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ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
WV ID: [WV064-6033a; FRL-7652-6]
NOTICE: RULES
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Direct final rule.
SUBJECT CATEGORY: Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Revision to the State Implementation Plan Addressing Sulfur Dioxide in Marshall County
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.
DOCUMENT 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 (SO
SUMMARY: West Virginia,
SUPPLEMENTAL INFORMATION
I. Background On August 2, 2000 (65 FR 47339), EPA approved and promulgated a
revision to the West Virginia SIP addressing SO
In September 2001, PPG requested an extension of the compliance
date (June 1, 2002) contained in COSIP20001 for raising the height
of three (3) emissions points. These emission points included Process
[[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 SO
In September 2002, PPG Industries requested the approval of a plan
for demonstrating attainment of the NAAQS for SO
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 SO
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 COSIP2003
27, for prescribing SO
A. Description of the Consent Order for PPG
Listed below are the essential compliance provisions of COSIP
200327. The Consent Order also contains generic provisions requiring
compliance with 45CSR10, as well as good air pollution control practices.
COSIP200327PPG Industries, Inc.
Effective July 29, 2003
a. Emissions of SO
b. Process
c. Emissions of SO
d. Emissions of sulfur dioxide from Process
e. Emissions of SO
Gases exhausted from Process
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 SO
\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.
B. Maximum Predicted SO
Model
Period prediction NAAQS
3Hour........................................ 1271 1300
24Hour....................................... 353 365
Annual........................................ 73 80
The modeling demonstration adequately shows that the NAAQS for
SO
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, COSIP200327, for PPG Industries, Inc., located in Marshall
County, West Virginia. The SIP revision is supported by a modeled
demonstration that the NAAQS for SO
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 preexisting 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 1044). 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 nonagency 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.
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 et seq.
Subpart XXWest Virginia
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, COSIPC2003
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, COSIPC200327, 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. 049580 Filed 42704; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT Ellen Wentworth, (215) 814-2034, or Denis Lohman, (215) 8142192, or by email at wentworth.ellen@epa.gov or lohman.denny@epa.gov
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