Approval and Promulgation of Air Quality Implementation Plans; Connecticut; VOC RACT Catch-Ups

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CT-17-1-6536; A-1-FRL-5103-9]

Approval and Promulgation of Air Quality Implementation Plans;

Connecticut; VOC RACT Catch-Ups

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Revisions to the State Implementation Plan (SIP) for the State

of Connecticut were received by the Environmental Protection Agency

(EPA) on January 5, 1994. The intended effect of the revisions was to

change three regulations and to add one regulation, all of which

require the implementation of reasonably available control technology

(RACT) for certain sources of volatile organic compounds (VOCs), as

required by the Clean Air Act, as amended in 1990 (the Act). The EPA

has evaluated these modifications to Connecticut's regulations and by

this notice is proposing to approve the changes to the three existing

regulations as part of the SIP. EPA is also proposing a limited

approval/limited disapproval of the new regulation.

DATES: Comments must be received on or before December 9, 1994. Public

comments on this document are requested and will be considered before

taking final action on this SIP revision.

ADDRESSES: Comments may be mailed to Linda M. Murphy, Director, Air,

Pesticides and Toxics Management Division, U.S. Environmental

Protection Agency, Region I, JFK Federal Bldg., Boston, MA 02203-2211.

Copies of the State submittal and EPA's technical support document are

available for public inspection during normal business hours, by

appointment at the Air, Pesticides and Toxics Management Division, U.S.

Environmental Protection Agency, Region I, One Congress Street, 10th

floor, Boston, MA and the Bureau of Air Management, Department of

Environmental Protection, State Office Building, 79 Elm Street,

Hartford, CT 06106-1630.

FOR FURTHER INFORMATION CONTACT: Steven A. Rapp, (617) 565-9024.

SUPPLEMENTARY INFORMATION: On January 5, 1994, the Connecticut DEP

submitted a revision to its SIP. The revision consists of changes made

pursuant to the requirements of Sec. 182(b)(2) of the Act to the

following Connecticut Regulations for the Abatement of Air Pollution:

Secs. 22a-174-20(s), Miscellaneous Metal Parts and Products,

Secs. 22a-174-20(v), Graphic Arts Rotogravures and Flexography,

Secs. 22a-174-20(ee), Reasonably Available Control Technology for Large

Sources, and

Sec. 22a-174-32, Reasonably Available Control Technology for Volatile

Organic Compounds.

I. Background

Under the pre-amended Clean Air Act (i.e., the Clean Air Act before

the enactment of the amendments of November 15, 1990), ozone

nonattainment areas were required to adopt RACT rules for sources of

VOC emissions. EPA issued three sets of control technique guideline

(CTG) documents, establishing a ``presumptive norm'' for RACT for

various categories of VOC sources. The three sets of CTGs were: (1)

Group I--issued before January 1978 (15 CTGs); (2) Group II--issued in

1978 (9 CTGs); and (3) Group III--issued in the early 1980's (5 CTGs).

Those sources not covered by a CTG were called non-CTG sources. EPA

determined that the area's SIP-approved attainment date established

which RACT rules the area needed to adopt and implement. Under Section

172(a)(1), ozone nonattainment areas were generally required to attain

the ozone standard by December 31, 1982. Those areas that submitted an

attainment demonstration projecting attainment by that date were

required to adopt RACT for sources covered by the Group I and II CTGs.

Those areas that sought an extension of the attainment date under

Section 172(a)(2) to as late as December 31, 1987 were required to

adopt RACT for all CTG sources and for all major (i.e., 100 ton per

year or more of VOC emissions) non-CTG sources.

Under the pre-amended Clean Air Act, Connecticut was designated as

nonattainment for ozone and sought an extension of the attainment date

under Section 172(a)(2) to December 31, 1987. Therefore, the State was

required to adopt RACT for all CTG sources and for all major (i.e., 100

ton per year or more of VOC emissions) non-CTG sources. However, the

State of Connecticut did not attain the ozone standard by the approved

attainment date. On May 25, 1988, EPA notified the Governor of

Connecticut that portions of the SIP were inadequate to attain and

maintain the ozone standard and requested that deficiencies in the

existing SIP be corrected (EPA's SIP-Call). On November 15, 1990,

amendments to the Clean Air Act were enacted. Pub. L. 101-549, 104

Stat. 2399, codified at 42 U.S.C. Secs. 7401-7671q. In Section

182(a)(2)(A) of the amended Act, Congress adopted the requirement that

pre-enactment ozone nonattainment areas that retained their designation

of nonattainment and were classified as marginal or above fix their

deficient RACT rules for ozone by May 15, 1991. All of Connecticut,

with the exception of the portion of Connecticut located in the New

York-New Jersey-Long Island Consolidated Statistical Metropolitan Area

(NY-NJ-CT CMSA), was classified as serious nonattainment for ozone. The

remaining portion of the State, i.e., the Connecticut portion of the

NY-NJ-CT CMSA, was classified as severe nonattainment for ozone. 56 FR

56694 (Nov. 6, 1991). The State submitted revisions to meet the RACT

fix-up requirement and EPA approved those revisions to the Connecticut

SIP on October 18, 1991 (56 FR 52205).

Section 182(b)(2) of the amended Act requires States to adopt RACT

rules for all areas designated nonattainment for ozone and classified

as moderate or above. There are three parts to the Section 182(b)(2)

RACT requirement: (1) RACT for sources covered by an existing CTG--

i.e., a CTG issued prior to the enactment of the 1990 amendments to the

Act; (2) RACT for sources covered by a post-enactment CTG; and (3) all

major sources not covered by a CTG, i.e., non-CTG sources. This RACT

requirement applies to nonattainment areas that were previously exempt

from certain RACT requirements to ``catch up'' to those nonattainment

areas that became subject to such requirements during an earlier

period. In addition, it requires newly designated ozone nonattainment

areas to adopt RACT rules consistent with those for previously

designated nonattainment areas.

Since Connecticut was previously required to adopt RACT regulations

for all the CTG and major non-CTG sources to meet the RACT ``catch-up''

requirement, the State did not need to adopt any additional RACT rules.

However, under Section 182 of the Act, the major source definition for

serious and severe nonattainment areas was lowered to include sources

that have a potential to emit greater than 50 or greater than 25 tons

per year of VOC, respectively. Therefore, the State needed to lower the

applicability cutoff of its non-CTG and/or relevant CTG-based

regulations to include newly classified major sources in these

categories.

VOCs contribute to the production of ground level ozone and smog.

These rules were adopted as part of an effort to achieve the National

Ambient Air Quality Standard (NAAQS) for ozone. The following is EPA's

evaluation and proposed action for the changes to Connecticut's

Regulations for the Abatement of Air Pollution, subsection 22a-174-

20(s), subsection 22a-174-20(v), subsection 22a-174-20(ee), and Section

22a-174-32.

II. 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 Act and EPA

regulations, as found in section 110 and Part D of the Act and 40 CFR

Part 51 (Requirements for Preparation, Adoption, and Submittal of

Implementation Plans). EPA's interpretation of these requirements,

which forms the basis for today's action, appears in various EPA policy

guidance documents. The specific guidance relied on for this action is

referenced within the technical support document and this notice. For

the purpose of assisting State and local agencies in developing RACT

rules, EPA prepared a series of CTG documents. The CTGs are based on

the underlying requirements of the Act and specify presumptive norms

for RACT for specific source categories. EPA has not yet developed CTGs

to cover all sources of VOC emissions. Further interpretations of EPA

policy are found in, but not limited to, the following: (1) The

proposed Post-1987 ozone and carbon monoxide policy, 52 FR 45044

(November 24, 1987); (2) the document entitled, ``Issues Relating to

VOC Regulation Cutpoints, Deficiencies, and Deviations, Clarification

to Appendix D of November 24, 1987 Federal Register Notice,'' otherwise

known as the ``Blue Book'' (notice of availability was published in the

Federal Register on May 25, 1988 and in the existing CTGs); and (3) the

``Model Volatile Organic Compound Rules for Reasonably Available

Technology,'' (Model VOC RACT Rules) issued as a staff working draft in

June of 1992. In general, these guidance documents have been set forth

to ensure that VOC rules are fully enforceable and strengthen or

maintain the SIP. The changes to Connecticut's VOC regulations that

were included in the January 5, 1994 submittal are briefly summarized

below.

Subsection 22a-174-20(s)

This regulation was amended to include an exemption for

noncompliant coatings used in amounts less than 55 gallons in the

aggregate for any consecutive 12 month period at a miscellaneous metal

parts facility. The change is consistent with EPA's August 10, 1990

policy memorandum from G. T. Helms, Chief of the Ozone/Carbon Monoxide

Programs Branch of the Office of Air Quality Planning and Standards,

entitled, ``Exemption for Low-Use Coatings.'' Section 193 of the Clean

Air Act (i.e., the General Savings Clause), requires that any

regulation in effect before the date of the enactment of the Clean Air

Act Amendments of 1990 in any nonattainment area may only be modified

if the modification insures equivalent or greater reductions of the

same pollutant. Although the proposed change to 22a-174-20(s)

represents a small relaxation of an existing control requirement, the

requirements of Section 193 are met by the reductions resulting from

other changes being proposed in this notice.

Subsection 22a-174-20(v)

This regulation was amended to define RACT for graphic arts sources

with potential emissions from all printing operations of 50 tons or

more per year in the serious ozone nonattainment area or, 25 tons or

more per year in the severe ozone nonattainment area, which were not

previously subject to the rule. The adopted regulation maintains the

applicability of any printing line with actual emissions of 40 pounds

or more per day. This change is consistent with the requirements of

Section 182 of the Act.

Subsection 22a-174-20(ee)

Most of this subsection has been deleted and replaced with a

reference to the new Section 32, entitled,''Reasonably Available

Control Technology for Volatile Organic Compounds.'' The amended

regulation removes the previous major source limits on applicability

and refers all sources of VOC to Section 32. Sources previously subject

to 22a-174-20(ee) that have enforceable consent orders or permits which

currently define RACT at those facilities will continue to be regulated

by those orders until Connecticut decides otherwise.

Section 22a-174-32

For major non-CTG sources of VOCs, the addition of this section

sets forth both presumptive RACT norms and processes by which RACT can

be established for those sources that cannot meet the presumptive

norms. However, Section 182(b)(2) of the Clean Air Act requires that a

SIP revision be submitted by November 15, 1992 including ``provisions

to require the implementation of reasonably available control

technology * * *'' In addition, the necessary SIP revision is required

to ``provide for the implementation of the required measures as

expeditiously as practicable but no later than May 31, 1995.'' Since

the first two options of Section 22a-174-32 define presumptive norms

for RACT, and are consistent with EPA's Model VOC RACT Rules for

``Other Facilities that Emit Volatile Organic Compounds,'' that portion

of the regulation meets the requirements of Section 182 and is

approvable. However, since the third and fourth options describe a

process by which RACT can be defined but do not specifically define

RACT for each source to which such options apply, that portion of the

rule is not approvable. Therefore, EPA is proposing a limited approval/

limited disapproval of Section 22a-174-32. To receive full approval,

Connecticut will need to define explicitly, and have approved by EPA,

RACT for all of those sources which do not conform to the presumptive

RACT options outlined in the regulation. Alternatively, if it is

determined that none of the affected sources will rely on the third or

fourth process options contained in the rule to implement RACT, Section

22a-174-32 can be fully approved upon Connecticut making such a

demonstration.

Proposed Action

EPA has evaluated Connecticut's submittal for consistency with the

Act, EPA regulations, and EPA policy. EPA has determined that the

changes made to subsection 22a-174-20(s), subsection 22a-174-20(v), and

subsection 22a-174-20(ee) of Connecticut's Regulations for the

Abatement of Air Pollution meet the requirements of the Act. Therefore,

EPA is proposing approval under Section 110(k)(3) of those changes.

However, EPA has determined that the proposed Section 22a-174-32

does not meet all of the Act's requirements for the reasons described

above. EPA believes that approval of the submitted rule will strengthen

the SIP but because of the above-mentioned deficiencies, the rule does

not meet the requirements of Section 182(b)(2) of the CAA. In light of

such deficiencies, EPA cannot grant full approval of this rule under

section 110(k)(3) and Part D. However, EPA may grant a limited approval

of the submitted rule under Section 110(k)(3) and 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 includes a limited disapproval, due to the fact that

this rule does not meet the requirement of Section 182(b)(2) because of

the deficiencies noted above. Thus, in order to strengthen the SIP, EPA

is proposing a limited approval of Connecticut's submitted Section 22a-

174-32 under Section 110(k)(3) and 301(a) of the CAA.

As stated, EPA is also proposing a limited disapproval of this rule

under Sections 110(k)(3) and 301(a) of the Act because the rule

contains deficiencies that have not been corrected as the Act requires.

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 18

months of such disapproval. Section 179(b) provides two sanctions

available to the Administrator: highway funding and offsets. The 18-

month period referred to in Section 179(a) will begin at the effective

date established in this limited disapproval. Moreover, the final

disapproval triggers the federal implementation plan (FIP) requirement

under section 110(c).

EPA's evaluation of all the submitted regulations is detailed in a

memorandum, dated June 2, 1994 entitled ``Technical Support Document--

Connecticut--VOC RACT Catch-ups.'' Copies of that document are

available, upon request, from the EPA Regional Office listed in the

ADDRESSES section of this action. Interested parties may participate in

the Federal rulemaking procedure by submitting written comments to the

EPA Regional office listed in the ADDRESSES section of this action.

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.

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. A future notice will inform the general public of

these tables. The Office of Management and Budget has exempted this

action from review under Executive Order 12866.

Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 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. Secs. 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 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, 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

Act 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. Sec. 7410(a)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental regulations, Ozone,

Reporting and recordkeeping requirements, Volatile organic compounds.

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

Dated: October 6, 1994.

John P. Devillars,

Regional Administrator, Region I.

[FR Doc. 94-27684 Filed 11-8-94; 8:45 am]

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