[Federal Register Volume 59, Number 210 (Tuesday, November 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27075]


[[Page Unknown]]

[Federal Register: November 1, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AZ 37-1-6592a; FRL-5086-9]

 

Approval and Promulgation of Implementation Plans; Arizona State 
Implementation Plan Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on revisions to the Arizona 
State Implementation Plan (SIP). The revised rule controls emissions of 
volatile organic compounds (VOCs) from the transfer of gasoline into 
motor vehicle fuel tanks. The revision applies to the Phoenix 
nonattainment area and this approval action will incorporate the 
regulation into the Federally approved SIP. The intended effect of 
approving this rule is to regulate emissions of VOCs in accordance with 
the requirements of the Clean Air Act, as amended in 1990 (CAA or the 
Act). In addition, the final action on this rule serves as a final 
determination that the finding of nonsubmittal for this rule has been 
corrected and that on the effective date of this action, any Federal 
Implementation Plan (FIP) clock is stopped. Thus, EPA is finalizing the 
approval of these revisions into the Arizona SIP 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: This final rule is effective on January 3, 1995, unless adverse 
or critical comments are received by December 1, 1994. If the effective 
date is delayed, a timely notice will be published in the Federal 
Register.

ADDRESSES: Copies of the regulation and EPA's evaluation report for the 
rule are available for public inspection at EPA's Region IX office 
during normal business hours. Copies of the submitted regulation are 
available for inspection at the following locations:

Rulemaking Section (A-5-3), Air and Toxics Division, U.S. 
Environmental Protection Agency, Region IX, 75 Hawthorne Street, San 
Francisco, CA 94105.
Environmental Protection Agency, Air Docket 6102, 401 ``M'' Street, 
SW., Washington, DC 20460.
Arizona Department of Environmental Quality, 3033 North Central 
Avenue, Phoenix, AZ 85012.
Arizona Department of Weights and Measures, 1951 West North Lane, 
Phoenix, AZ 85021.

FOR FURTHER INFORMATION CONTACT:
Mae Wang, Rulemaking Section (A-5-3), Air and Toxics Division, U.S. 
Environmental Protection Agency, Region IX, 75 Hawthorne Street, San 
Francisco, CA 94105, Telephone: (415) 744-1200.

SUPPLEMENTARY INFORMATION:

Background

    On November 15, 1990, the Clean Air Act Amendments of 1990 were 
enacted. Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 
7401-7671q. Under section 182(b)(3), EPA was required to issue guidance 
as to the effectiveness of stage II systems. In November 1991, EPA 
issued technical and enforcement guidance to meet this 
requirement.1 In addition, on April 16, 1992, EPA published the 
``General Preamble for the Implementation of title I of the Clean Air 
Act Amendments of 1990'' (General Preamble) (57 FR 13498). The guidance 
documents and the General Preamble interpret the stage II statutory 
requirement and indicate what EPA believes a State submittal needs to 
include to meet that requirement.
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    \1\ These two documents are entitled ``Technical Guidance--Stage 
II Vapor Recovery Systems for Control of Vehicle Refueling Emissions 
at Gasoline Dispensing Facilities'' (EPA-450/3-91-022) and 
``Enforcement Guidance for Stage II Vehicle Refueling Control 
Programs.''
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    The Phoenix area is designated nonattainment for ozone and 
classified as moderate. See 56 FR 56694 (Nov. 6, 1991) and 57 FR 56762 
(Nov. 30, 1992), codified at 40 CFR 81.300 through 81.437. Under 
section 182(b)(3) of the amended Act, Arizona was required to submit 
stage II vapor recovery rules for this area by November 15, 1992. An 
18-month sanctions clock under section 179(a) of the CAA began on 
January 15, 1993 when EPA made a finding that the State failed to make 
a complete submittal. In addition, section 110(c) of the Act provides 
that EPA promulgate a FIP no later than two years after a finding under 
section 179(a). On May 27, 1994, the Arizona Department of 
Environmental Quality (ADEQ) submitted to EPA stage II vapor recovery 
rules that were adopted by the State on August 27, 1993. The mandatory 
sanctions clock was stopped on June 30, 1994 when EPA determined that 
the State had made a complete submittal. By this document, EPA is 
taking direct final action to approve this submittal. This final action 
will incorporate this regulation into the Federally approved SIP and 
stop the FIP clock. The EPA has reviewed the State submittal against 
the statutory requirements and for consistency with EPA guidance. A 
summary of EPA's analysis is provided below. In addition, a more 
detailed analysis of the State submittal is contained in a technical 
support document (TSD) which is available from the Region IX Office, 
listed above.

Applicability

    Under section 182(b)(3), States were required by November 15, 1992 
to adopt regulations requiring owners or operators of gasoline 
dispensing systems to install and operate vapor recovery equipment at 
their facilities. The amended Act specifies that these State rules must 
apply to any facility that dispenses more than 10,000 gallons of 
gasoline per month or, in the case of an independent small business 
marketer (ISBM), any facility that dispenses more than 50,000 gallons 
of gasoline per month. Section 324 of the Act defines an ISBM. The 
State has adopted a general applicability requirement of 10,000 gallons 
of gasoline per month and has provided an applicability requirement of 
50,000 gallons of gasoline per month for ISBM's.
    As more fully discussed in EPA's Enforcement Guidance and the 
General Preamble (57 FR 13514), the State has provided that the gallons 
of gasoline dispensed per month will be calculated as stringently as 
the average volume dispensed per month for the 2-year period prior to 
State adoption of the regulation. In addition, the State has specified 
that the stage II requirement apply to all gasoline dispensing 
facilities, including retail outlets and fleet fueling facilities.

Implementation of Stage II

    The Act specifies the time by which certain facilities must comply 
with the State regulation. For facilities that are not owned or 
operated by an ISBM, these times, calculated from the time of State 
adoption of the regulation, are: (1) 6 months for facilities for which 
construction began after November 15, 1990; (2) 1 year for facilities 
that dispense greater than 100,000 gallons of gasoline per month; and 
(3) 2 years for all other facilities. Although the submitted regulation 
was not adopted until August 27, 1993, the State regulations meet the 
express timetables in the Act since emergency rules were in effect 
prior to this submittal and the State compliance dates were set with 
respect to the November 15, 1992 statutory deadline for adoption of 
stage II regulations.

Additional Program Requirements

    Consistent with EPA's guidance, the State requires that stage II 
systems be tested and certified to meet a 95 percent emission reduction 
efficiency by using only systems approved by the California Air 
Resources Board (CARB). The State requires sources to verify proper 
installation and function of stage II equipment through use of a liquid 
blockage test and a leak test prior to system operation and every year 
or upon major modification of a facility (i.e., 75 percent or more 
equipment change).
    With respect to recordkeeping, the State has adopted those items 
recommended in EPA's guidance and specifies that sources subject to 
Stage II must make these documents available upon request: (1) A 
license or permit to install and operate a stage II system, (2) results 
of verification tests, (3) equipment maintenance and compliance file 
logs indicating compliance with manufacturer's specifications and 
requirements, (4) training certification files, and (5) inspection and 
compliance records issued by the State. In addition, the State requires 
facilities that are not subject to stage II to maintain files 
containing the gasoline throughput of the facility. The State has also 
established an inspection function consistent with that described in 
EPA's guidance. The State plans to conduct inspections of facilities 
including a visual inspection of the stage II equipment and of the 
required records and a functional test of the stage II equipment.

EPA Action

    Because EPA believes that the State has adopted a stage II 
regulation in accordance with section 182(b)(3) of the Act, as 
interpreted in EPA's guidance, Arizona Administrative Code title 4, 
Chapter 31, Article 9 (R4-31-901 through R4-31-910) is being approved 
under section 110(k)(3) of the CAA as meeting the requirements of 
section 182(b)(3) and 110(a) and part D. Therefore, if this direct 
final action is not withdrawn, on January 3, 1995, any FIP clock is 
stopped.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future implementation 
plan. Each request for revision to the SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.
    EPA is publishing this document without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective January 3, 1995, unless, by December 1, 1994, adverse or 
critical comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent notice that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective January 3, 1995.

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(a) 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, I certify 
that 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).
    The Office of Management and Budget has exempted this regulatory 
action from Executive Order 12866 review.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Note: Incorporation by reference of the State Implementation 
Plan for the Arizona was approved by the Director of the Federal 
Register on July 1, 1982.

    Date: September 23, 1994.
Felicia Marcus,
Regional Administrator.

    Subpart D of Part 52, Chapter I, Title 40 of the Code of Federal 
Regulations is amended as follows:

PART 52--[AMENDED]

Subpart D--Arizona

    1. The authority citation for Part 52 continues to read as follows:

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

    2. Section 52.120 is amended by adding paragraphs (c)(69)(i)(A) to 
read as follows:


Sec. 52.120  Identification of Plan.

* * * * *
    (c) * * *
    (69) The following amendment to the plan was submitted by the 
Governor's designee on May 27, 1994.
    (i) Incorporation by reference.
    (A) Maricopa County Bureau of Air Pollution Control stage II vapor 
recovery program, adopted on August 27, 1993.
* * * * *
[FR Doc. 94-27075 Filed 10-31-94; 8:45 am]
BILLING CODE 6560-50-P