[Federal Register Volume 85, Number 38 (Wednesday, February 26, 2020)]
[Rules and Regulations]
[Pages 10986-10989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03247]



[[Page 10986]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0493; FRL-10005-65-Region 9]


Air Plan Conditional Approval; Arizona; Maricopa County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to conditionally approve revisions to the Maricopa County Air 
Quality Department (MCAQD or the County) portion of the Arizona State 
Implementation Plan (SIP). These revisions concern emissions of 
volatile organic compounds (VOCs) from organic liquid and gasoline 
storage and transfer operations. We are conditionally approving local 
rules that regulate these emission sources under the Clean Air Act (CAA 
or the Act). We are also conditionally approving the County's 
Reasonably Available Control Technology (RACT) demonstration for the 
source categories associated with these rules.

DATES: This rule will be effective on March 27, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2019-0493. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available through https://www.regulations.gov, or please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section for 
additional availability information.

FOR FURTHER INFORMATION CONTACT: Rebecca Newhouse, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3004 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On September 23, 2019 (84 FR 49699), the EPA proposed to 
conditionally approve the following rules into the Arizona SIP.

------------------------------------------------------------------------
   Local agency           Document            Revised        Submitted
------------------------------------------------------------------------
MCAQD.............  Rule 350: Storage         11/02/2016      06/22/2017
                     and Transfer of
                     Organic Liquids
                     (Non-Gasoline) at
                     an Organic Liquid
                     Distribution
                     Facility.
MCAQD.............  Rule 351: Storage         11/02/2016      06/22/2017
                     and Loading of
                     Gasoline at Bulk
                     Gasoline Plants and
                     Bulk Gasoline
                     Terminals.
MCAQD.............  Rule 352: Gasoline        11/02/2016      06/22/2017
                     Cargo Tank Testing
                     and Use.
MCAQD.............  Rule 353: Storage         11/02/2016      06/22/2017
                     and Loading of
                     Gasoline at
                     Gasoline Dispensing
                     Facilities.
------------------------------------------------------------------------

    We proposed to conditionally approve these rules pursuant to CAA 
section 110(k)(4) because, although rule deficiencies preclude full SIP 
approval pursuant to section 110(k)(3), the rules largely comply with 
the relevant CAA requirements, and because the MCAQD and the Arizona 
Department of Environmental Quality (ADEQ) have committed to provide 
the EPA with a SIP submission within one year of this final action that 
will include specific rule revisions that would adequately address the 
deficiencies.\1\ We also proposed to conditionally approve MCAQD's RACT 
demonstrations for the 2008 8-hr ozone National Ambient Air Quality 
Standards (NAAQS) with respect to the VOC source categories covered by 
Rules 350, 351, 352, and 353. Our proposed action contains more 
information on the rules, deficiencies, MCAQD and ADEQ commitments, and 
our evaluation.
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    \1\ Letter dated January 28, 2019, from Philip A. McNeely, 
Director, MCAQD, to Misael Cabrera, Director, ADEQ, and letter dated 
February 25, 2019, from Timothy S. Franquist, Director, Air Quality 
Division, ADEQ, to Michael Stoker, Regional Administrator, EPA, 
Region IX.
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II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received two comments. One member of the public 
expressed support for our proposed action, stating that ``[t]he EPA 
should approve the revisions contingent on Arizona's submission of 
further revisions to account for the deficiencies of its SIP.''
    The second commenter stated that Maricopa County struggles to meet 
its air quality standards, and described health and welfare impacts of 
the area's air quality. The commenter wrote that, ``I believe it is due 
time that Maricopa County enforce and meet the regulatory standards 
mandated by the EPA,'' and that the County's feet should be ``held to 
the fire'' because existing air quality actions have not been 
sufficient. Accordingly, the commenter does not support the EPA's 
proposal to conditionally approve the SIP revisions. The commenter 
acknowledged that the changes detailed in the commitment letters allow 
for RACT to be satisfied, but wrote that the proposed action would set 
a precedent for changing the regulations without changing the practices 
that jeopardize young people's health. The commenter cautioned against 
allowing Maricopa County to satisfy RACT without ``demonstrated 
action.''
    The EPA understands the commenter's concerns about the impacts of 
air quality in Maricopa County. The commenter does not appear to 
contest that the rules at issue would meet the RACT standard once the 
County's commitments are fulfilled. Instead the EPA understands the 
commenter's concern to be with the proposed conditional approval. 
Section 110(k)(4) of the Act allows the Administrator to conditionally 
approve a plan revision based on a commitment of the State to adopt 
specific enforceable measures by a date certain, but not later than one 
year after the date of approval of the plan revision. The EPA believes 
that Maricopa County and ADEQ have made the necessary commitments to 
rectify the deficiencies within the statutory timeframe. The commenter 
does not contest this. Therefore, the EPA does not understand the 
commenter to have stated that the Administrator is prohibited from 
conditionally approving Maricopa County's submission; they have instead 
asked the EPA to exercise its discretion

[[Page 10987]]

to respond to the submission in a different manner. The EPA believes 
that a conditional approval is the most appropriate action for the 
County's submittal. By conditionally approving the rules, the EPA is 
able to add the rules to the SIP without waiting for additional 
revisions. Because the rules as-submitted, despite their deficiencies, 
would strengthen the SIP, the EPA believes that it is appropriate to 
add the rules to the SIP now so that the air quality in the area can 
benefit from the stronger rules while additional revisions are made. If 
the County were to fail to meet its commitment to correct the 
identified deficiencies, the conditional approval would be treated as a 
disapproval, starting a sanctions clock under section 179(b), and a 
Federal Implementation Plan clock under section 110(c)(1).
    Because the commenter does not suggest that the County has not met 
the statutory requirements for a conditional approval, and a 
conditional approval would allow the SIP-strengthening provisions in 
the submittal to go into effect quickly, the EPA is finalizing the 
conditional approval as proposed.

III. EPA Action

    No comments were submitted that change our assessment of the rules 
as described in our proposed action. Therefore, as authorized in 
section 110(k)(4) of the Act, the EPA is conditionally approving into 
the Arizona SIP, Rules 350, 351, 352, and 353, and MCAQD's RACT 
demonstrations for the 2008 8-hr ozone NAAQS with respect to the 
following six Control Techniques Guidelines (CTGs), as described in our 
proposal: Control of Volatile Organic Emissions from Storage of 
Petroleum Liquids in Fixed-Roof Tanks (EPA-450/2-77-036); Control of 
Volatile Organic Emissions from Petroleum Liquid Storage in External 
Floating Roof Tanks (EPA-450/2-78-047); Control of Hydrocarbons from 
Tank Truck Gasoline Loading Terminals (EPA-450/2-77-026); Control of 
Volatile Organic Emissions from Bulk Gasoline Plants (EPA-450/2-77-
035); Control of Volatile Organic Compound Leaks from Gasoline Tank 
Trucks and Vapor Collection Systems (EPA-450/2-78-051); and Design 
Criteria for Stage I Vapor Control Systems--Gasoline Service Stations 
(EPA-450/R-75-102). If the MCAQD and the ADEQ submit the required rule 
revisions by the specified deadline, and the EPA approves the 
submission, then the identified deficiencies will be cured. However, if 
MCAQD, through the ADEQ, fails to submit these revisions within the 
required timeframe, the conditional approval will be treated as a 
disapproval for those rules for which the revisions are not submitted 
(and the associated RACT SIP CTG source categories).

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the MCAQD 
rules described in the amendments to 40 CFR part 52 set forth below. 
Therefore, these materials have been approved by the EPA for inclusion 
in the SIP, have been incorporated by reference by the EPA into that 
plan, are fully federally enforceable under sections 110 and 113 of the 
CAA as of the effective date of the final rulemaking of the EPA's 
approval, and will be incorporated by reference in the next update to 
the SIP compilation.\2\ The EPA has made, and will continue to make, 
these documents available through www.regulations.gov and at the EPA 
Region IX Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).
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    \2\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action 
because SIP approvals, including conditional approvals, are exempted 
under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because the conditional approvals will not in-and-of themselves 
create any new information collection burdens, but will simply 
conditionally approve certain State requirements for inclusion in the 
SIP.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, will 
result from this action.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the National Government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

G. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because the SIP is not approved to apply on any 
Indian reservation land or in any other area where the EPA or an Indian 
tribe has demonstrated that a tribe has jurisdiction, and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law. Thus, Executive Order 13175 does not apply to this action.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive order. This action is not subject to 
Executive Order 13045 because the conditional approvals will not in-
and-of themselves create any new regulations, but will simply 
conditionally approve certain State requirements for inclusion in the 
SIP.

[[Page 10988]]

I. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    The EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

M. 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 27, 2020. 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: January 24, 2020.
Deborah Jordan,
Acting Regional Administrator, Region IX.
    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart D--Arizona

0
2. Section 52.119 is amended by adding paragraph (c) to read as 
follows:


Sec.  52.119   Identification of plan--conditional approvals.

* * * * *
    (c) A plan revision for the Maricopa County Air Quality Department 
(MCAQD) submitted June 22, 2017, by the Arizona Department of 
Environmental Quality (ADEQ), the Governor's designee, providing 
MCAQD's Reasonably Available Control Technology (RACT) demonstration 
for the 2008 8-hour ozone National Ambient Air Quality Standards, and 
rule submissions in satisfaction thereof.
    (1) The conditional approval is based upon the February 25, 2019 
commitment from the State to submit a SIP revision consisting of rule 
revisions that will cure the identified deficiencies. MCAQD commits to 
submit these rules to the ADEQ within eleven (11) months after the 
EPA's conditional approval, and ADEQ commits to make the final 
submission to the EPA not later than twelve (12) months after the EPA's 
approval. If the State fails to meet its commitment, the conditional 
approval will be treated as a disapproval with respect to the rules and 
CTG categories for which the corrections are not made. The following 
MCAQD rules and additional materials are conditionally approved:
    (i) Rule 350, Storage and Transfer of Organic Liquids (Non-
Gasoline) at an Organic Liquid Distribution Facility;
    (ii) Rule 351, Storage and Loading of Gasoline at Bulk Gasoline 
Plants and Bulk Gasoline Terminals;
    (iii) Rule 352, Gasoline Cargo Tank Testing and Use;
    (iv) Rule 353, Storage and Loading of Gasoline at Gasoline 
Dispensing Facilities; and
    (v) The RACT demonstration titled ``Analysis of Reasonably 
Available Control Technology for the 2008 8-Hour Ozone National Ambient 
Air Quality Standard (NAAQS) State Implementation Plan (RACT SIP),'' 
Only those portions of the document beginning with ``Gasoline Bulk 
Plants, Fixed Roof Petroleum Tanks, External Floating Roof Petroleum 
Tanks, And Gasoline Loading Terminals'' on page 33 through the first 
full paragraph on page 35, and Appendix C: CTG RACT Spreadsheet, the 
rows beginning with ``Gasoline Bulk Plants'' on page 60, through 
``Service Stations--Stage I'' on pages 67-69. This demonstration 
represents the RACT requirement for the following source categories: 
Control of Volatile Organic Emissions from Storage of Petroleum Liquids 
in Fixed-Roof Tanks (EPA-450/2-77-036), Control of Volatile Organic 
Emissions from Petroleum Liquid Storage in External Floating Roof Tanks 
(EPA-450/2-78-047); Control of Hydrocarbons from Tank Truck Gasoline 
Loading Terminals (EPA-450/2-77-026); Control of Volatile Organic 
Emissions from Bulk Gasoline Plants (EPA-450/2-77-035); Control of 
Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor 
Collection Systems (EPA-450/2-78-051); and Design Criteria for Stage I 
Vapor Control Systems--Gasoline Service Stations (EPA-450/R-75-102).
    (2) [Reserved]

0
3. Amend Sec.  52.120 as follows:
0
a. In paragraph (c), Table 4, under the table headings ``Post-July 1988 
Rule Codification'' and ``Regulation III--Control of Air 
Contaminants,'' by revising the entries for ``Rule 350,'' ``Rule 351,'' 
``Rule 352,'' and ``Rule 353.''
0
b. In paragraph (e), Table 1, under the subheading ``Part D Elements 
and Plans for the Metropolitan Phoenix and Tucson Areas,'' by adding an 
entry for ``Analysis of Reasonably Available Control Technology for the 
2008 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) State 
Implementation Plan (RACT SIP)'' after the entry for ``Maricopa 
Association of Governments (MAG) 1987 Carbon Monoxide (CO) Plan for the 
Maricopa County Area, MAG CO Plan Commitments for Implementation, and 
Appendix A through E, Exhibit 4, Exhibit D.''
    The revisions and addition read as follows:


Sec.  52.120   Identification of plan.

* * * * *
    (c) * * *

[[Page 10989]]



                     Table 4--EPA-Approved Maricopa County Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State
      County citation             Title/subject       effective      EPA approval date    Additional explanation
                                                         date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Post-July 1988 Rule Codification
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Regulation III--Control of Air Contaminants
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Rule 350...................  Storage and Transfer     11/02/2016  2/26/2020, [INSERT      Submitted on June 22,
                              of Organic Liquids                   Federal Register        2017.
                              (Non-Gasoline) at an                 CITATION].
                              Organic Liquid
                              Distribution Facility.
Rule 351...................  Storage and Loading of   11/02/2016  2/26/2020, [INSERT      Submitted on June 22,
                              Gasoline at Bulk                     Federal Register        2017.
                              Gasoline Plants and                  CITATION].
                              Bulk Gasoline
                              Terminals.
Rule 352...................  Gasoline Cargo Tank      11/02/2016  2/26/2020, [INSERT      Submitted on June 22,
                              Testing and Use.                     Federal Register        2017.
                                                                   CITATION].
Rule 353...................  Storage and Loading of   11/02/2016  2/26/2020, [INSERT      Submitted on June 22,
                              Gasoline at Gasoline                 Federal Register        2017.
                              Dispensing Facilities.               CITATION].
 
                                                  * * * * * * *
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* * * * *
    (e) * * *

                       Table 1--EPA-Approved Non-Regulatory and Quasi-Regulatory Measures
       [Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] \1\
----------------------------------------------------------------------------------------------------------------
                                     Applicable
                                    geographic or         State
     Name of SIP provision       nonattainment area  submittal date   EPA approval date        Explanation
                                  or title/subject
----------------------------------------------------------------------------------------------------------------
                         The State of Arizona Air Pollution Control Implementation Plan
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                     Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Analysis of Reasonably           Maricopa County      June 22, 2017  2/26/2020, [INSERT  Only those portions of
 Available Control Technology     portion of                          Federal Register    the document beginning
 for the 2008 8-Hour Ozone        Phoenix-Mesa                        CITATION].          with ``Gasoline Bulk
 National Ambient Air Quality     nonattainment                                           Plants, Fixed Roof
 Standard (NAAQS) State           area for 2008 8-                                        Petroleum Tanks,
 Implementation Plan (RACT SIP).  hour ozone NAAQS.                                       External Floating Roof
                                                                                          Petroleum Tanks, And
                                                                                          Gasoline Loading
                                                                                          Terminals'' on page 33
                                                                                          through the first full
                                                                                          paragraph on page 35,
                                                                                          and Appendix C: CTG
                                                                                          RACT Spreadsheet, the
                                                                                          rows beginning with
                                                                                          ``Gasoline Bulk
                                                                                          Plants'' on page 60,
                                                                                          through ``Service
                                                                                          Stations--Stage I'' on
                                                                                          pages 67-69.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements
  (excluding Part D Elements and Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or
  Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas.

* * * * *
[FR Doc. 2020-03247 Filed 2-25-20; 8:45 am]
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