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

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.

-----------------------------------------------------------------------

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.

---------------------------------------------------------------------------

\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.

---------------------------------------------------------------------------

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.

---------------------------------------------------------------------------

\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).

---------------------------------------------------------------------------

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