[Federal Register Volume 89, Number 161 (Tuesday, August 20, 2024)]
[Rules and Regulations]
[Pages 67301-67303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17500]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0748; FRL-11882-02-R9]
Air Plan Revisions; Arizona; Maricopa County Air Quality
Department
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Maricopa County Air Quality
Department (MCAQD) portion of the Arizona State Implementation Plan
(SIP). These revisions concern emissions of volatile organic compounds
(VOCs), oxides of nitrogen (NOX), particulate matter (PM),
and oxides of sulfur (SOX). We are approving local rules
that regulate these emission sources under the Clean Air Act (CAA or
the Act).
DATES: This rule action will be effective September 19, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2021-0748. 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 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. If you need assistance
in a language other than English or if you are a person with a
disability 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: La Kenya Evans-Hopper, EPA Region IX,
75 Hawthorne St., San Francisco, CA 94105; phone: (415) 972-3245;
email: [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 April 16, 2024 (89 FR 26813), the EPA proposed to approve the
following rules and rule rescissions into the Arizona SIP.
Table 1--Rules To Be Rescinded
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Rule No. Title Local adoption date SIP approval date FR citation
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22.............................. Permit Denial-Action- August 12, 1971............... July 27, 1972................ 37 FR 15080.
Transfer-Expiration-
Posting-Revocation-
Compliance.
28.............................. Permit Fees............. March 8, 1982................. June 18, 1982................ 47 FR 26382.
32 G............................ Other Industries........ October 1, 1975............... April 12, 1982............... 47 FR 15579.
32 H............................ Fuel Burning Equipment October 1, 1975............... April 12, 1982............... 47 FR 15579.
for Producing Electric
Power (Sulfur Dioxide).
32 J............................ Operating Requirements June 23, 1980................. April 12, 1982............... 47 FR 15579.
for an Asphalt Kettle.
32 K............................ Emissions of Carbon June 23, 1980................. April 12, 1982............... 47 FR 15579.
Monoxide.
41 A............................ Monitoring.............. August 12, 1971............... July 27, 1972................ 37 FR 15080.
41 B............................ Monitoring.............. October 2, 1978............... April 12, 1982............... 47 FR 15579.
42.............................. Testing and Sampling.... August 12, 1971............... July 27, 19.72............... 37 FR 15080.
74 C............................ Public Notification..... June 23, 1980................. April 12, 1982............... 47 FR 15579.
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Table 2--Submitted Rules
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Rule No. Title Local revision date EPA submission date
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320 section 306................ Odors and Gaseous July 2, 2003................. November 13, 2023.
Air Contaminants,
Limitation--Sulfu
r from Other
Industries.
[[Page 67302]]
320 section 307................ Odors and Gaseous July 2, 2003................. November 13, 2023.
Air Contaminants,
Operating
Requirements--Asp
halt Kettles and
Dip Tanks.
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We proposed to approve the rescission of the rules in table 1, and
the inclusion of the rules in table 2, because we determined that the
rule rescissions in table 1 and rule replacements in table 2 comply
with the relevant CAA requirements. Our proposed action contains more
information on the rules and our evaluation.
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. The comments discussed
Arizona's legalization of recreational marijuana and its impact on air
quality. The EPA has determined that the comments fail to raise issues
germane to the proposed recission and/or replacement of local rules
from the MCAQD portion of the Arizona SIP. Therefore, we have
determined that these comments do not necessitate a response, and the
EPA will not provide specific responses to the comments in this notice.
III. EPA Action
No comments were submitted that change our assessment of the rule
recissions as described in our proposed action. Therefore, as
authorized in section 110(k)(3) of the Act, the EPA is approving the
rule recissions in table 1, and the inclusion of the Rules in table 2
into the Arizona SIP. The recissions will remove the previously
approved Rule 22, Rule 28, Rule 32 sections G, H, J, and K, Rule 41,
Rule 42 and Rule 74 section C from the SIP. Rule 320, section 306 will
replace Rule 32, section G and Rule 320, section 307 will replace Rule
32, section J in the SIP.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. The EPA is also finalizing deletion of
rules that were previously incorporated by reference from the
applicable Arizona SIP. In accordance with requirements of 1 CFR 51.5,
the EPA is finalizing the incorporation by reference of Maricopa Rule
320 section 306,--Odors and Gaseous Air Contaminants, Limitation--
Sulfur from Other Industries, and Rule 320 section 307, Odors and
Gaseous Air Contaminants, Operating Requirements--Asphalt Kettles and
Dip Tanks, revised on July 2, 2003, which regulates sulfur and visible
emissions from asphalt kettle or dip tanks. The EPA is also finalizing
the incorporation by reference for the rescission of the Arizona rules
described in the amendments to 40 CFR part 52 set forth below.
Therefore, these materials have been approved by the EPA for removal
from the SIP, and will be 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 in the next update to the SIP compilation.\1\ 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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\1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews
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 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 67303]]
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.
Due to the nature of the action being taken here, this action is
expected to have a neutral to positive impact on the air quality of the
affected area. 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 October 21, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
oxides, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 29, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the preamble, EPA 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. In Sec. 52.120, in paragraph (c), amend ``Table 4 to Paragraph
(c)--EPA-Approved Maricopa County Air Pollution Control Regulations''
by:
0
a. Removing the entries for ``Rule 22,'' ``Rule 28,'' ``Rule 32
(Paragraphs G, H, J, and K only),'' ``Rule 41 (Paragraphs A and B
only),'' ``Rule 42,'' and ``Rule 74 (Paragraph C only)''; and
0
b. Adding entries for ``Rule 320 section 306'' and ``Rule 320 section
307'' after the entry for ``Rule 318''.
The additions read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
Table 4 to Paragraph (c)--EPA-Approved Maricopa County Air Pollution Control Regulations
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State effective Additional
County citation Title/subject date EPA approval date explanation
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Post-July 1998 Rule Codification
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Regulation III--Control of Air Contaminants
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Rule 320 section 306............ Odors and Gaseous July 2, 2003...... August 20, 2024, Submitted on
Air Contaminants, [INSERT FEDERAL November 13,
Limitation--Sulfu REGISTER 2023.
r from Other CITATION].
Industries.
Rule 320 section 307............ Odors and Gaseous July 2, 2003...... August 20, 2024, Submitted on
Air Contaminants, [INSERT FEDERAL November 13,
Operating REGISTER 2023.
Requirements--Asp CITATION].
halt Kettles and
Dip Tanks.
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[FR Doc. 2024-17500 Filed 8-19-24; 8:45 am]
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