[Federal Register: September 9, 2004 (Volume 69, Number 174)]
[Rules and Regulations]
[Page 54578-54581]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se04-8]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[VA156-5082a; FRL-7809-7]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; NOX RACT Determinations for Prince William County
Landfill
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) determination, contained
in an operating permit for the control of nitrogen oxides
(NOX) from Prince William County Landfill, Registration No.
72340, located in Prince William County, Virginia. EPA is approving
[[Page 54579]]
these revisions in accordance with the requirements of the Clean Air
Act.
DATES: This rule is effective on November 8, 2004, without further
notice, unless EPA receives adverse written comment by October 12,
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 VA156-5082 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. VA156-5082.
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:
I. Background
On April 23, 2004, the Commonwealth of Virginia submitted a formal
revision to its State Implementation Plan (SIP). The SIP revision
consists of a RACT determination, contained in a permit to operate, for
the control of NOX from Prince William County Landfill,
Registration No. 72340, located in Prince William County, Virginia.
II. Summary of SIP Revision
Prince William County Landfill, Registration No. 72340
Prince William County Landfill, located in Prince William County,
Virginia operates a municipal solid waste landfill. The Virginia
Department of Environmental Quality (VADEQ) submitted a permit to
operate for the landfill. This permit implements RACT requirements for
the following: (a) Two (2) Caterpillar Model 3516 Inter-cooled Turbo-
Charged Lean Burn Engines with Air-to-Fuel Controllers, each rated at
1340 BHp and (b) One (1) LFG Specialties Model EF8.545I10 Enclosed
Flare rated at 2000 scfm. The landfill equipment shall be constructed
so as to allow for emissions testing upon reasonable notice at any
time, using appropriate methods. Test ports shall be provided when
requested in accordance with the applicable performance specification
in 40 CFR part 60, Appendix A.
Emission Controls
Emissions of NOX from the two Caterpillar engines shall
be controlled through the use of spark-ignited, inter-cooled, turbo-
charged lean burn internal combustion engines with automatic air to
fuel ratio control. Emissions of NOX from the LFG
Specialties enclosed flare shall be controlled by maintaining a
retention time of at least 0.6 seconds, a minimum temperature of 1400
[deg]F, auto combustion air control, automatic shutoff gas valve, and
automatic re-start system. All control devices shall be provided with
adequate access for inspection and shall be in operation when the
engines and flare are operating.
Monitoring Devices
The Caterpillar engines shall be equipped with a device to
continuously measure and record the temperature in the exhaust
manifold. The enclosed flare shall be equipped with a device to
continuously measure and record the combustion temperature in the
flare. Each monitoring device shall be installed, maintained,
calibrated and operated in accordance with approved procedures which
shall include, as a minimum, the manufacturer's written requirements or
recommendations. Each monitoring device shall be provided with adequate
access for inspection and shall be in operation when the engines and/or
the enclosed flare are operating.
Emission Limits
NOX emissions from the operation of each of the two
Caterpillar engines shall not exceed 1.2 g/Bhp-hr. NOX
emissions from the operation of the LFG Specialties enclosed flare
shall not exceed 0.06 lb/MMBtu.
Compliance Demonstration
Initial performance tests shall be conducted for NOX on
each of the Caterpillar engines and the enclosed flare to determine
compliance with the emission limits. The facility shall demonstrate
compliance by November 1, 2005. Tests shall be conducted and reported
and data reduced as set forth in 9 VAC 5-50-30, and the test methods
and procedures contained in each applicable section or subpart listed
in 9 VAC 5-50-410.
On Site Records
The landfill shall maintain records of emission data and operating
parameters as necessary to demonstrate compliance with this permit.
These records shall include, but not limited to: (a) The total amount
of NO2, emitted from the facility, calculated monthly as the
sum of each consecutive 12 month period, (b) annual throughput of
landfill gas to the engines and the flare, calculated monthly as the
sum of each consecutive 12 month period, (c) monthly hours of operation
and maintenance performed upon each of the engines and the flare, (d)
the manufacturer's documentation for the operation, maintenance and
specifications as required. These records shall be available for
inspection by VADEQ and shall be current for the most recent 5 years.
[[Page 54580]]
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 recordkeeping, 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 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 NOX RACT for Prince William
County Landfill. 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 November 8,
2004, without further notice unless EPA receives adverse comment by
October 12, 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 (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
[[Page 54581]]
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 Prince William County Landfill located in
Prince William 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 November 8, 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 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.
Dated: August 26, 2004.
Richard J. Kampf,
Acting Regional Administrator, Region III.
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40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart VV--Virginia
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2. Section 52.2420, the table in paragraph (d) is amended by adding the
entry for Prince William County Landfill at the end of the table to
read as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Virginia Source-Specific Requirements
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State
Source name Permit/order or effective EPA approval date 40 CFR part 52
registration number date citation
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* * * * * * *
Prince William County Landfill... Registration No. 04/16/04 [Insert Federal 52.2420(d).
72340. Register page
number where the
document begins],
09/09/04.
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[FR Doc. 04-20130 Filed 9-8-04; 8:45 am]
BILLING CODE 6560-50-P