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

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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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