# + 2

(,1 1/,1(

Citation: 57 Fed. Reg. 354 1992

Content downloaded/printed from HeinOnline (http://heinonline.org) Mon Jun 18 16:57:56 2012

-- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License

-- The search text of this PDF is generated from uncorrected OCR text.

### 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 ofAir 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 toEPA by the Arizona Department ofEnvironmental Quality (DEQ) on January 4,1990.The submittal was reviewed for completeness and Arizona was notified that itwas complete on May 25, 1990. Rule 220 regulates criteria pollutants through permitting ofoperations in existing facilities. Rule 335 regulates emissions ofvolatile organic compounds (VOCs), which are precursors ofozone (smog), from architectural coatings. EPA has evaluated these rules and is granting full approval ofrule 220 (permitting) under section 110(k) ofthe Clean Air Act Amendments of 1990 (CAAA) as meeting the requirements of section 110(a), and full approval ofrule 335 (coatings) under sections 110(k) as meeting the requirements ofsection 110(a] and part D ofthe CAAA. DATES: This action will be effective on March 6, 1992 unless notice is received within 30 days ofpublication that adverse or critical comments will be submitted. Ifthe 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 ofthe rule revision and EPA's detailed Technical Support Document for the rules are available forpublic inspection at EPA's Region 9 office (address above) during normal business hours. Copies ofthe submitted rule revisions are also available for inspection at the following locations:
Arizona Department ofEnvironmental

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 ofArizona 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 SIPbe 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) ofthe CAAA, Congress statutorily adopted the requirement that nonattainment areas fix their deficient RACT rules and established a deadline ofMay 15, 1991 for states to submit corrections ofthose deficiencies. Maricopa County was subject to the May 15, 1991, deadline. The District adopted the architectural coating rule being approved in this notice inJuly 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 ofthe law as it existed on the date of submittal to EPA (January4, 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 ofthe SIPfor 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 ofthe CAAA, 40 CFR part 51 (Requirements for Preparation, Adoption, and Submittal ofImplementation Plans], and EPApolicy. Among those provisions is the requirement that a VOC rule provide, at a minimum, for the implementation ofRACT for major stationary sources ofVOC emissions. This requirement was carried forward from the preamended Clean Air Act. EPAhas 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 ofcategories, 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 ofNovember 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 ofthe evaluation can be found in EPA's Technical Support Document forthe rule.

EPA evaluated rule 220, Permits to Operate, against requirements of section 110 ofthe CAAA, 40 CFR part 51, and EPA policy. The rule meets all ofthe 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 ofthe 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 ofVOC 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 ofspecialty coatings. It also specifies labeling requirements limiting the use ofthinners

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 fora coating. In addition, testmethods fordetermining compliance are specified in the revised rule. None of these provisions are present in the current SIPand these added provisions are, therefore, a strengthening of the SIP. There isone minor deficiency in the rule. Therule 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 notprecursors of ozone. However, thisrule was submitted prior to the EPA's policy change adding these HCFCs to the definition ofVOC. In addition, these HCFCs are not usually found in paints. Therefore, the deficiency is considered negligible and the rule can begrandfathered under EPA's "Guidance on Grandfathering of Requirements forPending SIP Revisions", dated June 27, 1988. The strengthening provisions ofrule335 far outweigh thisminor problem. Therefore. this ruleis given full approval under section 110(k)(3) as meeting the requirements ofsection 110(al andpart Dofthe CAAA.
Rule 220, Permitsto Operate

This rule provides forcontrol ofair contaminants through the issuance of operating permits forexisting 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 foran annual inspection of the source by the Control Officerto determine the adequacy of the control equipment. No deficiencies were found in this rule and EPAis approving itunder section 110(kJ(3] as meeting the requirements ofsection 110(a) ofthe CAAA.
EPAProposed 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 isgranting full approval ofrule335 under section 110andpart D ofthe CAAA, and rule220 under section 110of the CAAA.

The changes related to the operating permit rule (rule220) inthe Maricopa County Bureau ofAirPollution Control District strengthens the rulein the existing SIP.Today's action does not constitute approval of, oraction on. an operating permit programpursuant 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 shouldbe construed as permitting orallowing or establishing a precedent for any future request forrevision to any state implementationplan.Each request for revision to the state implementation plan shall be considered separately in lightof specific technical, economic, and environmental factors and in relation to relevant statutory andregulatory requirements.

EPA is publishing thisaction without priorproposal because theAgency views thisas a noncontroversial action and anticipates no adverse comments. This actionwill be effective March 5, 1992unless, within 30 days ofits publication, notice isreceived that adverse orcritical comments will be submitted.

Ifsuch 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 ofthe action and establishing a comment period. Ifno such comments
are received, thepublic is advised that this action willbe effective March 5. 1992. Regulatory Process

Under 5U.S.C. 605(b), Icertify that this SIP revision will nothave a significant economic impact on a substantial number of smallentities. (See 46 FR 8709.)

This actionhas been classified as a Table 3action by the Regional Administrator underthe procedures published In the Federal Registeron January 19,1989 {54 FR 2214-2225). On January 8,1991, theOffice of Management and Budgetextended the waiver ofTable 2and 3 SIPrevisions (54 FR 2222)from the requirements of section 3ofExecutive Order 12291.

Under section 307(b)(1) ofthe Actas amended in 1990, petitions forjudicial review of this actionmust be filed in the United States Court ofAppeals for the appropriate circuit by March 5, 1992. Filing a petition forreconsideration by the Administrator ofthis final ruledoes not affect the finality oftherule for.the purpose ofjudicial review nordoes it extend the time within which a petition forjudicial reviewmay be filed, and shall notpostpone theeffectiveness of such rule oraction. This action may not be challenged laterin proceedings to enforce its requirements. (See section 307(b)(2).) Listof Subjects in40 CFRPart 52

Air pollution control, Hydrocarbons, Incorporation by reference. Lead, Nitrogen dioxide, Ozone, Particulate matter,Reporting and recordkeeping requirements, Sulfur oxides.

Note: Incorporation by reference ofthe State Implementation Plan for the State of Arizona was approved by the Director ofthe Federal Register onluly 1.1982.

Dated: December 6, 1991. Daniel W. McGovern, RegionalAdministrator.

Title 40 ofthe Code of Federal Regulations, part 52, subpart Dis amended to read as follows:

1. The authority citation forpart 52 continues to read as follows:

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

Subpart D-Arizona

2. Part52.120 is amended by adding paragraph (c)(67) to read as follows:
§52.120 Identficatimon ofplan.

(c) * * (67) Regulations for the Maricopa CountyBureau ofAirPollution 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.92-18ZFiled 1-3--92; :45am) SLLNG COOE 60-U-S

40 CFR Part300

[FRL-4090-61

National OIR and Hazardous Substances Pollution Contingency Plan; National PrioritiesList Update

AGENCY: Environmental Protection Agency. ACTION: Notice ofdeletion ofsites 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 tosection 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of1980 (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