[Federal Register Volume 62, Number 51 (Monday, March 17, 1997)]
[Rules and Regulations]
[Pages 12544-12546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5972]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[AZ 059-0005a; FRL-5697-3]
Approval and Promulgation of Implementation Plans; Arizona State
Implementation Plan Revision, Maricopa County Environmental Services
Department
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action on a revision to the Arizona
State Implementation Plan. The revision concerns a rule from the
following local agency: Maricopa County Environmental Services
Department (MCESD). This approval action will incorporate this rule
into the federally approved SIP. The intended effect of approving this
rule is to regulate emissions of volatile organic compounds (VOCs) in
accordance with the requirements of the Clean Air Act, as amended in
1990 (CAA or the Act). The revised rule controls VOC emissions from
Commercial Bread Bakeries. Thus, EPA is finalizing the approval of this
rule 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 action is effective on May 16, 1997 unless adverse or
critical comments are received by April 16, 1997. If the effective date
is delayed, a timely notice will be published in the Federal Register.
ADDRESSES: Copies of the rule 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 rule are available for
inspection at the following locations:
Rulemaking Office (Air-4), Air Division, U.S. Environmental Protection
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105.
[[Page 12545]]
Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street,
S.W., Washington, D.C. 20460.
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: Christine Vineyard, Rulemaking Office
(Air-4), Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-
1197.
SUPPLEMENTARY INFORMATION:
Applicability
The rule being approved into the Arizona SIP is: MCESD Rule 343--
Commercial Bread Bakeries. This rule was submitted by the Arizona
Department of Environmental Quality to EPA on August 31, 1995.
Background
On March 3, 1978, EPA promulgated a list of ozone nonattainment
areas under the provisions of the Clean Air Act, as amended in l977
(1977 Act or pre-amended Act), that included the Maricopa County Area.
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 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, pursuant to section 110(a)(2)(H) of the 1977 Act, that the
above district's portions of the Arizona SIP were inadequate to attain
and maintain the ozone standard and requested that deficiencies 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
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\1\ The Maricopa Association of Governments (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 56 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 rule being acted upon in this action was
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 31, 1995, including the rule being
acted on in this notice. This notice addresses EPA's direct-final
approval action for MCESD Rule 343--Commercial Bread Bakeries. MCESD
adopted Rule 343 on February 15, 1995. This submitted rule was found to
be complete on October 25, 1995 pursuant to EPA's completeness criteria
that are set forth in 40 CFR part 51, Appendix V 3 and is being
finalized for approval into the SIP.
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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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Rule 343 controls VOC emissions from bread ovens at commercial
bread bakeries. VOCs contribute to the production of ground level ozone
and smog. This rule was originally adopted as part of MCESD's effort to
achieve the National Ambient Air Quality Standard (NAAQS) for ozone and
in response to EPA's 1988 SIP-Call and the section 182(b)(2)(C) CAA
requirement. The following is EPA's evaluation and final action for
this rule.
EPA Evaluation and 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.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.
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\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).
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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)(C). For some
source categories, such as bakeries, EPA did not publish a CTG. In such
cases, the District 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. Bakery
sources have been subject to a RACT regulation since 1989 in the Bay
Area Air Quality Management District. EPA did publish an Alternative
Control Technology Document (ACT) entitled, ``Alternative Control
Technology Document for Bakery Oven Emissions'', EPA 453/R-92-017,
December 1992 as guidance for this source category. 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 343, Commercial Bread Bakeries, is a new
rule which was adopted to control VOC emissions from large commercial
bakeries by establishing emissions reduction standards, recordkeeping
requirements, and test methods for demonstration of compliance with the
rule. A detailed evaluation of Rule 343, Commercial Bread Bakeries, can
be found in the Technical Support Document (TSD) dated July 30, 1996.
EPA has evaluated the submitted rule and has determined that it is
consistent with the CAA, EPA regulations, and EPA policy. Therefore,
MCESD, Rule 343, Commercial Bread Bakeries, is being approved 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 implementation
plan. Each request for
[[Page 12546]]
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.
EPA is publishing this action 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 May 16, 1997, unless, by April 16, 1997, 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 document 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 May 16, 1997.
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 a population 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).
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 Part D 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. The rule being approved by this action will impose no
new requirements because affected sources are already subject to these
regulations under State law. Therefore, no additional costs to State,
local, or tribal governments or to the private sector result from this
action. EPA has also determined that this final action 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.
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
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, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) 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 State of California was approved by the Director of the
Federal Register on July 1, 1982.
Dated: February 19, 1997.
Nora L. McGee,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q
Subpart D--Arizona
2. Section 52.120 is amended by adding paragraph (c)(82) to read as
follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
(82) New and amended rules and regulations for the Maricopa County
Environmental Services Department--Air Pollution Control were submitted
on August 31, 1995, by the Governor's designee.
(i) Incorporated by reference.
(A) Rule 343, adopted on February 15, 1995.
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[FR Doc. 97-5972 Filed 3-14-97; 8:45 am]
BILLING CODE 6560-50-P
