[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Rules and Regulations]
[Pages 53676-53679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18723]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0230; FRL-9602-02-R9]


Air Plans; Arizona; Revised Format for Materials Incorporated by 
Reference; Correcting Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On November 23, 2016, the Environmental Protection Agency 
(EPA) issued a final rule titled ``Approval and Promulgation of 
Implementation Plans; State of Arizona; Revised Format for Materials 
Incorporated by Reference.'' That publication inadvertently omitted an 
entry for a regulation approved as part of the Maricopa County portion 
of the Arizona State Implementation Plan (SIP) and contained certain 
other errors. The EPA is taking direct final action to correct this 
omission and to correct the other errors. The regulations affected by 
this correcting amendment have all been previously submitted by the 
State of Arizona and approved by the EPA.

DATES: This rule is effective on October 31, 2022 without further 
notice unless the EPA receives adverse comments by October 3, 2022. If 
we receive such comments, we will publish a timely withdrawal in the 
Federal Register to notify the public that this direct final rule will 
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0230 at https://www.regulations.gov. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public 
comment policy, information about CBI or multimedia submissions, and 
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. If you need assistance in a 
language other than English or if you are a person with disabilities 
who needs a reasonable accommodation at no cost to you, please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3073 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'', 
``us'' or ``our'' are used, we mean the EPA. Information is organized 
as follows:

Table of Contents

I. Background
II. What the EPA Is Doing in This Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background

    Each State has a SIP containing the control measures and strategies 
used to attain and maintain the national ambient air quality standards 
(NAAQS). The SIP is extensive, containing such elements as air 
pollution control regulations, emission inventories, monitoring 
networks, attainment demonstrations, and enforcement mechanisms.
    On November 23, 2016 (81 FR 85038), the EPA revised the format for 
materials submitted by the State of Arizona that are approved by the 
EPA as part of the Arizona SIP and incorporated by reference (IBR) into 
the Code of Federal Regulations. In revising the format, we changed how 
we identify the contents of the applicable Arizona SIP from a paragraph 
format to a table format. The change can be seen by comparing the table 
format in the ``identification of plan'' section set forth at 40 CFR 
52.120(c), (d) and (e) with the paragraph format in the original 
``identification of plan'' section set forth at 40 CFR 52.152.
    In the November 23, 2016 final rule, we made the following errors 
that we are correcting through this action:
     Inadvertent omission of an entry for Maricopa County Air 
Quality Department (MCAQD) Rule 34 (``Organic Solvents--Volatile 
Organic Compounds (VOC)''), which the EPA approved at 47 FR 19326 (May 
5, 1982). Certain paragraphs of MCAQD Rule 34 have been superseded by 
EPA approval of more recent VOC rules for Maricopa County or have been 
rescinded, but paragraphs F, G, H, I, J and K of Rule 34 remain in the 
applicable SIP.\1\ We are adding the appropriate entry to the table of 
approved rules for Maricopa County.
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    \1\ The EPA approved the rescission of paragraphs A, D.1, E.1, 
E.3 and L of Rule 34 as proposed at 87 FR 7784 (February 10, 2022). 
Paragraphs B and C were superseded by approval of MCAQD Rule 331 
(Solvent Cleaning) at 61 FR 3578 (February 1, 1996). Paragraph D.2 
was superseded by approval of MCAQD Rule 333 (Petroleum Solvent Dry 
Cleaning) at 61 FR 3578 (February 1, 1996). Paragraph E.2 was 
superseded by approval of MCAQD Rule 335 (Architectural Coatings) at 
57 FR 354 (January 6, 1992). Paragraph E.4 was superseded by 
approval of MCAQD Rule 336 (Surface Coating Operations) at 63 FR 
6487 (February 9, 1998).
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     Inadvertent errors in the entries for Pima County 
Department of Environmental Quality (PCDEQ) Rules 7A (``Emission 
Limitation, Fuel Burning Equipment--Sulfur Dioxide'') and 7B 
(``Emission Limitation, Fuel Burning Equipment--Nitrogen Oxides''), 
which the EPA approved at 42 FR 36998 (July 19, 1977). With respect to 
Rule 7A, we indicated correctly that paragraphs 2 through 5 had been 
disapproved, but inadvertently failed to identify paragraph 6 of Rule 
7A as part of the

[[Page 53677]]

applicable SIP. With respect to Rule 7B, the entry erroneously 
identified only paragraph 1 as part of the SIP, but the approval 
applies to paragraphs 1 through 4. In this action, we are amending the 
entries accordingly and are also correcting the title of the rules to 
match the rule titles as submitted.
     Lastly, in the entry for Arizona Revised Statutes (ARS) 
section 9-500.27 (excluding paragraphs D and E), we inadvertently added 
an equals (=) sign after the section number and accompanying 
parenthetical phrase, and we are correcting the typographical error in 
this action.

II. What the EPA Is Doing in This Action

    Section 110(k)(6) of the Clean Air Act (CAA or ``Act''), as amended 
in 1990, provides that, whenever the EPA determines that the EPA's 
action approving, disapproving, or promulgating any plan or plan 
revision (or part thereof), area designation, redesignation, 
classification or reclassification was in error, the EPA may in the 
same manner as the approval, disapproval, or promulgation revise such 
action as appropriate without requiring any further submission from the 
state. Such determination and the basis thereof must be provided to the 
state and the public. We interpret this provision to authorize the EPA 
to make corrections to a promulgated regulation when it is shown to our 
satisfaction (or we discover) that (1) we clearly erred by failing to 
consider or by inappropriately considering information made available 
to the EPA at the time of the promulgation, or the information made 
available at the time of promulgation is subsequently demonstrated to 
have been clearly inadequate, and (2) other information persuasively 
supports a change in the regulation. See 57 FR 56762, at 56763 
(November 30, 1992) (correcting designations, boundaries, and 
classifications of ozone, carbon monoxide, particulate matter and lead 
areas).
    In this action, pursuant to CAA section 110(k)(6), we are 
correcting the November 23, 2016 final rule revising the format of the 
Arizona SIP in part 52 to include a MCAQD rule that we inadvertently 
omitted and to fix certain other errors we made in that rulemaking. We 
do not think anyone will object to this approval, so we are finalizing 
it without proposing it in advance. However, in the Proposed Rules 
section of this issue of the Federal Register, we are simultaneously 
proposing the same error corrections. If we receive adverse comments by 
October 3, 2022, we will publish a timely withdrawal in the Federal 
Register to notify the public that the direct final approval will not 
take effect and we will address the comments in a subsequent final 
action based on the proposal. If we do not receive timely adverse 
comments, the direct final approval will be effective without further 
notice on October 31, 2022. This will incorporate these rules into the 
federally enforceable SIP.
    Please note that if the EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, the EPA may adopt as final 
those provisions of the rule that are not the subject of an adverse 
comment.

III. 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 
and PCDEQ rules described in section I of the preamble and set forth 
below in the amendments to 40 CFR part 52. Therefore, these materials 
have been approved by the EPA for inclusion in the State Implementation 
Plan, 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 electronically through www.regulations.gov and in 
hard copy at the appropriate EPA office (see the ADDRESSES section of 
this preamble for more information).
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    \2\ 62 FR 27968 (May 22, 1997)
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IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely corrects errors in a previous 
rulemaking and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, 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. In those areas of 
Indian country, this rule does not have tribal implications and will 
not impose substantial direct costs on tribal governments or preempt 
tribal law as specified by Executive Order 13175 (65 FR 67249, November 
9, 2000).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will

[[Page 53678]]

submit a report containing this action and other required information 
to the U.S. Senate, the U.S. House of Representatives, and the 
Comptroller General of the United States prior to publication of the 
rule in the Federal Register. A major rule cannot take effect until 60 
days after it is published in the Federal Register. This action is not 
a ``major rule'' as defined by 5 U.S.C. 804(2).

C. 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 February 8, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the Proposed 
Rules section of this issue of the Federal Register, rather than file 
an immediate petition for judicial review of this direct final rule, so 
that the EPA can withdraw this direct final rule and address the 
comment in the proposed rulemaking. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur dioxide, Volatile organic compounds.

    Dated: August 24, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
    For the reasons discussed in the preamble, the Environmental 
Protection Agency amends Part 52, chapter I, title 40 of the Code of 
Federal Regulations 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. Amend Sec.  52.120 as follows:
0
a. In paragraph (c), Table 1 under the table headings ``Title 9 (Cities 
and Towns),'' ``Chapter 4 (General Powers)'' and ``Article 8 
(Miscellaneous),'' revise the entry for ``9-500.27, excluding 
paragraphs D and E.'';
0
b. In paragraph (c), Table 4 under the table headings ``Pre-July 1988 
Rule Codification'' and ``Regulation III--Control of Air 
Contaminants,'' add an entry for ``Rule 34 (paragraphs F, G, H, I, J 
and K only)'' before the entry for ``Rule 35''; and
0
c. In paragraph (c), Table 7 under the table headings ``1976-1978 Rule 
Codification'' and ``Regulation II--Fuel Burning Equipment,'' revise 
the entries for ``Rule 7A (Paragraph 1)'' and ``Rule 7B (Paragraph 
1)''.
    The revisions and addition read as follows:


Sec.  52.120   Identification of plan.

* * * * *
    (c) * * *

                                     Table 1--EPA-Approved Arizona Statutes
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                                                     State effective
         State citation            Title/subject           date        EPA approval date  Additional explanation
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                                           Title 9 (Cities and Towns)
   Chapter 4 (General Powers)
   Article 8 (Miscellaneous)
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                                                  * * * * * * *
9-500.27, excluding paragraphs   Off-road vehicle   September 19,      March 31, 2014,    Arizona Revised
 D and E.                         ordinance;         2007.              79 FR 17878.       Statutes (Thomson/
                                  applicability;                                           West, 2008).
                                  violation;                                               Submitted on May 25,
                                  classification.                                          2012. ADEQ clarified
                                                                                           and revised the May
                                                                                           25, 2012 submittal by
                                                                                           letter dated
                                                                                           September 26, 2013.
 
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              Table 4 to Paragraph (c)--Approved Maricopa County Air Pollution Control Regulations
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                                                     State effective
        County citation            Title/subject           date        EPA approval date  Additional explanation
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                                         Pre-July 1988 Rule Codification
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[[Page 53679]]

 
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                                   Regulation III--Control of Air Contaminants
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                                                  * * * * * * *
Rule 34 (paragraphs F, G, H, I,  Organic Solvents-- June 23, 1980....  May 5, 1982, 47    Submitted on June 23,
 J and K only).                   Volatile Organic                      FR 19326.          1980. EPA approved
                                  Compounds (VOC).                                         the rescission of
                                                                                           paragraphs A, D.1,
                                                                                           E.1, E.3 and L.
                                                                                           Paragraphs B and C
                                                                                           were superseded by
                                                                                           approval of Maricopa
                                                                                           Rule 331; paragraph
                                                                                           D.2 was superseded by
                                                                                           approval of Maricopa
                                                                                           Rule 333; paragraph
                                                                                           E.2 was superseded by
                                                                                           approval Maricopa
                                                                                           Rule 335; and
                                                                                           paragraph E.4 was
                                                                                           superseded by
                                                                                           approval of Maricopa
                                                                                           Rule 336.
 
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                       Table 7--EPA-Approved Pima County Air Pollution Control Regulations
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                                                     State effective
        County citation            Title/subject           date        EPA approval date  Additional explanation
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                                                  * * * * * * *
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                                           1976-1978 Rule Codification
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                                      Regulation II--Fuel Burning Equipment
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Rule 7A (Paragraphs 1 and 6)...  Emission           June 21, 1976....  July 19, 1977, 42  Submitted on September
                                  Limitation, Fuel                      FR 36998.          30, 1976. Paragraphs
                                  Burning                                                  2 to 5 were
                                  Equipment--Sulfu                                         disapproved. See 42
                                  r Dioxide.                                               FR 36998 (July 19,
                                                                                           1977).
Rule 7B (Paragraphs 1-4).......  Emission           June 21, 1976....  July 19, 1977, 42  Submitted on September
                                  Limitation, Fuel                      FR 36998.          30, 1976.
                                  Burning
                                  Equipment--Nitro
                                  gen Oxides.
 
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[FR Doc. 2022-18723 Filed 8-31-22; 8:45 am]
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