Approval and Promulgation of Air Quality Implementation Plans; Virginia; NOX RACT Determinations for Washington Gas Company

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: October 6, 2004 (Volume 69, Number 193)]
[Rules and Regulations]
[Page 59812-59815]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06oc04-19]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[VA156-5084a; FRL-7824-2]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; NOX RACT Determinations for Washington Gas Company

AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the
Virginia State Implementation Plan (SIP). The revision consists of a
reasonably available control technology (RACT) for the control of
nitrogen oxides (NO_X) from Washington Gas Company,
Ravensworth Station, Registration No. 72277, located in Fairfax County,
Virginia. EPA is approving these revisions in accordance with the
requirements of the Clean Air Act.

DATES: This rule is effective on December 6, 2004 without further
notice, unless EPA receives adverse written comment by November 5,
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 VA156-5084 by one of the
following methods:
A. Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online 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. VA156-5084.
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 Web site 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; and Commonwealth of Virginia,
Department of Environmental Quality, 629 East Main Street, Richmond,
Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Betty Harris, (215) 814-2168, or by e-
mail at harris.betty@epa.gov.

SUPPLEMENTARY INFORMATION:

[[Page 59813]]

I. Background

The Commonwealth of Virginia submitted a formal revision on April
26, 2004 and a supplemental submittal on August 18, 2004 to its State
Implementation Plan (SIP). The SIP revision consists of a RACT
determination, contained in the permit to operate, for the control of
NO_X from Washington Gas Company, Ravensworth Station,
Registration No. 72277, located in Fairfax County, Virginia.

II. Summary of SIP Revision

Washington Gas Company, Ravensworth Station, Registration No. 72277

The Washington Gas Company owns and operates a peak shaving,
propane storage facility in Springfield, Virginia (the Ravensworth
Station). VADEQ submitted a permit to operate for Washington Gas
Company to implement RACT requirements for ten (10) natural gas-fired,
Ingersoll Rand Model engine-driven compressors, one natural gas-fired
Caterpillar model electrical generator, three (3) natural gas-fired
Erie City boilers, and one natural gas-fired Cleaver Brooks boiler.

Emissions Controls

The NO_X emissions from each of the compressor engines
shall be controlled by a combination of engine tuning and good
combustion practices. Good combustion practices shall involve the
continuous operation of the engines at optimum performance by
maintaining operating parameters within ranges established during
tuning and performance testing events, which will reduce NO_X
emissions. Prior to the tuning events, Washington Gas Company shall
develop a tuning plan, which describes the activity to be involved in
the tuning event. The plan shall provide the rationale for optimizing
specific parameters and their significance in reducing NO_X.
The plan shall be submitted to VADEQ at least 30 days prior to the
performance test. NO_X emissions from the compressor engines,
boilers and Caterpillar generator shall be controlled by proper
operation and maintenance. Operators shall be trained in the proper
operation of all such equipment. Washington Gas Company shall maintain
records of the required training including a statement of time, place
and nature of training provided. The gas company shall have available
good written operating procedures and a maintenance schedule. These
procedures shall be based on the manufacturer's recommendations, at
minimum. All records required by this condition shall be kept on site
and made available for inspection by VADEQ.

Emissions Limitations

A NO_X emission limit for each compressor engine will be
established based on the results of the performance tests. The emission
limits based on the performance test required, each compressor engine
shall be operated and maintained in accordance with the manufacturers'
specifications and, to the extent practicable, in manner consistent
with good air pollution control practices for minimizing emissions.
NO_X emissions from each boiler shall not exceed 0.20 lbs/
MMBtu. NO_X emissions from the Caterpillar generator shall
not exceed 1.5 g/bhp-hr.

Testing

The gas company shall conduct two sets of performance tests to
measure NO_X emissions in the exhaust stack of one of each
model of compressor engine. The first set of tests, to be conducted
prior to the tuning event, shall be for the purpose of establishing a
baseline NO_X emission rate for each unit tested. The second
set of tests, to be conducted following the tuning event, shall be used
to evaluate the effectiveness of the tuning event and to correlate
specific engine operating parameters to emissions. The gas company
shall submit an original and one copy of a test protocol at least 30
days prior to testing. Copies of the test results shall be submitted to
VADEQ within 45 days after test completion. The gas company shall also
prepare a report, which provides the parametric data collected, the
correlation to NO_X emissions, and the selection of
appropriate operating ranges to each operating parameter. The report
shall be submitted to VADEQ along with the test report. The gas company
shall perform tests to measure NO_X emissions in the exhaust
stack of two of four boilers to demonstrate compliance with the
emission limit. The gas company shall submit a copy of the test
protocol at least 30 days prior to testing. The test results shall be
submitted to VADEQ within 45 days after test completion and shall
conform to the test report format.

On Site Records

The gas company shall maintain records of emission data and
operating parameters as necessary to demonstrate compliance with this
permit. These records shall include, but are not limited to the
following:
a. The tuning plan.
b. The report detailing results of the tuning event, the parametric
data collected, the correlation of operating parameters to emissions,
and the selection of operating ranges of the parameters.
c. The performance test reports for the compressor engines,
including the results of both pre- and post-tuning.
d. The performance test report for the boilers.
e. Records of compressor engine, boiler and Caterpillar generator
operator training, maintenance schedules and record of maintenance
performed.
These records shall be available for inspection by VADEQ and shall
be current for the most recent five years.

III. EPA's Evaluation of the SIP Revisions

EPA is approving this SIP submittal because the Commonwealth
established and imposed requirements in accordance with the criteria
set forth in SIP-approved regulations for imposing RACT. The
Commonwealth has also imposed record-keeping, monitoring, and testing
requirements on these sources sufficient to determine compliance with
these requirements.

IV. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information (1) that are generated or developed
before the commencement of a voluntary environmental assessment; (2)
that are prepared independently of the assessment process; (3) that
demonstrate a clear, imminent and substantial danger to the public
health or

[[Page 59814]]

environment; or (4) that are required by law.
On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts * * *.'' The opinion
concludes that ``[r]egarding Sec. 10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
Virginia's Immunity law, Va. Code sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
State agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only State enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the Clean Air Act, including, for example, sections 113, 167, 205, 211
or 213, to enforce the requirements or prohibitions of the State plan,
independently of any State enforcement effort. In addition, citizen
enforcement under section 304 of the Clean Air Act is likewise
unaffected by this, or any, State audit privilege or immunity law.

V. Final Action

EPA is approving revisions to the Commonwealth of Virginia's SIP
which establish and require NO_X RACT for Washington Gas
Company, Ravensworth Station, located in Fairfax County, Virginia. EPA
is publishing this rule without prior proposal because the Agency views
this as a noncontroversial amendment and anticipates 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 December 6, 2004 without further notice
unless EPA receives adverse comment by November 5, 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 second comment
period on this action. Any parties interested in commenting must do so
at this time.

VI. 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 (Pub. L. 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 (59 FR 22951, 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

[[Page 59815]]

regarding today's action under section 801 because this is a rule of
particular applicability establishing source-specific requirements for
Washington Gas Company, Ravensworth Station, located in Fairfax County,
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 December 6, 2004. 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, pertaining to the NO_X RACT for
Washington Gas Company, Ravensworth Station, located in Fairfax County,
Virginia, 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, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.

Dated: September 28, 2004.
Thomas Voltaggio,
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 VV--Virginia

? 2. Section 52.2420, the table in paragraph (d) is amended by adding
entries for ``Washington Gas Company, Ravensworth Station'' at the end
of the table to read as follows:

Sec. 52.2420 Identification of plan.

* * * * *
(d) * * *

EPA-Approved Virginia Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
Permit/order or
Source name registration State EPA approval date 40 CFR part 52
number effective date citation
----------------------------------------------------------------------------------------------------------------

* * * * * * *
.................. .............. [Insert Federal ......................
Register page
number where the
document begins].
Washington Gas Company, Registration No. 04/16/04 10/06/04........... 52.2420(d)(6).
Ravensworth Station. 72277. 08/11/04
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[FR Doc. 04-22360 Filed 10-5-04; 8:45 am]
BILLING CODE 6560-50-P

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Approval and Promulgation of Air Quality Implementation Plans; Virginia; NOX RACT Determinations for Washington Gas Company

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