[Federal Register Volume 61, Number 22 (Thursday, February 1, 1996)]
[Rules and Regulations]
[Pages 3578-3579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1930]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[AZ 13-2-7096; FRL-5297-5]


Approval and Promulgation of Implementation Plans; Arizona State 
Implementation Plan Revision, Maricopa County Division of 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 
October 4, 1994. The revisions concern rules from the Maricopa County 
Division of Air Pollution Control (MCDAPC). 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). The revised rules 
control VOC emissions from solvent degreasing operations, petroleum 
solvent dry cleaning, gasoline transfer, and the use of roadway 
asphalt. Thus, EPA is finalizing the approval of these revisions 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 DATE: This action is effective on March 4, 1996.

ADDRESSES: Copies of the rule revisions 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 rule revisions 
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.
Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street 
SW., Washington, D.C. 20460.
Arizona Department of Environmental Quality, 3033 N. Central Avenue, 
Phoenix, AZ 85012.
Maricopa County Division of Air Pollution Control, 2406 South 24th 
Street, Suite E-214, Phoenix, AZ 85034.

FOR FURTHER INFORMATION CONTACT: Patricia A. Bowlin, Rulemaking 
Section, Air and Toxics Division, U.S. Environmental Protection Agency, 
Region IX, 75 Hawthorne Street, San Francisco, CA 94105, Telephone: 
(415) 744-1188.

SUPPLEMENTARY INFORMATION:

Background

    On October 4, 1994 in 59 FR 50533, EPA proposed to approve the 
following MCDAPC rules into the Arizona SIP: Rule 331, Solvent 
Cleaning; Rule 333, Petroleum Solvent Dry Cleaning; Rule 340, Cutback 
and Emulsified Asphalt; and Rule 353, Transfer of Gasoline into 
Stationary Dispensing Tanks. Rule 331 and Rule 333 were adopted by 
MCDAPC on June 22, 1992. Rule 340 was adopted on September 21, 1992, 
and Rule 353 was adopted on April 6, 1992. These rules were submitted 
by the Arizona Department of Environmental Quality (ADEQ) to EPA on 
June 29, August 10, and November 13, 1992. 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 
the nonattainment area 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, EPA regulations, and EPA 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 EPA requirements. A detailed discussion of 
the rule provisions and evaluations has been provided in 59 FR 50533 
and in technical support documents (TSDs) available at EPA's Region IX 
office.

Response to Public Comments

    A 30-day public comment period was provided in 59 FR 50533. EPA 
received no comments regarding the NPRM.

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.
    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 

[[Page 3579]]
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.
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from Executive Order 12866 review.

List of Subjects in 40 CFR Part 52

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

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

    Dated: September 5, 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 revising paragraph (c)(72) and by 
adding paragraphs (c) (79) and (80) to read as follows:


Sec. 52.120  Identification of plan.

* * * * *
    (c) * * *
    (72) New and amended plans and regulations for the following 
agencies were submitted on November 13, 1992 by the Governor's 
designee.
    (i) Incorporation by reference.
    (A) Arizona Department of Environmental Quality.
    (1) Small Business Stationary Source Technical and Environmental 
Compliance Assistance Program, adopted on November 13, 1992.
    (B) Maricopa County Environmental Quality and Community Services 
Agency.
    (1) Rule 340, adopted on September 21, 1992.
* * * * *
    (79) New and amended regulations for the following agencies were 
submitted on June 29, 1992 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa County Environmental Quality and Community Services 
Agency.
    (1) Rule 353, adopted on April 6, 1992.
* * * * *
    (80) New and amended regulations for the following agencies were 
submitted on August 10, 1992 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa County Environmental Quality and Community Services 
Agency.
    (1) Rules 331 and 333, adopted on June 22, 1992.
* * * * *
[FR Doc. 96-1930 Filed 1-31-96; 8:45 am]
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