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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 hisrulemaking (CGD 91-202) and the specific sectionofthis proposal to which each comment applies, and give the reason for each comment. Please submit twocopies ofall
comments andattachments in an unbound format, no larger than .8by 11 inches, suitable for copying and electronic filing.Persons wanting acknowledgment ofreceipt ofcomments shouldenclose 9tamped, self-addressed postcards ,or envelopes. At tinslime,the -final Glosten technical submittal has notyet been received by theCoast Guard. Persons wishingtomoeive a copy ofthe submittal in order tocomment on it should submit their mailingaddress to the projectmanager, Mr. Thomas Jordan, who will distribute copies of this submittal following its receiptby theCoast 

### Guard (see theFOR FURTHER INFORMATION CONTACT section ofthis 

### notice).

TheCoastGuard will consider all comments received durng the comment period. It may change this action in view ofthe comments.

Dated: October 26,1994. G.A. Penmgton, Rear Admiral,U.S. CoastGuard, Chief,Office of

Navigation SafetyandWaterwayServices. [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 ofvolatile organic compounds VOCs) from the transfer ot gasolineanto motor vehicle fuel tanks.The revision applies to the Phoenixnonattaimnent area and this approval action will incorporate the regulation into the Federally approved SIP The intended effect ofapproving this rule is to regulate emissons of VOCs in accordance with the requirements ofthe Clean AirAct, as amended in 1990 fCAA or the Act). In addition, the -final action on thisrule serves as afinal determination that the finding ofnonsubmittal for this rule has been corrected andthat on the effective date ofthis action, any Federal Implementation Plan (FIP) clock is stopped. Thus,EPA isfinalizing the approval .ofthese'Tevisions into the Arizona SIP underprovisions ofthe 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 finalrule is effective on January 3, 1995, unlessadverse or critical comments are received by December 1, 1994. Ifthe effective date 

### is delayed, a timelynotice will be published inthe Federal Register. ADDRESSES: Copies of'the regulation and 

### EPA's -evaluation eport forthe rule are available for public inspection at EPA's Region IXoffice during normal business hours.Copiesofthe submitted regulation-areavailable 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, TIC20460. 

### Arizona 'Department ofEnvironmental

Quality, 3033NorthCentral Avenue, Phoenix,AZ;85012. Arizona Department ofWeights 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, 75Hawthome Street, San Francisco, CA94105, 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 42U.S.C. 7401-7671q. Under section 162(b)(3), EPAwas required to-issue guidance as tothe effectiveness ofstage i1systems.In November 1991, EPA -issued technical and enforcement guidance to meet this requirement.' In addition,on April16, 1992, EPA published the "General Preamblefor the Implementation of title Iofthe Cltean Air Act Amendments of 1990" (General Preamble)f'57 FR

rhese two documents are entitled "Technical Guidanee-Stage iH VaporgRecovery Systems for ContrlofVehtcleRdualingEmissians atGasoline Dispensing Facilities" A(EPA-45/3-9 -,022),and "Enforcement GuutancefarStage 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 andclassified

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) ofthe amended Act, Arizona was required to submit stage II vapor recovery rulesfor this area by November 15, 1992. An 18- month sanctions clock under section 179(a) ofthe 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 thatEPA 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 toapprove this submittal. This final action will incorporate this regulation into theFederally 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 isprovided below. Inaddition, a more detailed analysis ofthe 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 ofgasoline dispensing systems to install and operate vapor recovery equipment at their facilities. The amended Actspecifies that these State rules must apply to any facility that dispensessmore than 10,000 gallons ofgasoline per month or,in the case ofan independent small businessmarketer (ISBM), any facility that dispenses more than 50,000 gallons ofgasoline per month. Section 324 of the Act defines

an ISBM. The Statehas adopted a general applicability requirement of 10,000 gallons ofgasoline per month and hasprovided an applicability requirement of 50,000 gallons of gasoline per month !or1SBM'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 ofgasoline dispensed per month will be calculated

as stringently as the average volume dispensed per month for the 2-year period prior to State adoption ofthe regulation. In addition, the State has specified that the.stage IIrequirement apply to all gasoline dispensing facilities, including retail outlets and fleet fueling facilities. Implementation ofStage 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 ofthe 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 ofstage 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 ofstage II equipment through use ofa liquid blockage test and a leak test prior to system operation and every year or upon major modification ofa 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 ofverification 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 offacilities including a visual inspection ofthe stage 11 equipment and ofthe required records and a functional test ofthe stage II 

### equipment.
EPA Action

Because EPAbelieves that the State has adopted a stage IIregulation in accordance with section 182(b)(3) ofthe 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) ofthe CAA as meeting the requirements ofsection 182(b)(3) and 110(a) and part D. Therefore, ifthis 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 ofspecific 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.

Ifthe 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. Ifno such comments are received, the public is advised that this action will be effective January 3, 1995. Regulatory Process

Untder the Regulatory Flexibility Act, 5U.S.C. 600 etseq., EPA must prepare

a regulatory flexibility analysis -assessing the impact ofany proposed or final rule on small entities. 5U.S.C. 603 and 604. Alternatively, EPA may certify that the rule will not have a significant impact on a substantial number ofsmall entities. Small entities include small. businesses, small not-for-profit enterprises and government entities with jurisdiction overpopulations of less than 50,000.

SIP approvals under sections 110 and 301(a) and subchapter I,part D ofthe 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, Icertify that it does not have a significant impact on any small entities affected. Moreover. due to the nature ofthe Federal-state relationship under the CAA, preparation ofa regulatory flexibility analysis would constitute Federal inquiry into the economic reasonableness ofstate action. The CAA forbids EPA to base its actions concerning SIPs on.such grounds. UnionElectricCo. v U.S. E.P.A., 427 U.S. 246, 256-66 (S. Ct. 1976); 42 U.S.C. 7410(a)(2).



### The Office ofManagement and Budget has exempted this regulatory action from Executive Order 12866 review.
List ofSubjects in 40 CFRPart52

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 Directorofthe Federal Register on July 1, 1982.

Date: September 23, 1994. 

### Felicia Marcus, Regional Administrator. 

### Subpart D ofPart 52, Chapter 1,Title 40 of the Code ofFederal 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 RegulationsNo. 210 / Tuesday, November 1, 1994 / Rules and 'Regulafions .54523

(A) Mancopa County Bureau ofAir 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-

40CFR 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 MinorSources

AGENCY' Environmental Protection Agency (EPA). ACTION- Direct final rule.

SUMMARY: EPA 

### is approving -revisionsto the K County portion ofthe Tennessee State Implementation Plan (SIP) to incorporate rules forthe permitting of minor sources. On November 12, 11993, the State of Tennessee Division ofAir Pollution 'Control (TDAPC submitted a SIP revisionon behalfofKnox County fulfilling the aequirements necessary to make Knox County s nmnor source operating .prmitprogram 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. Ifthe effective date is delayed.tinely notice willhe publishedan the Federal lRegister. ADDRESSES: Written 

### comments should be addressed to Yolanda Adams at the EPARegional office listedbelow Copies of the material submitted by Knox County Tennessee maybeexamined during normal business hours 'atthe following locations:
Air and Radiation Docket and

Information Center (AirDocket 61.02), U.S. 'Environmental Protection Agency, 4I01 M Street, SW., Washington 'DC20460. Environrnental Pxortection Agency

Regon lV Air'Programs Branch, 345 Courtland Street,NE.. tlanta, Georgia '3=35. Division of Air PoTlution Control,

Tennessee 'Depamtment of .Envaronmentand Conservation, L &C Annex. '9th Floor. 401 Church Street, Nas'hvile,'Tennessee 37243-1531. KnoxCountyDepartment ofAir

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 -aSIP Tevision-onbehalf-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 ofImplementation Plans" (See 54 FR 22274, June 28,, 1989). This woluntarySIP revision allows -EPAto enforce terms and conditions ofstateissued mimor source operating permits. In addition, -operatingpermits 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 potentialto emit. Limiting ofa.source's potential to emit through federally enforceable operating permits can affecta source's applicability to federal regulations such

as title'V4operating permits, New Source Review (NSR) preconstruction permits, Prevention ofSignificant 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 airtoxics which are.also Volatile Organic Compounds VOCsJ ,or Particulate Matter with a diameter of less than 10 micrometers (PM-ID). Any existing sourcemay limititspotential to emit, forpurposes ofavoiding title V requirements, up to oneyear after the effective date,of dhenox County title V program. if, by thatdate, the sou-ce has notobtained a federally enforceable permit limiting its potential to emit under the applicability thresholds of title V the source will need to submit a-titleV permit application. Otherwise, ifit is later discovered that the source does notqualify fora minor source operating permit, the source may be subject to enforcement actions for failure to submit a title Vpermit application.

However, for limiting the potential to emit ofair 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 ofFederal Authorities. For othermechanisms that
may be used to limit an airpollution source's potential to emit see the guidance document entitled "Limitation ofPotential 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 andToxicsDivision -andthe guidance document entitled Approaches toCreahng FederallyEnforceable Emissions Limits" dated November 3, 1993, frnm John S. Seitz, Director ofEPA'sOffice ofAir Quality and Planning Standards-OAQPS), tothe Air Division Directors for Regions 1 through 10.

In the 'aforementioned June 28, 1,989, Federal Registernotice, EPA listed 'ive criteria necessary to makea state's minor soumce operatingpermit program federally .enforceable and, therefore, approvable into the SIK ThIs revision satisfiesthe five'-criteria forfederal enforceability -bya verbatim incorporation ofthecriteria language listed in such notice.

Knox County agrees, aspart ofits program, toprovide EPA and the public with -timely notice of the proposal and issuance -ofsuch permits, and toprovade EPA, on atimely basis.,with a copy of each proposed (ordraft) and final permit intended to befederally enforceable. This process must also provide for anoppInily for public
comment onthe .emt applications prior to issuance ofthe final permit.

With theadfitin ofthese provisions, Knox ,County'smnnorouice operating permit program satisfies all the requirements listedan the June 28, 1989 Federal Register document. Therefore, EPA -is approving thisrevision to the KnoxConnty portion ofTennessee's :SIP making 'the'County's minar source operating permit program federally enforceable.

Final Action

in thisaction, EPA is approving the Knox County minor sourceoperating permit progran The EPA as publishing thisaction twithout prior proposal because the EPA viewsthis 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 torcritical comments be filed. Tisa 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 willbe 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,