows:

§ 52.470 Identification of plan.

* * * * *

(c) * * *

(33) Permit-to-operate issued by the

District of Columbia to General Services

Administration for its Central and West

Heating Plants submitted on October 24,

1994 by the Environmental Regulation

Administration:

(i) Incorporation by reference.

(A) Letter of October 24, 1994 from

the Environmental Regulation

Administration transmitting a permit-tooperate issued by the District of

Columbia to GSA for its Central and

West Heating Plants.

(B) September 8, 1994 permit-tooperate issued by the District of

Columbia to GSA for its Central and

West Heating Plants requiring the

combustion of natural gas and

establishing annual and short-term

emission limits for SO2, NOX, PM–10,

VOCs, and CO. The permit was effective

upon its issuance.

(ii) Additional material.

(A) Remainder of the District of

Columbia’s October 24, 1994 submittal.

[FR Doc. 95–10706 Filed 5–1–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[CA 125–1–6903; FRL–5190–9]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, San

Diego County Air Pollution Control

District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing the approval

of revisions to the California State

Implementation Plan (SIP) proposed in

the Federal Register on December 9,

1994. The revisions concern rules from

the San Diego County Air Pollution

Control District (SDCAPCD). This

approval action will incorporate these

rules into the federally approved SIP.

The intended effect of approving these

rules is to regulate emissions of volatile

organic compounds (VOCs) in

accordance with the requirements of the

Clean Air Act, as amended in 1990

(CAA or the Act). The revised rule

controls VOC emissions from the

surface coating of miscellaneous metal

parts and products. Thus, EPA is

finalizing the approval of these

revisions into the California SIP under

provisions of the CAA regarding EPA

action on SIP submittals, SIPs for

national primary and secondary ambient

air quality standards and plan

requirements for nonattainment areas.

EFFECTIVE DATE: This action is effective

on June 1, 1995.

ADDRESSES: Copies of the rule revisions

and EPA’s evaluation report for each

rule are available for public inspection

at EPA’s Region IX office during normal

business hours. Copies of the submitted

rule revisions are available for

inspection at the following locations:

Rulemaking Section (A–5–3), Air and

Toxics Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105.

Environmental Protection Agency, Air

Docket (6102), 401 M Street, S.W.,

Washington, D.C. 20460.

San Diego County Air Pollution Control

District, 9150 Chesapeake Drive, San

Diego, CA 92123–1096.

FOR FURTHER INFORMATION CONTACT:

Helen Liu, Rulemaking Section, Air and

Toxics Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105, Telephone: (415) 744–1199.

SUPPLEMENTARY INFORMATION:

Background

On December 9, 1994 in 59 FR 63724,

EPA proposed to approve the following

rule into the California SIP: SDCAPCD’s

Rule 67.3, Coating of Metal Parts and

Products. Rule 67.3 was adopted by the

SDCAPCD on November 1, 1994. The

rule was submitted by the California Air

Resources Board (CARB) to EPA on

November 23, 1994. These rules were

submitted in response to EPA’s 1988

SIP-Call and the CAA section

182(a)(2)(A) requirement that

nonattainment areas fix their reasonably

available control technology (RACT)