[Federal Register Volume 61, Number 29 (Monday, February 12, 1996)]
[Rules and Regulations]
[Pages 5286-5288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2974]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[AZ 43-1-7199; FRL-5336-5]


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

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 
July 26, 1995. The revisions concern rules from the Maricopa County 
Environmental Services Department (MCESD). The rules control VOC 
emissions from rubber sports ball manufacturing and metal casting 
operations. 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). In addition, the final action on these rules 
serves as a final determination that the finding of nonsubmittal for 
these rules has been corrected and that on the effective date of this 
action, any Federal Implementation Plan (FIP) clock is stopped. 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 13, 1996.

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.
Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street, 
S.W., Washington, D.C. 20460.
Arizona Department of Environmental Quality, 3033 North Central Avenue, 
Phoenix, AZ 85012.
Maricopa County Department of Environmental Services, 2406 South 24th 
Street, Suite E-204, Phoenix, AZ 85034-6822.

FOR FURTHER INFORMATION CONTACT: Duane F. James, Rulemaking Section (A-
5-3), Air and Toxics Division, U.S. Environmental Protection Agency, 
Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901, 
Telephone: (415) 744-1191, email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On July 26, 1995, in 60 FR 38293, EPA proposed to approve the 
following rules into the Arizona SIP: MCESD's Rule 334, ``Rubber Sports 
Ball Manufacturing,'' and Rule 341, ``Metal Casting'' (the NPRM). The 
MCESD adopted Rule 334 on September 20, 1994, and Rule 341 on August 5, 
1994. These rules were submitted by the Arizona Department of 
Environmental Quality to EPA on August 16, 1994 (Rule 341) and December 
19, 1994 (Rule 334). These rules were submitted in response to EPA's 
1988 SIP-Call and the CAA section 182(b)(2)(C) requirement that 
nonattainment areas submit RACT rules for all major stationary sources 
of VOCs by November 15, 1992 (the RACT catch-up requirement). A 
detailed discussion of the background for each of the above rules and 
nonattainment areas is provided in the NPRM cited above.
    EPA has evaluated all of the above rules for consistency with the 
requirements of the CAA and 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 the NPRM and 
in technical support documents available at EPA's Region IX office, 
dated March 27, 1995.

Response to Public Comments

    A 30-day public comment period was provided in the NPRM. EPA 
received no comments on Rules 334 and 341.

EPA Action

    EPA is finalizing action to approve the above rules for inclusion 
into the California 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. In addition, on the effective date of this 
action, any FIP clock associated with the finding of nonsubmittal is 
stopped. 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.

Regulatory Process

    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 California was approved by the Director of the 
Federal Register on July 1, 1982.

    Dated: November 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 revising paragraph (c)(77) and 
adding paragraph (c)(81) to read as follows:


Sec. 52.120  Identification of plan.

* * * * *
    (c) * * *
    (77) Amended regulations for the following agency were submitted on 
December 19, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa County Environmental Services Department.
    (1) Rule 310, adopted on September 20, 1994. 
    
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    (2) Rule 334, adopted on September 20, 1994.
* * * * *
    (81) Amended regulation for the following agency was submitted on 
August 16, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa County Environmental Services Department.
    (1) Rule 341, adopted on August 5, 1994.
* * * * *
[FR Doc. 96-2974 Filed 2-9-96; 8:45 am]
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