[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
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State
County citation Title/subject effective EPA approval date Additional explanation
date
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* * * * * * *
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Post-July 1988 Rule Codification
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* * * * * * *
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Regulation III--Control of Air Contaminants
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* * * * * * *
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\
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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
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* * * * * * *
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Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas
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* * * * * * *
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.
* * * * * * *
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\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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