UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

1650 Arch Street

Philadelphia, Pennsylvania 19103-2029



DATE:

	July 24, 2008



SUBJECT:

	Technical Support Document for the Stafford County, Virginia Reasonably
Available Control Technology Under the 8-hour Ozone National Ambient Air
Quality Standard	 	 

 FROM:

	Gregory Becoat, Environmental Scientist  /s/

Air Quality Planning Branch (3AP21)

TO:

REVIEWED BY:	SIP Docket File

               /s/                        

Cristina Fernandez, Branch Chief

Air Quality Planning Branch (3AP21)



I.	Affected Regulation

The revision to the Commonwealth of Virginia State Implementation Plan
(SIP), submitted on April 21, 2008, applies to the demonstration that
Stafford County, which is part of the Fredericksburg 8-hour maintenance
area, meets the requirements of Reasonably Available Control Technology
(RACT) set forth by the federal Clean Air Act (CAA).  This determination
is necessary because section 184 of the CAA requires that areas within
the Ozone Transport Region (OTR) perform certain moderate nonattainment
requirements, regardless of the ozone designation or classification of
the particular area.

II.	 Background



Ozone is formed in the atmosphere by photochemical reactions between
volatile organic compounds (VOC), oxides of nitrogen (NOx) and carbon
monoxide (CO) in the presence of sunlight.  In order to reduce ozone
concentrations in the ambient air, the CAA requires all nonattainment
areas to apply control on VOC/NOx emission sources to achieve emission
reductions.  Among effective control measures, RACT controls are a major
group for reducing VOC and NOx emissions from stationary sources.

The counties of Fairfax, Loudoun, Prince William, and Arlington, as well
as the cities of Fairfax, Alexandria, Manassas, Manassas Park, and Falls
Church (Northern Virginia Area), along with Stafford County, Virginia,
Washington, D.C., and portions of southern Maryland, are part of the
OTR.  The OTR is established by section 184 of the CAA.  Areas under the
OTR are subject to OTR-specific RACT requirements.  Under the 1-hour
ozone NAAQS, these jurisdictions, including Stafford County, Virginia,
Washington, D.C., and portions of southern Maryland were originally
classified as part of the Metropolitan Washington serious 1-hour ozone
nonattainment area located in OTR (56 FR 56694 at 56844, November 6,
1991).  As part of the planning process, section 182(b)(2) of the CAA
required the Commonwealth of Virginia to implement RACT on all sources
and source categories covered by a CTG issued by EPA.  Point sources
with the potential to emit 50 tons per year or more of VOCs or 100 tons
per year or more of NOx that were not covered by a CTG were also
required to implement RACT.  As a result of failure to meet the
attainment date of November 15, 1999, the Metropolitan Washington area
was reclassified as a severe nonattainment area for the 1-hour standard
(68 FR 3410 at 3425, January 24, 2003).  As a result of the
reclassification, the Commonwealth of Virginia was required to perform
RACT evaluations on point sources with the potential to emit 25 tons per
year for either VOC (62 FR 11334, March 12, 1997) or NOx (69 FR 48150,
August 9, 2004).

On July 18, 1997, EPA promulgated the new 8-hour NAAQS for ozone (62 FR
38856, July 18, 1997).  Under the 8-hour ozone NAAQS, the Metropolitan
Washington Area, with the exception of Stafford County, was designated
nonattainment for the 8-hour ozone standard and classified as a moderate
nonattainment area.  Stafford County was included as part of the
Fredericksburg area, and was designated as a moderate nonattainment area
for the 8-hour ozone NAAQS (69 FR 23858, April 30, 2004).  On May 2,
2005 and May 4, 2005, the Commonwealth of Virginia submitted a
redesignation request and maintenance plan for the Fredericksburg area,
respectively.  EPA issued a final rule approving Virginia’s
redesignation request and maintenance plan for the Fredericksburg area
on December 23, 2005 (70 FR 76165, December 23, 2005).  Consequently,
Stafford County is currently a maintenance area for the 8-hour ozone
NAAQS.

On October 23, 2006, the Commonwealth of Virginia submitted a SIP
revision for the Northern Virginia Area in order to recertify RACT as
part of the 8-hour ozone NAAQS planning process for the Metropolitan
Washington Area.  Stafford County was not included in the submittal due
to the fact that is now part of the Fredericksburg maintenance area. 
However, the requirements of section 184 of the CAA must still be
satisfied.  The first requirement, contained in section 184(b)(1)(B),
requires the implementation of RACT with respect to all sources of VOC
covered by a CTG.  The second requirement, set forth in section
184(b)(2), requires the implementation of major stationary source
requirements as if the area were a moderate nonattainment area on any
stationary source with a potential to emit of at least 50 tons per year
of VOC or 100 tons per year of NOx.

Since Stafford County is part of the OTR, the Commonwealth of Virginia
submitted this SIP revision to demonstrate that all requirements for
RACT are met, either through certification hat previously required RACT
controls represent RACT for 8-hour implementation purposes, through new
RACT determinations, or by demonstrating that no facilities exist in
Stafford County that are applicable to CTG categories.

Since the 1970's, EPA has consistently interpreted RACT to mean the
lowest emission limit that a particular source is capable of meeting by
the application of the control technology that is reasonably available
considering technological and economic feasibility.  See, e.g., 72 FR
20586 at 20610 (April 25, 2007).   Section 182 of the CAA sets forth two
separate RACT requirements for ozone nonattainment area.  The first
requirement, contained in section 182(a)(2)(A) of the CAA, and referred
to as RACT fix-up, requires the correction of RACT rules for which the
EPA identified deficiencies before the CAA was amended in 1990. The
second requirement, set forth in section 182(b)(2) of the CAA, requires
that moderate (or worse) ozone nonattainment areas, as well as marginal
and attainment areas the OTR established pursuant to section 184 of the
CAA, implement RACT controls on all major VOC and NOx emission sources
and on all sources and source categories covered by a CTG issued by EPA.

The first RACT requirement for ozone nonattainment areas, contained in
section 182(a)(2)(A) of the CAA, required the Commonwealth of Virginia
to submit a SIP revision correcting RACT rules prior to the CAA
amendment in 1990.  On May 10, 1991, the Virginia Department of Air
Pollution Control (VADAPC) submitted a SIP revision consisting of
revised VOC emission regulations applicable in the Commonwealth of
Virginia.  EPA proposed to approve the revisions to the Commonwealth of
Virginia’s SIP as meeting the RACT fix-up requirements of the amended
CAA.  These revisions included amendments to Virginia’s Regulations
for Control and Abatement of Air Pollution, specifically revisions to
parts I, II, IV, V, VII and appendices K, L, N, P, R, and S (58 FR
34392, June 25, 1993).  On March 31, 1994, EPA published a final
rulemaking notice approving the Commonwealth of Virginia’s SIP
revision in order to correct the Commonwealth’s VOC RACT regulations
and establish and require the implementation for revised SIP regulations
to control VOCs (59 FR 15117, March 31, 1994).  

The second RACT requirement for ozone nonattainment areas, set forth in
section 182(b)(2) of the CAA, requires the Commonwealth of Virginia to
implement RACT for each category of VOC sources covered by a CTG
document issued between the date of the 1990 Amendments and the date of
attainment, for VOC sources covered by any CTG issued before the 1990
Amendments, and for all other major stationary sources of VOCs.  On
November 6, 1992, the Virginia Department of Environmental Quality
(VADEQ) submitted a revision to its ozone SIP (Article 4 of 9 VAC 5
Chapter 40) to comply with the RACT “Catch-up” provisions of the
CAA, which included the Metropolitan Washington, DC and Richmond
nonattainment areas.  EPA published a direct final to approve the
revisions to the Commonwealth of Virginia’s SIP as meeting the RACT
“Catch-up” provisions of the CAA.  Concurrently, a notice of
proposed rulemaking (NPR) was published in the Federal Register on
September 27, 1995, pertaining to the same amendments to Virginia’s
VOC RACT requirements, in the event that adverse comments were submitted
to EPA within 30 days of publication of the final rule (60 FR 49813,
September 27, 1995).

Since the Metropolitan Washington, DC nonattainment area was previously
required to adopt RACT for all CTG sources, to meet the RACT
“Catch-up” requirement, Virginia was not required to submit
additional CTG RACT rules for the area.  However, since the major source
definition for serious areas was lowered under the amended CAA, Virginia
was required to adopt RACT rules for all sources that exceeded the
cut-off in the Virginia portion of the Washington, DC nonattainment
area.  To fully comply with the RACT “Catch-up” provisions of the
CAA, the Commonwealth of Virginia was required to adopt RACT regulations
to the areas which were added to the Virginia portion of the
pre-enactment Metropolitan Washington, DC nonattainment area.  The
revision consisted of amendments to Virginia’s major source VOC RACT
regulation to: (1) require RACT for all sources emitting 50 tons per
year or greater of VOC in the Virginia portion of the Washington, DC
nonattainment area and; (2) add a compliance date of May 31, 1995 for
major VOC sources in the Virginia portion of the Washington, DC
nonattainment area to comply with RACT emissions standards (60 FR 49767,
September 27, 1995).

As a result of one adverse comment, during the prescribed comment
period, the final rule converted to a proposal, and on December 8, 1995
(60 FR 62990), EPA withdrew its otherwise effective date.  However, on
March 12, 1997, EPA published a final rulemaking notice approving the
Commonwealth of Virginia’s SIP revision, since EPA disagreed with the
commenter’s remarks (62 FR 11332, March 12, 1997).

EPA requires under the 8-hour ozone NAAQS that states meet the CAA RACT
requirements, either through a certification that previously adopted
RACT controls in their SIP revisions approved by EPA under the 1-hour
ozone NAAQS represent adequate RACT control levels for 8-hour attainment
purposes, through the adoption of new or more stringent regulations that
represent RACT control levels, or by submitting a negative declaration
that there are no CTG major sources of VOC and NOx emissions within
Virginia.  A certification must be accompanied by appropriate supporting
information such as consideration of information received during the
public comment period and consideration of new data.  This information
may supplement existing RACT guidance documents that were developed for
the 1-hour standard, such that the SIP accurately reflects RACT for the
8-hour ozone standard based on the current availability for technically
and economically feasible controls.  Adoption of new RACT regulations
will occur when states have new stationary sources not covered by
existing RACT regulations, or when new data or technical information
indicates that a previously adopted RACT measure does not represent a
newly available RACT control level.  

VOC RACT Controls

Virginia’s Regulations and Statues, under 9 VAC 5 Chapter 40, contain
the Commonwealth’s VOC RACT controls that were implemented and
approved in the Virginia SIP under the 1-hour ozone NAAQS. 

Table 1 lists Virginia’s VOC RACT controls.

Table 1	Virginia’s VOC RACT Controls

Regulation

9 VAC 5-40-	Existing Stationary Sources

	Title of Regulation	State Effective Date	Federal Register Date	Citation

460	Emission Standards for Synthesized Pharmaceutical Products
Manufacturing Operations	02/01/02	03/03/06	71 FR 10838

610	Emission Standards for Rubber Tire Manufacturing Operations	04/17/95
04/21/00	65 FR 21315

1400	Emission Standards for Petroleum Refinery Operations	04/17/95
04/21/00	65 FR 21315

3290	Emission Standards for Solvent Metal Cleaning Operations Using
Non-Halogenated Solvents	04/01/97	11/03/99	64 FR 59635

3590	Emission Standards for Large Appliance Coating Application Systems
04/17/95	04/21/00	65 FR 21315

3740	Emission Standards for Magnet Wire Coating Application Systems
04/17/95	04/21/00	65 FR 21315

3890	Emission Standards for Automobile and Light Duty Truck Coating
Application Systems	04/17/95	04/21/00	65 FR 21315

4040	Emission Standards for Can Coating Application Systems	04/17/95
04/21/00	65 FR 21315

4190	Emission Standards for Metal Coil Coating Application Systems
04/17/95	04/21/00	65 FR 21315

4340	Emission Standards for Paper and Fabric Coating Application Systems
04/17/95	04/21/00	65 FR 21315

4490	Emission Standards for Vinyl Coating Application Systems	04/17/95
04/21/00	65 FR 21315

4640	Emission Standards for Metal Furniture Coating Application Systems
04/17/95	04/21/00	65 FR 21315

4790	Emission Standards for Miscellaneous Metal Parts and Products
Coating Application Systems	04/17/95	04/21/00	65 FR 21315

4940	Emission Standards for Flatwood Paneling Coating Application
Systems	04/17/95	04/21/00	65 FR 21315

5080	Flexographic, Packaging Rotogravure, and Publication Rotogravure
Printing Lines	04/01/96	03/12/97	62 FR 11334

5230	Emission Standards for Petroleum Liquid Storage and Transfer
Operations – Stage I Vapor Control Systems – Gasoline Service
Stations	02/01/02	03/03/06	71 FR 10838

5230	Emission Standards for Petroleum Liquid Storage and Transfer
Operations – Tank Truck Gasoline Loading Terminals	02/01/02	03/03/06
71 FR 10838

5230	Emission Standards for Petroleum Liquid Storage and Transfer
Operations – Bulk Gasoline Plants	02/01/02	03/03/06	71 FR 10838

5230	Emission Standards for Petroleum Liquid Storage and Transfer
Operations – Petroleum Liquids in Fixed Roof Tanks	02/01/02	03/03/06
71 FR 10838

5230	Emission Standards for Petroleum Liquid Storage and Transfer
Operations – Petroleum Liquid Storage in External Floating Roof Tanks
02/01/02	03/03/06	71 FR 10838

5230	Emission Standards for Petroleum Liquid Storage and Transfer
Operations – Gasoline Tank Trucks and Vapor Collection Systems
02/01/02	03/03/06	71 FR 10838

5510	Emission Standards for Asphalt Paving Operations	03/24/04	04/27/05
70 FR 21625

6840	Emission Standards for Solvent Metal Cleaning Operations in the
Northern Virginia Volatile Organic Compound Emissions Control Area
03/24/04	06/09/04	69 FR 32277

6840	Emission Standards for Solvent Metal Cleaning Operations in the
Northern Virginia Volatile Organic Compound Emissions Control Area –
Available Control Technique (ACT) Document	03/24/04	06/09/04	69 FR 32277

3440	Emission Standards for Volatile Organic Compound Transfer and
Storage Operations - ACT	04/17/95	04/21/00	65 FR 21315

6840	Emission Standards for Solvent Metal Cleaning Operations in the
Northern Virginia Volatile Organic Compound Emissions Control Area –
ACT Document – Industrial Cleaning Solvents	03/24/04	06/09/04	69 FR
32277

6990	Emission Standards for Mobile Equipment Repair and Refinishing
Operations in the Northern Virginia Volatile Organic Compound Emission
control Area – ACT 	03/24/04	06/24/04	69 FR 35253



Although ACTs are not regulatory documents and have no legal effect on
state regulations, EPA requires that states verify that ACTs have been
considered in the RACT program development process.  Therefore, VADEQ
included ACTs in their review of applicable RACT requirements in this
submittal.

VADEQ also submitted a negative declaration that the following VOC CTG
major sources do not exist in Stafford County.  The determination was
made after review of the existing registration database for the counties
comprising the 8-hour ozone nonattainment area in Stafford County.

Table 2 lists Virginia’s negative declaration for VOC CTG major
sources.

Table 2 – Documents for which no Applicable Facilities Exist in
Stafford County



Document Title

Control of Volatile Organic Compound Leaks from Petroleum Refinery
Equipment

Control of Volatile Organic Compound Emissions form Large Petroleum Dry
Cleaners

Control of Volatile Organic Compound Emissions from Manufacture of High
Density Polyethylene, Polypropylene, and Polystyrene Resins

Control of Volatile Organic Compound Equipment Leaks form Natural
Gas/Gasoline Processing Plants 

Control of Volatile Organic Compound fugitive Emission from Synthetic
Organic Chemical Polymer and Resin Manufacturing Equipment 

Control of Volatile Organic Compound Emissions from Air Oxidation
Processes in Synthetic Organic Chemical Manufacturing Industry

SOCMI Distillation and Reactor Processes CTG

Wood Furniture (CTG-MACT) draft Maximum Achievable Control Technology
(MACT) out 5-94; final CTG

Shipbuilding/repair Available Control Technique (ACT) and CTG 

Aerospace (CTG & MACT)

Control Techniques for Organic Emissions from Plywood Veneer Dryers -
ACT

Ethylene Oxide Sterilization - ACT

Organic Waste Process Vents - ACT

Polystyrene Foam Manufacturing - ACT

Bakery Ovens - ACT

Control Techniques for VOC Emissions from Stationary Sources - ACT

Industrial Wastewater – ACT

Control of VOC Emissions from the Application of Agricultural Pesticides
– ACT

Control of VOC Compound Emission from Batch Processes – ACT

Business machine Plastic Parts coating/Automobile Plastic Parts Coating
– ACT

NOx Emissions from Nitric and Adipic Acid Manufacturing Plants - ACT

NOx Emissions from Cement Manufacturing

NOx Emissions from Industrial, Commercial and Institutional Boilers

NOx Emissions from Glass Manufacturing

NOx Emissions from Iron and Steel



NOx RACT Controls

The Commonwealth of Virginia must recertify Stafford County’s previous
source specific RACT determinations made under the 1-hour ozone
nonattainment area’s attainment plan as meeting RACT for the
requirements of section 184.  This process must be done for all
facilities that do not have an applicable CTG and whose potential to
emit is at least 50 tons/year of VOC or at least 100 tons/year of NOx. 
The recertification process does not apply to facilities with no
applicable CTG and with the potential to emit between 25 tons/year and
50 tons/year of VOC, as well as facilities with no applicable CTG or ACT
and with the potential to emit between 23 tons/year and 100 tons/year of
NOx.  These facilities were considered to be major for RACT purposes
under the 1-hour ozone nonattainment area’s classification of severe;
however, they are not considered to be major for RACT purposes under the
requirements of the OTR in section 184.  Therefore, no RACT
determination under the OTR requirements is necessary for these
facilities.

Stafford County has one facility that is considered a major stationary
source for either VOC or NOx, Cellofoam (registration number 40696 and
county-plant number 179-0029).  Prior to the current RACT agreement, the
facility had a potential to emit of approximately 137 tons/year of VOC
(NOx emission from the facility are negligible).  Cellofoam has a
federally enforceable limit of 98.4 tons/year on the potential to emit
of VOC, based on the most recent Title V permit.  This limitation is
supported by the document entitled, “Control of VOC Emissions form
Polystyrene Foam Manufacturing,” EPA-450/3-90-020, September, 1990). 
Further controls were not deemed feasible and the RACT determination was
approved by the EPA (66 FR 8, January 2, 2001).  Because actual VOC
emissions from Cellofoam are significantly below the facility’s
federally enforceable limit, further controls would not be feasible and
the Cellofoam existing source specific new RACT determination is
appropriate and therefore the existing RACT controls can be recertified.

	

Area Source VOC Regulations

        In addition to the CTG and source specific RACTs, Stafford
County implemented limitations on VOC emissions from various area
sources, including consumer products, portable fuel containers, and
architectural and industrial maintenance coatings, in order to generate
further VOC reductions within the 1-hour ozone nonattainment area with
the goal of attainment of the 1-hour ozone standard.

III.       Evaluation

Virginia’s SIP revision contains the requirements of RACT set forth by
the CAA under the 8-hour ozone NAAQS.  Virginia’s SIP revision for
Stafford County satisfies the 8-hour RACT requirements through (1)
certification that previously adopted RACT controls in Virginia’s SIP
that were approved by EPA under the 1-hour ozone NAAQS are based on the
currently available technically and economically feasible controls, and
that they continue to represent RACT for the 8-hour implementation
purposes; (2) a negative declaration demonstrating that no facilities
exist in Stafford County for the applicable CTG categories; and (3) new
RACT determinations.  Therefore, approval of the Stafford County’s
8-hour RACT SIP is recommended.

IV.       Conclusion

This SIP revision request satisfies all requirements for an acceptable
SIP revision.

V.	    Recommended Agency Action

The SIP revision request should be approved. 

	

