Air quality implementation plans; approval and promulgation; various States: Utah,

[Federal Register: August 14, 1998 (Volume 63, Number 157)]

[Rules and Regulations]

[Page 43624-43627]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr14au98-18]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[UT-001-0005a, UT-001-0006a, UT-001-0007a, UT-001-0009a, UT-001-0012a, UT-001-0013a; FRL-6140-5]

Approval and Promulgation of Air Quality Implementation Plans; Utah; Listing of Exempt Volatile Organic Compounds, Approval of Minor Rule Changes for Emissions From Air Strippers and Soil Venting Projects, and Repeal of Perchloroethylene Dry Cleaning Plant Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving State Implementation Plan (SIP) revisions as

[[Page 43625]]

submitted by the Governor of Utah. The intended effect of this action is to approve the Governor's submittals of November 8, 1995, February 12, 1996, November 20, 1996, May 15, 1997, and June 10, 1998, that revised and updated Utah's definition of a volatile organic compound (VOC) in UACR R307-1-1. The November 8, 1995, February 12, 1996, November 20, 1996, and May 15, 1997, revisions were necessary to delete volatile methyl siloxanes, parachlorobenzotrifluoride (PCBTF), acetone, perchloroethylene (PERC), HFC 43-10mee, HCFC 225ca and HCFC 225cb as EPA had previously determined that these compounds have a negligible contribution to tropospheric ozone formation. The June 10, 1998 submittal incorporated the deletion of 16 more pollutants from the federal list that were determined to have a negligible contribution to tropospheric ozone formation; the compounds are: HFC-32, HFC-161, HFC- 236fa, HFC-245ca, HFC-245ea, HFC-245eb, HFC-245fa, HFC-236ea, HFC- 365mfc, HCFC-31, HCFC-123a, HCFC-151a, C‹INF›4‹/INF›F‹INF›9‹/INF›OCH‹INF›3‹/INF›, (CF‹INF›3‹/INF›)‹INF›2‹/INF›CFCF‹INF›2‹/INF›OCH‹INF›3,‹/INF› C‹INF›4‹/INF›F‹INF›9‹/INF›OC‹INF›2‹/INF›H‹INF›5,‹/INF› and (CF‹INF›3‹/INF›)‹INF›2‹/INF›CFCF‹INF›2‹/INF›OC‹INF›2‹/INF›H‹INF›5‹/INF› (compound names only are listed here, refer to 62 FR 44901, August 25, 1997, for the chemical name and 62 FR 44903, August 25, 1997, for the complete list of exempted VOCs). In addition, this action also approves the Governor's February 12, 1996 submittal that included minor revisions to UACR R307-6-1 regarding VOC emissions from air strippers and soil venting operations. EPA is also approving the Governor's November 20, 1996, request for the removal of UACR R307-14-8 which had addressed requirements for perchloroethylene dry cleaning plants located in ozone nonattainment and maintenance areas. This action is being taken under section 110 of the Clean Air Act.

DATES: This direct final rule is effective on October 13, 1998 without further notice, unless EPA receives adverse comments by September 14, 1998. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.

ADDRESSES: Written comments may be mailed to Richard R. Long, Director, Air Program, Mailcode 8P2-A, Environmental Protection Agency (EPA), Region VIII, 999 18th Street, Suite 500, Denver, Colorado, 80202. Copies of the documents relevant to this action are available for public inspection during normal business hours at the Air Program, Environmental Protection Agency, Region VIII, 999 18th Street, Suite 500, Denver, Colorado, 80202 and the Air and Radiation Docket and Information Center, Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460. Copies of the State documents relevant to this action are available for public inspection at the Utah Department of Environmental Quality, Division of Air Quality, 150 North 1950 West, Salt Lake City, Utah 84114-4820

FOR FURTHER INFORMATION CONTACT: Cindy Rosenberg, EPA, Region VIII, (303) 312-6436.

SUPPLEMENTARY INFORMATION: On November 8, 1995, February 12, 1996, November 20, 1996, May 15, 1997, and June 10, 1998, the State of Utah submitted formal revisions to its State Implementation Plan (SIP). The SIP revisions consist of a revision of Utah's definition of a VOC, updated rules for VOC with respect to emissions from air stripper and soil venting operations, and the deletion of the State rule addressing requirements for PERC dry cleaning plants located in ozone nonattainment and maintenance areas.

1. Background

   On October 5, 1994, EPA published a final rule (59 FR 50693) that added volatile methyl siloxanes (VMS) and parachlorobenzotrifluoride (PCBTF) to the list of compounds excluded from the Federal definition of a VOC (see 40 CFR 51.100(s)(1)) on the basis that these compounds have negligible contribution to the formation of tropospheric ozone. Similarly, EPA added the following compounds to this list to be excluded from the Federal VOC definition: on June 16, 1995 (60 FR 31633), EPA added acetone, on February 7, 1996 (61 FR 4588), EPA added PERC, on October 8, 1996 (61 FR 52848), EPA added HFC43-10mee, HCFC 225ca, and HCFC 225cb, and on August 25, 1997 (62 FR 44900), EPA added HFC-32, HFC-161, HFC-236fa, HFC-245ca, HFC-245ea, HFC-245eb, HFC-245fa, HFC-236ea, HFC-365mfc, HCFC-31, HCFC-123a, HCFC-151a, C‹INF›4‹/INF›F‹INF›9‹/INF›OCH‹INF›3,‹/INF› (CF‹INF›3‹/INF›)‹INF›2‹/INF›CFCF‹INF›2‹/INF›OCH‹INF›3,‹/INF› C‹INF›4‹/INF›F‹INF›9‹/INF›OC‹INF›2‹/INF›H‹INF›5,‹/INF› and (CF‹INF›3‹/INF›)‹INF›2‹/INF›CFCF‹INF›2‹/INF›OC‹INF›2‹/INF›H‹INF›5.‹/INF›

   The State of Utah maintains its definition of a VOC in UACR R307-1- 1, ``Foreword and Definitions''. Utah does not rewrite its VOC definition when EPA changes the excluded compound list, but instead the State incorporates by reference EPA's definition as defined in 40 CFR 51.100(s)(1) and notes the specific Federal Register action where EPA modified the Federal definition. Therefore, based on the above EPA revisions to the Federal VOC definition, the Governor's November 8, 1995, submittal incorporated EPA's October 5, 1994, revision, the Governor's February 12, 1996, submittal incorporated EPA's June 16, 1995, revision, the Governor's November 20, 1996, submittal incorporated EPA's February 7, 1996, revision, the Governor's May 15, 1997, submittal incorporated EPA's October 8, 1996, revision, and the Governor's June 10, 1998, submittal incorporated EPA's August 25, 1997, revision.

   In addition to the above, the Governor's November 20, 1996, revision deleted UACR R307-14-8 (``Perchloroethylene Dry Cleaning Plants'') which had regulated dry-cleaning plants as a source of VOCs contributing to the formation of tropospheric ozone. This is acceptable to EPA as States have the option to exclude from control those VOC compounds that EPA has found to be negligibly reactive. See, e.g., 61 FR 4588, 4590, February 7, 1996. EPA notes, however, that PERC was listed as a hazardous air pollutant (HAP) under section 112(b) of the CAA. Pursuant to CAA section 112(d), EPA issued two national emission standards for hazardous air pollutants (NESHAP) for two major PERC source categories: PERC dry cleaning (58 FR 49354, September 22, 1993) and halogenated solvent cleaning (59 FR 61801, December 2, 1994). Currently, the use of PERC in dry-cleaning plants is regulated as a HAP in Utah. The provisions to address this HAP are found in 40 CFR 63, subpart M, ``National Perchloroethylene Air Emissions Standards for Dry Cleaning Facilities,'' which were incorporated by reference into Utah's UACR R307-10-2 on February 1, 1995.

   Finally, EPA is approving the minor wording changes to UACR R307-6- 1 regarding VOC emissions from air strippers and soil venting projects that were submitted by the Governor on February 12, 1996. These changes did not affect the rule's requirements, but merely replaced the title of the Utah Air Conservation Committee with the ``Utah Air Quality Board'', corrected the spelling of ``de minimis'', deleted the capitalization of ``executive secretary'', and changed the old Utah Department of Health statutory citation (26-13-6) to the correct Utah Department of Environmental Quality citation of 19-2-104.

   Analysis of the State's Process

   The CAA requires States to observe certain procedural requirements in developing SIP revisions for submittal to EPA. Section 110(a)(2) of the CAA provides that each SIP revision be

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   adopted after going through a reasonable notice and public hearing process prior to being submitted by a State to EPA. EPA has evaluated each of the above Governor's submittals and discusses them below.

   1. November 8, 1995, submittal: The State held a public hearing on May 2, 1995, and this revision to the State's VOC definition became effective on May 31, 1995. EPA took no action on the Governor's submittal and, by operation of law under the provisions of section 110(k)(1)(B) of the CAA, the submittal became complete on May 8, 1996.

   2. February 12, 1996, submittal: The State held a public hearing on September 20, 1995, and this revision to the State's VOC definition became effective on October 12, 1995. EPA took no action on the Governor's submittal and, by operation of law under the provisions of section 110(k)(1)(B) of the CAA, the submittal became complete on August 12, 1996.

   3. February 12, 1996: De Minimis Emissions from Air Strippers and Soil Venting Projects submittal. Under Utah Code 63-46a-9(1) State agencies are to review each rule within five years of its adoption or amendment. This review must determine whether statutory provisions authorizing or requiring the rule remain in place and also must consider any written comments submitted since the rule was enacted or amended. The State agency may continue, amend, or repeal the rule. UACR R307-6 had not been amended since it became effective on October 1, 1990, and, therefore, a five-year review was due on October 1, 1995. The State amended the rule but made only nonsubstantive changes, which are described above. These changes became effective on October 1, 1995. The State did not provide notice and public hearing before adopting the changes, but because of the minor, nonsubstantive nature of the changes, EPA believes that it was not necessary for the State to provide notice and public hearing before adopting these changes. EPA took no action on the Governor's submittal and, by operation of law under the provisions of section 110(k)(1)(B) of the CAA, the submittal became complete on August 12, 1996.

   4. November 20, 1996, submittal: This submittal involved two revisions. The first changed the State's VOC definition to exclude PERC. A public hearing on this portion of the submittal was held on April 18, 1996, and this revision became effective on June 6, 1996. The second revision involved the removal of UACR R307-14-8, requirements for Perchloroethylene Dry Cleaning Plants. A public hearing on this portion of the submittal was held on June 25, 1996, and this revision became effective on August 8, 1996. EPA took no action on the Governor's submittal and, by operation of law under the provisions of section 110(k)(1)(B) of the CAA, the submittal became complete on May 20, 1997.

   5. May 15, 1997, submittal: The State held a public hearing on December 17, 1996, and this revision to the State's VOC definition became effective on February 14, 1997. EPA took no action on the Governor's submittal and, by operation of law under the provisions of section 110(k)(1)(B) of the CAA, the submittal became complete on November 15, 1997.

   6. June 10, 1998, submittal: The State held a public hearing on November 19, 1997, and this revision to the State's VOC definition became effective on January 8, 1998. A letter was sent to the Governor on July 6, 1998 determining that the submittal was complete.

2. Final Action

   EPA is approving the Governor's submittals of November 8, 1995, February 12, 1996, November 20, 1996, May 15, 1997, and June 10, 1998, that revised and updated Utah's definition of a volatile organic compound (VOC) in UACR R307-1-1. The November 8, 1995, February 12, 1996, November 20, 1996, and May 15, 1997, revisions were necessary to delete volatile methyl siloxanes, parachlorobenzotrifluoride (PCBTF), acetone, perchloroethylene (PERC), HFC 43-10mee, HCFC 225ca and HCFC 225cb as EPA had previously determined that these compounds have a negligible contribution to tropospheric ozone formation. The June 10, 1998 submittal incorporated the deletion of 16 more pollutants from the federal list that were determined to have a negligible contribution to tropospheric ozone formation; the compounds are: HFC-32, HFC-161, HFC- 236fa, HFC-245ca, HFC-245ea, HFC-245eb, HFC-245fa, HFC-236ea, HFC- 365mfc, HCFC-31, HCFC-123a, HCFC-151a, C‹INF›4‹/INF›F‹INF›9‹/INF›OCH‹INF›3‹/INF›, (CF‹INF›3‹/INF›)‹INF›2‹/INF›CFCF‹INF›2‹/INF›OCH‹INF›3‹/INF›, C‹INF›4‹/INF›F‹INF›9‹/INF›OC‹INF›2‹/INF›H‹INF›5‹/INF›, and (CF‹INF›3‹/INF›)‹INF›2‹/INF›CFCF‹INF›2‹/INF›OC‹INF›2‹/INF›H‹INF›5‹/INF›. In addition, this action approves the Governor's February 12, 1996, submittal that included minor revisions to UACR R307-6-1 regarding VOC emissions from air strippers and soil venting operations. EPA is also approving the Governor's November 20, 1996, request for the removal of UACR R307-14-8 which had addressed requirements for perchloroethylene dry cleaning plants located in ozone nonattainment and maintenance areas.

   EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should adverse comments be filed. This rule will be effective October 13, 1998 without further notice unless the Agency receives adverse comments by September 14, 1998.

   If the EPA receives such comments, then EPA will publish a timely withdrawal of the direct final rule and inform the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period. Any parties interested in commenting on this rule should do so at this time. If no such comments are received, the public is advised that this rule will be effective on October 13, 1998 and no further action will be taken on the proposed rule.

   Although EPA is approving Utah's definitions of VOC which reflect EPA's August 25, 1997 revisions to the federal definition, on April 9, 1998, EPA published a revised definition of VOC (63 FR 17331) which became effective on May 11, 1998. EPA's definition excludes methyl acetate from the definition of VOC on the basis that it is of negligible reactivity and does not contribute to tropospheric ozone formation. The State's definition does not exclude this compound. Therefore, the State's definition of VOC provides for the regulation of methyl acetate, which is no longer considered to be a VOC by EPA.

   III . Administrative Requirements

   1. Executive Orders 12866 and 13045

      The Office of Management and Budget (OMB) has exempted this regulatory action from Executive Order 12866, entitled ``Regulatory Planning and Review,'' review.

      The final rule is not subject to Executive Order 13045, entitled ``Protection of Children from Environmental Health Risks and Safety Risks,'' because it is not an ``economically significant'' action under Executive Order 12866.

   2. Regulatory Flexibility Act

      The Regulatory Flexibility Act (RFA) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements unless the agency certifies that the rule will not

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      have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and small governmental jurisdictions. This final rule will not have a significant impact on a substantial number of small entities because SIP approvals under section 110 and subchapter I, part D of the Clean Air Act do not create any new requirements but simply approve requirements that the State is already imposing. Therefore, because the Federal SIP approval does not create any new requirements, I certify that this action will not have a significant economic impact on a substantial number of small entities. Moreover, due to the nature of the Federal-State relationship under the Clean Air Act, preparation of flexibility analysis would constitute Federal inquiry into the economic reasonableness of State action. The Clean Air Act forbids EPA to base its actions concerning SIPS on such grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

   3. Unfunded Mandates

      Under Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA must prepare a budgetary impact statement to accompany any proposed or final rule that includes a Federal mandate that may result in estimated costs to State, local, or tribal governments in the aggregate; or to the private sector, of $100 million or more. Under Section 205, EPA must select the most cost-effective and least burdensome alternative that achieves the objectives of the rule and is consistent with statutory requirements. Section 203 requires EPA to establish a plan for informing and advising any small governments that may be significantly or uniquely impacted by the rule.

      EPA has determined that the approval action promulgated does not include a Federal mandate that may result in estimated costs of $100 million or more to either State, local, or tribal governments in the aggregate, or to the private sector. This Federal action approves pre- existing requirements under State or local law, and imposes no new requirements. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, result from this action.

   4. Submission to Congress and the Comptroller General

      The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

   5. Petitions for Judicial Review

      Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filedin the United States Court of Appeals for the appropriate circuit by October 13, 1998. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

      List of Subjects in 40 CFR Part 52

      Environmental protection, Air pollution control, Hydrocarbons, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

      Dated: July 30, 1998. Patricia D. Hull, Acting Regional Administrator, Region VIII.

      40 CFR part 52 is amended as follows:

      PART 52--[AMENDED]

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

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

         Subpart TT--Utah

      2. Section 52.2320 is amended by adding paragraph (c) (40) to read as follows:

         Sec. 52.2320 Identification of plan.

         * * * * *

         (c) * * *

         (40) The Governor of Utah submitted revisions to the Utah State Implementation Plan to revise Utah's definition of a volatile organic compound (VOC) and to include nonsubstantive wording changes regarding VOC emissions from air strippers and soil venting operations. The revisions to the VOC definition, found in UACR R307-1-1, were submitted by the Governor on November 8, 1995, February 12, 1996, November 20, 1996, May 15, 1997, and June 10, 1998. The revisions submitted November 8, 1995, February 12, 1996, November 20, 1996, and May 15, 1997, deleted volatile methyl siloxanes, parachlorobenzotrifluoride (PCBTF), acetone, perchloroethylene (PERC), HFC 43-10mee, HCFC 225ca and HCFC 225cb from the definition of VOCs. The June 10, 1998 submittal incorporated the deletion of 16 more pollutants from the federal list that were determined to have a negligible contribution to tropospheric ozone formation; the compounds are: HFC-32, HFC-161, HFC-236fa, HFC- 245ca, HFC-245ea, HFC-245eb, HFC-245fa, HFC-236ea, HFC-365mfc, HCFC-31, HCFC-123a, HCFC-151a, C‹INF›4‹/INF›F‹INF›9‹/INF›OCH‹INF›3‹/INF›, (CF‹INF›3‹/INF›)‹INF›2‹/INF›CFCF‹INF›2‹/INF›OCH‹INF›3‹/INF›, C‹INF›4‹/INF›F‹INF›9‹/INF›OC‹INF›2‹/INF›H‹INF›5‹/INF›, and (CF‹INF›3‹/INF›)‹INF›2‹/INF›CFCF‹INF›2‹/INF›OC‹INF›2‹/INF›H‹INF›5‹/INF› (compound names only are listed here, refer to 62 FR 44901, August 25, 1997 for the chemical name and 62 FR 44903, August 25, 1997 for the complete list of exempted VOCs). A second February 12, 1996 Governor's submittal contained minor wording revisions which were made to UACR R307-6-1 regarding VOC emissions from air strippers and soil venting operations. The revision submitted November 20, 1996 also repealed UACR R307-14-8 which had addressed requirements for perchloroethylene dry cleaning plants located in ozone nonattainment and maintenance areas.

         (i) Incorporation by reference.

         (A) UACR R307-1-1, a portion of Forward and Definitions, definition of VOC, as adopted by the Utah Air Quality Board on January 7, 1998, effective January 8, 1998.

         (B) UACR R307-6, a portion of De minimis Emissions from Air Strippers and Soil Venting Projects, nonsubstantive wording changes, effective October 1, 1995.

         [FR Doc. 98-21748Filed8-13-98; 8:45 am]

         BILLING CODE 6560-50-P