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Citation: 59 Fed. Reg. 54521 1994 

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Federal Register / Vol. 59, No. 210 / Tuesday November 1, 1994 / Rules and Regulations 54521

Persons submitting comments should

include their names and addresses,

identify his rulemaking (CGD 91-202)

and the specific section of this proposal

to which each comment applies, and

give the reason for each comment.

Please submit two copies of all

comments and attachments in an

unbound format, no larger than .8 by 11

inches, suitable for copying and

electronic filing. Persons wanting

acknowledgment of receipt of comments

should enclose 9tamped, self-addressed

postcards ,or envelopes.

At tins lime, the -final Glosten

technical submittal has not yet been

received by the Coast Guard. Persons

wishing to moeive a copy of the

submittal in order to comment on it

should submit their mailing address to

the project manager, Mr. Thomas

Jordan, who will distribute copies of

this submittal following its receipt by

the Coast Guard (see the FOR FURTHER

INFORMATION CONTACT section of this

notice).

The Coast Guard will consider all

comments received durng the comment

period. It may change this action in

view of the comments.

Dated: October 26, 1994.

G.A. Penmgton,

Rear Admiral, U.S. Coast Guard, Chief, Office

of Navigation Safetyand Waterway Services.

[FR Doc. 94-27047 Filed 10-31-94; 8:45 am)

BILUNG CODE 4910-14-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[AZ 37-1-6592a; FRL-6086-9]

Approval and Promulgation of

Implementation Plans; Arizona State

Implementation Plan Revision

AGENCY, Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action on Tevisions to the Arizona State

Implementation Plan' (SIP). The revised

rule controls emissions of volatile

organic compounds VOCs) from the

transfer ot gasolineanto motor vehicle

fuel tanks. The revision applies to the

Phoenix nonattaimnent area and this

approval action will incorporate the

regulation into the Federally approved

SIP The intended effect of approving

this rule is to regulate emissons of

VOCs in accordance with the

requirements of the Clean Air Act, as

amended in 1990 fCAA or the Act). In

addition, the -final action on this rule

serves as a final determination that the

finding ofnonsubmittal for this rule has

been corrected and that on the effective

date of this action, any Federal

Implementation Plan (FIP) clock is

stopped. Thus, EPA is finalizing the

approval .of these'Tevisions 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: Tis final rule is effective on

January 3, 1995, unless adverse or

critical comments are received by

December 1, 1994. If the effective date

is delayed, a timely notice will be

published in the Federal Register.

ADDRESSES: Copies of'the regulation and

EPA's -evaluation eport for the rule are

available for public inspection at EPA's

Region IX office during normal business

hours. Copies of the submitted

regulation -are available for inspection at

the following locations:

RulemakingSection IA-5-3), Air and Toxics

Division, V.S. Environmental Protection

Agency, Region IX, 7,5 Hawthorne Street,

San Francisco, CA 941-05.

Environmental Protection Agency, Air

Docket 6102, 401 -M" Street, SW.,,

Washington, TIC 20460.

Arizona 'Department ofEnvironmental

Quality, 3033 North Central Avenue,

Phoenix,AZ;85012.

Arizona Department of Weights and

Measures, 1951 West North Lane, Phoenix,

AZ 85021.

FOR FURTHER INFORMATION CONTACT:

Mae Wang, Rulemalkmg Section JA-5-

3), Air and Toxics Divisimn, U.S.

Environmental Protection Agency

Region IX, 75 Hawthome Street, San

Francisco, CA 94105, Telephone: (415)

744-1200.

SUPPLEMENTARY INFORMATION:

Background

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.

Under section 162(b) (3), EPA was

required to -issue guidance as to the

effectiveness of stage i1 systems. In

November 1991, EPA -issued technical

and enforcement guidance to meet this

requirement.' In addition, on April 16,

1992, EPA published the "General

Preamble for the Implementation of title

I of the Cltean Air Act Amendments of

1990" (General Preamble)f'57 FR

rhese two documents are entitled "Technical

Guidanee-Stage iH VaporgRecovery Systems for

Contrlof Vehtcle RdualingEmissians at Gasoline

Dispensing Facilities" A(EPA-45/3-9 -,022) ,and

"Enforcement Guutance far Stage 1f Vehicle

Refueling'Control ?rograms'"

13498). The guidance documents and

the General Preamble interpret the stage

II statutory requirement and indicate

what EPA believes a State, submittal

needs to include to meet that

requirement.

The Phoenix area is designated

nonattainment for ozone and classified

as moderate. See 56 FR 56694INov. 6,

1991) and 57 FR 56762 (Nov. 30, 1992),

codified at 40 CFR 81.300 through

81.437 Under section 182(b)(3) of the

amended Act, Arizona was required to

submit stage II vapor recovery rules for

this area by November 15, 1992. An 18-

month sanctions clock under section

179(a) of the CAAbegan on January 15,

1993 when EPA made a finding that the

State failed to make a complete

submittal. In addition, section 110(c) of

the Act provides that EPA promulgate a

FIP no later than two years after a

finding under section 179(a). On May

27 1994, the Arizona Department of

Environmental Quality (ADEQ)

submitted to EPA stage II vapor recovery

rules that were adopted by the State on

August 27 1993.. The mandatory

sanctions clock was stopped on June 30,

1994 when EPA determined that the

State had made a complete submittal.

By this document,EPA is taking direct

final action to approve this submittal.

This final action will incorporate this

regulation into the Federally approved

SIP and stop the FIP clock. The EPA has

reviewed the State submittal against the

statutory requirements and -for

consistency with EPA guidance. A

summary of EPA's analysis is provided

below. In addition, a more detailed

analysis of the State submittal is

contained in a technical support

document ,(TSD) winch is available from

the Region IX Office, listed above.

Applicability

Under section 182(b)(3),'States were

required by November 15, 1992 to adopt

regulations requiring owners or

operators of gasoline dispensing systems

to install and operate vapor recovery

equipment at their facilities. The

amended Act specifies that these State

rules must apply to any facility that

dispensessmore than 10,000 gallons ofgasoline per month or, in the case of an

independent small business marketer

(ISBM), any facility that dispenses more

than 50,000 gallons of gasoline per

month. Section 324 of the Act defines

an ISBM. The State has adopted a

general applicability requirement of

10,000 gallons ofgasoline per month

and has provided an applicability

requirement of 50,000 gallons of

gasoline per month !or 1SBM's.

As more fully discussed in EPA's

Enforcement Guidance and the General
54522 Federal Register / Vol. 59, No. 210 / Tuesday November 1, 1994 / Rules and Regulations

Preamble (57 FR 13514), the State has

provided that the gallons of gasoline

dispensed per month will be calculated

as stringently as the average volume

dispensed per month for the 2-year

period prior to State adoption of the

regulation. In addition, the State has

specified that the. stage II requirement

apply to all gasoline dispensing

facilities, including retail outlets and

fleet fueling facilities.

Implementation of Stage II

The Act specifies the time by which

certain facilities must comply with the

State regulation. For facilities that are

not owned or operated by an ISBM,

these times, calculated from the time of

State adoption of the regulation, are: (1)

6 months for facilities for which.

construction began after November 15,

1990; (2) 1 year for facilities that

dispense greater than 100,000 gallons of

gasoline per month; and (3) 2 years for

all other facilities. Although the

submitted regulation was not adopted

until August 27 1993, the State

regulations meet the express timetables

in the Act since emergency rules were

in effect prior to this submittal and the

State compliance dates were set with

respect to the November 15, 1992

statutory deadline for adoption of stage

II regulations.

Additional Program Requirements

Consistent with EPA's guidance, the

State requires that stage II systems be

tested and certified to meet a 95 percent

emission reduction efficiency by using

only systems approved by the California

Air Resources Board (CARB). The state

requires sources to verify proper

installation and function of stage II

equipment through use of a liquid

blockage test and a leak test prior to

system operation and every year or

upon major modification of a facility

(i.e., 75 percent or more equipment

change).

With respect to recordkeeping, the

State has adopted those items

recommended in EPA's guidance and

specifies that sources subject to Stage II

must make these documents available

upon request: (1) A license or permit to

install and operate a stage II system, (2)

results of verification tests, (3)

equipment maintenance and

compliance file logs indicating

compliance with manufacturer's

specifications and requirements, (4)

training certification files, and (5)

inspection and compliance records

issued by the State. In addition, the

State requires facilities that are not

subject to stage II to maintain files

containing the gasoline throughput of

the facility. The State has also

established an inspection function

consistent with that described in EPA s

guidance. The State plans to conduct

inspections of facilities including a

visual inspection of the stage 11

equipment and of the required records

and a functional test of the stage II

equipment.

EPA Action

Because EPA believes that the State

has adopted a stage II regulation in

accordance with section 182(b)(3) of the

Act, as interpreted in EPA s guidance,

Arizona Administrative Code title 4,

Chapter 31,.Article 9 (R4-31-901

through R4-31-910) is being approved

under section 110(k)(3) of the CAA as

meeting the requirements of section

182(b)(3) and 110(a) and part D.

Therefore, if this direct final action is

not withdrawn, on January 3, 1995, any

FIP clock is stopped.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

implementation plan. Each request for

revision to the SIP 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 document

without pnor-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 January 3, 1995,

unless, by December 1, 1994, 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 notice 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 January 3, 1995.

Regulatory Process

Untder 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(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).

The Office of Management and Budget

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 ihe

State Implementation Plan for the Arizona

was approved by the Director of the Federal

Register on July 1, 1982.

Date: September 23, 1994.

Felicia Marcus,

Regional Administrator.

Subpart D of Part 52, Chapter 1, Title

40 of the Code of Federal Regulations is

amended as follows:

PART 52-[AMENDED]

Subpart D-Arizona

1. The authority citation for Part 52

continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

2. Section 52.120 is amended by

adding paragraphs (c)(69)(i)(A) to read

as follows:

§52.120 Identification of Plan.

(c)

(69) The following amendment to the

plan was submitted by the Governor's

designee on May 27 1994.

(i) Incorporation by reference.

54522 Federal Register / Vol. 59, No. 210 / Tuesday November 1, 1994 / Rules and Regulations
No. 210 / Tuesday, November 1, 1994 / Rules and 'Regulafions .54523

(A) Mancopa County Bureau of Air

Pollution Control stage II vapor recovery

program, adopted on August 27 1993.

lFR4)oc.,94-27075!1Fied 10-31-94; T:45 ,am)

SILUNG CODE ASS040-

40 CFR P.art 52

ITN-125--4-6395a; FRL-6095-6]

Approval and.Promulgation of

Irlenentation Plans Tennessee:

Approval o Revsions &o the Knox

County Operating Peamit Regulations

for Synthetic Minor Sources

AGENCY' Environmental Protection

Agency (EPA).

ACTION- Direct final rule.

SUMMARY: EPA is approving -revisions to

the K County portion of the

Tennessee State Implementation Plan

(SIP) to incorporate rules forthe

permitting of minor sources. On

November 12, 11993, the State of

Tennessee Division of Air Pollution

'Control (TDAPC submitted a SIP

revisionon behalf of Knox County

fulfilling the aequirements necessary to

make Knox County s nmnor source

operating .prmit program federally

enforceable- The.submittal oonforms

with the requirements necessary Tor a

state's minor operating permit program

to beoome federally -enforceable.

DA-.Tins final Tule is effective

January 3, 11995 unless adverse or

critical cnnnents are Teceaved by

December 1, 1994. If the effective date

is delayed. tinely notice will he

published an the Federal lRegister.

ADDRESSES: Written comments should

be addressed to Yolanda Adams at the

EPA Regional office listed below Copies

of the material submitted by Knox

County Tennessee may beexamined

during normal business hours 'at the

following locations:

Air and Radiation Docket and

Information Center (Air Docket 61.02),

U.S. 'Environmental Protection

Agency, 4I01 M Street, SW.,

Washington 'DC 20460.

Environrnental Pxortection Agency

Regon lV Air'Programs Branch, 345

Courtland Street, NE.. tlanta,

Georgia '3=35.

Division of Air PoTlution Control,

Tennessee 'Depamtment of

.Envaronment and Conservation, L & C

Annex. '9th Floor. 401 Church Street,

Nas'hvile,'Tennessee 37243-1531.

Knox County Department of Air

Pollution 1Cofftrol, City/County

'Building, Suite 459, 4LO Main

Avenue, Knoxville.Tennessee 37902.

FOR FURTHER INFORMATION CONTACT

Yolanda AdAms at the above EPA

Regionaloffice. The telephone number

is 404/347-2864.

SUPPLEMENTAMW INFORMATION: On

November 12, 1993, the State 'of

Tennessee tthrough the TDAPC

submitted -a SIP Tevision -on behalf -of

Knox County designed to make Knox

County's minorsource operating permit

program federally enforceable pursuant

to EPA requirements as specified in a

Federal Register documententtled

"Requirements for the Preparation,

Adoption, and Submittal of

,IIplementation sPMans, Approval and

Promulgation of Implementation Plans"

(See 54 FR 22274, June 28,, 1989). This

woluntarySIP revision allows -EPA to

enforce terms and conditions of stateissued mimor source operating permits.

In addition, -operating permits that are

issued under the state's minor source

operating permit program that is

approved into their'SIP may provide

federally enforceable limits to an air

pollution source's potential to emit.

Limiting ofa.source's potential to emit

through federally enforceable operating

permits can affecta source's

applicability to federal regulations such

as title'V 4operating permits, New Source

Review (NSR) preconstruction permits,

Prevention of Significant Deterioration

(PSD) preconstruction permits for

criteria pollutants and federal air toxics

requirements mandated under section

112 of the Clean Air Act as amended in

1990 (CAA) !or air toxics which are.also

Volatile O rganic Compounds VOCsJ ,or

Particulate Matter with a diameter of

less than 10 micrometers (PM-ID). Any

existing source may limit its potential to

emit, for purposes of avoiding title V

requirements, up to oneyear after the

effective date,of dhenox County title

V program. if, by thatdate, the sou-ce

has not obtained a federally enforceable

permit limiting its potential to emit

under the applicability thresholds of

title V the source will need to submit

a-title V permit application. Otherwise,

if it is later discovered that the source

does not qualify fora minor source

operating permit, the source may be

subject to enforcement actions for

failure to submit a title V permit

application.

However, for limiting the potential to

emit of air toxics, which amre ot also

VOCs or PM-10, it is necessary forithe

State to make a submittal under 40 CFR

part 63, subpart . Approval ,of State

Programs and Delegation of Federal

Authorities. For other mechanisms that

may be used to limit an air pollution

source's potential to emit see the

guidance document entitled "Limitation

of Potential to Emit with Respectto title

V Applicability Thresholds"' dated

September 18, 192,.from John Calcagni,

Director ofEPA's AirQuality

Management Division,, to William A.

Spratlin, Directorof :EPA Region ViI's

Air and Toxics Division -and the

guidance document entitled

Approaches to Creahng FederallyEnforceable Emissions Limits" dated

November 3, 1993, frnm John S. Seitz,

Director of EPA's Office of Air Quality

and Planning Standards-OAQPS), to the

Air Division Directors for Regions 1

through 10.

In the 'aforementioned June 28, 1,989,

Federal Register notice, EPA listed 'ive

criteria necessary to make a state's

minor soumce operating permit program

federally .enforceable and, therefore,

approvable into the SIK ThIs revision

satisfies the five'-criteria for federal

enforceability -by a verbatim

incorporation of thecriteria language

listed in such notice.

Knox County agrees, as part of its

program, to provide EPA and the public

with -timely notice of the proposal and

issuance -ofsuch permits, and to provade

EPA, on a timely basis., with a copy of

each proposed (ordraft) and final

permit intended to be federally

enforceable. This process must also

provide for an oppInily for public

comment onthe .emt applications

prior to issuance of the final permit.

With the ad fitin of these provisions,

Knox ,County's mnnorouice operating

permit program satisfies all the

requirements listed an the June 28, 1989

Federal Register document. Therefore,

EPA -is approving this revision to the

KnoxConnty portion of Tennessee's :SIP

making 'the 'County's minar source

operating permit program federally

enforceable.

Final Action

in this action, EPA is approving the

Knox County minor source operating

permit progran The EPA as publishing

this action twithout prior proposal

because the EPA views this as a

noncontrovermal amendment and

anticipates no adverse (comments.

However, in a separate 'document n this

Federal Register publication, the.EPA as

proposing to approve the SIP revision

should adverse tor critical comments be

filed. Tis a tion will be effectve

January :3., 1995 nless, by December 1,

1994. adverse rcritical onments are

recei.ed. ifthe EPA Teceives such

comments, this action will be

withdrawn before the effective xste by

publishng a subseqnem document that

will vithdraw the inal artion. All

public comments arcmved 'wil then be

addressedin a :subsequent f-nal nle

.Federal Register / Vol. 59,