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

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:

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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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