[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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