[Federal Register Volume 62, Number 242 (Wednesday, December 17, 1997)]
[Proposed Rules]
[Pages 66040-66042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32786]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[AZ017-0006; FRL-5935-4]
Approval and Promulgation of Implementation Plans; Arizona State
Implementation Plan Revision, Maricopa County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing a limited approval and limited disapproval of
a revision to the Arizona State Implementation Plan (SIP) concerning
the control of volatile organic compound (VOC) emissions from surface
coating operations, Rule 336. The intended effect of proposing limited
approval and limited disapproval of this rule is to regulate VOC
emissions according to the requirements of the Clean Air Act, as
amended in 1990 (CAA or the Act). EPA's final action on this proposal
will incorporate this rule into the federally approved SIP. Using CAA
provisions regarding EPA actions on SIP submittals and general
rulemaking authority, EPA has evaluated this rule and is proposing a
simultaneous limited approval and limited disapproval because, while
strengthening the SIP, this revision does not fully meet the CAA
provisions and regulatory Control Technique Guidelines regarding
regulatory requirements for nonattainment areas.
DATES: Comments must be received on or before January 16, 1998.
ADDRESSES: Comments may be mailed to: Andrew Steckel, Rulemaking
Office, (AIR-4), Air Division, U.S. Environmental Protection Agency,
Region IX, 75 Hawthorne Street, San Francisco, CA, 94105-3901.
Copies of Rule 336 and EPA's evaluation report of the rule are
available for public inspection at EPA's Region 9 office during normal
business hours. Copies of the submitted rule are also available for
inspection at the following locations:
Arizona Department of Environmental Quality, 3003 North Central
Avenue, Phoenix, AZ 85012
Maricopa County Environmental Services Department, 2406 S. 24th
Street, Suite E-214, Phoenix, AZ 85034
FOR FURTHER INFORMATION CONTACT: Jerald S. Wamsley, Rulemaking Office
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105-3901, (415) 744-1226.
SUPPLEMENTARY INFORMATION:
I. Applicability
The rule being proposed for limited approval (and limited
disapproval) into the Arizona SIP is Maricopa County Rule 336, Surface
Coating Operations. This rule was submitted by the Arizona Department
of Environmental Quality (ADEQ) to EPA on February 26, 1997.
II. 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 (see 43 FR
8964; 40 CFR 81.305). On March 19, 1979, EPA changed the name and
modified the geographic boundaries of the ozone nonattainment area to
the Maricopa Association of Governments (MAG) Urban Planning Area (see
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 MAG'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, see 49 FR 18827, May
3, 1984). On May 26, 1988, again EPA notified the Governor of Arizona
that MAG's portion of the 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, see 53 FR
34500, September 7, 1988). On November 15, 1990, the Clean Air Act
Amendments of 1990 were enacted (see Public Law 101-549, 104 Stat.
2399, codified at 42 U.S.C. 7401-7671q.) In amended section
182(a)(2)(A) of the CAA, Congress adopted statutorily 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
[[Page 66041]]
date of enactment. It requires such areas to adopt and correct RACT
rules pursuant to pre-amended section 172(b) as interpreted in pre-
amendment guidance. 1 EPA's SIP-Call used that guidance to
indicate the necessary corrections for specific nonattainment areas.
The MAG Urban Planning Area is classified as serious 2;
therefore, this area was subject to the RACT fix-up requirement and the
May 15, 1991 deadline.
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\1\ Among other things, the pre-amendment 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
document,'' (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 designations 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 56 FR 56694 (November 6, 1991). On November 6, 1997, EPA
published a final rule reclassifying the MAG Urban Planning Area
from moderate to serious (62 FR 60001). This reclassification became
effective on December 8, 1997.
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The State of Arizona submitted RACT rule, Maricopa County, Rule
336--Surface Coating Operations, for incorporation into its SIP on
February 26, 1997. This document addresses EPA's proposed action for
Maricopa County's Rule 336, Surface Coating Operations. Maricopa County
adopted Rule 336 on June 19, 1996. EPA found Rule 336 complete on June
5, 1997 pursuant to EPA's completeness criteria set forth in 40 CFR
part 51 Appendix V 3. Now, EPA proposes a limited approval
and limited disapproval of Rule 336.
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\3\ 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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Rule 336, Surface Coating Operations, reduces volatile organic
compound (VOC) emissions at industrial sites engaged in preparing and
coating a variety of substrates such as metal, paper, film, fabric,
vinyl, and plastic. The provisions of this rule apply to surface
preparation and coating operations in the following industries: Metal
can and coil, metal furniture, large appliances, miscellaneous metal
parts and products, aerospace assembly items and other components,
paper, film, fabric, vinyl, plastic, and other flexible parts and
products. VOCs contribute to the production of ground-level ozone and
smog. Rule 336 was adopted as part of Maricopa County'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. Rule 336 is a new rule adopted by Maricopa County to meet
EPA's SIP-Call and the section 182(a)(2)(A) CAA requirement. EPA's
evaluation and proposed action for Rule 336 follows below.
III. EPA Evaluation and Proposed Action
In reviewing a VOC rule for approval, EPA must evaluate the rule
for consistency with the requirements of the CAA and EPA regulations in
section 110 and part D of the CAA and 40 CFR part 51 (Requirements for
Preparation, Adoption, and Submittal of Implementation Plans). EPA's
interpretation of these requirements, forming the basis for today's
action, appears in the various EPA policy guidance documents listed in
footnote one. 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.
To assist 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
presumptive norms defining RACT for specific source categories. Under
the CAA, Congress ratified EPA's use of these documents and other
Agency policy for requiring States to ``fix-up'' their RACT rules (see
section 182(a)(2)(A)). The following CTGs are applicable to Rule 336:
--``Control of Volatile Organic Emissions from Existing Stationary
Sources Volume II: Surface Coating of Cans, Coils, Paper, Fabrics,
Automobiles, and Light Duty Trucks,'' USEPA, May 1977, EPA-450/2-77-
008;
--``Control of Volatile Organic Emissions from Existing Stationary
Sources Volume III: Surface Coating of Metal Furniture,'' USEPA,
December 1977, EPA-450/2-77-032;
--``Control of Volatile Organic Emissions from Existing Stationary
Sources Volume V: Surface Coating of Large Appliances,'' USEPA,
December 1977, EPA-450/2-77-034; and,
--``Control of Volatile Organic Emissions from Existing Stationary
Sources Volume VI: Surface Coating of Miscellaneous Metal Parts and
Products,'' USEPA, June 1978, EPA-450/2-78-015.
The following Alternative Control Techniques (ACT) document was
consulted for its recommended emission limits and other applicable
provisions:
--``Surface Coating of Automotive/Transportation and Business Machine
Plastic Parts,'' USEPA, EPA 453/R-94-017.
Accordingly, Rule 336 was evaluated for consistency with the
general RACT requirements of the Clean Air Act (CAA section 110 and
part D). Further interpretations of EPA policy are found in the Blue
Book, referred to in footnote one. In general, these guidance documents
have been set forth to ensure that VOC rules are fully enforceable and
strengthen or maintain the SIP.
There is no version of Rule 336--Surface Coating Operations in the
SIP. The submitted rule includes the following provisions:
--A purpose statement,
--Definition of terms,
--Surface coating emission limits expressed in mass of VOC per unit
volume of coating less water and non-precursor organic compounds,
--Emission control system, VOC clean-up, and VOC handling requirements,
--General and specific exemptions,
--Administrative requirements,
--Monitoring and record keeping requirements, and
--Compliance test methods.
Although Rule 336 strengthens the SIP, this rule contains
deficiencies which were required to be corrected pursuant to the
section 182(a)(2)(A) requirement of part D of the CAA. Rule 336's VOC
emission limits conform to the respective CTG or ACT requirement and
the rule contains adequate record keeping and test method provisions
for monitoring the compliance of regulated facilities. However, several
portions of the rule are unclear or contradict the subject CTG.
The following sections should be amended to be consistent with the
applicable CTG and EPA policy:
--Section 306.4, Exemptions, Special Facilities/Operations,
--Section 306.5, Exemptions, Small Sources, and
--Section 402, Administrative Requirements, Minimal Use Days.
Sections 306.4 and 306.5 exempt some source categories in a manner
inconsistent with their applicable CTG. Maricopa County should limit
these exemptions to specific source categories consistent with their
applicable CTG. Also, these sections are inconsistent with the Blue
Book established applicability cut-off of three pounds per hour or
fifteen pounds per day of VOC emissions. Two essential component
concepts of the Blue Book's size cut-off policy are absent from the
rule. First, a source's VOC emissions for comparison to the size cutoff
should be determined
[[Page 66042]]
assuming no add-on controls. Second, once a source's VOC emissions
exceed the size cutoff, that source is subject to the emission control
requirements of the rule, even if those emissions later fall below the
cutoff limit. A more detailed discussion of the rule's deficiencies can
be found in the technical support document for Rule 336 available at
the U.S. EPA, Region 9 office.
Given these deficiencies, the rule is not approvable pursuant to
the section 182(a)(2)(A) of the CAA. Also, EPA cannot grant full
approval of this rule under section 110(k)(3) and part D. Because the
submitted rule is not composed of separable parts which meet all the
applicable requirements of the CAA, EPA cannot grant partial approval
of the rule under section 110(k)(3). However, EPA may grant a limited
approval of the submitted rule under section 110(k)(3) in light of
EPA's authority pursuant to section 301(a) to adopt regulations
necessary to further air quality by strengthening the SIP.
The approval is limited because EPA's action also contains a
simultaneous limited disapproval. To strengthen the SIP, EPA is
proposing a limited approval of Maricopa County's submitted Rule 336
under sections 110(k)(3) and 301(a) of the CAA. At the same time, EPA
is proposing a limited disapproval of this rule because it contains
deficiencies that have not been corrected as required by section
182(a)(2)(A) of the CAA, and, as such, the rule does not fully meet the
requirements of part D of the Act.
Under section 179(a)(2), if the Administrator disapproves a
submission under section 110(k) for an area designated nonattainment,
based on the submission's failure to meet one or more of the elements
required by the Act, the Administrator must apply one of the sanctions
set forth in section 179(b) unless the deficiency has been corrected
within eighteen months of such disapproval. Section 179(b) provides two
sanctions available to the Administrator: highway funding and emission
offsets. The eighteen month period referred to in section 179(a) will
begin on the effective date of EPA's final limited disapproval. Also,
the final disapproval triggers the Federal implementation plan (FIP)
requirement under section 110(c). It should be noted that the rule
covered by this proposed rule making has been adopted by Maricopa
County and is in effect. EPA's final limited disapproval action will
not prevent Maricopa County, the State of Arizona, or EPA from
enforcing this rule.
Nothing in this action should be construed as permitting, 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.
IV. Administrative Requirements
A. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
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 section 110 and subchapter I, part D of the
Clean Air Act 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, the
Administrator certifies 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 flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
private sector, of $100 million or more. Under section 205, EPA must
select the most cost-effective and least burdensome alternative that
achieves the objectives of the rule and is consistent with statutory
requirements. Section 203 requires EPA to establish a plan for
informing and advising any small governments that may be significantly
or uniquely impacted by the rule.
EPA has determined that the approval action proposed does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
Federal requirements. Accordingly, no additional costs to State, local,
or tribal governments, or to the private sector, result from this
action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental relations, Ozone, Reporting and recordkeeping
requirements, Volatile organic compound.
Authority: 42 U.S.C. 7401-7671q.
Dated: December 5, 1997.
Felicia Marcus,
Regional Administrator.
[FR Doc. 97-32786 Filed 12-16-97; 8:45 am]
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