Approval and Promulgation of Implementation Plans; Arizona State Implementation Plan Revision, Maricopa County Division of Air Pollution Control

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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