[Federal Register Volume 62, Number 242 (Wednesday, December 17, 1997)]
[Proposed Rules]
[Pages 66043-66046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32929]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AZ 017-0004; FRL-5936-4]


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 to approve revisions to the Arizona State 
Implementation Plan (SIP) that concern the control of volatile organic 
compound (VOC) emissions from solvent cleaning, petroleum solvent dry 
cleaning, rubber sports ball manufacturing, graphic arts, semiconductor 
manufacturing, vegetable oil extraction processes, wood furniture and 
fixture coating, wood millwork coating, and loading of organic liquids.
    The intended effect of proposing approval of these rules is to 
regulate emissions of VOCs in accordance with the requirements of the 
Clean Air Act, as amended in 1990 (CAA or the Act). EPA's final action 
on these proposed rules will incorporate them into the federally 
approved SIP. EPA has evaluated each of these 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 January 16, 1998.

ADDRESSES: Comments may be mailed to: Rulemaking Office, [AIR-4], Air 
Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105-3901.
    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, 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: Andrew Steckel, Chief, Rulemaking 
Office (AIR-4), Air Division, U.S. Environmental Protection Agency, 
Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901, (415) 
744-1185.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The rules being proposed for approval into the Arizona SIP include: 
Maricopa County Environmental Services Department, Technical Services 
Division (MCESD) Rules 331--Solvent Cleaning, 333--Petroleum Solvent 
Dry Cleaning, 334--Rubber Sports Ball Manufacturing, 337--Graphic Arts, 
338--Semiconductor Manufacturing, 339--Vegetable Oil Extraction 
Processes, 342--Coating Wood Furniture and Fixture, 346--Coating Wood 
Millwork, and 351--Loading of Organic Liquids. These rules were 
submitted by the Arizona Department of Environmental Quality (ADEQ) to 
EPA on February 4, 1993 (Rule 339), August 31, 1995 (Rule 351), 
February 26, 1997 (Rules 331, 333, 334, 336, and 338) and March 4, 1997 
(Rules 342, 337, and 346) respectively.

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), which included Maricopa County (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 (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, 49 FR 18827, May 3, 
1984). On May 26, 1988, EPA again 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, 53 FR 34500, 
September 7, 1988). 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. In amended section 182(a)(2)(A) of the CAA, 
Congress statutorily adopted the requirement that nonattainment areas 
fix their deficient reasonably available control technology (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-amendment 
guidance.1 EPA's SIP-Call used that

[[Page 66044]]

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 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 
amendments. 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 (FR 62 60001). This reclassification became 
effective on December 8, 1997.
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    The State of Arizona submitted several RACT rules for incorporation 
into its SIP on February 4, 1993, August 31, 1995, February 26, 1997 
and March 4, 1997, including the rules being acted on in this document. 
This document addresses EPA's proposed action for MCESD Rules 331--
Solvent Cleaning, 333--Petroleum Solvent Dry Cleaning, 334--Rubber 
Sports Ball Manufacturing, 337--Graphic Arts, 338--Semiconductor 
Manufacturing, 339 Vegetable Oil Extraction Processes, 342--Coating 
Wood Furniture and Fixtures, 346--Coating Wood Millwork , and 351--
Loading of Organic Liquids. MCESD adopted Rules 331, 333, 334 and 338 
on June 19, 1996; Rule 339 on November 16, 1992; Rules 337, 342 and 346 
on November 20, 1996 and Rule 351 on February 15, 1995. These submitted 
rules were found to be complete on March 10, 1993 (Rule 339), October 
25, 1995 (Rule 351) and June 5, 1997 (Rules 331, 333, 334, 337, 338, 
342 and 346, pursuant to EPA's completeness criteria that are set forth 
in 40 CFR part 51, appendix V 3 and are being proposed for 
approval into the SIP.
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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 331 limits the emissions of volatile organic compounds (VOCs) 
from surface cleaning and degreasing operations, Rule 333 controls 
emissions of VOCs from petroleum solvent dry cleaning operations, Rule 
334 limits emission of VOCs from natural and synthetic rubber adhesives 
used in the manufacture of non-inflatable rubber balls, Rule 337 limits 
emissions of VOCs from screen, gravure, letterpress, flexographic and 
lithographic printing processes, including related coating and 
laminating processes, Rule 338 limits emissions of VOCs from 
semiconductor manufacturing, Rule 339 limits the emissions of VOCs from 
the extraction of vegetable oil using solvents, Rule 342 controls the 
emissions of VOC's emanating from applying finishing materials to 
furniture or fixtures made of wood or wood derived materials, Rule 346 
limits VOC emissions from the surface preparation and coating of wood 
millwork, such as shutters, doors, windows and their associated 
woodwork, and Rule 351 controls emissions of VOCs from organic liquid 
loading operations at bulk plants and bulk terminals. VOCs contribute 
to the production of ground-level ozone and smog. The rules were 
adopted as part of MCESD'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.

III. 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 amendments, 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 CTG 
applicable to Rule 331 is entitled, ``Control of Volatile Organic 
Emissions From Solvent Metal Cleaning,'' EPA-450/2-77-022; the CTG 
applicable to Rule 333 is entitled, ``Control of Volatile Organic 
Compound Emissions from Large Petroleum Dry Cleaners,'' EPA-450/3-82-
009; the CTG applicable to Rule 337 is entitled, ``Control of Volatile 
Organic Emissions from Existing Stationary Sources--Volume VIII: 
Graphic Arts--Rotogravure and Flexography,'' EPA-450/2-78-033; the CTG 
applicable to Rule 342 is entitled, ``Control of Volatile Organic 
Compound Emissions from Wood Furniture Manufacturing Operations'' EPA-
453/R-96-007; and the CTGs applicable to Rule 351 are entitled, 
``Control of Volatile Organic Emissions from Bulk Gasoline Plants,'' 
EPA-450/2-77-035 and ``Control of Hydrocarbons from Tank Truck Gasoline 
Loading Terminals,'' EPA-450/2-77-026. Rules 334, 338, 339 and 346 
control emissions from source categories for which EPA has not issued 
CTGs. Accordingly these rules were 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 1. In general, these guidance documents 
have been set forth to ensure that VOC rules are fully enforceable and 
strengthen or maintain the SIP.
    On February 1, 1996, EPA approved into the SIP a version of MCESD's 
Rule 331--Solvent Cleaning that had been adopted by MCESD on June 22, 
1992. MCESD's submitted Rule 331--Solvent Cleaning includes the 
following changes from the current SIP:
     Increased the record retention time from 3 years to 5 
years,
     Added the requirement to maintain a current list of 
solvents stating the VOC content in lbs/gal or g/l,
     Added the requirement to keep monthly records of make-up 
solvents added and other VOC containing materials used.
    On February 1, 1996, EPA approved into the SIP a version of Rule 
333--Petroleum Solvent Dry Cleaning that had been adopted by MCESD on 
June 22, 1992. MCESD's submitted Rule 333--Petroleum Solvent Dry 
Cleaning includes the following significant changes from the current 
SIP:
     Increased the record retention period from 3 years to 5 
years,
     Requires the maintenance of a current list of solvents and 
any other VOC containing materials, including the VOC content of each 
in lbs/gal or g/l.
     Requires monthly records of the weight of clothing 
cleaned, the amount of solvent used, and the weight and type of any 
material disposed that contains any amount of cleaning solvents. The 
name of the company receiving such material must also be recorded.
    On February 12, 1996, EPA approved into the SIP a version of Rule 
334--Rubber Sports Ball Manufacturing, that had been adopted by MCESD 
on September 20, 1994. MCESD's submitted Rule 334--Rubber Sports Ball

[[Page 66045]]

Manufacturing includes the following significant changes from the 
current SIP:
     Replaced daily cutoff of 300 lbs VOC with monthly cutoff 
of 8333 lbs,
     Increased the record retention period from 3 years to 5 
years,
     Decreased frequency from daily to monthly for usage 
records of adhesives, solvents, and other VOC containing materials.
    On September 5, 1995, EPA approved into the SIP a version of Rule 
337--Graphic Arts that had been adopted by MCESD on April 6, 1992. 
MCESD's submitted Rule 337--Graphic Arts includes the following 
significant changes from the current SIP:
     Added a definition for capture efficiency,
     Establishes time phased lowering of VOC limits for 
fountain solutions and establishes VOC limits for fountain solutions 
refrigerated below 60 deg.F,
     Establishes time phased lowering of vapor pressure of 
cleaning solutions,
     Allows monthly recordkeeping on presses which do not use 
alcohol in their fountain solution, provided they emit less than 25 
tons of VOC per year,
     Increases the record retention period from 3 years to 5 
years.
    There is currently no version of MCESD's Rule 338--Semiconductor 
Manufacturing in the SIP. The submitted rule includes the following 
provisions:
     Requires facilities that emit more than 25 tons per year 
(tpy) of VOC from negative photoresist operations to vent the emissions 
to a control system with an overall control efficiency of at least 80%,
     Requires facilities that emit more than 50 tpy of VOC from 
positive photoresist operations to vent the emissions to a control 
system with an overall control efficiency of at least 80%,
     Provides an exemption for positive photoresist operations 
that use liquids that use less than 10% VOC by weight and never exceed 
a temperature of 104 deg.F,
     Requires an operation and maintenance plan specifying key 
system operating parameters for the emission control system,
     Requires the use of closed containers for storing VOC 
containing material,
     Requires monthly usage records of all VOC containing 
material,
     Requires equipment operating records.
    There is currently no version of MCESD's Rule 339--Vegetable Oil 
Extraction Processes in the SIP. The submitted rule includes the 
following provisions:
     Establishes a monthly VOC limit of 2.5 pounds per ton of 
processed seeds for any consecutive 30 day period of operation, and a 
weekly VOC limit of 3.0 pounds of VOC per ton of processed seeds for 
any 7 consecutive days of operation,
     Requires that VOC emissions from any extractor or 
desolventizer-toaster be controlled by a condenser and mineral-oil 
scrubber with an overall control efficiency of at least 90% by weight,
     Requires that the desolventizer-toaster discharge conveyor 
is vented to a mineral oil scrubber with an overall control efficiency 
of 90% by weight,
     Requires an operation and maintenance plan specifying key 
system operating parameters for the emission control system,
     Requires monthly inspection of equipment in solvent 
service for gaseous and liquid leaks and the keeping of a permanent 
leak detection and repair notebook,
     Requires daily recordkeeping.
    There is currently no version of MCESD's Rule 342--Coating Wood 
Furniture and Fixture in the SIP. The submitted rule includes the 
following provisions:
     A purpose and applicability definition,
     Definition of terms,
     VOC standards consistent with the CTG expressed in grams 
per liter as well as pounds per pound of solids,
     A schedule of compliance for sources emitting in excess of 
50 tpy,
     A limitation of conventional air-atomized spray and other 
spray methods,
     Process equipment operation and maintenance requirements,
     Procedures for the handling and disposing of VOC 
containing material,
     Labeling requirement of VOC containing storage containers,
     Monitoring and record keeping requirements,
     Compliance test methods,
     An appendix describing the averaging provisions.
    There is currently no version of MCESD's Rule 346--Coating Wood 
Millwork in the SIP. The submitted rule includes the following 
provisions:
     A purpose and applicability definition,
     Definition of terms,
     VOC limits of coatings used on wood millwork,
     VOC trade-off options;
    (1) lower VOC topcoat and unlimited VOC sealer
    (2) lower VOC sealer and higher VOC topcoat
    (3) single application finish,
     Allows alternative control by means of an emission control 
system,
     Allows an exemption for sources emitting less than 2 tons 
per year of VOC,
     A limitation of conventional air-atomized spray and other 
spray methods,
     Process equipment operation and maintenance requirements,
     Procedures for the handling and disposing of VOC 
containing material,
     Labeling requirement of VOC containing storage containers,
     Monitoring and record keeping requirements,
     Compliance test methods.
    On April 6, 1992 EPA, approved into the SIP a version of MCESD's 
Rule 351--Loading of Organic Liquids that had been adopted by MCESD on 
April 6, 1992. MCESD's submitted Rule 351--Loading of Organic Liquids 
includes the following significant changes from the current SIP:
     Section 401 discussing equipment leak provisions has been 
reformatted, and a requirement to maintain a logbook for monthly leak 
inspections has been added,
     Section 503 now requires that all records be retained for 
3 years.
    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, MCESD Rules 331--Solvent Cleaning Operations, 333--Petroleum 
Solvent Dry Cleaning, 334--Rubber Sports Ball Manufacturing, 337--
Graphic Arts, 338--Semiconductor Manufacturing, 339 Vegetable Oil 
Extraction Processes, 342--Wood Furniture and Fixture Coating, 346--
Wood Millwork Coating, and 351--Loading of Organic Liquids 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.

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,

[[Page 66046]]

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 9, 1997.
Felicia Marcus,
Regional Administrator, Region IX.
[FR Doc. 97-32929 Filed 12-16-97; 8:45 am]
BILLING CODE 6560-50-P