Federal Register / Vol. 63, No. 16 / Monday, January 26, 1998 / Proposed Rules 3687

1 The Phoenix metropolitan area was recently

reclassified from moderate to serious for ozone. 62

FR 60001 (November 6, 1997). This reclassification

does not affect the requirement for a 1990 base year

inventory or a 15 percent ROP demonstration.

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[AZ–005–ROP FRL–5953–4]

Approval and Promulgation of

Implementation Plans; Phoenix,

Arizona Ozone Nonattainment Area, 15

Percent Rate of Progress Plan and

1990 Base Year Emission Inventory

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to determine

that the Phoenix, Arizona ozone

nonattainment area has in place

sufficient control measures to meet the

15 percent rate of progress (ROP)

requirement in Clean Air Act section

182(b)(2). This proposal is based on

EPA’s reanalysis of Arizona’s 15 percent

plan submitted for the Phoenix area.

This reanalysis takes into account

current information on the

implementation of the State’s vehicle

inspection and maintenance program,

additional controls recently adopted by

the State, and national rules either

proposed or promulgated by EPA that

affect emissions in the Phoenix area.

EPA is also proposing to approve the

area’s 1990 base year emissions

inventory.

DATES: Comments on this proposal must

be received in writing by March 27,

1998. Commenters may also request the

opportunity to submit oral comments

pursuant to Clean Air Act section

307(d)(5). Requests for a public hearing

must be received by February 5, 1998.

ADDRESSES: Written comments should

be addressed to Frances Wicher at the

Region 9 address.

Copies of the State’s submittals, EPA’s

draft technical support document (TSD)

for this rulemaking, EPA’s policies

governing 15 percent plan approvals

and emission inventories, and other

supporting documentation are

contained in the docket for this

rulemaking. Copies of this document

and the TSD are also available in the air

programs section of EPA Region 9’s

website, http://www.epa.gov/region09.

The docket is available for inspection

during normal business hours at the

following locations:

U.S. Environmental Protection Agency,

Region 9, Office of Air Planning, Air

Division, 17th Floor, 75 Hawthorne

Street, San Francisco, California

94105. (415) 744–1248.

Arizona Department of Environmental

Quality, Library, 3033 N. Central

Avenue, Phoenix, Arizona 85012.

(602) 207–2217.

FOR FURTHER INFORMATION CONTACT:

Frances Wicher, Office of Air Planning

(AIR–2), U.S. Environmental Protection

Agency, Region 9, 75 Hawthorne Street,

San Francisco, California 94105. (415)

744–1248.

SUPPLEMENTARY INFORMATION:

I. Background

A. Clean Air Act Requirements

1. Base Year Emission Inventories

The Phoenix metropolitan area was

originally classified as a moderate ozone

nonattainment on November 6, 1991. 1

Section 182(b) of the Clean Air Act

(CAA or Act) requires that each state in

which all or part of a moderate ozone

nonattainment area is located submit, by

November 15, 1992, an inventory of

actual emissions from all sources, as

described in sections 172(c)(3) and

182(a)(1), in accordance with guidance

provided by the Administrator. EPA

provided preliminary guidance on this

base year inventory in the General

Preamble for the Implementation of

Title I of the Clean Air Act Amendments

of 1990, April 16, 1992, 57 FR 13498,

13502, indicating that the inventory

should be for calendar year 1990 and

should include both anthropogenic and

biogenic sources of volatile organic

compounds (VOCs), nitrogen oxides

(NOX), and carbon monoxide (CO). The

inventory should address actual

emissions of these pollutants during the

peak ozone season in the nonattainment

area as well as emissions from sources

emitting greater than 100 tons per year

in a 25-mile buffer zone around the

nonattainment area. The inventory

should include all point and area

sources, as well as all highway and nonhighway (non-road) mobile sources.

2. 15 Percent ROP Plans

Section 182(b)(1)(A) of the CAA

requires State’s with ozone

nonattainment areas classified as

moderate and above to develop plans to

reduce VOC emissions by 15 percent,

net of growth, from the 1990 baseline.

The 15 percent rate of progress (ROP)

plans were to be submitted by

November 15, 1993, and the reductions

were required to be achieved by

November 15, 1996.

For the 15 percent ROP plans, the

CAA sets limitations on the creditability

of certain types of reductions.

Specifically, a state cannot take credit

for reductions achieved by Federal

Motor Vehicle Control Program

(FMVCP) measures promulgated prior to

1990, or for reductions resulting from

requirements to lower the volatility

(Reid Vapor Pressure (RVP)) of gasoline

promulgated prior to 1990 or required

under section 211(h) of the CAA, which

restricts gasoline RVP. Furthermore, the

CAA does not allow credit for

corrections to vehicle inspection and

maintenance (I/M) programs or

corrections to Reasonably Available

Control Technology (RACT) rules as

these programs were required prior to

1990.

Although the November 15, 1996

deadline has now passed, the 15 percent

ROP requirement remains. Once a

statutory deadline has passed and has

not been replaced by a later one, the

deadline then becomes as soon as

possible. Delaney v. EPA, 898 F.2d 687,

691 (9th Cir. 1990). EPA has interpreted

this requirement to be ‘‘as soon as

practicable’’ (55 FR 36458, 36505

(September 9, 1990)); therefore, to

demonstrate that the Phoenix area has

met the CAA section 182(b)(1)

requirement, it must be demonstrated

that the 15 percent reduction will be

achieved as soon as practicable by

showing that the applicable

implementation plan contains all VOC

control measures that are practicable for

the Phoenix area and that meaningfully

accelerate the date by which the 15

percent level is achieved.

EPA has developed guidance that

specifically addresses the crediting of

post-1996 emission reductions in 15

percent ROP demonstrations. Under

EPA policy, reliance on post-1996

emission reductions in the 15 percent

plan necessitates that the 1996 target

level of emission reductions be revised

to remove the additional emission

reductions from the FMVCP and federal

RVP regulations between 1996 and the

year 15 percent is actually to be

demonstrated. References 2, 3 and 4.

EPA’s policy regarding 15 percent

ROP plans can be found in the General

Preamble (57 FR 13498, 13507) and

other EPA guidance documents

referenced in this document and found

in the docket for this rulemaking.

B. Phoenix’s 15 Percent ROP Plan

The State of Arizona submitted the

initial 15 percent rate of progress plan

for the metropolitan Phoenix area (The

Maricopa Association of Governments

1993 Ozone Plan for the Maricopa

County Area, November 1993 (1993

MAG Plan)) on November 15, 1993 and

an Addendum (March 1994) to that plan

on April 8, 1994. On April 13, 1994 EPA

found the initial plan incomplete

because it failed to include, in fully
3688 Federal Register / Vol. 63, No. 16 / Monday, January 26, 1998 / Proposed Rules

2 The State also submitted its Voluntary Early

Ozone Plan for the Metropolitan Phoenix Area

(VEOP) on April 21, 1997. This plan contains

several additional VOC control measures but does

not include any revisions to the demonstration in

the previously submitted 15 percent plan.

adopted and enforceable form, all of the

measures relied upon in the 15 percent

demonstration. This incompleteness

finding started the 18-month sanction

‘‘clock’’ in CAA section 179 and the

two-year clock under section 110(c) for

EPA to promulgate a federal

implementation plan (FIP) covering the

15 percent ROP requirement.

Subsequently in November 1994 and

April 1995, Arizona submitted an

attainment plan for the Phoenix area

which updated the 15 percent ROP

demonstrations. 2 On May 12, 1995, EPA

found the revised 15 percent plan and

the attainment plan complete, turning

off the sanctions clock; however, under

section 110(c), the FIP clock continues

until EPA approves the 15 percent plan.

Since 1995, EPA has acted to approve

many of the control measures contained

in these plans but has not yet acted on

the overall 15 percent plan.

The 15 percent ROP demonstration in

the MAG 1993 Plan relied primarily on

improvements to the State’s vehicle

emissions inspection and maintenance

program (I/M), a summertime gasoline

volatility (RVP) limitation of 7.00

pounds per square inch (psi), numerous

stationary and area source control

measures, and a number of

transportation control measures.

Improvements to the State’s I/M

program (known as the Vehicle

Emissions Inspection Program (VEIP))

included biennial IM240 transient

testing for model year 1981 and newer

vehicles, more stringent testing cut

points (the tailpipe emissions levels at

which cars are failed), pressure and

purge testing, increased waiver limits,

improvements to the anti-tampering

program, and a remote sensing program.

These I/M improvements accounted for

50 percent of the emission reductions

necessary to show the required ROP.

See 1993 Ozone Plan Addendum, page

3–6. In designing its enhanced VEIP,

Arizona relied in good faith on the

technical specifications and associated

emission reductions in EPA’s enhanced

I/M regulations, 40 CFR part 51, subpart

S as promulgated on November 5, 1992

(57 FR 52950).

Arizona began to implement the

improvements to its I/M program in

early 1995 and quickly determined that

EPA’s pressure and purge test could not

be implemented in practice in I/M

testing lanes, and consequently

suspended the tests. The State

subsequently redesigned the pressure

test and began implementing it in 1996.

No effective purge test, however, is

currently available. EPA continues to

work to develop such a test and Arizona

remains committed to implementing a

test when it becomes available.

Early testing of the final cut points

assumed in the State’s 15 percent plan

also indicated that they would not work

in practice because of unacceptably high

false failure rates (i.e., failing cars that

should have passed) of up to 50 percent.

Arizona is currently working to develop

alternatives to the final cut points and

intends to begin implementing those

alternatives as early as 1999.

The purge test and the final cut points

accounted for roughly 60 percent of the

total emission reductions expected from

the VEIP and 30 percent of the emission

reductions necessary to show 15 percent

ROP. In part to replace these lost

emission reductions and in part to

ensure continued progress toward

attainment of the ozone standard in the

Phoenix area, the State opted into EPA’s

federal reformulated gasoline program

in 1997 (60 FR 30260 (June 3, 1997))

and has recently adopted its own, more

stringent Cleaner Burning Gasoline

(CBG) program as well as other control

measures. EPA proposed to approve the

State’s CBG program on November 20,

1997. 62 FR 61942.

C. EPA’s 15 Percent ROP Plan

Obligation

In August 1996, EPA was sued by the

American Lung Association of Arizona,

ALAA v. Browner, No. CIV 96–1856

PHX ROS (D.Ariz.). This case sought to

enforce EPA’s obligation under CAA

section 110(c) to promulgate a federal

plan for the 15 percent ROP

requirement. On July 8, 1997 a consent

decree was filed with the U.S. District

Court for the District of Arizona

establishing a schedule of January 20,

1998 for proposing and May 18, 1998 for

promulgating a 15 percent ROP plan.

Under the consent decree, EPA’s

obligation to promulgate a plan is

relieved to the extent that it has

approved State measures.

The State’s 15 percent plan as revised

and submitted in 1993 through 1995

does not reflect the changes to the

control strategy necessitated by the

problems with enhanced I/M and the

implementation of the federal RFG

program. In addition, EPA guidance

requires a recalculation of the 15

percent target emission level if post1996 emissions reductions (such as

those from the RFG program) are to be

credited to the 15 percent plan. As a

result, EPA does not have in front of it

a complete state submittal containing a

revised 15 percent ROP demonstration

that it could act on without additional

analysis, public hearing and adoption

by the State. Consequently in this

document, EPA is proposing to find,

based on its own analysis of the

available emission reductions, that the

State has sufficient measures to provide

for the 15 percent reduction.

II. EPA’s Evaluation

A. 1990 Base Year Emission Inventory

EPA is proposing to approve the

State’s 1990 base year emissions

inventory for the Phoenix metropolitan

area and to use it, with minor

modifications, as the basis for the 15

percent ROP demonstration.

As specified in EPA guidance

(Reference 1, p. 13502), the 1990 base

year inventory is composed of annual

and seasonal inventories of actual (as

opposed to permitted or potential) VOC,

NOX, and CO emissions in the Phoenix

ozone nonattainment area as well as

actual emissions from all large point

sources within a 25-mile buffer zone

around the nonattainment area.

EPA proposes to approve the base

year inventory because it is (1) accurate

in that it uses established estimation

and measurement methods approved by

EPA; (2) comprehensive in that it

estimates emissions from all categories

of sources for the three ozone

precursors; and (3) current in that it

provides estimates of actual emissions

for the 1990 base year as required.

Table 1 provides a summary of the

baseline emissions inventory.

TABLE 1.—METROPOLITAN PHOENIX

1990 BASELINE EMISSIONS INVENTORY

(Metric tons per day)

Source type VOC NOX CO

Point Sources .... 25.6 70.9 13.8

Area Sources .... 111.8 7.4 3.9

On-Road Mobile 136.2 130.1 911.5

Non-Road Mobile ................. 57.9 85.2 521.1

Biogenic ............. 37.3 ............ ............

Total ........... 368.8 293.6 1450.3

Source: 1993 Ozone Plan, Appendix B, Exhibit 1.

For use in its 15 percent ROP

analysis, EPA has slightly modified the

State’s 1990 base year inventory to

reflect the Agency’s delisting of

perchloroethylene (used primarily as a

drycleaning solvent) as a VOC (61 FR

4588 (February 7, 1996)), a revised

version of EPA’s MOBILE5a on-road

motor vehicle emission estimation

model, and slightly revised inputs to

that model to be consistent with base
Federal Register / Vol. 63, No. 16 / Monday, January 26, 1998 / Proposed Rules 3689

3The modifications that EPA used in its analysis

do not affect the approvability of the State’s 1990

base year emissions inventory. The delisting of

perchloroethylene occurred after the statutory due

date for the inventory. In addition, states were not

required to upgrade to the later version of

MOBILE5a for their base year inventories. Reference

5. Finally, the principle MOBILE5a modification

was to use minimum and maximum daily

temperatures to calculate temperature corrections to

VOC exhaust emissions, hot soak evaporative

emissions, and resting loss and running loss

emissions instead of a single ambient temperature

as was done by Arizona. Although EPA does not

recommend the use of a single ambient temperature

to calculate these emissions, the impact on the base

year inventory in this case is so slight (less than 0.6

metric tons per day out of an inventory of 136

metric tons per day or less than 0.5 percent) as to

not constitute grounds for disapproval.

year and future year analyses.3 These

modifications decreased the submitted

base year area source inventory by 1.2

metric tons per day and the on-road

mobile source inventory by 0.6 metric

tons per day for a total decrease of 1.8

metric tons per day.

B. Calculation of the 15 Percent ROP

Target

A number of steps are necessary to

calculate the 15 percent ROP VOC target

emission level. First, the 1990 base year

inventory must be revised to exclude

sources outside the nonattainment area,

biogenic emissions, and any VOC

emission reductions that will accrue

from the FMVCP and federal RVP

standards during the 1990–1996 period.

The resulting inventory is referred to as

the ‘‘adjusted base year inventory.’’ For

15 percent ROP plans that rely on post1996 emissions reductions, the adjusted

base year inventory must also exclude

any VOC emission reductions resulting

from the FMVCP and federal RVP

standards from 1996 until the projected

date by which the 15 percent ROP will

be demonstrated (henceforth referred to

as the demonstration year). See

Reference 4. Procedures for calculating

emission reductions from the FMVCP

and federal RVP standards are discussed

in Reference 1 (page 13507) and

Reference 6. Table 2 presents the

adjusted base year inventory.

TABLE 2.—ADJUSTED BASE YEAR

INVENTORIES

Adjustment (mt

VOC/d)

Adjusted

base year

inventory

(mt VOC/d)

1990 Base year

inventory ........ .................... 367.0

Stationary

sources outside of the

nonattainment

area ............... ¥1.8 ....................

Biogenic emissions .............. ¥37.3 ....................

TABLE 2.—ADJUSTED BASE YEAR

INVENTORIES—Continued

Adjustment (mt

VOC/d)

Adjusted

base year

inventory

(mt VOC/d)

1990 nonattainment area

base year anthropogenic inventory ........... .................... 327.9

FMVCP/RVP

1990–1996 ..... ¥47.4 ....................

Adjusted base

year inventory

(1996) ............ .................... 280.5

The target level of VOC emissions for

demonstrating 15 percent ROP is then

calculated by multiplying the adjusted

base year inventory by 0.15, adding the

VOC reductions from any RACT and/or

I/M corrections and from the FMVCP

and federal RVP regulations, then

subtracting this total from the 1990

nonattainment area base year

anthropogenic inventory.

TABLE 3.—15 Percent Rate of Progress Target Levels

(Metric tons of VOC/day)

July 1, year

(A) 1990

ROP base

year EI

(B) Red.

from

FMVCP/

RVP (90–

96)

(C) 1990

adj. base

year EI (A–

B)

(D) 15% target (0.15 x

C)

(E) Red.

from

FMVCP/

RVP (96–

99)

(F) RACT &

I/M corrections

(G) Needed

Red (B + D

+ E + F)

(H) 1996

target emission level

(A–G)

1996 ................................... 327.9 47.4 280.5 42.1 .................... 2.3 91.8 236.1

1998 ................................... 327.9 47.4 280.5 42.1 3.4 2.3 95.2 232.7

1/1/1999 ............................. 327.9 47.4 280.5 42.1 4.2 2.3 96.0 231.9

4/1/1999 ............................. 327.9 47.2 280.5 42.1 4.6 2.3 96.4 231.5

1999 ................................... 327.9 47.4 280.5 42.1 5.0 2.3 96.8 231.1

NOTE: January 1, 1999 and April 1, 1999 values are interpolated between 1998 and 1999 values.

To demonstrate a 15 percent rate of

progress, projected 1996 emissions,

accounting for growth after 1990 and

including any adjustments for FMVCP/

RVP emission reduction occurring after

1996, must be at or below the target

emission level.

C. 15 Percent Demonstration

EPA proposes to determine that the

Phoenix area will have sufficient

controls in place by no later than April

1, 1999 to meet the 15 percent rate of

progress requirement and that this date

is the most expeditious date practicable

for achieving the 15 percent target based

on the set of controls EPA has proposed

for crediting in the 15 percent

demonstration and the unavailability of

any other practicable controls that could

advance the date.

Table 4 presents the projected

controlled 1996 inventory and Table 5

lists the control measures that make up

the 15 percent demonstration. EPA

notes that the State included a number

of adopted and implemented control

measures in its 15 percent plan and

Voluntary Early Ozone Plan that have

not been credited in this 15 percent

demonstration because they are not yet

in the SIP. These measures remain

creditable in future ROP demonstrations

to the extent they are SIP approvable.

TABLE 4.—1996 PROJECTED INVENTORY FOR APRIL 1, 1999 DEMONSTRATION

Source

Category

Emissions

(mt VOC/

day)

On-Road ................................... 76.7

Non-Road .................................. 43.0

Point .......................................... 18.2

Area .......................................... 93.3

Total .......................................... 231.2

Target Level .............................. 231.5

Surplus emission reductions ..... 0.3
3690 Federal Register / Vol. 63, No. 16 / Monday, January 26, 1998 / Proposed Rules

4Since EPA’s approval of the State’s VEIP, the

State has enhanced the implementation of the RSP.

This measure is not currently in the SIP. The State’s

reduction estimate is for the non-enhanced

program.

5 In its 15 percent plan, the State did not

explicitly identify several measures that had been

implemented after 1990 but prior to the

development of the plan even though these

measures are fully creditable in 15 percent plans.

These measures include the Stage II vapor recovery

program and the final limits in Maricopa County’s

architectural coating rule. The State, however, did

incorporate reductions from these measures into the

projected 1996 inventory. For the purposes of EPA’s

analysis, these measures and their associated

reductions (which are identical to the ones

calculated by the State) have been explicitly

identified.

TABLE 5.—CONTROL MEASURES MAKING UP THE 15 PERCENT DEMONSTRATION

Category Approval status

Adjusted 1996

reduction (mt

VOC/d)

Arizona Vehicle Emissions Inspection Program ........................................................... Approved 60 FR 22518 (May 8, 1995) .... 3.3

Arizona Summertime Gasoline Volatility Limitation (7.00 psi RVP) (on-road and

nonroad).

Approved 62 FR 31734 (June 11, 1997) 13.0

Federal RFG—Phase I (on-road and nonroad) ........................................................... Approved June 3, 1997 (62 FR 30260) ... 6.0

National Phase I Non-Road Engines Standards .......................................................... Promulgated July 3, 1995 (60 FR 34582) 9.1

MCESD Rules 331, 336, 337, 342, 346, and 351 ....................................................... Approval signed 1/20/97 ........................... 11.3

Stage II vapor recovery ................................................................................................ Approved 11/1/94 (59 FR 54521) ............ 9.8

MCESD Rule 335 architectural coatings ...................................................................... Approved 1/6/92 (57 FR 354) .................. 2.9

Autobody refinishing (national rule) .............................................................................. National rule proposed April 30, 1996 (61

FR 19005) and December 30, 1997

(62 FR 67784).

1.4

Consumer products (national rule) ............................................................................... National rule proposed April 2, 1996 (61

FR 14531).

2.4

Architectural and industrial coatings (national rule) ..................................................... National rule proposed June 25, 1996 (61

FR 32729).

0.6

Total .............................................................................................................................. ................................................................... 59.8

Arizona Vehicle Emissions Inspection

Program

Enhancements to Arizona’s vehicle

emission inspection program were

approved by EPA in 1995 and included

IM240 testing for 1981 and newer

vehicles, pressure and purge testing,

and tighter cut points. Enhancements to

the program were implemented

beginning in January, 1995. Emission

reductions credited in the 15 percent

demonstration reflect the program as

actually implemented in 1996 (that is,

without the final cut points or the purge

test) and assume no further

improvements.

Arizona’s enhanced I/M program also

includes a remote sensing program

(RSP). The EPA’s proposed 15 percent

ROP demonstration, however, does not

currently include any reductions from

this program. The State has estimated

reductions from the RSP of 3.7 metric

tons of VOC per day in 1996 based on

the analysis in the 1993 MAG plan 4

(Reference 7); however, EPA does not

currently have sufficient information to

determine an appropriate credit for use

in its own analysis. EPA proposes to

credit the non-enhanced RSP with up to

3.7 metric tons per day if it obtains

sufficient information to determine the

appropriate credit.

Summertime Gasoline Volatility Limit

(7 psi RVP)

The State’s 7 psi summertime gasoline

volatility limit was fully implemented

in 1996. Emission reduction credit

proposed for the 15 percent plan

assumes a decrease in the RVP limit

from the federally-required 7.8 psi to 7

psi and is calculated for both on-road

motor vehicles and non-road gasolinepowered vehicles.

Federal Reformulated Gasoline

Program—Phase I

The Federal reformulated gasoline

program became effective in the

Phoenix area at the retail level on

August 4, 1997. 62 FR 30260 (June 3,

1997). As with RVP, the program affects

both on-road motor vehicle emissions

and non-road gasoline-powered engine

emissions. The proposed emission

reduction credit for RFG includes

emission reductions from both

categories.

Arizona has adopted its own Clean

Burning Gasoline (CBG) Program to

replace the federal RFG program

beginning in June, 1998. EPA has

recently proposed to approve that

program and Arizona has requested to

opt-out of the Federal RFG program

should EPA grant final approval to its

CBG program. Since the State’s program

has been designed to achieve more

emission reductions than available

under EPA’s RFG regulations, there will

be no loss of emission reductions as the

Phoenix area transitions from the

federal to the state program; therefore,

for the purposes of this 15 percent

demonstration, EPA proposes to grant

emission reductions equivalent to those

proposed above for the federal RFG

program. If EPA approves the CBG

program, the Agency will give it the

same credit as federal RFG for the

purposes of the 15 percent

demonstration. Emissions reductions

from the CBG program, if approved by

EPA, that are in excess of those

proposed for credit above may be used

by the State in any future rate-ofprogress demonstrations.

Phase I Non-road Engine Standards

On July 3, 1995, EPA promulgated

Phase I emission standards for new

spark-ignition (gasoline) engines of 25

horsepower or less. These engines

include those typically used in

lawnmowers and other residential

gardening equipment, commercial lawn

and garden equipment, and small

pumps and compressors, and some

other industrial/construction

equipment. The Phase I standards were

effective with model year 1997 engines

and are expected to reduce VOC

emissions from the impacted equipment

types by 22.9 percent in 1999. See

Reference 8.

Stage II Vapor Recovery

EPA approved Arizona’s Stage II

Vapor Recovery rules (Arizona Revised

Statutes §§ 41–2131 through 2133 and

Arizona Administrative Code R4–31–

901 through R4–31–910) in 1994. This

program required the installation of

California Air Resources Board (CARB)

certified stage II vapor recovery

equipment at service stations by

November 15, 1994.5
Federal Register / Vol. 63, No. 16 / Monday, January 26, 1998 / Proposed Rules 3691

MCESD Rules

Concurrently with this proposal, EPA

has approved MCESD Rules 331, 336,

337, 342, 346, and 351 into the SIP. Rule

331 limits the emissions of VOCs from

surface cleaning and degreasing

operations. Rule 336 limits emissions

from surface coating operations. Rule

337 limits emissions of VOCs from

screen, gravure, letterpress, flexographic

and lithographic printing processes,

including related coating and

laminating processes. Rule 342 controls

the emissions of VOCs emanating from

applying coatings of finishing materials

to furniture or fixtures made of wood or

wood derived materials. Rule 346 limits

VOC emissions from the surface

preparation and coating of wood

millwork such as shutters, doors,

windows and their associated

woodwork, and Rule 351 controls

emissions of VOCs from organic liquid

loading operations at bulk plants and

bulk terminals. These rules, which

affect emissions from both point and

area sources, result in a total reduction

of 9.2 metric tons per day from point

sources and 2.1 metric ton per day from

area sources.

Architectural Coatings

EPA approved MCESD’s Rule 335

Architectural Coatings in 1992. This

rule had a number of compliance

deadlines in 1991 and reductions from

these final deadlines are fully creditable

to the 15 percent plan. See also Footnote

5.

Consumer Products

On April 2, 1996, EPA proposed

national VOC emission standards for 24

categories of consumer products

requiring compliance with the standards

by 1997. Under EPA policy, 15 percent

demonstrations may credit an overall 20

percent reduction in emissions from the

consumer products categories covered

by this rule. Reference 9. For Maricopa

County, this rule will reduce VOC

emissions from consumer products by

an estimated 2.4 metric tons per day.

This measure, as well as the national

autobody refinishing rule and the

national architectural and industrial

maintenance coating rule discussed in

the following sections are statutorily

required. See CAA section 183(e) and

‘‘Consumer and Commercial Products:

Schedule for Regulation,’’ 60 FR 15264

(March 23, 1995). The Agency

anticipates at this time that rules will be

finalized by mid-1998. EPA has recently

been sued to enforce the requirement to

promulgate these rules and is currently

discussing a schedule for their

promulgation. Sierra Club v. Browner,

CIV No. 97–984 PLF (D.D.C.).

The fact that these rules are required

federal rules, and will likely soon have

court-ordered deadlines, creates

circumstances that allow EPA to

consider them as part of 15 percent

plans. Taking credit for reductions from

proposed required federal measures is

consistent with the overall scheme of

the Clean Air Act ozone nonattainment

provisions, as well as the relevant

provisions by their terms. Congress

anticipated that these federal measures

would contribute to both progress

toward attainment and attainment of the

ozone standard and thus these measures

are an integral part of Congress’

blueprint for ozone attainment.

Therefore, EPA concludes that

implementation plans should be

allowed to account for those reductions

in both attainment and rate-of-progress

plans. See Reference 10 and 61 FR

10920, 10936 (March 18, 1996).

Among the categories covered by the

national rule for consumer products is

windshield wiper fluids. MCESD has

also adopted Rule 344 to control

emissions from windshield wiper fluids.

EPA is currently discussing the

enforceability of the rule with the

County and has not approved the

measure into the SIP, hence the

emission reductions from this category

are based on the national rule and not

Rule 344.

Autobody Refinishing

On April 30, 1996 and December 30,

1997, EPA proposed a national rule

governing emissions from autobody

refinishing coatings. Under EPA policy

(Reference 11), a 37 percent reduction in

emissions from autobody refinishing

may be credited to this national rule.

For Maricopa County, this rule will

reduce VOC emissions from autobody

refinishing by an estimated 1.4 metric

tons per day.

MCESD has also adopted Rule 345 to

control emissions from autobody

refinishing. EPA is currently discussing

the enforceability of this rule with the

County and has not approved the

measures into the SIP, hence the

emission reductions from this category

are based on the national rule and not

Rule 345.

Architectural and Industrial

Maintenance Coatings

On June 25, 1996 EPA proposed a

national rule limiting the VOC content

of numerous categories of architectural

and industrial maintenance (AIM)

coatings. Under EPA policy (Reference

12), a 20 percent reduction in emissions

from the AIM coatings rule may be

credited to this national rule for areas

without architectural coating rules. As

discussed above, Maricopa County

already has in place Rule 335 that limits

VOC content of architectural coatings.

The national rule, as proposed, includes

new or tighter limits than are currently

in Rule 335 for a number of coating

categories (e.g., traffic marking);

therefore, the Phoenix area will realize

additional emission reductions from the

national rule of 0.6 metric tons per day

by mid-1999.

D. ‘‘As Soon As Practicable’’

Demonstration

As discussed above, CAA section

182(b)(1) requires that all moderate and

above ozone nonattainment areas

prepare plans that provide for a 15

percent VOC emission reduction by

November 15, 1996. Since this deadline

has passed, in order to demonstrate that

the Phoenix area has met the CAA

section 182(b)(1) requirement, it must be

demonstrated that the 15 percent

reduction will be achieved as soon as

practicable by showing that the

applicable implementation plan

contains all VOC control measures that

are practicable for the Phoenix area and

that meaningfully accelerate the date by

which the 15 percent level is achieved.

Measures that provide only an

insignificant additional amount of

reductions or could not be implemented

soon enough to meaningfully advance

the date by which the 15 percent is

demonstrated are not required to be

implemented to meet this test.

For the purposes of this 15 percent

demonstration only, EPA is proposing to

interpret ‘‘significant emission

reduction’’ to be equal to or more than

one-half of one percent (0.5 percent) of

the total emission reduction needed to

meet the 15 percent ROP requirement in

1999 for the Phoenix nonattainment

area. One-half of one percent is 0.5

metric tons per day.

For the purposes of this 15 percent

demonstration only, EPA is also

proposing to interpret ‘‘to meaningfully

accelerate the date by which the 15

percent is demonstrated’’ to mean three

or more months. Because April 1 is

before the June 1 start of the Phoenix

ozone season, the ambient air quality

benefit that would be gained by

advancing the demonstration date by

less than three months in advance of

April 1 would not justify the

implementation of additional federal

measures in the Phoenix area for the

purposes of demonstrating 15 percent.

On the other hand, to advance the

benchmark demonstration date for the

‘‘as soon as practicable’’ test much more

than three months (that is, before
3692 Federal Register / Vol. 63, No. 16 / Monday, January 26, 1998 / Proposed Rules

January 1, 1999) would leave so little

time between the projected effective

date of this action (July 1, 1998) and the

benchmark demonstration date that no

measure could be reasonably

implemented in that short time period.

Based on this reasoning, EPA believes

that three months is an appropriate

benchmark for this ‘‘as soon as

practicable’’ test in this case.

Based on its analysis and the set of

SIP-approved and federal measures

proposed for credit above, EPA is

projecting that the Phoenix area will

meet the required 15 percent reduction

no later than April 1, 1999. An

additional emission reduction totaling

at least 0.6 metric tons per day would

be needed by January 1, 1999 to advance

the demonstration date to January 1,

1999. See TSD, Section III.D. Therefore,

to show that April 1, 1999 is the ‘‘as

soon as practicable date’’ to demonstrate

a 15 percent ROP for the Phoenix area,

it must be shown that there are no

measures that achieve a 0.6 metric tons

per day reduction by January 1, 1999.

EPA analyzed a number of control

measures that could potentially advance

the date by which the 15 percent

reduction is demonstrated in the

Phoenix area and has found that there

are no measures or combination of

measures that would advance the date

by more than a de minimis amount.

These measures included ones

recommended by EPA (see ‘‘Sample

City Analysis Comparison of Enhanced

I/M Reductions Versus Other 15 Percent

ROP Plan Measures,’’ which is an

attachment to Reference 2), by the State

and Territorial Air Pollution Program

Administrators/Association of Local Air

Pollution Control Officials (see

‘‘Meeting the 15-Percent Rate-ofProgress Requirement Under the Clean

Air Act: A Menu of Options,’’ STAPPA/

ALAPCO, September 1993), and in the

Report of the Governor’s Air Quality

Strategies Task Force (December 2,

1996), and the ‘‘Reanalysis of the

Metropolitan Voluntary Early Ozone

Plan,’’ ADEQ et al, October 1997.

Most of the measures EPA analyzed

generated very small additional

emission reductions by January 1, 1999

(e.g., a complete ban on open burning)

or could not be implemented to achieve

emission reduction before January 1,

1999 (e.g., I/M improvements). In many

cases, the State is already developing

(e.g., industrial cleaning solvents) or

had already adopted a similar measure

(e.g., graphic arts) so that little, if any,

additional reductions would be

achieved by a federal measure. The

complete analysis of potential measures

is contained in the TSD for this

proposal.

Based on this analysis, EPA has

concluded that there are no reasonable

measures or combination of reasonable

measures that could meaningfully

advance the demonstration date;

therefore, the Agency proposes to find

that April 1, 1999 is the most

expeditious date practicable to

demonstrate the 15 percent reduction.

III. Conclusion

Pursuant to its authority under CAA

section 110(c) and for the reasons

discussed above, EPA is proposing to

determine that the Phoenix

metropolitan area has in place or will

have in place sufficient control

measures to meet the 15 percent ROP

requirement for VOCs in CAA section

182(b)(1)(A) as soon as practicable. This

proposed determination is predicated

on EPA’s reanalysis of the State’s 15

percent ROP plan to reflect the realities

of the VEIP, reductions from additional

controls adopted by the State, and

additional federal regulations.

EPA is also proposing to approve the

State’s 1990 base year inventory under

CAA sections 110(k)(2) and 182(a)(1).

IV. Administrative Requirements

A. Executive Order (E.O.) 12866

The Office of Management and Budget

has exempted this action from E.O.

12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 601 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

economic impact on a substantial

number of small entities. Small entities

include small businesses, small not-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50,000.

This proposal simply presents the

analysis of the emission impacts on the

Phoenix metropolitan area of already

adopted or proposed State and federal

rules. This action neither proposes the

promulgation of additional measures

nor requires Arizona or its local

jurisdictions to adopt or implement

additional measures beyond those that

they currently have adopted and

implemented or have been proposed or

implemented at the federal level. As

such, it does not propose to regulate any

entities. Therefore, pursuant to 5 U.S.C.

605(b), EPA certifies that today’s

proposed action does not have a

significant impact on a substantial

number of small entities within the

meaning of those terms for RFA

purposes.

C. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), P.L. 104–

4, establishes requirements for Federal

agencies to assess the effects of their

regulatory actions on State, local, and

tribal governments and the private

sector. Under section 202 of the UMRA,

EPA generally must prepare a written

statement, including a cost-benefit

analysis, when EPA promulgates ‘‘any

general notice of proposed rulemaking

that is likely to result in promulgation

of any rule that includes any Federal

mandate that may result in the

expenditures by State, local, and tribal

governments, in the aggregate, or by the

private sector, of $100 million or more’’

in any one year. A ‘‘Federal mandate’’

is defined, under section 101 of UMRA,

as a provision that ‘‘would impose an

enforceable duty’’ upon the private

sector or State, local, or tribal

governments’’, with certain exceptions

not here relevant. Under section 203 of

UMRA, EPA must develop a small

government agency plan before EPA

‘‘establish[es] any regulatory

requirements that might significantly or

uniquely affect small governments’’.

Under section 204 of UMRA, EPA is

required to develop a process to

facilitate input by elected officers of

State, local, and tribal governments for

EPA’s ‘‘regulatory proposals’’ that

contain significant Federal

intergovernmental mandates. Under

section 205 of UMRA, before EPA

promulgates ‘‘any rule for which a

written statement is required under

[UMRA section] 202’’, EPA must

identify and consider a reasonable

number of regulatory alternatives and

either adopt the least costly, most costeffective or least burdensome alternative

that achieves the objectives of the rule,

or explain why a different alternative

was selected.

As explained above, sections 202,

203, 204, and 205 of UMRA do not

apply to today’s action because it does

not impose an enforceable duty on or

otherwise affect any entity. Therefore,

EPA is not required and has not taken

any actions under UMRA.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Intergovernmental

relations, Ozone.
Federal Register / Vol. 63, No. 16 / Monday, January 26, 1998 / Proposed Rules 3693

Dated: January 20, 1998.

Carol M. Browner,

Administrator.

References

1. General Preamble for the

Implementation of Title I of the Clean

Air Act Amendments of 1990, April 16,

1992, 57 FR 13498.

2. Memorandum, John S. Seitz,

Director of the Office of Air Quality

Planning and Standards, and Richard B.

Ossias, Deputy Associate General

Counsel to Regional Air Division

Directors; ‘‘15 Percent VOC SIP

Approvals and the ‘As Soon As

Practicable’ Test;’’ February 12, 1997

including the attachment ‘‘Sample City

Analysis Comparison of Enhanced I/M

Reductions Versus Other 15 Percent

ROP Plan Measures,’’ E.H. Pechan and

Associates, December 12, 1996.

3. Note, Margo Oge, Director Office of

Mobile Sources and John Seitz, Director

of OAPQS to Regional Division

Directors; re: Date by which States Need

to Achieve all the Reductions Needed

for the 15% Plan from I/M and

Guidance for Recalculation, August 13,

1996.

4. Memorandum, Gay MacGregor,

Director Regional and State Programs

Division, OMS and Sally Shaver,

Director, Air Quality Strategies and

Standards Division, OAQPS to Regional

Air Division Directors; ‘‘Modeling 15%

VOC Reduction(s) from I/M in 1999—

Supplemental Guidance;’’ December 23,

1996.

5. Memorandum, Philip A. Lorang,

Director, Emission Planning and

Strategies Division, OMS to Regional

Air Division Directors; ‘‘Release of

MOBILE5a Emission Factor Model,’’

March 29, 1993.

6. OAQPS, U.S. EPA. Guidance on the

Adjusted Base Year Emissions Inventory

and the 1996 Target for the 15 Percent

Rate of Progress Plans. EPA–452/R–92–

005. October 1992.

7. Letter, Nancy Wrona, Director, Air

Quality Division, ADEQ; to David

Howekamp, Director, Air and Toxics

Division, EPA-Region 9; ‘‘Submittal of

Additional Information in Support of

Approval of 15% Rate of Progress Ozone

Plan for Maricopa County;’’ September

11, 1997.

8. Memorandum, Philip A. Lorang,

Director, Emission Planning and

Strategies Division, OMS to Regional

Air Division Directors; ‘‘Future Nonroad

Emission Reduction Credits for CourtOrdered Nonroad Standards;’’

November 29, 1994.

9. Memorandum, John S. Seitz,

Director, OAQPS to Regional Air

Division Directors; ‘‘Regulatory

Schedule for Consumer and Commercial

Products under Section 182(e) of the

Clean Air Act;’’ June 22, 1995.

10. Memoranda, Mary Nichols,

Assistant Administrator for Air and

Radiation, U.S. EPA to Regional

Administrators, Regions 1–10; ‘‘SIP

Credits for Federal Nonroad Engine

Emissions Standards and Certain Other

Mobile Source Programs;’’ November

23, 1994 and January 30, 1996.

11. Memorandum, John S. Seitz,

Director, OAQPS to Regional Air

Division Directors; ‘‘Credit for the 15

Percent Rate-of-Progress Plans for

Reductions from the Architectural and

Industrial Maintenance Coating Rule

and the Autobody Refinishing Rule;’’

November 29, 1994.

12. Memorandum, John S. Seitz,

Director, OAQPS to Regional Air

Division Directors; ‘‘Credit for the 15

Percent Rate-of-Progress Plans for

Reductions from the Architectural and

Industrial Maintenance (AIM) Coating

Rule;’’ March 22, 1995.

[FR Doc. 98–1765 Filed 1–23–98; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IL160–1b; AD–FRL–5951–7]

Approval and Promulgation of

Implementation Plans; Illinois

AGENCY: Environmental Protection

Agency (USEPA).

ACTION: Proposed rule.

SUMMARY: The USEPA proposes to

approve a variance allowing a

temporary increase in particulate matter

emissions from the Marathon Oil

refinery in Robinson, Illinois, to allow

deferral of repairs of control equipment

until the time of a scheduled

maintenance period. In the Final Rules

section of this Federal Register, USEPA

is fully approving the State

Implementation Plan revision as a direct

final rule without prior proposal,

because the USEPA views this as a

noncontroversial revision and

anticipates no adverse comments. A

detailed rationale for the approval is set

forth in the direct final rule. If no

adverse written comments are received

in response to these actions, no further

activity is contemplated in relation to

this proposed rule. If USEPA receives

adverse written comments, the direct

final rule will be withdrawn and all

public comments will be addressed in a

subsequent final rule based on this

proposed rule. Any parties interested in

commenting on this action should do so

at this time.

DATES: Written comments must be

received on or before February 25, 1998.

ADDRESSES: Written comments should

be mailed to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), United

States Environmental Protection

Agency, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

A copy of the State submittal is

available for inspection at: Regulation

Development Section, Air Programs

Branch (AR–18J), United States

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

John Summerhays, at (312) 886–6067.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule published in the rules section

of this Federal Register.

Authority: 42 U.S.C. 7401 et seq.

Dated: January 8, 1998.

Michelle D. Jordan,

Acting Regional Administrator, Region V.

[FR Doc. 98–1764 Filed 1–23–98; 8:45 am]

BILLING CODE 6560–50–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 300

[Docket No. 980113012–8012–01; 121197B]

RIN 0648–AK57

Pacific Halibut Fisheries; Catch

Sharing Plan

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed changes to catch

sharing plan and sport fishing

management; availability of draft

environmental assessment and

regulatory impact review.

SUMMARY: NMFS proposes to approve

and implement changes to the Area 2A

Pacific halibut Catch Sharing Plan

(Plan): (1) To adjust the Washington

sport allocation; (2) to provide for an

incidental catch of halibut in the

commercial sablefish fishery off

Washington under certain

circumstances; and (3) to adjust

management of the sport fisheries off

Oregon and Washington under authority

of the Northern Pacific Halibut Act of

1982 (Halibut Act). NMFS also proposes