[Federal Register: April 28, 2004 (Volume 69, Number 82)]
[Rules and Regulations]
[Page 23110-23112]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ap04-10]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WV064-6033a; FRL-7652-6]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Revision to the State Implementation Plan Addressing
Sulfur Dioxide in Marshall County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve a revision to the
West Virginia State Implementation Plan (SIP). The revision consists of
a Consent Order for PPG Industries, Inc., which will continue to
achieve and maintain the national ambient air quality standards (NAAQS)
for sulfur dioxide (SO2) in Marshall County, West Virginia.
EPA is approving this revision to incorporate the Consent Order into
the federally approved SIP in accordance with the requirements of the
Clean Air Act.
DATES: This rule is effective on June 28, 2004 without further notice,
unless EPA receives adverse written comment by May 28, 2004. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.
ADDRESSES: Submit your comments, identified by WV064-6033 by one of the
following methods:
A. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
B. E-mail: morris,makeba@epa.gov
C. Mail: Makeba Morris, Chief, Air Quality Planning Branch,
Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. WV064-6033.
EPA's policy is that all comments received will be included in the
public docket without change, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the public docket and
made available on the Internet. If you submit an electronic comment,
EPA recommends that you include your name and other contact information
in the body of your comment and with any disk or CD-ROM you submit. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
Copies of the documents relevant to this action are available for
public inspection during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103; the Air and Radiation Docket
and Information Center, U.S. Environmental Protection Agency, 1301
Constitution Avenue, NW, Room B108, Washington, DC 20460; and West
Virginia Department of Environmental Protection, Division of Air
Quality, 7012 MacCorkle Avenue, SE., Charleston, West Virginia 25304-
2943.
FOR FURTHER INFORMATION CONTACT: Ellen Wentworth, (215) 814-2034, or
Denis Lohman, (215) 814-2192, or by e-mail at wentworth.ellen@epa.gov
or lohman.denny@epa.gov
SUPPLEMENTARY INFORMATION:
I. Background
On August 2, 2000 (65 FR 47339), EPA approved and promulgated a
revision to the West Virginia SIP addressing SO2 in Marshall
County, West Virginia. This SIP revision consisted of Consent Orders
prescribing new SO2 emission limits and operating practices
for three facilities in Marshall County, West Virginia. The facilities
were PPG Industries (CO-SIP-2000-1), Bayer Corporation (CO-SIP-2000-2),
and Columbian Chemicals Company (CO-SIP-2000-3). The changes to the
emission limits were approved into the West Virginia SIP and are
federally enforceable. These changes in emission rates were necessary
as a result of these sources being modeled as ``nearby background
sources'' in the preliminary modeling of the Kammer power plant in
Marshall County. The preliminary modeling indicated that these sources,
at their existing allowable emission rates, were substantial
contributors to modeled predicted violations of the NAAQS for
SO2. The West Virginia Department of Environmental
Protection (WVDEP) initiated action to complete a refined modeling
analysis and determine appropriate emission limits for these sources
and others in and near to Marshall County. With the emission limits and
work practice requirements being approved for these three facilities,
and the existing SIP-approved emission rates for the other sources
modeled, the refined modeling results predict worst-case concentrations
for the 3-hour, 24-hour, and annual averaging periods of 1294
micrograms per cubic meter of air ([mu]g/m\3\) for the secondary 3-
hour, 352 [mu]g/m\3\ for the primary 24-hour standard, and 62 [mu]g/
m\3\ for the primary annual standard, respectively. Approval of the
August 2, 2000 SIP revision, incorporating the provisions of CO-SIP-
2000-1, (65 FR 47339) ensured that all ambient concentrations were
below the applicable SO2 NAAQS of 1300 [mu]g/m\3\, 365
[mu]g/m\3\, and 80 [mu]g/m\3\, respectively. For more detailed
information on the modeling for the SIP revision of August 2, 2000,
please see the technical support document (TSD) prepared for that
rulemaking.
In September 2001, PPG requested an extension of the compliance
date (June 1, 2002) contained in CO-SIP-2000-1 for raising the height
of three (3) emissions points. These emission points included Process
036, the Sulfur Recovery Unit; Process 016, the
CS2 Flare; and Process 004, the Inorganics Flare.
The request for an extension of the compliance date for these emission
points was incorporated into a Consent Order, CO-SIP-C-2001-35A (2000),
which amended CO-SIP-2000-1, and provided for an extension until
September 1, 2003 for raising the heights of Process 004, the
Inorganics Flare; Process 036, the CS2 Sulfur
Recovery Unit; and Process 016, the CS2 Flare to
heights of sixty-five (65) meters above grade. All other provisions and
requirements of CO-SIP-2000-1 remained in effect. This Consent Order
was approved by the WVDEP on
[[Page 23111]]
November 21, 2001. A SIP revision was drafted and a public hearing was
held on June 13, 2002. However, before the WVDEP submitted this revised
Consent Order to EPA as a formal SIP revision, PPG notified the WVDEP
that due to a process change at the facility, certain stack extensions
would no longer be necessary to in order to demonstrate modeled
attainment of the SO2 NAAQS.
In September 2002, PPG Industries requested the approval of a plan
for demonstrating attainment of the NAAQS for SO2 whereby
the height of Process 004, the Inorganics Flare, would remain
at its existing height with an allowable emission rate of 91.3 lbs/hr
of SO2 , Process 036, the CS2 Sulfur
Recovery Unit, would remain at its existing height and would have an
allowable emission rate of 300 lbs/hr of SO2, and Process
016, the CS2 Flare would remain at its existing
height and would have an allowable emission rate of 6.0 lbs/hr.
Previously, the emission rate of the CS2 Flare used for
modeling had been 1011.6 lbs/hr SO2. This plan was able to
demonstrate attainment of the NAAQS for SO2 because of a
process change made in the CS2 Department during the second
quarter of 2002, whereby emissions of SO2 that were
originally sent to the CS2 Flare (with an emission rate of
1011.6 lbs/hr) would now be recovered in the CS2 Sulfur
Recovery Unit.
The WVDEP advised PPG Industries that acceptable modeling, (using
the same model input files used in the original attainment
demonstration approved by EPA as a SIP revisions in August, 2000),
incorporating the changes noted in the plan request of September 2002,
would have to be submitted to the WVDEP for review. In December 2002,
PPG submitted an air dispersion modeling demonstration to WVDEP with
the proposed requested changes. The WVDEP reviewed PPG's submittal, and
found that with the requested changes to the Consent Order, the
modeling continued to demonstrate attainment of all of the NAAQS for
SO2.
II. Summary of SIP Revision
On November 17, 2003, the WVDEP submitted a formal revision to its
SIP to EPA. The SIP revision consists of a Consent Order CO-SIP-2003-
27, for prescribing SO2 emission limits and operating
practices for PPG Industries, Inc., located in Marshall County, West
Virginia. This SIP revision provides for the attainment of the three
(3) hour, twenty-four (24) hour and annual SO2 NAAQS in, and
around Marshall County, West Virginia. The purpose of this revision is
to approve and incorporate CO-SIP-2003-27, entered into between the
WVDEP and PPG Industries, Inc., located in Marshall County, West
Virginia into the SIP.
A. Description of the Consent Order for PPG
Listed below are the essential compliance provisions of CO-SIP-
2003-27. The Consent Order also contains generic provisions requiring
compliance with 45CSR10, as well as good air pollution control
practices.
CO-SIP-2003-27--PPG Industries, Inc.
Effective July 29, 2003
a. Emissions of SO2 from Process 004, the
Inorganics Flare, shall not exceed 91.3 lbs SO2 /hour as
averaged over a three-hour period.
b. Process 014, the CS2 Vaporizer A, Process
015, the CS2 Vaporizer B, Process 018, the
Molten Salt Furnace, and Process 019, Chlorine Recovery shall
be fired only with natural gas.
c. Emissions of SO2 from Process 016, the
CS2 Flare, shall not exceed 6.0lbs/hr when averaged over a
three-hour period. Emissions during the start-up and shutdown of the
CS2 production unit will not be sent to Process
016, the CS2 Flare. The operating department will
direct these emissions during start-ups and shutdowns to the
CS2 Sulfur Recovery Unit via piping and valves and the
CS2 Sulfur Recovery Unit will be operated during this period
of time in compliance with the emission limitation specified in
paragraph (e) below.
d. Emissions of sulfur dioxide from Process 017, the Raw
Brine Flare, shall not exceed 11.65 lbs. SO2 /hour as
averaged over a three-hour period.
e. Emissions of SO2 from Process 036, the
CS2 Sulfur Recovery Unit, shall not exceed 300 lbs.
SO2/hour as averaged over a three-hour period.
Gases exhausted from Process 004, the Inorganics Flare,
Process 036, the CS2 Sulfur Recovery Unit, and
Process 016, the CS2 Flare, shall be exhausted from
stacks having heights of thirty and four tenths (30.4) meters above
grade, and all exhaust gases from Process 017, the Raw Brine
Flare, shall be exhausted from a stack having a height of forty (40)
meters above grade. Any modifications to the stacks in existence on the
date of this CO or replacement of those stacks shall comply with the
provisions of 45 CSR20 ``Good Engineering Practice as Applicable to
Stack Heights.''
The modeling demonstration for this SIP revision request is derived
from the demonstration for the Marshall County SIP revision approved on
August 2, 2000 (65 FR 47339). The Marshall County demonstration used
the CALPUFF \1\ dispersion model and included source specifications for
the PPG Industries facility. This request is to modify the approved
demonstration by changing the configuration of the PPG Industries
facility. The PPG contribution to the original demonstration was
removed and replaced with modified contributions from the new source
specifications. The modified results also demonstrate attainment of the
NAAQS for SO2.
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\1\ At the time, CALPUFF was not listed as a preferred model in
40 CFR part 51 Appendix W (Guideline on Air Quality Models). West
Virginia obtained permission from EPA to use CALPUFF for the
demonstration. Subsequently, on April 15, 2003 (68 FR 18440)
Appendix W was revised to include CALPUFF as a preferred model.
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B. Maximum Predicted SO2 Impacts From the Modified
Compliance Demonstration
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Model
Period prediction NAAQS
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3-Hour........................................ 1271 1300
24-Hour....................................... 353 365
Annual........................................ 73 80
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The modeling demonstration adequately shows that the NAAQS for
SO2 are attained in the Marshall County area of West
Virginia.
III. Final Action
EPA is approving a revision to the West Virginia SIP submitted by
the WVDEP on November 17, 2003. The revision consists of a Consent
Order, CO-SIP-2003-27, for PPG Industries, Inc., located in Marshall
County, West Virginia. The SIP revision is supported by a modeled
demonstration that the NAAQS for SO2 in Marshall County
shall continue to be attained and maintained.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment [as appropriate, insert language explaining why we
anticipate no adverse comment]. However, in the ``Proposed Rules''
section of today's Federal Register, EPA is publishing a separate
document that will serve as the proposal to approve the SIP revision if
adverse comments are filed. This rule will be effective on June 28,
2004 without further notice unless EPA receives adverse comment by May
28, 2004. If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a
[[Page 23112]]
second comment period on this action. Any parties interested in
commenting must do so at this time.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804 exempts from section 801 the following types
of rules: (1) Rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required
to submit a rule report regarding today's action under section 801
because this is a rule of particular applicability establishing source-
specific requirements for PPG Industries, Inc., in Marshall County,
West Virginia.
C. Petitions for Judicial 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 June 28, 2004. Filing a
petition for reconsideration by the Administrator of this final rule
approving a Consent Order for PPG Industries, Inc., in Marshall County,
West Virginia 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, Incorporation by
reference, Reporting and recordkeeping requirements, Sulfur oxides.
Dated: April 13, 2004.
Richard J. Kampf,
Acting Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XX--West Virginia
0
2. Section 52.2520 is amended by adding paragraph(c)(58) to read as
follows:
Sec. 52.2520 Identification of plan.
* * * * *
(c) * * *
(58) Revision to the West Virginia Regulations to achieve and
maintain the sulfur dioxide national ambient air quality standards
(NAAQS) in Marshall County consisting of Consent Order, CO-SIP-C-2003-
27 for PPG Industries, Inc., submitted on November 17, 2003, by the
West Virginia Department of Environmental Protection:
(i) Incorporation by reference.
(A) Letter of November 17, 2003, from the West Virginia Department
of Environmental Protection transmitting a revision to the State
Implementation Plan (SIP) to achieve and maintain the NAAQS for sulfur
dioxide in Marshall County, West Virginia.
(B) Consent Order, CO-SIP-C-2003-27, entered into by and between
the West Virginia Department of Environmental Protection, Division of
Air Quality, and PPG Industries, Inc., on July 29, 2003. The consent
order was effective on July 29, 2003.
(ii) Additional Material.--Remainder of the State submittal
pertaining to the revision listed in paragraph (c)(58)(i) of this
section.
[FR Doc. 04-9580 Filed 4-27-04; 8:45 am]
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