[Federal Register Volume 89, Number 171 (Wednesday, September 4, 2024)]
[Rules and Regulations]
[Pages 71830-71838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17711]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2022-0326; FRL-9693-02-R9]


Partial Approval and Partial Disapproval of Air Quality State 
Implementation Plans; Arizona; 2015 Ozone Infrastructure Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving in part 
and disapproving in part State implementation plan (SIP) revisions 
submitted by the State of Arizona pursuant to the Clean Air Act (CAA) 
for the implementation, maintenance, and enforcement of the 2015 ozone 
national ambient air quality standards (NAAQS or ``standard''). In 
addition to our partial approval and partial disapproval of Arizona's 
SIP revision, the EPA is approving rules in the Arizona Revised 
Statutes and Pima County Code related to public availability of 
emissions reports into the Arizona SIP and reclassifying regions in 
Arizona with respect to emergency episode plans for ozone. 
Additionally, this final action includes an error correction to amend 
regulatory text related to the nonattainment designation of the 
Phoenix-Mesa, Arizona area for the 2015 ozone NAAQS.

DATES: This rule is effective October 4, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2022-0326. 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 
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: Ben Leers, Planning and Analysis 
Branch (AIR-2), Air and Radiation Division, EPA Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105, (415) 947-4279, or by email at 
[email protected].

[[Page 71831]]


SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to the EPA.

Table of Contents

I. Background
    A. Statutory Requirements
    B. State Submittals
    C. EPA's Proposal
II. Public Comments and EPA Responses
III. Final Action
    A. Partial Approvals and Partial Disapprovals
    B. Incorporation of Rules Into Arizona's State Implementation 
Plan
    C. Reclassification of Regions for Ozone Episode Plans
    D. Error Correction to 40 CFR 81.303
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

A. Statutory Requirements

    Section 110(a)(1) of the CAA requires each State to submit to the 
EPA, within three years after the promulgation of a primary or 
secondary NAAQS or any revision thereof, a SIP revision that provides 
for the implementation, maintenance, and enforcement of such NAAQS.
    Section 110(a)(2) of the CAA contains the infrastructure SIP 
requirements that generally relate to the information, authorities, 
compliance assurances, procedural requirements, and control measures 
that constitute the ``infrastructure'' of a State's air quality 
management program. These infrastructure SIP requirements (or 
``elements'') required by section 110(a)(2) are as follows:
     Section 110(a)(2)(A): Emission limits and other control 
measures.
     Section 110(a)(2)(B): Ambient air quality monitoring/data 
system.
     Section 110(a)(2)(C): Program for enforcement of control 
measures and regulation of new and modified stationary sources.
     Section 110(a)(2)(D)(i): Interstate pollution transport.
     Section 110(a)(2)(D)(ii): Interstate and international 
pollution abatement.
     Section 110(a)(2)(E): Adequate resources and authority, 
conflict of interest, and oversight of local and regional government 
agencies.
     Section 110(a)(2)(F): Stationary source monitoring and 
reporting.
     Section 110(a)(2)(G): Emergency episodes.
     Section 110(a)(2)(H): SIP revisions.
     Section 110(a)(2)(J): Consultation with government 
officials, public notification, prevention of significant deterioration 
(PSD), and visibility protection.
     Section 110(a)(2)(K): Air quality modeling and submittal 
of modeling data.
     Section 110(a)(2)(L): Permitting fees.
     Section 110(a)(2)(M): Consultation/participation by 
affected local entities.
    Two elements identified in section 110(a)(2) are not governed by 
the three-year submittal deadline of section 110(a)(1) and are 
therefore not addressed in this action. These two elements are: (i) 
section 110(a)(2)(C), to the extent that it refers to permit programs 
required under part D (nonattainment new source review (NSR)), and (ii) 
section 110(a)(2)(I), pertaining to the nonattainment planning 
requirements of part D. As a result, this action does not address 
requirements for the nonattainment NSR portion of section 110(a)(2)(C) 
or the whole of section 110(a)(2)(I).
    This action also does not address the interstate transport 
requirements under section 110(a)(2)(D)(i)(I), referred to as ``prongs 
1 and 2'' of section 110(a)(2)(D)(i), or the requirements of section 
110(a)(2)(D)(i)(II) pertaining to interference with visibility 
protection in other States, referred to as ``prong 4'' of section 
110(a)(2)(D)(i). The EPA has proposed action on Arizona's SIP with 
respect to prongs 1, 2 and 4 of section 110(a)(2)(D)(i) for the 2015 
ozone NAAQS in separate rulemakings.\1\
---------------------------------------------------------------------------

    \1\ The EPA proposed to approve Arizona's SIP with respect to 
prongs 1 and 2 of section 110(a)(2)(D)(i) on June 24, 2022 (87 FR 
37776). However, based on updated photochemical modeling, the EPA 
issued a supplemental proposal on February 16, 2024, proposing to 
approve Arizona's SIP with respect to prong 1 and to disapprove 
Arizona's SIP with respect to prong 2 (89 FR 12666). The EPA 
proposed to disapprove Arizona's SIP with respect to prong 4 of 
section 110(a)(2)(D)(i) on May 31, 2024 (89 FR 47398).
---------------------------------------------------------------------------

B. State Submittals

    The Arizona Department of Environmental Quality (ADEQ) submitted 
two SIP revisions to address the infrastructure SIP requirements in CAA 
sections 110(a)(1) and 110(a)(2) for the 2015 ozone NAAQS. On September 
24, 2018, ADEQ submitted the ``Arizona State Implementation Plan 
Revision under Clean Air Act Sections 110(a)(1) and 110(a)(2) for the 
2015 Ozone National Ambient Air Quality Standards.'' \2\ On February 
10, 2022, ADEQ submitted the ``State Implementation Plan Revision: 
Clean Air Act Section 110(a)(2) for the 2012 Fine Particulate & 2015 
Ozone NAAQS'' (``2022 I-SIP supplement'').\3\ These submittals 
collectively address Arizona's obligation to satisfy infrastructure SIP 
requirements for the 2015 ozone NAAQS.\4\ We refer to them collectively 
herein as ``Arizona's ozone I-SIP submittals.''
---------------------------------------------------------------------------

    \2\ Letter dated September 24, 2018, from Timothy S. Franquist, 
Director, Air Quality Division, ADEQ, to Michael Stoker, Regional 
Administrator, EPA Region IX, Subject: ``Submittal of the Arizona 
State Implementation Plan Revision under Clean Air Act Sections 
110(a)(1) and 110(a)(2) for the 2015 Ozone NAAQS.''
    \3\ Letter dated February 10, 2022, from Daniel Czecholinski, 
Director, Air Quality Division, ADEQ, to Martha Guzman, Regional 
Administrator, EPA Region IX, Subject: ``Submittal of the Arizona 
State Implementation Plan Revision under Clean Air Act Sections 
110(a)(2) for the 2012 Fine Particulate and the 2015 Ozone NAAQS.''
    \4\ The 2022 I-SIP supplement also addresses certain 
infrastructure SIP requirements for the 2012 fine particulate matter 
(PM2.5) NAAQS. We are not taking action on the portions 
of the 2022 I-SIP supplement addressing the 2012 PM2.5 
NAAQS in this rulemaking.
---------------------------------------------------------------------------

C. EPA's Proposal

1. Approvals and Partial Approvals
    We evaluated Arizona's ozone I-SIP submittals and the existing 
provisions of the Arizona SIP for compliance with the infrastructure 
SIP requirements of CAA section 110(a)(2) and the applicable 
regulations in 40 CFR part 51 (``Requirements for Preparation, 
Adoption, and Submittal of State Implementation Plans''). Based on the 
evaluation presented in the proposed rulemaking and in the accompanying 
technical support document (TSD), on December 5, 2022, we proposed to 
partially approve Arizona's ozone I-SIP submittals with respect to the 
2015 ozone NAAQS for the requirements of the following sections of the 
CAA.\5\ Partial approvals are indicated by the parenthetical ``(in 
part).''
---------------------------------------------------------------------------

    \5\ 87 FR 74349 (December 5, 2022). The TSD supporting our 
proposed rulemaking is available at https://www.regulations.gov 
under Docket ID EPA-R09-OAR-2022-0326.
---------------------------------------------------------------------------

     Section 110(a)(2)(A)--Emission limits and other control 
measures.
     Section 110(a)(2)(B)--Ambient air quality monitoring/data 
system.
     Section 110(a)(2)(C)--Program for enforcement of control 
measures and regulation of new stationary sources (in part).
     Section 110(a)(2)(D)(i)(II)--Interference with 
maintenance, or ``prong 3'' (in part).
     Section 110(a)(2)(D)(ii)--Interstate pollution abatement, 
CAA section 126 (in part).
     Section 110(a)(2)(D)(ii)--International pollution 
abatement, CAA section 115.
     Section 110(a)(2)(E)--Adequate resources and authority, 
conflict of interest, and oversight of local governments and regional 
agencies.
     Section 110(a)(2)(F)--Stationary source monitoring and 
reporting.
     Section 110(a)(2)(G)--Emergency episodes.
     Section 110(a)(2)(H)--Consultation with government 
officials.

[[Page 71832]]

     Section 110(a)(2)(J)--Consultation with government 
officials, public notification, PSD, and visibility protection (in 
part).
     Section 110(a)(2)(K)--Air quality modeling and submission 
of modeling data.
     Section 110(a)(2)(L)--Permitting fees.
     Section 110(a)(2)(M)--Consultation/participation by 
affected local entities.
2. Partial Disapprovals
    Based on the evaluation presented in the proposed rulemaking and 
accompanying TSD,\6\ the EPA proposed to partially disapprove Arizona's 
ozone I-SIP submittals with respect to the 2015 ozone NAAQS for the 
following CAA requirements:
---------------------------------------------------------------------------

    \6\ 87 FR 74349.
---------------------------------------------------------------------------

     Section 110(a)(2)(C)--Program for enforcement of control 
measures and regulation of new stationary sources (in part).
     Section 110(a)(2)(D)(i)(II)--Interference with 
maintenance, or ``prong 3'' (in part).
     Section 110(a)(2)(D)(ii)--Interstate pollution abatement, 
CAA section 126 (in part).\7\
---------------------------------------------------------------------------

    \7\ In our proposed rulemaking, we inadvertently omitted ``(in 
part)'' from the proposed partial disapproval of section 
110(a)(2)(D)(ii) and are correcting it in this rulemaking. The 
analysis in the TSD and the proposed partial approval of section 
110(a)(2)(D)(ii) support our intention to partially disapprove 
section 110(a)(2)(D)(ii).
---------------------------------------------------------------------------

     Section 110(a)(2)(J)--PSD and visibility protection (in 
part).
    The EPA proposed to partially disapprove Arizona's ozone I-SIP 
submittals with respect to the 2015 ozone NAAQS for these CAA 
requirements due to deficiencies with PSD permitting of greenhouse 
gases in all permitting jurisdictions in Arizona and with PSD 
permitting of all NSR-regulated pollutants in Pima County.
3. Incorporation of Rules Into Arizona's State Implementation Plan
    The 2022 I-SIP supplement includes the submittal of the following 
two rules for incorporation into the Arizona SIP to meet the 
requirements of CAA section 110(a)(2)(F) for the 2015 ozone NAAQS: 
Arizona Revised Statute (ARS) 49-432(C) and Pima County Code (PCC) 
17.24.010. We reviewed ARS 49-432(C) and PCC 17.24.010 and found that 
they sufficiently provide for the public availability of stationary 
source emissions reports consistent with the requirements of CAA 
section 110(a)(2)(F). We therefore proposed to approve ARS 49-432(C) 
and PCC 17.24.010 into the Arizona SIP.
4. Reclassification of Regions for Ozone Episode Plans
    Priority thresholds for classification of air quality control 
regions (AQCRs) are established at 40 CFR 51.150, and the 
classifications of AQCRs in Arizona are listed at 40 CFR 52.121. Under 
40 CFR 51.151 and 51.152, regions classified Priority I, IA, or II are 
required to have SIP-approved emergency episode contingency plans, 
while those classified Priority III are not required to have plans. 
Under 40 CFR 51.153, based upon the most recent three years of complete 
air quality data at the time of proposal (i.e., 2019-2021), the EPA 
proposed to reclassify the Central Arizona Intrastate AQCR from 
Priority III to Priority I for ozone, to retain the classification of 
the Maricopa Intrastate AQCR as Priority I for ozone, and to reclassify 
the Pima Intrastate AQCR from Priority I to Priority III for ozone.\8\
---------------------------------------------------------------------------

    \8\ 87 FR 74349.
---------------------------------------------------------------------------

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period 
that ended on January 4, 2023. During this period, the EPA received one 
anonymous comment. The full text of the comment is available in the 
docket for this rulemaking. The EPA reviewed the comment and determined 
that it is not germane to our proposed action. Therefore, we do not 
provide a specific response to the comment in this document.

III. Final Action

A. Partial Approvals and Partial Disapprovals

    Under CAA section 110(a), we are taking final action to partially 
approve and partially disapprove Arizona's ozone I-SIP submittals for 
the 2015 ozone NAAQS. Specifically, we are approving the submittal for 
the requirements of the following CAA sections, including partial 
approval for elements where noted:
     Section 110(a)(2)(A)--Emission limits and other control 
measures.
     Section 110(a)(2)(B)--Ambient air quality monitoring/data 
system.
     Section 110(a)(2)(C)--Program for enforcement of control 
measures and regulation of new stationary sources (in part).
     Section 110(a)(2)(D)(i)(II)--Interference with 
maintenance, or ``prong 3'' (in part).
     Section 110(a)(2)(D)(ii)--Interstate pollution abatement, 
CAA section 126 (in part).
     Section 110(a)(2)(D)(ii)--International pollution 
abatement, CAA section 115.
     Section 110(a)(2)(E)--Adequate resources and authority, 
conflict of interest, and oversight of local governments and regional 
agencies.
     Section 110(a)(2)(F)--Stationary source monitoring and 
reporting.
     Section 110(a)(2)(G)--Emergency episodes.
     Section 110(a)(2)(H)--Consultation with government 
officials.
     Section 110(a)(2)(J)--Consultation with government 
officials, public notification, PSD, and visibility protection (in 
part).
     Section 110(a)(2)(K)--Air quality modeling and submission 
of modeling data.
     Section 110(a)(2)(L)--Permitting fees.
     Section 110(a)(2)(M)--Consultation/participation by 
affected local entities.
    We are taking final action to partially disapprove Arizona's ozone 
I-SIP submittals with respect to the 2015 ozone NAAQS for the following 
Clean Air Act requirements:
     Section 110(a)(2)(C)--Program for enforcement of control 
measures and regulation of new stationary sources (in part).
     Section 110(a)(2)(D)(i)(II)--Interference with 
maintenance, or ``prong 3'' (in part).
     Section 110(a)(2)(D)(ii)--Interstate pollution abatement, 
CAA section 126 (in part).
     Section 110(a)(2)(J)--PSD and visibility protection (in 
part).
    Although the Arizona SIP remains deficient with respect to PSD 
permitting for certain pollutants in certain areas of Arizona as 
described, these deficiencies are adequately addressed in both areas by 
existing federal implementation plans. These partial disapprovals of 
Arizona's SIP do not create any new consequences for Arizona, the 
relevant county agencies, or the EPA, as Arizona and the county 
agencies already implement the EPA's federal PSD program at 40 CFR 
52.21, pursuant to delegation agreements, for all regulated NSR 
pollutants. They also do not create any new offset or highway sanction; 
such sanctions are not triggered by disapprovals of infrastructure 
SIPs.

B. Incorporation of Rules Into Arizona's State Implementation Plan

    For the reasons described in our proposed rulemaking, we found that 
ARS 49-432(C) and PCC 17.24.010 sufficiently provide for the public 
availability of stationary source emissions reports consistent with the

[[Page 71833]]

requirements of CAA section 110(a)(2)(F). We are therefore taking final 
action to approve ARS 49-432(C) and PCC 17.24.010 into the Arizona 
SIP.\9\
---------------------------------------------------------------------------

    \9\ PCC 17.24.010 replaces Rule 631 in the 1979-1993 Rule 
Codification of the Pima County Code, which was previously approved 
into the Arizona SIP. Thus, PCC 17.24.010 will replace Rule 631 
under 40 CFR 52.120, Identification of Plan.
---------------------------------------------------------------------------

C. Reclassification of Regions for Ozone Episode Plans

    For the reasons described in our proposed rulemaking, we are taking 
final action to reclassify the Central Arizona Intrastate AQCR from 
Priority III to Priority I for ozone. We are also taking final action 
to reclassify the Pima Intrastate AQCR from Priority I to Priority III 
for ozone. We are retaining the classification of the Maricopa 
Intrastate AQCR as Priority I for ozone.
    Plans for areas classified as Priority I, IA, or II regions for a 
specific pollutant are required to include an emergency contingency 
plan meeting the requirements of 40 CFR 51.151 and 51.152 for that 
pollutant. The Central Arizona Intrastate AQCR includes Gila and Pinal 
counties. Emergency episode procedures in Gila County are governed by 
Arizona Administrative Code R18-2-220. Emergency episode procedures in 
Pinal County are governed by Pinal County Air Quality Control District 
Code of Regulations Chapter 2, Article 7. The emergency episode 
provisions in each of these regulations comply with the requirements of 
40 CFR 51.151 and 51.152 pertaining to Priority I areas. Therefore, the 
reclassification of areas of Arizona from Priority III to Priority I 
for ozone will not generate new requirements for Arizona, and our 
reclassification of the Central Arizona Intrastate AQCR for ozone does 
not affect our approval of the Arizona SIP with respect to CAA section 
110(a)(2)(G).

D. Error Correction to 40 CFR 81.303

    On October 7, 2022, the EPA issued a final rule titled 
``Determinations of Attainment by the Attainment Date, Extensions of 
the Attainment Date, and Reclassification of Areas Classified as 
Marginal for the 2015 Ozone National Ambient Air Quality Standards'' 
that included a final action to reclassify the Phoenix-Mesa 
nonattainment area in Arizona from ``Marginal'' to ``Moderate'' 
nonattainment for the 2015 ozone NAAQS.\10\ In the portion of 40 CFR 
81.303 amended by the EPA's final rule, the EPA erroneously listed 
``Mariposa'' County in place of ``Maricopa'' County among the partial 
counties composing the Phoenix-Mesa nonattainment area. The EPA is 
taking action to correct this error by replacing ``Mariposa'' with 
``Maricopa'' in the Phoenix-Mesa nonattainment area description under 
the 2015 ozone NAAQS.
---------------------------------------------------------------------------

    \10\ 87 FR 60897 (October 7, 2022).
---------------------------------------------------------------------------

    In addition, we are taking action to correct a typographical error 
in the entry for the designated area of Maricopa County. The entry is 
currently contained in two cells, and we are condensing it into one 
cell.
    The EPA has determined that this action falls under the ``good 
cause'' exemption in section 553(b)(4)(B) of the Administrative 
Procedure Act (APA) which, upon finding ``good cause,'' authorizes 
agencies to dispense with public participation where public notice and 
comment procedures are impracticable, unnecessary, or contrary to the 
public interest. Public notice and comment for this action are 
unnecessary because the underlying rule for which this correcting 
amendment has been prepared was already subject to a 30-day comment 
period, and this action merely corrects errors in the rule text. 
Further, this action is consistent with the purpose and rationale of 
the final rule, which is corrected herein. Because this action does not 
change the EPA's analyses or overall actions, no purpose would be 
served by additional public notice and comment. Consequently, 
additional public notice and comment are unnecessary.

IV. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. EPA is finalizing the removal of Pima 
County Air Pollution Control Regulation Rule 631, Confidentiality of 
Trade Secrets, Sales Data, and Proprietary Information, from the 
Arizona SIP, which is incorporated by reference in accordance with the 
requirements of 1 CFR part 51. EPA has made and will continue to make 
the State Implementation Plan generally available at the EPA Region 9 
Office (please contact the person identified in the For Further 
Information Contact section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review, Executive 
Order 13563: Improving Regulation and Regulatory Review, and Executive 
Order 14094: Modernizing 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. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by State law.

C. 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.

D. 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.

E. 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.

F. 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.

[[Page 71834]]

G. 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 it does not impose additional 
requirements beyond those imposed by State law.

H. 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.

I. 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.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    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.''
    ADEQ did not evaluate environmental justice considerations as part 
of its SIP submittals; 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 as described in our proposed rulemaking, 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 E.O. 12898 of achieving 
environmental justice for people of color, low-income populations, and 
Indigenous peoples.
    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).

K. 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).

L. 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 November 4, 2024. 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental Protection, Air pollution control.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: August 5, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the EPA amends 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 by:
0
a. Removing in paragraph (c) table 7 under the heading ``Chapter VI: 
Recordkeeping and Reporting'' the entry for ``Rule 631;''
0
b. In paragraph (e) table 1 under the heading ``Clean Air Act section 
110(a)(2) State Implementation Plan Elements (Excluding Part D Elements 
and Plans),'':
0
i. Adding entries for ``Arizona State Implementation Plan Revision 
under Clean Air Act Section 110(a)(1) and 110(a)(2) for the 2015 Ozone 
National Ambient Air Quality Standards (dated September 24, 2018)'' and 
``State Implementation Plan Revision: Clean Air Act Section 110(a)(2) 
for the 2012 Fine Particulate & 2015 Ozone NAAQS (dated February 
2022)'' before the entry for ``Ordinance No. 1993-128, Section 1, 
17.040.190 ``Composition'' Section 6, 17.24.040 ``Reporting for 
compliance evaluations'';''
0
ii. Adding an entry for ``Ordinance No. 1993-128, Section 6, 17.24.010 
``Confidentiality of trade secrets, sales data, and proprietary 
information'','' before the entry for ``Ordinance 2005-43, Chapter 
17.12, Permits and Permit Revisions, section 2, 17.12.040 ``Reporting 
Requirements'';'' and
0
c. Adding in paragraph (e), table 3 under the heading ``Article 2 
(State Air Pollution Control),'' an entry for ``49-432(C)'' before the 
entry for ``49-433.''
    The additions read as follows:


Sec.  52.120  Identification of plan.

* * * * *
    (e) * * *

[[Page 71835]]



                                           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\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                        Applicable geographic or
        Name of SIP provision         nonattainment area or title/          State/submittal date             EPA approval date          Explanation
                                                subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Arizona State Implementation Plan     State-wide.................  September 24, 2018...................  September 4, 2024,      Adopted by the Arizona
 Revision under Clean Air Act                                                                              [INSERT FEDERAL         Department of
 Section 110(a)(1) and 110(a)(2) for                                                                       REGISTER CITATION].     Environmental Quality
 the 2015 Ozone National Ambient Air                                                                                               on September 24,
 Quality Standards (dated September                                                                                                2018. EPA fully
 24, 2018).                                                                                                                        approved all elements
                                                                                                                                   of the submittal
                                                                                                                                   except those
                                                                                                                                   addressing CAA
                                                                                                                                   sections
                                                                                                                                   110(a)(2)(C),
                                                                                                                                   110(a)(2)(D), and
                                                                                                                                   110(a)(2)(J).
State Implementation Plan Revision:   State-wide.................  February 10, 2022....................  September 4, 2024,      Adopted by the Arizona
 Clean Air Act Section 110(a)(2) for                                                                       [INSERT FEDERAL         Department of
 the 2012 Fine Particulate & 2015                                                                          REGISTER CITATION].     Environmental Quality
 Ozone NAAQS (dated February 2022).                                                                                                on February 10, 2022.
                                                                                                                                   EPA approved all
                                                                                                                                   elements of the
                                                                                                                                   submittal except
                                                                                                                                   those addressing
                                                                                                                                   requirements for the
                                                                                                                                   2012 PM2.5 NAAQS.
 
                                                                      * * * * * * *
Ordinance No. 1993-128, Section 6,    Pima County................  February 10, 2022....................  September 4, 2024,      Adopted by the Board
 17.24.010 ``Confidentiality of                                                                            [INSERT FEDERAL         of Supervisors of
 trade secrets, sales data, and                                                                            REGISTER CITATION].     Pima County, Arizona
 proprietary information''.                                                                                                        on September 28,
                                                                                                                                   1993.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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.

* * * * *

                             Table 3--EPA-Approved Arizona Statutes--Non-Regulatory
----------------------------------------------------------------------------------------------------------------
      State citation           Title/subject     State/submittal date    EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
49-432(C)................  Classification and    February 10, 2022...  September 4, 2024,    Arizona Revised
                            reporting;                                  [INSERT FEDERAL       Statutes. Adopted
                            confidentiality of                          REGISTER CITATION].   by the Arizona
                            records.                                                          Department of
                                                                                              Environmental
                                                                                              Quality on
                                                                                              February 10, 2022.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Amend Sec.  52.121 by revising the entries in the table for ``Pima 
Intrastate (Pima)'' and ``Central Arizona Intrastate (Gila, Pinal)'' to 
read as follows:


Sec.  52.121  Classification of Regions.

    The Arizona plan is evaluated on the basis of the following 
classifications:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       Classifications
    AQCR (constituent counties)    ---------------------------------------------------------------------------------------------------------------------
                                              PM                      SOX                     NO2                     CO                     O3
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Pima Intrastate (Pima)............  I                       III                     III                     III                    III
 
                                                                      * * * * * * *
Central Arizona Intrastate (Gila,   I                       IA                      III                     III                    I
 Pinal).
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 71836]]


0
4. Amend Sec.  52.123 by reserving paragraph (s) and adding paragraph 
(t) to read as follows:


Sec.  52.123  Approval status.

* * * * *
    (s) [Reserved].
    (t) 2015 8-hour ozone NAAQS: The SIPs submitted on September 24, 
2018, and February 10, 2022, are fully or partially disapproved for CAA 
elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for all portions of 
the Arizona SIP.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
5. The authority citation for part 81 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart C--Section 107 Attainment Status Designations

0
6. Amend Sec.  81.303, the table entitled ``Arizona--2015 8-Hour Ozone 
NAAQS'' by revising the entry for ``Phoenix-Mesa, AZ'' to read as 
follows:


Sec.  81.303  Arizona.

* * * * *

                                        Arizona--2015 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                              Designation                             Classification
       Designated area 1       ---------------------------------------------------------------------------------
                                      Date 2               Type                Date 2               Type
----------------------------------------------------------------------------------------------------------------
Phoenix-Mesa, AZ..............                     Nonattainment.......  11/7/22..........  Moderate.
    Gila County (part):
        T2N, R12E (except that
         portion in Maricopa
         County); T3N, R12E
         (except that portion
         in Maricopa County);
         T4N, R12E (sections
         25 through 29 (except
         those portions in
         Maricopa County) and
         33 through 36 (except
         those portions in
         Maricopa County))
    Maricopa County (part):

[[Page 71837]]

 
        T1N, R1E (except that
         portion in Indian
         Country); T1N, R2E;
         T1N, R3E; T1N, R4E
         (except that portion
         in Indian Country);
         T1N, R5E (except that
         portion in Indian
         Country); T1N, R6E;
         T1N, R7E; T1N, R1W;
         T1N, R2W; T1N, R3W;
         T1N, R4W; T1N, R5W;
         T1N, R6W; T1N, R7W;
         T1N, R8W; T2N, R1E;
         T2N, R2E; T2N, R3E;
         T2N, R4E; T2N, R6E
         (except that portion
         in Indian Country);
         T2N, R7E (except that
         portion in Indian
         Country); T2N, R8E;
         T2N, R9E; T2N, R10E;
         T2N, R11E; T2N, R12E
         (except that portion
         in Gila County); T2N,
         R13E (except that
         portion in Gila
         County); T2N, R1W;
         T2N, R2W; T2N, R3W;
         T2N, R4W; T2N, R5W;
         T2N, R6W; T2N, R7W;
         T2N, R8W; T3N, R1E;
         T3N, R2E; T3N, R3E;
         T3N, R4E; T3N, R5E
         (except that portion
         in Indian Country);
         T3N, R6E (except that
         portion in Indian
         Country); T3N, R7E
         (except that portion
         in Indian Country);
         T3N, R8E; T3N, R9E;
         T3N, R10E (except
         that portion in Gila
         County); T3N, R11E
         (except that portion
         in Gila County); T3N,
         R12E (except that
         portion in Gila
         County); T3N, R1W;
         T3N, R2W T3N, R3W;
         T3N, R4W; T3N, R5W;
         T3N, R6W; T4N, R1E;
         T4N, R2E; T4N, R3E;
         T4N, R4E; T4N, R5E;
         T4N, R6E (except that
         portion in Indian
         Country); T4N, R7E
         (except that portion
         in Indian Country);
         T4N, R8E T4N, R9E;
         T4N, R10E (except
         that portion in Gila
         County); T4N, R11E
         (except that portion
         in Gila County); T4N,
         R12E (except that
         portion in Gila
         County); T4N, R1W;
         T4N, R2W; T4N, R3W;
         T4N, R4W; T4N, R5W;
         T4N, R6W; T5N, R1E;
         T5N, R2E; T5N, R3E;
         T5N, R4E; T5N, R5E;
         T5N, R6E; T5N, R7E;
         T5N, R8E; T5N, R9E
         (except that portion
         in Gila County); T5N,
         R10E (except that
         portion in Gila
         County); T5N, R1W;
         T5N, R2W; T5N, R3W;
         T5N, R4W; T5N, R5W;
         T6N, R1E (except that
         portion in Yavapai
         County); T6N, R2E;
         T6N, R3E; T6N, R4E;
         T6N, R5E; T6N, R6E;
         T6N, R7E; T6N, R8E;
         T6N, R9E (except that
         portion in Gila
         County); T6N, R10E
         (except that portion
         in Gila County); T6N,
         R1W (except that
         portion in Yavapai
         County); T6N, R2W;
         T6N, R3W; T6N, R4W;
         T6N, R5W; T7N, R1E
         (except that portion
         in Yavapai County);
         T7N, R2E (except that
         portion in Yavapai
         County); T7N, R3E;
         T7N, R4E; T7N, R5E;
         T7N, R6E; T7N, R7E;
         T7N, R8E; T7N, R9E
         (except that portion
         in Gila County); T7N,
         R1W (except that
         portion in Yavapai
         County); T7N, R2W
         (except that portion
         in Yavapai County);
         T8N, R2E (except that
         portion in Yavapai
         County); T8N, R3E
         (except that portion
         in Yavapai County);
         T8N, R4E (except that
         portion in Yavapai
         County); T8N, R5E
         (except that portion
         in Yavapai County);
         T8N, R6E (except that
         portion in Yavapai
         County); T8N, R7E
         (except that portion
         in Yavapai County);
         T8N, R8E (except that
         portion in Yavapai
         and Gila Counties);
         T8N, R9E (except that
         portion in Yavapai
         and Gila Counties);
         T1S, R1E (except that
         portion in Indian
         Country); T1S, R2E
         (except that portion
         in Pinal County and
         in Indian Country);
         T1S, R3E; T1S, R4E;
         T1S, R5E; T1S, R6E;
         T1S, R7E; T1S, R1W;
         T1S, R2W; T1S, R3W;
         T1S, R4W; T1S, R5W;
         T1S, R6W; T2S, R1E
         (except that portion
         in Indian Country);
         T2S, R5E; T2S, R6E;
         T2S, R7E; T2S, R1W;
         T2S, R2W; T2S, R3W;
         T2S, R4W; T2S, R5W;
         T3S, R1E; T3S, R1W;
         T3S, R2W; T3S, R3W;
         T3S, R4W; T3S, R5W;
         T4S, R1E; T4S, R1W;
         T4S, R2W; T4S, R3W;
         T4S, R4W; T4S, R5W;
         T5S, R4W (sections 1
         through 22 and 27
         through 34).
    Pinal County (part):
        T1N, R8E; T1N, R9E;
         T1N, R10E; T1S, R8E;
         T1S, R9E; T1S, R10E;
         T2S, R8E (sections 1
         through 10, 15
         through 22, and 27
         through 34); T2S, R9E
         (sections 1 through
         6); T2S, R10E
         (sections 1 through
         6); T3S, R7E
         (sections 1 through
         6, 11 through 14, 23
         through 26, and 35
         through 36); T3S, R8E
         (sections 3 through
         10, 15 through 22,
         and 27 through 34).
    Fort McDowell Yavapai
     Nation.
    Gila River Indian
     Community of the Gila
     River Indian Reservation,
     Arizona.
        Includes only non-
         contiguous areas of
         Indian country known
         as ``parcels M &
         N''.\3\
    Tohono O'odham Nation of
     Arizona.
    Salt River Pima-Maricopa
     Indian Community of the
     Salt River Reservation.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the State has regulatory authority under the Clean Air Act for such Indian country.

[[Page 71838]]

 
\2\ This date is August 3, 2018, unless otherwise noted.
\3\ See section 3.0 of the EPA's technical support document for Arizona, titled ``Arizona Final Area
  Designations for the 2015 Ozone National Ambient Air Quality Standards Technical Support Document (TSD),'' for
  more information and a map showing the locations of ``parcels M & N'' (available in Docket ID: EPA-HQ-OAR-2017-
  0548).


[FR Doc. 2024-17711 Filed 9-3-24; 8:45 am]
BILLING CODE 6560-50-P