	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2008-0472; FRL-        ] 

Approval and Promulgation of Air Quality Implementation Plans; Virginia;


Stafford County Reasonably Available Control Technology Under the 8-Hour
Ozone National Ambient Air Quality Standard

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Proposed rule.

SUMMARY:  EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Virginia.  This SIP revision
pertains to the requirements in meeting the reasonably available control
technology (RACT) under the 8-hour ozone national ambient air quality
standard (NAAQS).  These requirements are based on (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 control technology guideline (CTG) categories;
and (3) new RACT determinations.  This action is being taken under the
Clean Air Act (CAA).

DATES:  Written comments must be received on or before [insert date 30
days from date of publication].

ADDRESSES:  Submit your comments, identified by Docket ID Number
EPA-R03-OAR-

2008-0472 by one of the following methods:

A.    www.regulations.gov.  Follow the on-line instructions for
submitting comments.

B.    E-mail:    HYPERLINK "mailto:fernandez.cristina@epa.gov" 
fernandez.cristina@epa.gov .

C.    Mail:  EPA-R03-OAR-2008-0472, Cristina Fernandez, 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.
EPA-R03-OAR-2008-0472.  EPA's policy is that all comments received will
be included in the public docket without change, and 

may be made available online at www.regulations.gov, 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
www.regulations.gov or e-mail.  The www.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  www.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.

Docket:  All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute.  Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form.  Publicly available docket
materials are available either electronically in www.regulations.gov or 

in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103.  Copies of the State submittal
are available at the Virginia Department of Environmental Quality, 629
East Main Street, Richmond, Virginia, 23219.

FOR FURTHER INFORMATION CONTACT:  Gregory Becoat, (215) 814-2036, or by
e-mail at becoat.gregory@epa.gov.

SUPPLEMENTARY INFORMATION:  On April 21, 2008, the Virginia Department
of Environmental Quality (VADEQ) submitted a revision to its SIP that
addresses Stafford County’s requirements of RACT under the 8-hour
ozone NAAQS set forth by the CAA. 

I.  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.

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 areas.  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 EPA
identified deficiencies before the CAA was amended in 1990.  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 requirement, set forth in section 182(b)(2) of the CAA,
applies to moderate (or worse) ozone nonattainment areas as well as to
marginal and attainment areas in ozone transport region (OTR)
established pursuant to section 184 of the CAA, and requires these areas
to implement RACT controls on all major VOC and NOx emission sources and
on all sources and source categories covered by a control technique
guideline (CTG) issued by EPA.  On March 12, 1997, EPA published a final
rulemaking notice approving the Commonwealth of Virginia’s SIP
revision as meeting the CTG RACT provisions of the CAA (62 FR 11332,
March 12, 1997).  Further details of Virginia’s RACT requirements can
be found in a Technical Support Document (TSD) prepared for this
rulemaking.

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.  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).  

Although Stafford County is part of the Fredericksburg maintenance area,
the requirements of section 184 of the CAA must still be satisfied
because Stafford County is also part of the OTR. Section 184(b)(1)(B) of
the CAA, requires the implementation of RACT with respect to all sources
of VOC covered by a CTG.  Additionally, section 184(b)(2) of the CAA,
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.  Virginia is therefore required to submit to EPA a SIP
revision that demonstrates how Stafford County meets the RACT
requirements under the 8-hour ozone standard.                           
                          

 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, or through the adoption of new or more stringent regulations
that represent RACT control levels.  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
State’s SIP accurately reflects RACTs for the 8-hour ozone standard
based on the current availability of 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.  Another 8-hour ozone NAAQS requirement for RACT is
to submit a negative declaration that there are no CTG major sources of
VOC and NOx emissions within Virginia.                                  
                                                                        
                                                                        
                   

II.  Summary of SIP Revision

Virginia’s SIP revision for Stafford County contains the requirements
of RACT set forth by the CAA under the 8-hour ozone NAAQS.  Virginia’s
SIP revision 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.

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



Virginia also submitted a negative declaration certifying that the
following VOC CTG or non-CTG major sources do not exist 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 

Shipbuilding/repair 

Aerospace 



NOx RACT Controls

The only facility in Stafford County considered to be a major stationary
source for either VOC or NOx is Cellofoam.  Because actual VOC emissions
from Cellofoam are significantly below the facility’s federally
enforceable limit, the Cellofoam source specific new RACT determination
is appropriate, and therefore, the existing RACT controls can be
recertified.  Further details can be found in a TSD prepared for this
rulemaking.    

III.  Proposed Action

EPA is proposing to approve the Virginia SIP revision for Stafford
County that addresses the requirements of RACT under the 8-hour ozone
NAAQS, which was submitted on April 21, 2008.  This SIP revision is
based on a combination of (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.  EPA is
soliciting public comments on the issues discussed in this document. 
These comments will be considered before taking final action. 

IV.  Statutory and Executive Order Reviews 

Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations.  42 U.S.C. 7410(k); 40 CFR 52.02(a).  Thus, in
reviewing SIP submissions, EPA’s role is to approve state choices,
provided that they meet the criteria of the Clean Air Act.  Accordingly,
this action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law.  For that reason, this proposed action:

is not a "significant regulatory action” subject to review by the
Office of Management and Budget under Executive Order 12866 (58 FR
51735, October 4, 1993);  

does not impose an information collection burden under the provisions of
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

is certified as not having a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.);  

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);

does not have Federalism implications as specified in Executive Order
13132 (64 FR 43255, August 10, 1999);

is not an economically significant regulatory action based on health or
safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
1997); 

is not a significant regulatory action subject to Executive Order 13211
(66 FR 28355, May 22, 2001); 

is not subject to requirements of Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note)
because application of those requirements would be inconsistent with the
CAA; and 

does not provide EPA with the discretionary authority to address, as
appropriate, disproportionate human health or environmental effects,
using practicable and legally permissible methods, under Executive Order
12898 (59 FR 7629, February 16, 1994).

In addition, this proposed rule, pertaining to the Stafford County, VA
RACT under the 8-hour ozone NAAQS, does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52  

Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds. 



Authority: 42 U.S.C. 7401 et seq.

          7/25/08                                                       
                   /s/              

_________________                                                 
____________________________

Dated:                             		   		Donald S. Welsh,	

                                                                 	
Regional Administrator,

                                                                 	
Region III.

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