Approval and Promulgation of Implementation Plans; Arizona State Implementation Plan Revision, Maricopa County Environmental Services Department

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AZ 43-1-6868; FRL-5264-6]

Approval and Promulgation of Implementation Plans; Arizona State

Implementation Plan Revision, Maricopa County Environmental Services

Department

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: EPA is proposing to approve revisions to the Arizona State

Implementation Plan (SIP) which concern the control of volatile organic

compound (VOC) emissions from rubber sports ball manufacturing and

metal casting operations.

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 this notice of proposed rulemaking (NPRM) will incorporate these

rules 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 August 25, 1995.

ADDRESSES: Comments may be mailed to: Daniel A. Meer, Rulemaking

Section [A-5-3], Air and Toxics Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.

Copies of the rules 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 rules are also available for

inspection at the following locations:

Arizona Department of Environmental Quality, 3033 North Central Avenue,

Phoenix, AZ 85012;

Maricopa County Department of Environmental Services, 2406 South 24th

Street, Suite E-204, Phoenix, AZ 85034-6822.

FOR FURTHER INFORMATION CONTACT: Duane F. James, Rulemaking Section (A-

5-3), Air and Toxics Division, U.S. Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901, (415)

744-1191.

SUPPLEMENTARY INFORMATION:

Applicability

The rules being proposed for approval into the Arizona SIP include:

Maricopa County Environmental Services Department's (MCESD's) Rule 334,

``Rubber Sports Ball Manufacturing,'' and Rule 341, ``Metal Casting.''

These rules were submitted by the Arizona Department of Environmental

Quality to EPA on August 16, 1994 (Rule 341) and December 19, 1994

(Rule 334).

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 the Maricopa County Area.

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 MCESD'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 MCESD'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(b)(2)(C) of the CAA, Congress statutorily required nonattainment

areas to submit RACT rules for all major stationary sources of VOCs by

November 15, 1992 (the RACT catch-up requirement).

The MAG Urban Planning Area is classified as moderate; 1

therefore, this area was subject to the RACT catch-up requirement and

the November 15, 1992 deadline.2

\1\ 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).

\2\ Arizona did not make the required SIP submittal by November

15, 1992. On January 15, 1993, the EPA made a finding of

nonsubmittal pursuant to section 179(a)(1), which started an 18-

month sanction clock. The rules being acted upon in this NPRM were

submitted in response to the EPA finding of failure to submit.

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The State of Arizona submitted many revised RACT rules for

incorporation into its SIP on August 16, 1994, and December 19, 1994,

including the rules being acted on in this document. This document

addresses EPA's proposed action for MCESD's Rule 334, ``Rubber Sports

Ball Manufacturing,'' and Rule 341, ``Metal Casting.'' The MCESD

adopted Rule 334 on September 20, 1994, and Rule 341 on August 5, 1994.

These submitted rules were found to be complete on August 16, 1994

(Rule 341) and January 19, 1995 (Rule 334) 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.

\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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Rules 334 and 341 control VOC emissions from rubber sports ball

manufacturing and metal casting operations by restricting the VOC

content of materials used in these operations or by requiring emission

control systems. VOCs contribute to the production of ground-level

ozone and smog. The rules were adopted as part of the 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(b)(2)(C) 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

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guidance documents.4 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.

\4\ 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

Notice'' (Blue Book) (notice of availability was published in the

Federal Register on May 25, 1988); and the existing control

technique guidelines (CTG's).

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

``catch-up'' their RACT rules. See section 182(b)(2). For some

categories, such as rubber sports ball manufacturing and metal casting,

EPA did not publish a CTG. In such cases, the state and local agencies

may determine what controls are required by reviewing the operation of

facilities subject to the regulation and evaluating regulations for

similar sources in other areas. Therefore, the MCESD must determine the

VOC control measures that are reasonable and available for the affected

sources. Further interpretations of EPA policy are found in the Blue

Book, referred to in footnote 4. In general, these guidance documents

have been set forth to ensure that VOC rules are fully enforceable and

strengthen or maintain the SIP.

MCESD's Rule 334, ``Rubber Sports Ball Manufacturing,'' is a new

rule that limits the VOCs from the manufacture of rubber sport balls.

Compliance with the rule is obtained through one of two methods: (1)

The use of adhesives with a VOC content of 288 grams per liter (2.4

lbs/gal), less water and exempt compounds, or (2) the use of an

emission control system with an overall efficiency (capture and

control) of at least 81%. Records are explicitly required for all

operations, including any that are exempt from the emission standards

of the rule due to low usage. All records must be maintained for at

least 3 years. Good engineering practices are required for operations,

including the proper storage and disposal of VOC materials. The test

methods referenced are all EPA approved, and there are no provisions

for alternative methods. The rule required final compliance by May 31,

1995. Rule 334 is expected to achieve VOC reductions of at least 856

tpy. A more detailed discussion of the source controlled, the controls

required, and the justification for why these controls represent RACT

can be found in the Technical Support Document (TSD) for Rule 334,

dated March 27, 1995.

MCESD's Rule 341, ``Metal Casting,'' is a new rule that limits the

emissions of VOCs from metal investment-casting operations. In metal

investment-casting, a solvent such as ethanol is used to bind the

grains of sand together until the silicate components are kiln-fired at

1800 deg.F and fused into a permanent mold. Compliance with the rule is

obtained through one of three methods: (1) The use of an emission

control system with an overall efficiency (capture and control) of at

least 81%, (2) the use of binder materials with a VOC content of 420

grams VOC per liter (3.5 lbs/gal), less water and exempt compounds, or

(3) the use of binder materials such that their daily-weighted average

does not exceed a VOC content of 420 grams VOC per liter (3.5 lbs/gal),

less water and exempt compounds. Records are explicitly required for

all operations, including any that are exempt from the emission

standards of the rule due to low usage. All records must be maintained

for at least 3 years. Good engineering practices are required for

operations, including the proper storage and disposal of VOC materials.

The test methods referenced are all EPA approved, and there are no

provisions for alternative methods. The rule required final compliance

by September 1, 1994. Rule 341 is expected to achieve VOC reductions of

at least 271 tpy. A more detailed discussion of the source controlled,

the controls required, and the justification for why these controls

represent RACT can be found in the TSD for Rule 341, dated March 27,

1995.

EPA has evaluated the submitted rules and has determined that they

are consistent with the CAA, EPA regulations, and EPA policy.

Therefore, MCESD's Rule 334, ``Rubber Sports Ball Manufacturing,'' and

Rule 341, ``Metal Casting,'' 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. Section 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).

Unfunded Mandates

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector, or to

State, local, or tribal governments in the aggregate.

Through submission of this state implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under Section 182(b)(2)(C) of

the Clean Air Act. These rules may bind State, local and tribal

governments to perform certain actions and also require the private

sector to perform certain duties. To the extent that the rules being

proposed for approval by this action would impose no new requirements;

such sources are already subject to these regulations under State law.

Accordingly, no additional costs to State, local, or tribal

governments, or to the private sector, result from this action. EPA has

also determined that this proposed or action

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does not include a mandate that may result in estimated costs of $100

million or more to State, local, or tribal governments in the aggregate

or to the private sector.

The OMB has exempted this action 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, Volatile organic compound.

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

Dated: July 10, 1995.

Felicia Marcus,

Regional Administrator.

[FR Doc. 95-18371 Filed 7-25-95; 8:45 am]

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