Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Rules and Regulations 21451

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 any small entities affected.

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 USEPA to base its actions

concerning SIPs on such grounds.

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

246, 256–66 (S.Ct. 1976); 42 U.S.C.

7410(a)(2).

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 may not

be challenged later in proceedings to

enforce its requirements. (See Section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Air pollution control, Carbon

monoxide, Environmental protection,

Incorporation by reference,

Intergovernmental relations, Lead,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides.

Note: Incorporation by reference of the

State Implementation Plan for the State of

Minnesota was approved by the Director of

the Federal Register on July 1, 1982.

Dated: March 8, 1995.

David A. Ullrich,

Acting Regional Administrator.

Title 40 of the Code of Federal

Regulations, chapter I, part 52 is

amended as follows:

PART 52—APPROVAL AND

PROMULGATION OF

IMPLEMENTATION PLANS

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart Y—[Amended]

2. Section 52.1220 is amended by

adding paragraph (c)(37) to read as

follows:

§ 52.1220 Identification of plan.

* * * * *

(c) * * *

(37) On November 23, 1993, the State

of Minnesota submitted updated air

permitting rules.

(i) Incorporation by reference.

(A) Rules 7007.0050 through

7007.1850, effective August 10, 1993.

(B) Rules 7001.0020, 7001.0050,

7001.0140, 7001.0180, 7001.0550,

7001.3050, 7002.0005, 7002.0015, and

7005.0100, effective August 10, 1993.

§ 52.1225 [Amended]

3. Section 52.1225 is amended by

removing and reserving paragraphs (c)

and (d).

§ 52.1233 [Added]

4. Section 52.1233 is added to read as

follows:

§ 52.1233 Operating permits.

Emission limitations and related

provisions which are established in

Minnesota permits as federally

enforceable conditions in accordance

with Chapter 7007 rules shall be

enforceable by USEPA. USEPA reserves

the right to deem permit conditions not

federally enforceable. Such a

determination will be made according to

appropriate procedures, and be based

upon the permit, permit approval

procedures or permit requirements

which do not conform with the permit

program requirements or the

requirements of USEPA’s underlying

regulations.

[FR Doc. 95–10702 Filed 5–1–95; 8:45 am]

BILLING CODE 6560–50–P

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.

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 (NOX). The intended

effect of this action is to approve a

regulation for annual reporting of actual

emissions by sources that emit VOC

and/or NOX 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 NOX, 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
21452 Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Rules and Regulations

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: NOX

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 NOX. 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 NOX

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 NOX 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 NOX 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 NOX, 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 NOX, 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
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