94-5615. Approval and Promulgation of Implementation Plans; Arizona State Implementation Plan Revision, Maricopa County Air Pollution Control Division  

  • [Federal Register Volume 59, Number 47 (Thursday, March 10, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-5615]
    
    
    [[Page Unknown]]
    
    [Federal Register: March 10, 1994]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 52
    
    [AZ17-1-6090; FRL-4847-9]
    
     
    
    Approval and Promulgation of Implementation Plans; Arizona State 
    Implementation Plan Revision, Maricopa County Air Pollution Control 
    Division
    
    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) adopted by the Maricopa County Air Pollution 
    Control Division (MCAPCD) on April 6, 1992 and November 16, 1992. The 
    Arizona Department of Environmental Quality (DEQ) submitted these 
    revisions to EPA on June 29, 1992 and February 4, 1993. The revisions 
    concern MCAPCD's Rule 350, Storage of Organic Liquids at Bulk Plants 
    and Terminals; Rule 351, Loading of Organic Liquids; Rule 352, Gasoline 
    Delivery Vessels, and a new rule, Rule 337, Graphic Arts. These rules 
    control volatile organic compound (VOC) emissions from printing 
    materials, and from the storage, loading, and transport of organic 
    liquids including gasoline. 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 (NPR) 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 April 11, 1994.
    
    ADDRESSES: Comments may be mailed to: Daniel A. Meer, Chief, 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 North Central 
    Avenue, Phoenix, AZ 85012.
        Maricopa County Air Pollution Control Division, 2406 South 24th 
    Street, suite E-214, Phoenix, AZ 85034.
    
    FOR FURTHER INFORMATION CONTACT: William Davis, 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) 744-1183.
    
    SUPPLEMENTARY INFORMATION:
    
    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 Country 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 MCAPCD'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 MCAPCD'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. 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 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 
    moderate2; therefore, this area was 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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        The State of Arizona submitted several revised RACT rules for 
    incorporation into its SIP on June 29, 1992 and February 4, 1993, 
    including the rules being acted on in this document. This document 
    addresses EPA's proposed action for MCAPCD's Rule 350, Storage of 
    Organic Liquids at Bulk Plants and Terminals; Rule 351, Loading of 
    Organic Liquids; Rule 352, Gasoline Delivery Vessels; and Rule 337, 
    Graphic Arts. The submitted Rules 350, 351, and 337 were found to be 
    complete on September 8, 1992, while Rule 352 was found to be complete 
    on March 10, 1993, pursuant to EPA's completeness criteria that are set 
    forth in 40 CFR part 51, appendix V3. The rules are being proposed 
    for approval into the SIP. Arizona's complete submittal of Rules 350, 
    351, and 337 satisfies the deficiency for which a finding of 
    nonsubmittal, dated October 22, 1991, was made and stopped the 
    sanctions clock. However, the Federal Implementation Plan (FIP) clock 
    will not stop until EPA approves the rules.
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        \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 350 and 351 control VOC emissions from the storage and 
    loading of organic liquids including gasoline. Rule 352 controls VOC 
    emissions from gasoline delivery tanks, while Rule 337 controls VOC 
    emissions from graphic art materials, such as inks. VOCs contribute to 
    the production of ground level ozone and smog. 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-Calls 
    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 
    applicable to Rule 350 are: (1) CTG EPA-450/2-77-035, Control of 
    Volatile Organic Emissions from Bulk Gasoline Plants; (2) CTG EPA-450/
    2-78-047, Control of Volatile Organic Emissions from Petroleum Liquid 
    Storage in External Floating Roof Tanks, and (3) CTG EPA-450/2/77-036, 
    Control of Volatile Organic Emissions from Storage of Petroleum Liquids 
    in Fixed-Roof Tanks. The CTGs applicable to Rule 351 are: (1) CTG EPA-
    450/2-77-035, Control of Volatile Organic Emissions from Bulk Gasoline 
    Plants; and (2) CTG EPA-450/2-77-026, Control of Hydrocarbons from Tank 
    Truck Gasoline Loading Terminals. The CTG document applicable to Rule 
    352 is CTG EPA 450/2-78-022, Control of Volatile Organic Compound Leaks 
    from Gasoline Tank Trucks. Finally, the documents which apply to Rule 
    337 are: (1) CTG EPA-450/2-78-033, Control of Volatile Organic 
    Emissions from Existing Stationary Sources, Volume VIII: Graphic Arts-
    Rotogravure and Flexography; and (2) the document entitled 
    ``Recordkeeping Guidance Document for Surface Coating Operations and 
    the Graphic Arts Industry'' (EPA 340/1-88-003). 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.
        MCAPCD's Rule 350, Storage of Organic Liquids at Bulk Plants and 
    Terminals, includes the following significant changes from the current 
    SIP:
    
        1. Applicability of the rule is specific to storage of organic 
    liquids.
        2. A definitions section has been added.
        3. Standards for floating roofs and requirements for seals and 
    fabric of the roofs have been added.
        4. Recordkeeping and inspection provisions have been added.
        5. A compliance schedule with full compliance by 18 months has been 
    added.
        6. Provisions for records on stored liquids including their vapor 
    pressures have been added.
        7. Test methods for determining compliance have been added.
    
        MCAPCD's Rule 351, Loading of Organic Liquids, includes the 
    following significant changes from the current SIP:
    
        1. A definitions section has been added.
        2. Standards have been added limiting emissions to 0.29 pounds of 
    VOC per 1,000 gallons of liquid transferred.
        3. Operating, repair, and testing requirements have been added.
        4. Exemption of tanks with liquids which were not for sale has been 
    deleted. Recordkeeping provisions for other exempt tanks have been 
    added.
        5. Annual leak detection tests and monthly visual leak monitoring 
    are now required, and the leak test method has been clarified.
        6. A compliance schedule requiring full compliance within 18 months 
    has been added.
        7. Test methods for determining compliance with the emission limits 
    and vapor pressure limits have been added.
    
        MCAPCD's Rule 352, Gasoline Delivery Vessels, includes the 
    following significant changes from the current SIP:
    
        1. A definitions section has been added.
        2. Standards for vapor tightness of the delivery vessels and test 
    methods to use in the determination have been added.
        3. Provisions for registering and identifying tanks which pass the 
    vapor tightness test have been added.
        4. Provisions for recordkeeping have also been added.
    
        MCAPCD's Rule 337, Graphic Arts, is a new rule and contains the 
    following significant standards: (1) VOC content of graphic art 
    materials is limited to 2.5 lbs/gal; (2) overall control efficiency of 
    65% for noncompliant materials is required; and (3) graphic materials 
    sold are required to be labeled with the VOC content. There are also 
    provisions for monitoring and for recordkeeping and reporting.
        EPA has evaluated the submitted rules and has determined that they 
    are consistent with the CAA, EPA regulations, and EPA policy. 
    Therefore, MCAPCD's Rules 350, Storage of Organic Liquids at Bulk 
    Plants and Terminals; 351, Loading of Organic Liquids; 352, Gasoline 
    Delivery Vessels; and 337, Graphic Arts, 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 forbids EPA to base its actions concerning SIPs on such 
    grounds. into the economic reasonableness of state action. The CAA 
    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. A future notice will inform the general public of 
    these tables. On January 6, 1989, the Office of Management and Budget 
    (OMB) waived Table 2 and Table 3 SIP revisions (54 FR 222) from the 
    requirements of Section 3 of Executive Order 12291 for 2 years. The EPA 
    has submitted a request for a permanent waiver for Table 2 and Table 3 
    SIP revisions. The OMB has agreed to continue the waiver until such 
    time as it rules on EPA's request. This request continues in effect 
    under Executive Order 12866 which superseded Executive Order 12291 on 
    September 30, 1993.
    
    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: February 28, 1994.
    Felicia Marcus,
    Regional Administrator.
    [FR Doc. 94-5615 Filed 3-9-94; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Published:
03/10/1994
Department:
Environmental Protection Agency
Entry Type:
Uncategorized Document
Action:
Notice of proposed rulemaking.
Document Number:
94-5615
Dates:
Comments must be received on or before April 11, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: March 10, 1994, AZ17-1-6090, FRL-4847-9
CFR: (1)
40 CFR 52