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354 federal Register / Vol. 57, No. 3 / Monday, January 6, 1992 / Rules and Regulations

40 CFR Part 52

[OAQPS # AZ4-1-5261; FRL-4083-8]

Approval and Promulgation of

Implementation Plans; Arizona State

Implementation Plan Revision;

Maricopa County Bureau of Air

Pollution Control

AGENCY: U.S. Environmental Protection

Agency (EPA).

ACTION: Notice of direct final

rulemaking.

SUMMARY: EPA is granting full approval

to rule 220, Permits to Operate, and rule

335, Architectural Coatings, adopted by

the Maricopa County Bureau of Air

Pollution Control (the District) for

inclusion in the Arizona State

Implementation Plan (SIP). EPA is

approving these rules because they

strengthen the SIP. The revisions were

officially submitted to EPA by the

Arizona Department of Environmental

Quality (DEQ) on January 4,1990. The

submittal was reviewed for

completeness and Arizona was notified

that it was complete on May 25, 1990.

Rule 220 regulates criteria pollutants

through permitting of operations in

existing facilities. Rule 335 regulates

emissions of volatile organic compounds

(VOCs), which are precursors of ozone

(smog), from architectural coatings. EPA

has evaluated these rules and is granting

full approval of rule 220 (permitting)

under section 110(k) of the Clean Air

Act Amendments of 1990 (CAAA) as

meeting the requirements of section

110(a), and full approval of rule 335

(coatings) under sections 110(k) as

meeting the requirements of section

110(a] and part D of the CAAA.

DATES: This action will be effective on

March 6, 1992 unless notice is received

within 30 days of publication that

adverse or critical comments will be

submitted. If the effective date is

delayed, timely notice will be published

in the Federal Register.

ADDRESSES: Comments may be mailed

to: Daniel Meer, Southern Rulemaking

Section A-5-3), Air and Toxics Division,

Environmental Protection Agency,

Region 9, 75 Hawthorne Street, San

Francisco, CA 94105.

Copies of the rule revision and EPA's

detailed Technical Support Document

for the rules are available for public

inspection at EPA's Region 9 office

(address above) during normal business

hours. Copies of the submitted rule

revisions are also available for

inspection at the following locations:

Arizona Department of Environmental

Quality, Air Quality Planning Office,

2005 N. Central Avenue, Phoenix, AZ

85004.

Maricopa County Air Pollution Control,

1845 E. Roosevelt Street, Phoenix, AZ

85006.

FOR FURTHER INFORMATION CONTACT:

William E. Davis, Jr., Southern

Rulemaking Section (A-5-3), Air and

Toxics Division, Environmental

Protection Agency, 75 Hawthorne Street,

San Francisco, CA 94105, Telephone:

(415) 744-1183, (FTS) 484-1183; Fax:

(415) 744-1076, (FTS) 484-1076.

SUPPLEMENTARY INFORMATION:

Background

On May 26, 1988, EPA notified the

Governor of Arizona that the District's

portion of the Arizona SIP was

inadequate to attain and maintain the

National Ambient Air Quality Standard

(NAAQS) for ozone and requested that

certain deficiencies relating to VOC

controls and the application of

reasonably available control technology

(RACT) in the existing SIP be corrected

(EPA's SIP-Call, 53 FR 34500). On

November 15, 1990, the President signed

into law the Clean Air Act Amendments

of 1990 (CAAA), Public Law 101-549, 104

Stat. 1399, codified at §§ 7401-7671q. In

section 182(a)(2)(A) of the CAAA,

Congress statutorily adopted the

requirement that nonattainment areas

fix their deficient RACT rules and

established a deadline of May 15, 1991

for states to submit corrections of those

deficiencies. Maricopa County was

subject to the May 15, 1991, deadline.

The District adopted the architectural

coating rule being approved in this

notice in July of 1988, and the Arizona

DEQ, acting as the Governor's designee,

submitted it to EPA on January 4, 1990 in

response the SIP-Call. This submission

also serves as a submission under

section 182(a)(2)(A). At the same time,

but not related to the SIP-Call or section

182(a)(2)(A), the Arizona DEQ submitted

an operating permits rule, which is also

being approved in this notice.

EPA Evaluation

The Agency has examined the issue of

whether this action should be reviewed

only under the provisions of the law as

it existed on the date of submittal to

EPA (January 4, 1990) and has

determined that the Agency must apply

later amendments to the law to the

revision. Therefore, the Agency has

reviewed this request for revision of the

SIP for conformance with the CAAA

enacted on November 15, 1990.

EPA evaluated rule 335, Architectural

Coatings, against the requirements

found in section 110 and part D of the

CAAA, 40 CFR part 51 (Requirements

for Preparation, Adoption, and

Submittal of Implementation Plans], and

EPA policy. Among those provisions is

the requirement that a VOC rule

provide, at a minimum, for the

implementation of RACT for major

stationary sources of VOC emissions.

This requirement was carried forward

from the preamended Clean Air Act.

EPA has published a series of Control

Technique Guidelines (CTGs) for a

variety of stationary sources which

provides guidance on what constitutes

RACT for the subject sources. However,

while these CTGs represent RACT for a

variety of categories, EPA did not

publish a CTG for the category of

architectural coatings. EPA therefore

evaluated this rule against the EPA

approved rule in the existing SIP and

other EPA approved architectural

coating rules in Region 9, which can be

considered to be RACT. Additionally,

EPA VOC policy requirements are found

in the document entitled, "Issues

Relating to VOC Regulation Cutpoints,

Deficiencies, and Deviations,

Clarification to appendix D of November

24, 1987 Federal Register" (appendix D

or the "Blue Book"). The rule meets all

of the requirements specified in these

regulations and documents except for a

minor provision identified below and it

is, therefore, approved. Details of the

evaluation can be found in EPA's

Technical Support Document for the

rule.

EPA evaluated rule 220, Permits to

Operate, against requirements of section

110 of the CAAA, 40 CFR part 51, and

EPA policy. The rule meets all of the

requirements specified in these

regulations and documents and it is,

therefore, approved. Details of the

evaluation can be found in EPA's

Technical Support Document for the

rule. Rule 220 will ultimately be required

to comply with the regulations

forthcoming under title V of the CAAA.

However, these regulations have not

been promulgated in final form at this

date and several years will pass before

the District is required to comply. EPA is

approving this rule at this time because

it strengthens the SIP.

Rule 335, Architectural Coatings

This rule regulates VOCs emitted from

coatings applied to stationary structures,

mobile homes, pavements and curbs. It

limits VOC emissions by limiting the

amount of VOC in the coatings.

This rule strengthens the current SIP.

Unlike the SIP rule, the revised rule lists

VOC limits that are being achieved by

industry for a variety of specialty

coatings. It also specifies labeling

requirements limiting the use of thinners

HeinOnline -- 57 Fed. Reg. 354 1992
Federal Register / Vol. 57, No. 3 / Monday, January 6, 1992 / Rules and Regulations 355

containing VOCs to prevent exceeding

the VOC limits specified for a coating. In

addition, test methods for determining

compliance are specified in the revised

rule. None of these provisions are

present in the current SIP and these

added provisions are, therefore, a

strengthening of the SIP. There is one

minor deficiency in the rule. The rule is

not consistent with EPA policy because

the non-precursor (to ozone) organic

compound definition, which is part of

the VOC definition, lacks four HCFCs

designated by EPA as photochemically

unreactive and not precursors of ozone.

However, this rule was submitted prior

to the EPA's policy change adding these

HCFCs to the definition of VOC. In

addition, these HCFCs are not usually

found in paints. Therefore, the

deficiency is considered negligible and

the rule can be grandfathered under

EPA's "Guidance on Grandfathering of

Requirements for Pending SIP

Revisions", dated June 27, 1988. The

strengthening provisions of rule 335 far

outweigh this minor problem. Therefore.

this rule is given full approval under

section 110(k)(3) as meeting the

requirements of section 110(al and part

D of the CAAA.

Rule 220, Permits to Operate

This rule provides for control of air

contaminants through the issuance of

operating permits for existing stationary

sources. The rule strengthens the

existing SIP. It defines major stationary

sources, adds procedures and a

compliance schedule for demonstrating

that the major sources are complying

with RACT, and provides for an annual

inspection of the source by the Control

Officer to determine the adequacy of the

control equipment. No deficiencies were

found in this rule and EPA is approving

it under section 110(kJ(3] as meeting the

requirements of section 110(a) of the

CAAA.

EPA Proposed Action

EPA has evaluated these rules for

consistency with the CAAA. 40 CFR

part 51 and EPA policies. The rules were

found to be consistent with the

requirements in those regulations and

documents with only a minor exception.

EPA is granting full approval of rule 335

under section 110 and part D of the

CAAA, and rule 220 under section 110 of

the CAAA.

The changes related to the operating

permit rule (rule 220) in the Maricopa

County Bureau of Air Pollution Control

District strengthens the rule in the

existing SIP. Today's action does not

constitute approval of, or action on. an

operating permit program pursuant to 40

CFR 51.166(b)(17) (54 FR 27281) with

respect to the federal enforceability of

operating permits under the Federal

New Source Review rules.

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.

EPA is publishing this action without

prior proposal because the Agency

views this as a noncontroversial action

and anticipates no adverse comments.

This action will be effective March 5,

1992 unless, within 30 days of its

publication, notice is received that

adverse or critical comments will be

submitted.

If such notice is received, this action

will be withdrawn before the effective

date by publishing two subsequent

notices. One notice will withdraw the

final action and another will begin a

new rulemaking by announcing a

proposal of the action and establishing a

comment period. If no such comments

are received, the public is advised that

this action will be effective March 5.

1992.

Regulatory Process

Under 5 U.S.C. 605(b), I certify that

this SIP revision will not have a

significant economic impact on a

substantial number of small entities.

(See 46 FR 8709.)

This action has been classified as a

Table 3 action by the Regional

Administrator under the procedures

published In the Federal Register on

January 19,1989 {54 FR 2214-2225). On

January 8,1991, the Office of

Management and Budget extended the

waiver of Table 2 and 3 SIP revisions (54

FR 2222) from the requirements of

section 3 of Executive Order 12291.

Under section 307(b)(1) of the Act as

amended in 1990, petitions for judicial

review of this action must be filed in the

United States Court of Appeals for the

appropriate circuit by March 5, 1992.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of the rule for. the

purpose of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Air pollution control, Hydrocarbons,

Incorporation by reference. Lead,

Nitrogen dioxide, Ozone, Particulate

matter, Reporting and recordkeeping

requirements, Sulfur oxides.

Note: Incorporation by reference of the

State Implementation Plan for the State of

Arizona was approved by the Director of the

Federal Register on luly 1. 1982.

Dated: December 6, 1991.

Daniel W. McGovern,

RegionalAdministrator.

Title 40 of the Code of Federal

Regulations, part 52, subpart D is

amended to read as follows:

1. The authority citation for part 52

continues to read as follows:

Autoity: 42 U.S.C. 7401-7642.

Subpart D-Arizona

2. Part 52.120 is amended by adding

paragraph (c)(67) to read as follows:

§ 52.120 Identficatimon of plan.

(c) * *

(67) Regulations for the Maricopa

County Bureau of Air Pollution Control

were submitted on January 4, 1990 by

the Governor's designee.

(i) Incorporation by reference.

(A) Amended regulations: Regulation

It, rule 220 and Regulation II, rule 335,

both adopted July 13, 1988.

[FR Doc. 92-18Z Filed 1-3--92; :45 am)

SLLNG COOE 60-U-S

40 CFR Part 300

[FRL-4090-61

National OIR and Hazardous

Substances Pollution Contingency

Plan; National Priorities List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of deletion of sites from

the National Priorities List.

sUMmAy: The Environmental Protection

Agency (EPA) announces the deletion of

two sites from the Superfund National

Priorities List (NPL). The NPL is

appendix B to the National Oil and

Hazardous Substances Pollution

Contingency Plan (NCP) which EPA

promulgated pursuant to section 105 of

the Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980 (CERCLA), as amended. The

sites are Beachwood/Berkeley Wells in

Ocean County, New Jersey, and Johns'

Sludge Pond in Wichita, Kansas. EPA, in

consultation with New Jersey and

HeinOnline -- 57 Fed. Reg. 355 1992