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

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.

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(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.

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[FR Doc. 94-27075 Filed 10-31-94; 8:45 am]

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