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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AZ 017-0007; FRL-5956-8]

Approval and Promulgation of Implementation Plans; Arizona State

Implementation Plan Revision, Maricopa County

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

December 17, 1997. The revisions concern rules from the Maricopa County

Environmental Services Department, Technical Services Division (MCESD).

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

cleaning, petroleum solvent dry cleaning, rubber sports ball

manufacturing, graphic arts, semiconductor manufacturing, vegetable oil

extraction processes, wood furniture and fixture coating, wood millwork

coating, and loading of organic liquids. 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 11, 1998.

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 Office (AIR-4), Air 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, DC 20460.

Arizona Department of Environmental Quality, 3003 North Central

Avenue, Phoenix, AZ 85012.

Maricopa County Environmental Services Department, 2406 S. 24th

Street, suite E-214, Phoenix, AZ 85034.

[[Page 6490]]

FOR FURTHER INFORMATION CONTACT: Andrew Steckel, Rulemaking Office,

(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX,

75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-

1185.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rules being approved into the Arizona SIP include: MCESD's

Rules 331-Solvent Cleaning, 333-Petroleum Solvent Dry Cleaning, 334-

Rubber Sports Ball Manufacturing, 337-Graphic Arts, 338-Semiconductor

Manufacturing, 339-Vegetable Oil Extraction Processes, 342-Coating Wood

Furniture and Fixture, 346-Coating Wood Millwork, and 351-Loading of

Organic Liquids. These rules were submitted by the Arizona Department

of Environmental Quality (ADEQ) to EPA on February 4, 1993 (Rule 339),

August 31, 1995 (Rule 351), February 26, 1997 (Rules 331, 333, 334,

336, and 338) and March 4, 1997 (Rules 342, 337, and 346) respectively.

II. Background

On December 17, 1997 in 62 FR 66043, EPA proposed to approve the

following rules into the Arizona SIP: MCESD's Rules 331-Solvent

Cleaning, 333-Petroleum Solvent Dry Cleaning, 334-Rubber Sports Ball

Manufacturing, 337-Graphic Arts, 338-Semiconductor Manufacturing, 339-

Vegetable Oil Extraction Processes, 342-Coating Wood Furniture and

Fixture, 346-Coating Wood Millwork, and 351-Loading of Organic Liquids.

Rules 331, 333, 334, 338, were adopted by MCESD on June 19, 1996, Rule

339 on November 16, 1992, Rules 337, 342 and 346 on November 20, 1996,

and Rule 351 on February 15, 1995. These rules were submitted by ADEQ

to EPA on February 4, 1993 (Rule 339), August 31, 1995 (Rule 351),

February 26, 1997 (Rules 331, 333, 334, 336, and 338) and March 4, 1997

(Rules 342, 337, and 346) respectively. 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 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 62 FR 66043

and in technical support documents (TSDs) available at EPA's Region IX

office (TSDs dated September 1997 (Rules 333 and 351), October 1997

(Rules 334, 338, 339, 342, 346), and November 1997 (Rules 331 and 337).

III. Response to Public Comments

A 30-day public comment period was provided in 62 FR 66043. EPA did

not receive any comments.

IV. 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.

V. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the

Clean Air Act do not create any new requirements but simply approve

requirements that the State is already imposing. Therefore, because the

Federal SIP approval does not impose any new requirements, the

Administrator certifies that it does not have a significant impact on

any small entities affected. Moreover, due to the nature of the

Federal-State relationship under the CAA, preparation of a flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of state action. The Clean Air Act forbids EPA to base

its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.

EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

private sector, of $100 million or more. Under section 205, EPA must

select the most cost-effective and least burdensome alternative that

achieves the objectives of the rule and is consistent with statutory

requirements. Section 203 requires EPA to establish a plan for

informing and advising any small governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

Federal requirements. Accordingly, no additional costs to State, local,

or tribal governments, or to the private sector, result from this

action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major'' as defined by 5 U.S.C.

804(2).

[[Page 6491]]

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by April 10, 1998. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be filed, and shall not postpone the effectiveness of such

rule or action. This action may not be challenged later in proceedings

to enforce its requirements. (See section 307(b)(2).)

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: January 15, 1998.

David P. Howekamp,

Acting Regional Administrator, Region IX.

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 et seq.

Subpart D--Arizona

2. Section 52.120 is amended by adding paragraphs (c)(78)(i)(C),

(c)(82)(i)(C), (c)(83) and (c)(85) to read as follows:

Sec. 52.120 Identification of plan.

* * * * *

(c) * * *

(78) * * *

(i) * * *

(C) Rule 339, adopted on November 16, 1992.

* * * * *

(82) * * *

(i) * * *

(C) Rule 351, revised on February 15, 1995.

* * * * *

(83) New and revised rules and regulations for the Maricopa County

Environmental Services Department-Air Pollution Control were submitted

on February 26, 1997, by the Governor's designee.

(i) Incorporation by reference.

(A) Rules 331, 333, and 334, revised on June 19, 1996, and Rule

338, adopted on June 19, 1996.

* * * * *

(85) New and revised rules and regulations for the Maricopa County

Environmental Services Department-Air Pollution Control were submitted

on March 4, 1997, by the Governor's designee.

(i) Incorporation by reference.

(A) Rule 337, revised on November 20, 1996, and Rules 342, and 346,

adopted on November 20, 1996.

* * * * *

[FR Doc. 98-3022 Filed 2-6-98; 8:45 am]

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