The article “Regional Reports: Region 3” by Gale Lea Rubrecht first appeared in the Air Quality Committee Newsletter, Vol. 9, No. 2, May 2006, Section
of Environment, Energy, and Resources, American Bar Association. © Copyright 2006. American Bar Association. All rights reserved.
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REGIONAL REPORTS:
Region 3
EPA Region 3 is in the process of reviewing Title V
Permit Programs in the six states and two local
agencies within Region 3. EPA has completed reviews
and issued final reports for all of the Region 3 states
except Virginia. EPA is committed to completing its
review of Virginia’s Title V Permit Program by
December 2006.
Gale Lea Rubrecht
Jackson Kelly PLLC
Charleston, WV
galelea@jacksonkelly.com
I.
Title V Developments
In EPA Region 3, permits have been issued to
94 percent of the 1,586 sources to receive Title V
permits. The Title V permit issuance statistics by state
in EPA Region 3 as of Dec. 31, 2005 are as follows:
Delaware, 96 percent; District of Columbia,
100 percent; Maryland, 84 percent; Pennsylvania,
96 percent; Virginia 97 percent; and West Virginia
87 percent.
Title V has not been a highly visible or hot area in
Region 3. All of the Region 3 states and the District of
Columbia have been granted either final full approval
or final interim approval of their Title V operating
permits programs. EPA proposed full approval of
Pennsylvania’s Title V operating permit program on
March 7, 1996 (61 Fed. Reg. 9125), and granted full
approval of the state’s Title V operating permit
program on July 30, 1996 (61 Fed. Reg. 39,597).
EPA has granted approval to the operating permits
program in each of the other Region 3 states and the
District of Columbia. Specifically, EPA granted final
approval of the operating programs in the other Region
3 states and the District of Columbia as follows:
EPA Region 3’s Web site for Title V operating permits
programs is: www.epa.gov/oar/oaqps/permjmp.html.
Policy and memoranda for Title V operating permits
are posted on EPA Region 3’s Web site at:
www.epa.gov/ttn/oarpg/t5pgm.html. EPA Region 3
tips for Title V permit writers are posted at:
www.epa.gov/reg3artd/permitting/title_v_tips.htm.
II. State Developments
Delaware:
66 Fed. Reg. 50,321 (Oct. 3, 2001).
A. Delaware
District of Columbia:
68 Fed. Reg. 18,548 (Apr. 16, 2003).
West Virginia:
66 Fed. Reg. 50,325 (Oct. 3, 2001).
1. NAAQS: On Sept. 16, 2005, EPA published in the
Federal Register a notice of withdrawal (70 Fed.
Reg. 54,639) of a direct final rule that was published
on July 18, 2005 (70 Fed. Reg. 41,146), approving a
Delaware State Implementation Plan (SIP) revision
pertaining to modifications to the ambient air quality
standards for ozone and fine particulate matter. EPA
withdrew the direct final rule due to adverse
comments. The withdrawal of the direct final rule was
effective Sept. 16, 2005.
For information on the status of Title V operating
permits programs in Region 3, see www.epa.gov/
reg3artd/permitting/t5status.htm.
On Nov. 1, 2005, EPA published a final rule (70 Fed.
Reg. 65,847) approving Delaware SIP revisions
consisting of modifications to the ambient air quality
Maryland:
68 Fed. Reg. 1974 (Jan. 15, 2003).
Virginia:
66 Fed. Reg. 51,581 (Oct. 10, 2001).
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standards for ozone and fine particulate matter. The
final rule took effect Dec. 1, 2005.
On Nov. 16, 2005, EPA published a final rule (70 Fed.
Reg. 69,440) approving Maryland’s attainment plan
for the Metropolitan Washington D.C. Severe 1-Hour
Ozone Nonattainment Area. EPA has determined that
Maryland now has a fully approved 1-hour ozone
attainment plan and has turned off the sanctions and
federal implementation plan clocks started based on a
finding that one element of the plan was missing and
has lifted the protective finding that was issued when
EPA disapproved Maryland’s earlier plan in part. The
final rule took effect Dec. 16, 2005.
2. Regulations: On Nov. 8, 2005, Delaware
Department of Natural Resources and Environmental
Control (DE DNREC) announced the beginning of a
rulemaking to reduce nitrogen oxide, sulfur oxide, and
mercury emissions from power plants. Requirements
for reducing ozone levels and fine particle pollution are
also expected. The announcement indicates that
DE DNREC and the Delaware Public Service
Commission are participating in the Regional
Greenhouse Gas Initiative to reduce greenhouse gas
emissions. DE DNREC’s Air Quality section will
convene a workgroup to begin drafting the proposed
regulation. The workgroup will include industry and
citizen representatives as well as technical staff. The
goal is to have a final regulation ready for adoption by
Fall 2006.
On Jan. 31, 2006, EPA published a proposed rule (71
Fed. Reg. 5033) to approve a Maryland SIP revision
pertaining to amendments to the regulations for the
control of incinerators. Comments were due by
March 2, 2006.
On Feb. 2, 2006, EPA published a final rule (71 Fed.
Reg. 5607) updating the materials submitted by
Maryland that are incorporated by reference into the
SIP. The final rule was effective Feb. 2, 2006.
B. Maryland
1. NAAQS: On Oct. 13, 2005, EPA published in the
Federal Register a proposed rule (70 Fed. Reg.
59,688) proposing to approve a Maryland SIP
revision consisting of modifications to the ambient air
quality standards for ozone and final particulate matter.
Comments were due Nov. 14, 2005.
On Feb. 6, 2006, EPA published a proposed rule (71
Fed. Reg. 6028) proposing to approve a Maryland
SIP revision pertaining to the amendment of a
regulation that controls volatile organic compound
emissions from yeast manufacturing facilities.
Comments were due on or before March 8, 2006.
On Oct. 19, 2005, EPA published a final rule (70 Fed.
Reg. 60,738) approving a Maryland SIP consisting of
regulations for the control of particulate and visible
emissions from glass melting facilities. The final rule
took effect Nov. 18, 2005.
2. Regulations: On Nov. 17, 2005, Maryland Gov.
Robert L. Ehrlich proposed the Maryland Clean
Power Rule. The proposal would: (1) impose
emission rate limits on Maryland’s six largest coal-fired
electric power plants that contribute to ozone,
particulate matter, regional haze, and acid rain
pollution; (2) reduce mercury emissions from
Maryland’s six largest coal-fired electric power plants;
and (3) require Maryland’s six largest coal-fired
electric power plants to meet state emission rate limits
by adding local pollution controls rather than buying
out-of-state emissions allowances. On Jan. 11, 2006,
the Maryland Department of the Environment released
a draft text to implement the Maryland Clean Power
Rule. The proposal called for larger and faster
reductions in NOx and mercury than those proposed
by the governor in November 2005. On March 13,
On Oct. 19, 2005, EPA published a final rule (70 Fed.
Reg. 60,740) approving a Maryland SIP pertaining to
the amendments of controlling volatile organic
compound emissions from architectural and industrial
maintenance coatings in Maryland. The final rule was
effective Nov. 18, 2005.
On Nov. 2, 2005, EPA published a final rule (70 Fed.
Reg. 66,263) approving a revision to the Maryland
SIP repealing Maryland’s Ozone Transport
Commission NOX Budget Program. The final rule took
effect Dec. 2, 2005.
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Act and alternative bill, the Healthy Air Act. On
March 10, 2006, the Senate Education, Health and
Environmental Committee approved the Healthy Air
Act by a vote of 7 to 4. The Healthy Air Act has now
moved to the Senate floor for debate.
2006, the Maryland Air Quality Control Council
approved the Clean Power Rule. The version
endorsed by the Maryland Air Quality Control Council
is essentially the same as the governor’s proposal. The
endorsed version would require Maryland’s six largest
coal-fired power plants to cut NOx by 69 percent by
2009 and 75 percent by 2012, SO2 by 80 percent by
2010 and 85 percent by 2014, and mercury by
75 percent by 2010 and 90 percent by 2013. The
NOx and SO2 reductions would be imposed by annual
emissions rate limits. The baseline for the mercury
reductions would be determined through monitoring in
2007 and 2008. The endorsed version would bar
trading to meet any of the required reductions. The
proposed Maryland Clean Power Rule goes beyond
EPA’s Clean Air Interstate Rule (CAIR) and Clean Air
Mercury Rule (CAMR).
3. Pennsylvania
1. Legislation: On Oct. 24, 2005, bills were
introduced that would eliminate Pennsylvania’s vehicle
emissions testing program (HB 2140) and remove the
Pennsylvania Environmental Quality Board’s authority
to enforce the tougher California vehicle emissions
standard (HB 2141). A third bill (HB 2142) would
reduce required vehicle safety inspections to every
other year, rather than annually and exempt cars up to
three years old from any inspections. On Oct. 25,
2005, the Pennsylvania House Transportation
Committee debated the bills. The bill removing the
Environmental Quality Board’s authority to require
more stringent emissions standards (HB2141) passed.
The bill to do away with emissions testing (HB 2140)
was tabled following a two-hour debate, and the bill on
safety inspections (HB 2142) failed in a tie vote.
HB 2141 was reported as amended from House
Transportation and placed on the House calendar.
Both Pennsylvania Department of Environmental
Protection (PA DEP) Secretary Kathleen A. McGinty
and Pennsylvania Department of Transportation
Secretary Allen Bichler testified in November against
the introduced legislation. On Nov. 17, 2005,
SB 1015, which would exempt hybrid vehicles from
the current emissions inspections requirements, was
introduced. On Dec. 12, 2005, HB 2141 was rereferred to the Environmental Resources and Energy
Committee. On Dec. 13, 2005, Sen. Mary Jo White
and Sen. Roger Madigan presented a statement on the
Clean Vehicle Emissions Standards, urging
Pennsylvania’s implementation of the federal Tier II
vehicle emissions standards instead of the California
Program. Also on Dec. 13, 2005, PA DEP Secretary
McGinty and Transportation Secretary Biehler testified
before a joint hearing of the Transportation and
Environmental Resources and Energy Committees on
Pennsylvania’s Clean Vehicles Program and in
opposition to HB 2141 and SB 1025. On Feb. 8,
2006, the House Environmental Resources and Energy
Maryland legislators have proposed legislation to
counter the governor’s Clean Power Rule. The
legislators’ proposal, called the Healthy Air Act, sets
SO2 reduction targets of 83 percent by 2010, and
90 percent by 2015. The proposal calls for a NOX
reduction of 85 percent by 2015. The target for
mercury emissions in the Healthy Air Act is a
90 percent reduction by 2010. The proposal would
also cover seven Maryland power plants instead of six
as does the governor’s proposed Clean Power Rule.
The Healthy Air Act also calls for a 10 percent
reduction in CO2 emissions from power plants by
2018. The CO2 reductions are being proposed as an
alternative if Maryland refuses to become an active
member in the Regional Greenhouse Gas Initiative,
which sets up a carbon cap-and-trade market between
seven Northeastern states and calls for a 10 percent
reduction in CO2 power plant emissions. Maryland is
currently only an observer in the Regional Greenhouse
Gas Initiative process. Like the governor’s Clean
Power Rule, the Healthy Air Act goes beyond what
EPA has proposed in CAIR and CAMR. On Feb. 7,
2006, the Economics Committee of the Maryland
House of Representatives held a hearing on the
economic impact of the proposed Healthy Air Act.
The Maryland Department of the Environment’s Air
Quality Control Advisory Council met Feb. 17, 2006,
to review comments received from industry and
environmental groups on the proposed Clean Power
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Committee held a public hearing on HB 2141. The
Senate version of the bill, SB 1025, was reported out
of committee on Jan. 25, 2006. The Senate version
requires the PA DEP and all appropriate executive
agencies to seek and obtain necessary approvals by
EPA for a change to the Commonwealth’s SIP under
the Clean Air Act (CAA). SB 1025 had its second
consideration in the Senate and was discussed in the
House Environmental Resources and Energy
Committee hearing along with HB 2141 on Feb. 8,
2006. At the public hearing before the House
Environmental Resources and Energy Committee,
PA DEP Secretary Kathleen A. McGinty, Pennsylvania
Department of Transportation Secretary Alan Biehler,
and EPA Region 3 Director of Air Protection Division,
Judith Katz, testified in opposition to HB 2141 and
SB 1025. The public comment period on the
Pennsylvania Clean Vehicles Program began Feb. 11,
2006, when the proposed rule was published in the
Pennsylvania Bulletin. Public hearings on the
proposed rule are scheduled for March 14, 20 and 28,
2006. SB 1025 is set on the Senate Calendar. One
floor amendment was adopted on Feb. 14, 2006 and
passed the Senate on Feb. 15, 2006. S.B. 1025 was
received in the House the week of Feb. 27, 2006.
technologically infeasible. Second, the PA DEP may
allocate non-tradable allowances to those that petition
the PA DEP to help them come into compliance, with a
bias toward units burning 100 percent bituminous coal.
On Feb. 23, 2006, the House Environmental
Resources and Energy Committee held an
informational meeting on mercury emissions
management, and PA DEP Secretary Kathleen A.
McGinty testified before the committee regarding the
mercury reduction proposal. On March 2, 2006,
Secretary McGinty testified before the Senate
Appropriations Committee. Pennsylvania’s mercury
SIP is due Nov. 17, 2006.
3. NAAQS: On Oct. 6, 2005, EPA published in the
Federal Register a final rule (70 Fed. Reg. 58,313)
approving Pennsylvania’s revised enhanced vehicle
inspection and maintenance program for the
Philadelphia, Pittsburgh, South Central and Northern
Regions. EPA is also approving incorporation into the
Pennsylvania SIP a visual emission component
inspection program done under Pennsylvania’s Annual
Safety Inspection Program in those 42 counties in
Pennsylvania not subject to federal vehicle inspection
and maintenance program requirements. The final rule
was effective Nov. 7, 2005.
2. Mercury: On Feb. 22, 2006, Pennsylvania Gov.
Edward G. Rendell announced Pennsylvania’s statespecific mercury reduction proposal. The proposal
calls for an 80 percent removal, or an emission rate of
0.024 lb/GWh, by 2010 and 90 percent removal, or
an emission rate of 0.012 lb/GWh, by 2015. The
proposal achieves a reduction that is nearly 40 percent
greater and achieved in less time than EPA’s CAMR.
EPA’s CAMR calls for coal-fired utilities to reduce
mercury emissions by 70 percent by 2018. The
Pennsylvania proposal presumes compliance for
electric generating units that burn 100 percent
bituminous coal with advanced air control technology.
The Pennsylvania proposal also enables utilities to meet
the state-specific standard without forcing them to take
any additional action beyond what they already have to
do to meet EPA’s CAIR and CAMR. The proposal
prohibits trading. The proposal provides two safety
valves. First, the PA DEP may grant an alternative
emission standard if the owner/operator demonstrates
that the mercury reduction requirements are
On Oct. 26, 2005, EPA published a proposed rule (70
Fed. Reg. 61,750) proposing to approve revisions to
Pennsylvania’s SIP establishing and requiring
reasonably available control technology for two major
sources of volatile organic compounds and nitrogen
oxides in Pennsylvania. The two major sources are:
(1) International Metals Reclamation Co. metals
recovery facility for volatile organic compounds in
Lawrence County, Pennsylvania; and (2) Petrowax PA
Inc.’s refinery for volatile organic compounds and
nitrogen oxides in Venango County, Pennsylvania.
Comments were due Nov. 25, 2005.
On Nov. 1, 2005, EPA published a final rule (70 Fed.
Reg. 65,842) approving a Pennsylvania SIP revision
establishing and requiring reasonably available control
technology for seven major sources of volatile organic
compounds and nitrogen oxides in Pennsylvania. The
seven major sources are: (1) Molded Fiber Glass,
Union City; (2) SKF, USA, Inc.; (3) Erie Forge and
4
Steel Incorporated; (4) OSRAM SYLVANIA
Products, Inc.; (5) Owens-Brockway Glass Container;
(6) Texas Eastern Transmissions Corporation; and
(7) Johnstown America Corporation. The final rule
took effect Dec. 1, 2005.
nitrogen oxide in Pennsylvania. The major sources of
volatile organic compounds are: (1) Fleetwood Motor
Homes and (2) Cove Shoe Company (now H.H.
Brown Shoe Company). The major sources of
nitrogen oxides are: (1) Cogentrix of Pennsylvania Inc.
(now Village Farms LP); (2) Scrubgrass Generating
Company, LP; (3) Wheelabrator Frackville Energy
Co.; (4) Indiana University of Pennsylvania—SW Jack
Cogeneration Facility; (5) Piney Creek, LP; (6) Statiol
Energy Power Paxton, LP (now NRG Energy CTR
Paxton LLC); (7) Harrisburg Steamworks (now
owned by NRG Energy CTR Paxton LLC); and
(8) four PP&L facilities. The final rule takes effect
April 7, 2006.
On Nov. 1, 2005, EPA published a final rule (70 Fed.
Reg. 65,845) establishing and requiring reasonably
available control technology for three major sources of
volatile organic compounds in Pennsylvania. The three
major sources are: (1) Salem Tube, Inc.; (2) SGL
Carbon Corporation; and (3) Dominion Trans, Inc.
The final rule was effective Dec. 1, 2005.
On Nov. 2, 2005, EPA published a final rule (70 Fed.
Reg. 66,261) establishing and requiring reasonably
available control technology for three major sources of
volatile organic compounds and nitrogen oxides in
Pennsylvania. The three major sources are: (1) Waste
Management Disposal Services of Pennsylvania, Inc.
(Pottstown Landfill) in Berks and Montgomery
Counties; (2) Waste Management Disposal Services of
PA, Inc. in York County; and (3) Armstrong World
Industries, Inc. in Lancaster County. The final rule was
effective Dec. 2, 2005.
On March 8, 2006, EPA published a partial
withdrawal of proposed rule (71 Fed. Reg. 11,563)
withdrawing its April 18, 2000 proposed rule (65 Fed.
Reg. 20,788) to approve reasonably available control
technology determinations with regard to three
sources. The three sources for which EPA is
withdrawing the April 18, 2000 rule are:
(1) Doverspike Brothers Coal Co., (2) Hedstrom
Corporation and (3) the thermal coal dryers at EME
Homer City LP. These three sources have been
permanently shut down and no reasonably available
control technology needs to be approved for them.
The partial withdrawal of the April 18, 2000 rule was
effective March 8, 2006.
On Feb. 7, 2006, EPA published a CFR Correction
(71 Fed. Reg. 6208) correcting 40 CFR § 81.339 in
the table entitled “Pennsylvania-TSP,” under
“V. Southwest Pennsylvania Intrastate AQCR,” and
revising the entry for “Allegheny County Air Basin.”
4. Regulations: On Oct. 18, 2005, the Pennsylvania
Environmental Quality Board approved Pennsylvania’s
Clean Vehicles Program Amendments. The
Pennsylvania Clean Vehicles Program, which was
adopted in 1998 (28 Pa. B. 5873, Dec. 5, 1998)
incorporates by reference emission standards for
passenger cars and light-duty trucks identical to the
low emission standards adopted by California, except
the Pennsylvania program does not incorporate by
reference the California zero emissions vehicle or
emissions control warranty systems statement
provisions. The amendments update definitions, set a
new compliance date of model year 2008 and include
a 3-year early credit-earning period. The 3-year
credit-earning period provides a transition mechanism
from the expiring National Low Emissions Vehicle
program that was adopted in 1998 as a compliance
On Feb. 27, 2006, EPA published a proposed rule
(71 Fed. Reg. 9747) to approve revisions to the
Pennsylvania SIP establishing and requiring reasonably
available control technology for five major sources of
nitrogen oxide in Pennsylvania. The five major sources
are: (1) Pennsylvania Electric Company; (2) The
Harrisburg Authority; (3) Texas Eastern Transmission
Corp.; (4) Graybec Line, Inc.; and (5) Technegals,
Inc. Written comments were due on or before
March 29, 2006.
On March 8, 2006, EPA published a final rule (71
Fed. Reg. 11,514) approving a Pennsylvania SIP
imposing reasonably available control technology on
13 major sources of volatile organic compounds or
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three years before the second phase of CAMR begins.
The Senate bill also requires the Air Pollution Control
Board to adopt EPA’s model CAIR. A similar
proposal has been included in a bill endorsed to the full
House by the Committee on Agriculture, HB 1055.
Under the House bill, owners with more than one
facility in Virginia whose combined NOX emissions in
2004 exceeded 40,000 tons must achieve early
reductions in either 2007 or 2008 equivalent to the
total number of allowances Virginia receives from
EPA’s compliance supplement pool for the new annual
NOX program under CAIR. Virginia would have to
adopt a state-specific rule in addition to EPA’s CAMR.
Small electric generating units would be allowed to
participate in the Federal Trading Program. Mediumsized plants, however, would only be allowed to
exchange credits within their own system, including
units within 200 km of the Virginia border. VA DEQ
would be required to conduct a detailed assessment of
mercury deposition in Virginia and would be required
to report its findings to the committee of oversight no
later than Oct. 15, 2008. The House and Senate bills
would follow EPA’s CAIR but would also authorize the
Virginia Air Pollution Control Board to prohibit
facilities in nonattainment areas from purchasing
allowances to meet their NOX and SO2 obligations.
Both bills would override the Virginia Air Pollution
Control Board’s ability to implement mercury rules
more stringent than the federal ones for CAIR and
CAMR, by requiring the board to adopt the model
rules as promulgated by EPA.
alternative, and helped insure that the Pennsylvania
Clean Vehicles regulation meets the “identicality”
requirements for the CAA.
D. Virginia
1. Legislation: On Jan. 11, 2006, a three-pollutant bill
was introduced. The legislation would reduce SO2,
NOX and mercury emissions from electric generating
units (EGUs) in two phases. From May 1, 2009,
EGUs would have two options to comply with mercury
limits: (1) meet an emissions rate equal to or less than
3 mg/MWh or (2) meet a 90 percent mercury
emissions removal rate. From 2009, the legislation
caps at 63,478 tons per year SO2, 36,074 tons per
year NOX, and 15,994 tons of NOX during ozone
season. The second phase would start Jan. 1, 2012,
capping SO2 at 44,435 tons per year, NOX at 30,062
tons per year and ozone season NOX at 13,328 tons of
NOX during an ozone season. The legislation would
give units wishing to implement a multi-pollutant
approach using both selective catalytic reduction and
flue gas desulfurization on an affected unit to control
SO2, NOX and mercury until May 1, 2012, to comply.
The legislation would also require the Virginia
Department of Environmental Quality (VA DEQ) to
issue a report on cost-effective alternatives to reduce
the state’s carbon dioxide emissions by 2008.
On Feb. 8, 2006, the Virginia Senate passed a bill
requiring the Virginia Air Pollution Control Board to
adopt EPA’s model CAMR. The Senate bill provides
that any allowances purchased for compliance with
EPA’s CAMR must be generated from a facility less
than or equal to 200 kilometers from the state border.
Under the Senate bill, owners with more than one unit
in Virginia that exceeded a combined mercury emission
output of 900 lb. in 1999 would have to comply with a
state-specific rule in the first phase of EPA’s CAMR,
with a separate allocation of state-only allowances.
Those utilities would not be able to trade for
compliance with their state-specific mercury limits.
Generators that fall under the state-specific rule could
trade between their own facilities but may not emit
more mercury than allocated to them under the Virginia
rules. These generators would then have to comply
with EPA’s CAMR’s Phase II caps by Jan. 1, 2015,
2. Mercury: On Dec. 8, 2005, VA DEQ proposed
mercury limits that go beyond EPA’s CAMR and
prohibit trading. The proposal would cut mercury
emissions from power plants more than 63 percent
from 1999 levels by 2015, three years earlier than
EPA’s deadline. Under the proposal, Virginia would
take out 5 percent from each phase for a public benefit
set-aside, which will be retired. Furthermore,
5 percent would be taken from the first phase and
2 percent from the second for a new source set aside.
On Jan. 27, 2006, the Virginia State Air Pollution
Control Board voted to request comments on the VA
DEQ’s proposed mercury rule and the State and
Territorial Air Pollution Program Administrators/
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Association of Local Air Pollution Control Officials
(STAPPA/ALAPCO) model rule. Both rules are more
stringent than EPA’s CAMR that was finalized in
March 2005. The STAPPA/ALAPCO model rule
calls for a 90 percent to 95 percent capture rate from
coal-fired power plants by 2012. Both rules prohibit
trading between companies. Under either Virginia’s
proposal or the STAPPA/ALAPCO model rule,
sources would be allocated allowances worth one
ounce each, which can only be transferred to sources
owned by the same company. Banking would not be
allowed. The allocation would be based on the highest
average heat input over three years from 2000-2004
for units in existence before January 2001. NonEGUs would also have to control mercury to avoid an
“adverse environmental impact” which would be
decided on a case-by-case basis. There will be a
60-day public comment period.
redesignate the City of Fredericksburg, Spotsylvania
County and Stafford County ozone nonattainment area
for the 8-hour ozone national ambient air quality
standard to attainment. In addition, EPA approved the
maintenance plan for the area and made an adequacy
determination, finding the motor vehicle emissions
budgets in the maintenance plan adequate for
transportation conformity purposes and approved the
motor vehicle emission budgets as well as the
maintenance plan. The final rule took effect Jan. 23,
2006.
On Jan. 3, 2006, EPA published a final rule (71 Fed.
Reg. 24) approving a request by Virginia to
redesignate the Shenandoah National Park area as
attainment for the 8-hour ozone national ambient air
quality standard. EPA also approved the adequacy
determination for the motor vehicle emission budgets
that are identified in the 8-hour maintenance plan for
the Shenandoah National Park area for purposes of
transportation conformity and approved the motor
vehicle emission budgets. Finally, EPA approved the
maintenance plan for the Shenandoah National Park
area that provides for continuous attainment of the 8hour ozone national ambient air quality standard for the
next 10 years. The final rule was effective Feb. 2,
2006.
3. NAAQS: On Sept. 12, 2005, EPA published a
proposed rule in the Federal Register (70 Fed. Reg.
53,746) proposing to approve a Virginia redesignation
request and SIP revision. Virginia is requesting that the
City of Fredericksburg, Spotsylvania County and
Stafford County (the Fredericksburg Nonattainment
Area) be redesignated as attainment for the 8-hour
ozone national ambient air quality standard. The
revision establishes a maintenance plan for the
Fredericksburg Nonattainment Area and provides
requirements for continued attainment of the 8-hour
ozone standard for the next 10 years. Written
comments were due Oct. 12, 2005.
On Jan. 6, 2006, EPA published a proposed rule (71
Fed. Reg. 892) proposing to approve a Virginia SIP
revision pertaining to amendments of the
Commonwealth’s existing ambient air quality
standards. The amendment includes the national
ambient air quality standard for the 1997 8-hour ozone
and PM2.5, as well as general revisions to the
Commonwealth’s regulations. Comments were due
Feb. 6, 2006.
On Nov. 3, 2005, EPA published a final rule (70 Fed.
Reg. 66769) updating the materials submitted by
Virginia that are incorporated by reference into the
Virginia SIP. The final rule took effect Nov. 3, 2005.
On Jan. 31, 2006, EPA published a proposed rule (71
Fed. Reg. 5035) proposing to approve a Virginia SIP
revision pertaining to the emission standard for
consumer products sold and used in the Northern
Virginia volatile organic compound emissions control
area. Comments were due March 2, 2006.
On Nov. 16, 2005, EPA published a direct final rule
(70 Fed. Reg. 69,455) correcting an error in the rule
summary language of a final rule originally published on
Sept. 10, 2004 (69 Fed. Reg. 54,753) pertaining to
EPA’s approval of Virginia’s hospital/medical/infectious
waste incinerator section 111(d)/129 plan. The direct
final rule took effect Nov. 16, 2005.
On Feb. 8, 2006, EPA published a final rule (71 Fed.
Reg. 6347) finding that Virginia failed to make a
complete Phase II NOX SIP Call submittal as required
On Dec. 23, 2005, EPA published a final rule (70 Fed.
Reg. 76,165) approving a request by Virginia to
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by April 1, 2005. The finding starts the clock for EPA
to develop a federal implementation plan under the
CAA. The final rule took effect March 10, 2006.
On March 3, 2006, EPA published a final rule (71
Fed. Reg. 10,842) approving a Virginia SIP revision
pertaining to amendments to Virginia’s existing ambient
air quality standard. The revision incorporates the
1997 national ambient air quality standards for the
8-hour ozone and PM2.5 into the Virginia Regulations
for the Control and Abatement of Air Pollution: 9 VAC
5 Chapter 30 Ambient Air Quality Standards. The
other revisions are amendments to the ambient air
quality standards for sulfur dioxide, carbon monoxide,
one-hour ozone, PM10, nitrogen dioxide and lead and
make the Virginia regulation consistent with federal
regulations. The final rule takes effect April 3, 2006.
On March 3, 2006, EPA published a proposed rule
(71 Fed. Reg. 10,949) and a direct final rule (71 Fed.
Reg. 10,838) to approve Virginia SIP revisions
consisting of revised citations, additions, and corrected
addresses to documents which are incorporated by
reference in Virginia’s regulations. The final rule is
automatically effective May 2, 2006, unless EPA
receives adverse written comment by April 3, 2006.
sunset date. EPA’s approval is conditioned on the
West Virginia Department of Environmental Protection
(WV DEP) adopting a permanent rule with an effective
date prior to the sunset date of the emergency rule, and
submitting the permanent rule as a SIP revision to EPA
by July 1, 2006. The WV DEP is in the process of
adopting its permanent version of the rule and has
submitted a written commitment to EPA stating it will
meet all of these conditions. The final rule took effect
Feb. 10, 2006.
2. Regulations: On Nov. 14, 2005, the Legislative
Rule-Making Committee met and reviewed the
following West Virginia Division of Air Quality (WV
DAQ) air quality rules: (1) 45 CSR 15, “Emission
Standards for Hazardous Air Pollutants Pursuant to 40
CFR Part 61”; (2) 45 CSR 16, “Standards of
Performance for New Stationary Sources Pursuant to
40 CFR Part 60”; (3) 45 CSR 25, “To Prevent and
Control Air Pollution from Hazardous Waste
Treatment, Storage, or Disposal Facility”; (4) 45 CSR
33, “Acid Rain Provisions and Permits”; (5) 45 CSR
34, “Emission Standards for Hazardous Air Pollutants
for Source Categories Pursuant to 40 CFR Part 63;
and (6) 45 CSR 41, “Control of Annual Sulfur Dioxide
Emissions to Mitigate Interstate Transport of Fine
Particulate Matter and Sulfur Dioxide”. The
Legislative Rule-Making Review Committee approved
all of the WV DAQ air quality rules except 45 CSR
41. The rules that were passed incorporate by
reference new or revised federal regulations. 45 CSR
41, which applies to large fossil fuel-fired electric
generating units that have greater than 25 MW
generating capacity, establishes the general provisions
and the designated representative, permitting,
allowance, monitoring and opt-in provisions for the
West Virginia SO2 Trading Program pursuant to the
federal CAIR by means of mitigating interstate
transport of fine particulates and sulfur dioxide.
E. West Virginia
1. NAAQS: On Oct. 20, 2005, EPA published in the
Federal Register a proposed rule (70 Fed. Reg.
61,104) proposing to grant conditional approval of
West Virginia’s SIP revision pertaining to West
Virginia’s Phase II NOX SIP Call rules. West Virginia
adopted its Phase II NOX SIP Call rule using West
Virginia’s emergency rule procedures in order to meet
EPA’s April 2005 deadline for the Phase II NOX SIP
Call rule. EPA will fully approve West Virginia’s Phase
II NOX SIP Call rule once West Virginia adopts a
permanent rule prior to the sunset date of the
emergency rule and submits the permanent rule as a
SIP revision to EPA by July 1, 2006. Comments were
due Nov. 21, 2005.
On Dec. 13, 2005, the Legislative Rule-Making
Review Committee met and approved Rule 41 and in
addition the following WV DAQ air quality rules:
(1) 45 CSR 37, “Mercury Budget Trading Program to
Reduce Mercury Emission”; (2) 45 CSR 39, “Control
of Annual Nitrogen Oxide Emissions to Mitigation
Interstate Transport of Fine Particulate Matter and
On Jan. 11, 2006, EPA published a final rule (71 Fed.
Reg. 1696) granting conditional approval of West
Virginia’s Phase II NOX SIP Call rule. The approval is
conditional because the revision was adopted by West
Virginia under its emergency rules provisions and has a
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Nitrogen Oxide; and (3) 45 CSR 40, “Control of
Ozone Season Nitrogen Oxide Emissions to Mitigate
Interstate Transport of Ozone and Nitrogen Oxide.”
Rule 37 establishes a West Virginia Mercury Budget
Trading Program pursuant to the federal CAMR
except it does not include the federal provisions
pertaining to the different types of coal. Rules 39 and
40 establish West Virginia Annual and Ozone Season
NOX Trading Programs pursuant to the federal CAIR.
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