[Federal Register Volume 60, Number 171 (Tuesday, September 5, 1995)]
[Rules and Regulations]
[Pages 46024-46025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21883]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[AZ 17-1-6710; FRL-5279-8]


Approval and Promulgation of Implementation Plans; Arizona State 
Implementation Plan Revision, Maricopa County Environmental Services 
Department--Air Pollution Control

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing the approval of revisions to the Arizona 
State Implementation Plan (SIP) proposed in the Federal Register on 
March 10, 1994. The revisions concern rules from the Maricopa County 
Environmental Services Department--Air Pollution Control (Maricopa 
County). This approval action will incorporate these rules into the 
federally approved SIP. The intended effect of approving these rules is 
to regulate emissions of volatile organic compounds (VOCs) in 
accordance with the requirements of the Clean Air Act, as amended in 
1990 (CAA or the Act). This final action serves as a final 
determination that the findings of non-submittal that were issued for 
these rules have been corrected and that any sanctions or Federal 
Implementation Plan (FIP) obligations triggered by such non-submittal 
are permanently stopped. These rules control VOC emissions from graphic 
arts printing and coating operations and from the storage, loading, and 
transport of organic liquids. Thus, EPA is finalizing the approval of 
these rules into the Arizona SIP under provisions of the CAA regarding 
EPA action on SIP submittals, SIPs for national primary and secondary 
ambient air quality standards and plan requirements for nonattainment 
areas.

EFFECTIVE DATES: This action is effective on October 5, 1995.

ADDRESSES: Copies of the rules and EPA's evaluation report for each 
rule are available for public inspection at EPA's Region IX office 
during normal business hours. Copies of the submitted rules are 
available for inspection at the following locations:

Rulemaking Section (A-5-3), Air and Toxics Division, U.S. Environmental 
Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street 
SW., Washington, D.C. 20460.
Maricopa County Environmental Services Department, 2406 South 24th 
Street, Suite E-214, Phoenix, AZ 85034-6822.
Arizona Department of Environmental Quality, Air Quality Planning 
Office, 3003 N. Central Avenue, Fifth Floor, Phoenix, AZ 85004.

FOR FURTHER INFORMATION CONTACT: Erik H. Beck, Rulemaking Section, Air 
and Toxics Division, U.S. Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, CA 94105-3901. Telephone: (415) 
744-1190. Internet E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On March 10, 1994, EPA proposed approval of the following rules 
into the Arizona SIP: 337 (``Graphic Arts''), 350 (``Storage of Organic 
Liquids at Bulk Plants and Terminals''), 351 (``Loading of Organic 
Liquids''), and 352 (``Gasoline Delivery Vessels''), as 

[[Page 46025]]
adopted by Maricopa County on April 6, 1992 (Rules 337, 350, and 351) 
and November 16, 1992 (Rule 352). These rules were submitted by the 
Arizona Department of Environmental Quality to EPA on June 29, 1992 
(Rules 337, 350, and 351) and February 4, 1993 (Rule 352). These rules 
were submitted in response to EPA's 1988 SIP-Call and the CAA section 
182(a)(2)(A) requirement that nonattainment areas fix their reasonably 
available control technology (RACT) rules for ozone in accordance with 
EPA guidance that interpreted the requirements of the pre-amendment 
Act. A detailed discussion of the background for each of the above 
rules and nonattainment areas is provided in the Notice of Proposed 
Rulemaking (NPRM) cited above.
    EPA has evaluated all of the above rules for consistency with the 
requirements of the CAA and with EPA's regulations and interpretation 
of these requirements as expressed in the various EPA policy guidance 
documents referenced in the NPRM cited above. EPA has found that the 
rules meet the applicable requirements. A detailed discussion of the 
rule provisions and evaluations has been provided in 59 FR 11228 and in 
technical support documents (TSDs) available at EPA's Region IX office. 
These TSDs are dated: June 23, 1993 (Rule 337) and July 30, 1993 (Rules 
350, 351, and 352).
Response to Public Comments

    A 30-day public comment period was provided in 59 FR 11228. EPA did 
not receive comments on any of the rules.

EPA Action

    EPA is finalizing action to approve the above rules for inclusion 
into the Arizona SIP. EPA is approving the submittal under section 
110(k)(3) as meeting the requirements of section 110(a) and Part D of 
the CAA. This approval action will incorporate these rules into the 
federally approved SIP. The intended effect of approving these rules is 
to regulate emissions of VOCs in accordance with the requirements of 
the CAA.
    On June 12, 1991 EPA notified Maricopa County that required 
elements of the SIP had not been submitted to EPA, thus beginning a FIP 
clock (under section 110(c) of the CAA) and a sanction clock (under 
section 179(a) of the CAA). These missing elements included the 
following source categories: Fixed Roof Storage (Rule 350), Gasoline 
Bulk Plants and Loading Terminals (Rule 351), Stage I: Service Stations 
Gasoline Transfer (Rule 353), and Graphic Arts (337). The section 
179(a) sanction clock associated with these elements was terminated 
upon submittal of the rules to EPA. This Final Rule permanently 
terminates the section 110(c) FIP clock that commenced upon Maricopa 
County's failure to submit rules 337, 350, and 351.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

Unfunded Mandates

    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector or to 
State, local, or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the State and any affected local or tribal governments have 
elected to adopt the program provided for under Part D of the Clean Air 
Act. These rules may bind State, local, and tribal governments to 
perform certain actions and also require the private sector to perform 
certain duties. The rules being approved by this action will impose no 
new requirements because affected sources are already subject to these 
regulations under State law. Therefore, no additional costs to State, 
local, or tribal governments or to the private sector result from this 
action. EPA has also determined that this final action does not include 
a mandate that may result in estimated costs of $100 million or more to 
State, local, or tribal governments in the aggregate or to the private 
sector.

Regulatory Process

    The OMB has exempted this action from review under Executive Order 
12866.

List of Subjects in 40 CFR Part 52

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

    Note: Incorporation by reference of the State Implementation 
Plan for the State of Arizona was approved by the Director of the 
Federal Register on July 1, 1982.

    Dated: August 8, 1995.
Felicia Marcus,
Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

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

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

Subpart D--Arizona

    2. Section 52.120 is amended by adding paragraphs (c) (70) and (78) 
to read as follows:


Sec. 52.120  Identification of plan.

* * * * *
    (c) * * *
    (70) New and amended regulations for the Maricopa County 
Environmental Services Department--Air Pollution Control were submitted 
on June 29, 1992, by the Governor's designee.
    (i) Incorporation by reference.
    (A) New Rules 337, 350, and 351, adopted on April 6, 1992.
* * * * *
    (78) New and amended regulations for the Maricopa County 
Environmental Services Department--Air Pollution Control were submitted 
on February 4, 1993, by the Governor's designee.
    (i) Incorporation by reference.
    (A) New Rule 352, adopted on November 16, 1992.
* * * * *
[FR Doc. 95-21883 Filed 9-1-95; 8:45 am]
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