[Federal Register Volume 59, Number 191 (Tuesday, October 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24508]


[[Page Unknown]]

[Federal Register: October 4, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AZ-13-2-6293; FRL-5084-7]

 

Approval and Promulgation of Implementation Plans; Arizona State 
Implementation Plan Revision, Maricopa County Division of Air Pollution 
Control

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: EPA is proposing to approve revisions to the Arizona State 
Implementation Plan (SIP) which control emissions from solvent 
degreasing operations, petroleum solvent dry cleaning, gasoline 
transfer, and the use of roadway asphalt. The intended effect of 
approving these rules is to regulate volatile organic compound (VOC) 
emissions in accordance with the requirements of the Clean Air Act, as 
amended (CAA or the Act). EPA's final action on this notice of proposed 
rulemaking (NPR) will incorporate these rules into the federally 
approved SIP.
    EPA proposed conditional approval of earlier submittals of several 
of these rules in the Federal Register on September 29, 1992 based on 
the Maricopa County Division of Air Pollution Control's (the 
Division's) commitment to fix the rule deficiencies. The Division has 
fulfilled its commitment to fix the rules, and has submitted the 
revised rules being acted upon in this document. EPA has evaluated each 
of the rules and is proposing to approve them under provisions of the 
CAA regarding EPA action on SIP submittals, SIPs for national primary 
and secondary ambient air quality standards, and plan requirements for 
nonattainment areas.

DATES: Comments must be received on or before November 3, 1994.

ADDRESSES: Comments may be mailed to: Daniel A. Meer, Rulemaking 
Section (A-5-3), Air and Toxics Division, U.S. Environmental Protection 
Agency, Region 9, 75 Hawthorne Street, San Francisco, CA 94105.
    Copies of the rule revisions and EPA's evaluation report of each 
rule are available for public inspection at EPA's Region 9 office 
during normal business hours. Copies of the submitted rule revisions 
are also available for inspection at the following locations:

Arizona Department of Environmental Quality, 3033 N. Central Avenue, 
Phoenix, AZ 85012.
Maricopa County Division of Air Pollution Control, 2406 South 24th 
Street, suite E-214, Phoenix, AZ 85034.

FOR FURTHER INFORMATION CONTACT: Julie A. Rose, Rulemaking Section (A-
5-3), Air and Toxics Division, U.S. Environmental Protection Agency, 
Region 9, 75 Hawthorne Street, San Francisco, CA 94105, Telephone: 
(415) 744-1184.

SUPPLEMENTARY INFORMATION:

Applicability

    The rules being proposed for approval into the Arizona SIP include: 
Maricopa County Division of Air Pollution Control (the Division) Rules 
331, Solvent Cleaning; 333, Petroleum Solvent Dry Cleaning; 340, 
Cutback and Emulsified Asphalt; and 353, Transfer of Gasoline into 
Stationary Dispensing Tanks. These rules were submitted to EPA by the 
Arizona Department of Environmental Quality (ADEQ) on August 10 (Rules 
331 and 333), November 13 (Rule 340), and June 29 (Rule 353), 1992.

Background

    On March 3, 1978, EPA promulgated a list of ozone nonattainment 
areas under the provisions of the Clean Air Act, as amended in 1977 
(1977 CAA or pre-amended Act), that included Maricopa County. 43 FR 
8964, 40 CFR 81.303. On March 19, 1979, EPA changed the name and 
modified the geographic boundaries of the ozone nonattainment area of 
Maricopa County to the Maricopa Association of Governments (MAG) Urban 
Planning Area. 44 FR 16391, 40 CFR 81.303. On February 24, 1984, EPA 
notified the Governor of Arizona, pursuant to section 110(a)(2)(H) of 
the pre-amended Act, that the Division's portion of the Arizona SIP was 
inadequate to attain and maintain the ozone standard and requested that 
deficiencies in the existing SIP be corrected (EPA's SIP-Call, 49 FR 
18827, May 3, 1984). On May 26, 1988, EPA again notified the Governor 
of Arizona that the Division's portion of the Arizona SIP was 
inadequate to attain and maintain the ozone standard and requested that 
deficiencies relating to VOC controls and the application of reasonably 
available control technology (RACT) in the existing SIP be corrected 
(EPA's second SIP-Call, 53 FR 34500, September 7, 1988). On November 
15, 1990, the Clean Air Act Amendments of 1990 were enacted. Pub. L. 
101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q. In amended 
section 182(a)(2)(A) of the CAA, Congress statutorily adopted the 
requirement that nonattainment areas fix their deficient RACT rules for 
ozone and established a deadline of May 15, 1991 for states to submit 
corrections of those deficiencies. Section 182(a)(2)(A) applies to 
areas designated as nonattainment prior to enactment of the amendments 
and classified as marginal or above as of the date of enactment. It 
requires such areas to adopt and correct RACT rules pursuant to pre-
amended section 172(b) as interpreted in pre-amended guidance.\1\ EPA's 
SIP-Calls used that guidance to indicate the necessary corrections for 
specific nonattainment areas. The MAG Urban Planning Area is classified 
as moderate\2\; therefore, this area is subject to the RACT fix-up 
requirement and the May 15, 1991 deadline.
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    \1\Among other things, the pre-amended guidance consists of 
those portions of the proposed post-1987 ozone and carbon monoxide 
policy that concern RACT, 52 FR 45044 (November 24, 1987); ``Issues 
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, 
Clarification to Appendix D of November 24, 1987 Federal Register 
Notice'' (Blue Book) (notice of availability was published in the 
Federal Register on May 25, 1988); and the existing control 
technique guidelines (CTGs).
    \2\The MAG Urban Planning Area retained its designation of 
nonattainment and was classified by operation of law pursuant to 
sections 107(d) and 181(a) upon the date of enactment of the CAA. 
See 55 FR 56694 (November 6, 1991).
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    On June 22, 1991, EPA notified the State of Arizona that EPA had 
not received by the May 15, 1991 deadline all required VOC rule 
corrections under section 182(a)(2)(A) of the CAA. The finding letter 
identified that the Division had failed to submit required rule 
corrections. The official finding notice was published in the Federal 
Register on October 22, 1991 (56 FR 54554). The Division's Rule 353 was 
listed in that finding notice. As a result, the Division had 18 months 
to submit those rules to EPA before a sanction would be imposed.
    On September 29, 1992, in 57 FR 44718, EPA published a Notice of 
Proposed Rulemaking (NPRM) which proposed conditional approval of the 
following Division rules into the Arizona SIP: Dry Cleaning, and (3) 
Rule 340, Cutback and Emulsified Asphalt.\3\ The conditional approval 
proposed for the rules was based on the State's commitment to correct 
deficiencies identified in the rules by EPA. The corrected rules were 
submitted before EPA finalized the conditional approval and were 
submitted to fulfill the State's commitment to correct the 
deficiencies.
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    \3\The Division's Rules 332, Perchloroethylene Dry Cleaning and 
100, General Provisions and Definitions, were also proposed for 
conditional approval in the NPR. EPA is not taking action on Rule 
332 at this time because EPA has developed regulations for 
perchloroethylene under Title III of the CAA. The Division is 
revising Rule 100 and EPA will act on that version after it is 
submitted.
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    The State of Arizona submitted several revised RACT rules for 
incorporation into its SIP on June 29, August 10, and November 13, 1992 
including the rules being acted on in this document. This document 
addresses EPA's proposed action for the Division's Rule 331, Solvent 
Cleaning; Rule 333, Petroleum Solvent Dry Cleaning (both adopted by the 
Division on June 22, 1992); Rule 340, Cutback and Emulsified Asphalt 
(adopted September 21, 1992); and Rule 353, Transfer of Gasoline into 
Stationary Dispensing Tanks (adopted April 6, 1992). These submitted 
rules were found to be complete on September 3, 1992 (Rule 353), 
September 16, 1992, (Rule 340), and December 2, 1992 (Rules 331 and 
333) pursuant to EPA's completeness criteria that are set forth in 40 
CFR part 51, appendix V\4\ and are being proposed for approval into the 
SIP. The finding of completeness stopped the sanctions clock that had 
been started for Rule 353 on October 22, 1991.
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    \4\EPA adopted the completeness criteria on February 16, 1990 
(55 FR 5830) and, pursuant to section 110(k)(1)(A) of the CAA, 
revised the criteria on August 26, 1991 (56 FR 42216).
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    Rules 331, 333, 340, and 353 are rules that control VOC emissions 
from the cleaning (degreasing) of parts, from dry cleaning operations 
using petroleum solvents, from asphalt used for roadways, and from the 
filling of tanks with gasoline. VOCs contribute to the production of 
ground level ozone and smog. The original rules which were the subject 
of the proposed conditional approval were submitted in response to 
EPA's SIP-Calls and the CAA requirement that nonattainment areas to fix 
their deficient reasonably available control technology (RACT) rules 
for ozone in accordance with EPA guidance that interpreted the 
requirements of the pre-amendment Act. The current rules were submitted 
in fulfillment of the Division's commitment to fix remaining 
deficiencies identified in EPA's proposed conditional approval or in 
response the EPA's finding of nonsubmittal. The rules were adopted as 
part of the Division's efforts to achieve the National Ambient Air 
Quality Standard (NAAQS) for ozone and in response to EPA's SIP-Call 
and the section 182(a)(2)(A) CAA requirement. The following is EPA's 
evaluation and proposed action for these rules.

EPA Evaluation and Proposed Action

    In determining the approvability of a VOC rule, EPA must evaluate 
the rule for consistency with the requirements of the CAA and EPA 
regulations, as found in section 110 and part D of the CAA and 40 CFR 
part 51 (Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans). The EPA interpretation of these requirements, 
which forms the basis for today's action, appears in the various EPA 
policy guidance documents listed in footnote 1. Among those provisions 
is the requirement that a VOC rule must, at a minimum, provide for the 
implementation of RACT for stationary sources of VOC emissions. This 
requirement was carried forth from the pre-amended Act.
    For the purpose of assisting state and local agencies in developing 
RACT rules, EPA prepared a series of Control Technique Guideline (CTG) 
documents. The CTGs are based on the underlying requirements of the Act 
and specify the presumptive norms for what is RACT for specific source 
categories. Under the CAA, Congress ratified EPA's use of these 
documents, as well as other Agency policy, for requiring States to 
``fix-up'' their RACT rules. See section 182(a)(2)(A). The CTGs that 
apply to the four RACT rules follow: 

------------------------------------------------------------------------
 Rule No.              CTG title                        EPA No.         
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331.......  Control of volatile organic       EPA-450/2-77-022          
             emissions from solvent metal                               
             cleaning.                                                  
333.......  Control of volatile organic       EPA-450/3-82-009          
             compound emissions from large                              
             petroleum dry cleaners.                                    
340.......  Control of volatile organic       EPA-450/2-77-037          
             compounds from the use of                                  
             cutback asphalt.                                           
353.......  Control of volatile organic       EPA-450/2-77-035          
             emissions from bulk gasoline                               
             plants                                                     
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    Further interpretations of EPA policy are found in the Blue Book, 
referred to in footnote 1. In general, these guidance documents have 
been set forth to ensure that VOC rules are fully enforceable and 
strengthen or maintain the SIP.
    The Division's submitted rules include the following significant 
changes from the current SIP:

Rule 331, Solvent Cleaning

    1. The cooling capacity of freeboard chillers has been specified.
    2. A provision for a vapor level control safety switch on vapor 
degreasers has been added.
    3. Regulations for small conveyorized degreasers have been added.
    4. Provisions for Control Officer approval of alternate control 
devices have been deleted.
    5. Test methods for determining compliance and recordkeeping 
provisions have been added.
    6. Exemption of wipe cleaners and a proposed schedule for 
compliance have been deleted.
    7. A definition of ``low volatility solvent'' and standards 
applying to low and high volatility solvents have been added.
    8. In response to EPA's comments during the rule revision period, 
(1) the term ``leaks'' has been defined, (2) a provision for covers for 
remote reservoir cleaners has been added, and (3) daily recordkeeping 
(except for wipe cleaning) has been added.

Rule 333, Petroleum Solvent Dry Cleaning

    1. Operating requirements for dryers, filters and recovery units 
have been added.
    2. A solvent use cutoff has been deleted.
    3. Test methods and recordkeeping provisions used for determining 
compliance have been added.
    4. A provision for the immediate placement of filtration material 
in sealed containers has been added.

Rule 340, Cutback and Emulsified Asphalt

    1. A provision for a seasonal exemption has been deleted.
    2. A provision allowing the Control Officer discretion for test 
methods has been deleted and the test methods provision clarified.
    3. More stringent provisions for VOC content of asphalt have been 
added.
    4. A number of exemptions have been deleted.
    5. Recordkeeping provisions have been added.

Rule 353, Transfer of Gasoline into Stationary Dispensing Tanks

    1. A definitions section has been added.
    2. The standards section has been expanded to include use of 
approved Stage I vapor recovery equipment and leak-free equipment.
    3. The maintenance section has been expanded to include owner 
responsibility to use equipment correctly, and to require owners to 
refuse offloading by delivery trucks not bearing a pressure test 
certification decal.
    4. The exemption of non-resale operations is limited by a lower 
throughput cutoff of 120,000 gallons annually. The exemption for tanks 
serviced by exempt delivery vessels is now limited by a throughput 
cutoff of 120,000 gallons annually. Lastly, the exemption of certain 
storage tanks from the rule by the Control Officer has been deleted.
    5. A compliance schedule requiring compliance within one year of 
the date of rule adoption has been added.
    6. The monitoring and records section has been expanded to include 
throughput recordkeeping and test methods to use to determine 
compliance.
    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, the Division's Rule 331, Solvent Cleaning; Rule 333, 
Petroleum Solvent Dry Cleaning; Rule 340, Cutback and Emulsified 
Asphalt; and Rule 353, Transfer of Gasoline into Stationary Dispensing 
Tanks, are being proposed for approval under section 110(k)(3) of the 
CAA as meeting the requirements of section 110(a) and part D.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

Regulatory Process

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises and 
government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under sections 110 and 301 and subchapter I, part D 
of the CAA do not create any new requirements, but simply approve 
requirements that the State is already imposing. Therefore, because the 
federal SIP-approval does not impose any new requirements, it does not 
have a significant impact on any small entities affected. Moreover, due 
to the nature of the federal-state relationship under the CAA, 
preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 
42 U.S.C. 7410(a)(2).
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. The OMB has exempted these actions from review under 
Executive Order 12866.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Ozone, Reporting and recordkeeping 
requirements.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: September 22, 1994.
John Wise,
Acting Regional Administrator.
[FR Doc. 94-24508 Filed 10-3-94; 8:45 am]
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