[Federal Register Volume 60, Number 143 (Wednesday, July 26, 1995)]
[Proposed Rules]
[Pages 38293-38295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18371]
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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
[[Page 38294]]
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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