[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Rules and Regulations]
[Pages 22963-22965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06878]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2023-0620; FRL-11601-02-R9]


Air Plan Revisions; Arizona; Arizona Department of Environmental 
Quality; Stationary Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing two 
revisions to the Arizona Department of Environmental Quality (ADEQ) 
portion of the Arizona State Implementation Plan (SIP). In this action, 
we are finalizing the approval of revisions submitted by the ADEQ 
governing the issuance of permits for stationary sources in accordance 
with changes that EPA has made to its New Source Review (NSR) program 
regulations under the Clean Air Act (CAA or ``the Act''). We are also 
finalizing the determination that with these revisions, the ADEQ's NSR 
program satisfies the requirements for the preconstruction review and 
permitting of major sources and major modifications under part D of 
title I of the Act for areas designated nonattainment with the 2015 
ozone National Ambient Air Quality Standards (NAAQS) with a Marginal 
classification, for areas and sources within the ADEQ's permitting 
jurisdiction.

DATES: This rule is effective May 3, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket No. EPA-R09-OAR-2023-0620. 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 (CBI) or other information the 
disclosure of which 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. 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: Camille Cassar, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105; by phone: (415) 947-4164; or by 
email to [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 Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Proposed Action

    The rules that are the subject of the EPA's current action were 
adopted by the ADEQ and submitted to the EPA on December 6, 2022 
(``December 2022 NSR submittal''). On January 2, 2024 (89 FR 39), the 
EPA proposed to approve these rules, listed in Table 1 below, into the 
ADEQ portion of the Arizona SIP.

                         Table 1--SIP Submittal
------------------------------------------------------------------------
                                                                State
                                                              effective
           Rule citation                      Title            date of
                                                              rule to be
                                                                added
------------------------------------------------------------------------
R18-2-101 (except 20)..............  Definitions...........   05/04/2022
R18-2-404..........................  Offset Standards......   05/04/2022
------------------------------------------------------------------------

    The ADEQ's December 2022 NSR submittal also requested that, as part 
of this action, the EPA remove from the ADEQ portion of the Arizona SIP 
the previous SIP-approved versions of the same rules. The rules that 
the ADEQ requested be removed from the SIP, and which the EPA proposed 
to remove from the SIP, are listed in Table 2 below.

[[Page 22964]]



                   Table 2--Current SIP Approved Rules
------------------------------------------------------------------------
                                                    Existing SIP rule(s)
                                                      requested to be
    Rule addressed in this            Title           removed from SIP
          rulemaking                                  (state effective
                                                           date)
------------------------------------------------------------------------
R18-2-101 (except 20).........  Definitions......  R18-2-101 (except 20)
                                                    (02/01/2020).
R18-2-404.....................  Offset Standards.  R18-2-404 (03/21/
                                                    2017).
------------------------------------------------------------------------

    In our proposed action, we also proposed to determine that with 
these rule revisions, the ADEQ's SIP-approved NSR program satisfies the 
requirements for the preconstruction review and permitting of major 
sources and major modifications under part D of title I of the Act for 
areas designated nonattainment with the 2015 ozone NAAQS with a 
Marginal classification, for areas and sources within the ADEQ's 
permitting jurisdiction. Our proposed action contains more information 
on the rules and our evaluation.

II. Public Comments and EPA Action

    The EPA's proposed action provided a 30-day public comment period. 
During this period, no comments were submitted on our proposal. 
Therefore, the EPA continues to find that the submitted rules should be 
approved into the Arizona SIP because they fulfill all relevant CAA 
requirements. We have concluded that our approval of the submitted 
rules will comply with the relevant provisions of CAA sections 
110(a)(2), 110(l), 165, 172(c)(5), 173, and 193, and 40 CFR 51.160-
51.166. We also find that with the submitted rule revisions, the ADEQ's 
NSR program satisfies the requirements for the preconstruction review 
and permitting of major sources and major modifications under part D of 
title I of the Act for areas designated nonattainment with the 2015 
ozone NAAQS with a Marginal classification, for the areas and sources 
within ADEQ's permitting jurisdiction. Therefore, as authorized in 
section 110(k)(3) of the Act, the EPA is approving the submitted rules 
listed in Table 1 into the Arizona SIP and removing the versions listed 
in Table 2 from the SIP.

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 incorporating by reference the following ADEQ rules: 
A.A.C. R18-2-101 (except 20) (effective 5/4/2020) and R18-2-404 
(effective 5/4/2022), which govern the issuance of permits for 
stationary sources. These rules are intended to address the CAA's 
statutory and regulatory requirements for New Source Review permit 
programs for major sources emitting nonattainment air pollutants and 
their precursors under parts C and D of title I of the CAA. The EPA has 
made, and will continue to make, these materials available through 
https://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).

IV. Statutory and Executive Order Reviews

    Under the 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 CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements 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 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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.
    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, the 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).
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''

[[Page 22965]]

    The State did not evaluate environmental justice considerations as 
part of its SIP submittal; the CAA and applicable implementing 
regulations neither prohibit nor require such an evaluation. The EPA 
did not perform an EJ analysis and did not consider EJ in this action. 
Consideration of EJ is not required as part of this action, and there 
is no information in the record inconsistent with the stated goal of 
Executive Order 12898 of achieving environmental justice for people of 
color, low-income populations, and Indigenous peoples.
    This action is subject to the Congressional Review Act, 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).
    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 June 3, 2024. 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. 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, Nitrogen oxides, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: March 27, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    For the reasons stated 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. Section 52.120, paragraph (c), Table 2 is amended by revising the 
entries for ``R18-2-101 (except 20)'' and ``R18-2-404'' to read as 
follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *

                                    Table 2--EPA-Approved Arizona Regulations
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                                                             State                                Additional
          State citation              Title/subject     effective date   EPA approval date       explanation
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                                           Arizona Administrative Code
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                                        Title 18 (Environmental Quality)
                      Chapter 2 (Department of Environmental Quality Air Pollution Control)
                                               Article 1 (General)
----------------------------------------------------------------------------------------------------------------
R18-2-101 (except 20)............  Definitions........     May 4, 2022  April 3, 2024,       Submitted
                                                                         [INSERT Federal      electronically on
                                                                         Register CITATION].  December 6, 2022,
                                                                                              as an attachment
                                                                                              to a letter dated
                                                                                              November 30, 2022.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
     Article 4 (Permit Requirements for New Major Sources and Major Modifications to Existing Major Sources)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
R18-2-404........................  Offset Standards...     May 4, 2022  April 3, 2024,       Submitted
                                                                         [INSERT Federal      electronically on
                                                                         Register CITATION].  December 6, 2022,
                                                                                              as an attachment
                                                                                              to a letter dated
                                                                                              November 30, 2022.
 
                                                  * * * * * * *
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[FR Doc. 2024-06878 Filed 4-2-24; 8:45 am]
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