[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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