[Federal Register Volume 60, Number 171 (Tuesday, September 5, 1995)]
[Rules and Regulations]
[Pages 46024-46025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21883]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[AZ 17-1-6710; FRL-5279-8]
Approval and Promulgation of Implementation Plans; Arizona State
Implementation Plan Revision, Maricopa County Environmental Services
Department--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
March 10, 1994. The revisions concern rules from the Maricopa County
Environmental Services Department--Air Pollution Control (Maricopa
County). 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). This final action serves as a final
determination that the findings of non-submittal that were issued for
these rules have been corrected and that any sanctions or Federal
Implementation Plan (FIP) obligations triggered by such non-submittal
are permanently stopped. These rules control VOC emissions from graphic
arts printing and coating operations and from the storage, loading, and
transport of organic liquids. Thus, EPA is finalizing the approval of
these rules 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 DATES: This action is effective on October 5, 1995.
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
94105-3901.
Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street
SW., Washington, D.C. 20460.
Maricopa County Environmental Services Department, 2406 South 24th
Street, Suite E-214, Phoenix, AZ 85034-6822.
Arizona Department of Environmental Quality, Air Quality Planning
Office, 3003 N. Central Avenue, Fifth Floor, Phoenix, AZ 85004.
FOR FURTHER INFORMATION CONTACT: Erik H. Beck, Rulemaking Section, Air
and Toxics Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105-3901. Telephone: (415)
744-1190. Internet E-mail: beck.erik@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
Background
On March 10, 1994, EPA proposed approval of the following rules
into the Arizona SIP: 337 (``Graphic Arts''), 350 (``Storage of Organic
Liquids at Bulk Plants and Terminals''), 351 (``Loading of Organic
Liquids''), and 352 (``Gasoline Delivery Vessels''), as
[[Page 46025]]
adopted by Maricopa County on April 6, 1992 (Rules 337, 350, and 351)
and November 16, 1992 (Rule 352). These rules were submitted by the
Arizona Department of Environmental Quality to EPA on June 29, 1992
(Rules 337, 350, and 351) and February 4, 1993 (Rule 352). 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 Notice of Proposed
Rulemaking (NPRM) cited above.
EPA has evaluated all of the above rules for consistency with the
requirements of the CAA and with EPA's regulations and 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 requirements. A detailed discussion of the
rule provisions and evaluations has been provided in 59 FR 11228 and in
technical support documents (TSDs) available at EPA's Region IX office.
These TSDs are dated: June 23, 1993 (Rule 337) and July 30, 1993 (Rules
350, 351, and 352).
Response to Public Comments
A 30-day public comment period was provided in 59 FR 11228. EPA did
not receive comments on any of the rules.
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.
On June 12, 1991 EPA notified Maricopa County that required
elements of the SIP had not been submitted to EPA, thus beginning a FIP
clock (under section 110(c) of the CAA) and a sanction clock (under
section 179(a) of the CAA). These missing elements included the
following source categories: Fixed Roof Storage (Rule 350), Gasoline
Bulk Plants and Loading Terminals (Rule 351), Stage I: Service Stations
Gasoline Transfer (Rule 353), and Graphic Arts (337). The section
179(a) sanction clock associated with these elements was terminated
upon submittal of the rules to EPA. This Final Rule permanently
terminates the section 110(c) FIP clock that commenced upon Maricopa
County's failure to submit rules 337, 350, and 351.
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
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.
Regulatory Process
The OMB has exempted this action from review under Executive Order
12866.
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: August 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 adding paragraphs (c) (70) and (78)
to read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
(70) New and amended regulations for the Maricopa County
Environmental Services Department--Air Pollution Control were submitted
on June 29, 1992, by the Governor's designee.
(i) Incorporation by reference.
(A) New Rules 337, 350, and 351, adopted on April 6, 1992.
* * * * *
(78) New and amended regulations for the Maricopa County
Environmental Services Department--Air Pollution Control were submitted
on February 4, 1993, by the Governor's designee.
(i) Incorporation by reference.
(A) New Rule 352, adopted on November 16, 1992.
* * * * *
[FR Doc. 95-21883 Filed 9-1-95; 8:45 am]
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