Rule2022-02773
Approval of Arizona State Implementation Plan Revisions; Maricopa County Air Quality Department; Stationary Source Permits; New Source Review
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 15, 2022
Effective
March 17, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Maricopa County Air Quality Department's (MCAQD or Department) portion of the state implementation plan (SIP) for the State of Arizona. We are finalizing full approval of six MCAQD rules for the Department's New Source Review (NSR) preconstruction permitting program for new and modified stationary sources of air pollution under the Clean Air Act (CAA or the Act). The revisions update the MCAQD's NSR permitting program for new and modified sources of air pollution.
Full Text
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<title>Federal Register, Volume 87 Issue 31 (Tuesday, February 15, 2022)</title>
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[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Rules and Regulations]
[Pages 8418-8427]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02773]
[[Page 8418]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0352; FRL-9463-01-R9]
Approval of Arizona State Implementation Plan Revisions; Maricopa
County Air Quality Department; Stationary Source Permits; New Source
Review
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's (MCAQD or Department) portion of the state implementation
plan (SIP) for the State of Arizona. We are finalizing full approval of
six MCAQD rules for the Department's New Source Review (NSR)
preconstruction permitting program for new and modified stationary
sources of air pollution under the Clean Air Act (CAA or the Act). The
revisions update the MCAQD's NSR permitting program for new and
modified sources of air pollution.
DATES: This rule is effective on March 17, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0352. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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: Shaheerah Kelly, EPA Region IX, 75
Hawthorne Street (AIR-3-1), San Francisco, California 94105. By phone
at (415) 947-4156, or by email at <a href="/cdn-cgi/l/email-protection#355e5059594c1b465d545d505047545d755045541b525a43"><span class="__cf_email__" data-cfemail="80ebe5ececf9aef3e8e1e8e5e5f2e1e8c0e5f0e1aee7eff6">[email protected]</span></a>.
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
A. Exemption for Agricultural Equipment used in Normal Farm
Operations in Rule 200
B. Public Hearing Requirements for Minor NSR Requirements in
Rule 241
C. Public Notification Requirements for General Permits in Rule
230
III. Additional Developments After Notice of Proposed Rulemaking
IV. EPA Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The initials ADEQ mean or refer to the Arizona Department of
Environmental Quality.
(ii) The initials BACT mean or refer to Best Available Control
Technology.
(iii) The word or initials CAA or Act mean or refer to the Clean
Air Act.
(iv) The initials CFR mean or refer to Code of Federal
Regulations.
(v) The initials or words EPA, we, us or our mean or refer to
the United States Environmental Protection Agency.
(vi) The initials FIP mean or refer to Federal Implementation
Plan.
(vii) The initials FR mean or refer to Federal Register.
(viii) The word or initials MCAQD, County, Maricopa County, or
Department mean or refer to the Maricopa County Air Quality
Department, the agency with jurisdiction over stationary sources
within Maricopa County, Arizona.
(ix) The phrase minor NSR means the permit program applicable to
new or modified sources that do not result in a new major source or
a major modification.
(x) The initials NAAQS mean or refer to the National Ambient Air
Quality Standards.
(xi) The initials NSR mean or refer to New Source Review, which
includes NNSR, PSD and minor NSR.
(xii) The initials NNSR mean or refer to nonattainment New
Source Review.
(xiii) The initials PM<INF>2.5</INF> mean or refer to
particulate matter less than 2.5 micrometers.
(xiv) The initials PM<INF>10</INF> mean or refer to particulate
matter less than 10 micrometers.
(xv) The initials PSD mean or refer to Prevention of Significant
Deterioration.
(xvi) The initials SIP mean or refer to State Implementation
Plan.
(xvii) The word State means or refers to the State of Arizona.
(xviii) The initials TSD mean or refer to the Technical Support
Document.
I. Proposed Action
On February 23, 2021, the EPA proposed to approve the rules listed
in Table 1 for incorporation into the Arizona SIP. See 86 FR 10903.
Although MCAQD Rule 230 was included in the December 20, 2019 SIP
Submittal, and the EPA proposed approval in the February 23, 2021
action, we are deferring action on Rule 230 at this time. Therefore,
except for Rule 230, the rules listed in Table 1 constitute the MCAQD's
EPA-approved air quality preconstruction NSR permit program.
Table 1--MCAQD Submitted Rules
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Adoption or
Regulation & rule No. Rule title amendment date Submitted
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Regulation I, Rule 100....................... General Provisions; General 12/11/2019 12/20/2019
Provisions and Definitions.
Regulation II, Rule 200...................... Permits and Fees; Permit 12/11/2019 12/20/2019
Requirements.
Regulation II, Rule 210 \1\.................. Permits and Fees; Title V 12/11/2019 12/20/2019
Permit Provisions.
Regulation II, Rule 220...................... Permits and Fees; Non-Title V 12/11/2019 12/20/2019
Permit Provisions.
Regulation II, Rule 230 *.................... Permits and Fees; General 12/11/2019 12/20/2019
Permits.
Regulation II, Rule 240...................... Permits and Fees; Federal Major 12/11/2019 12/20/2019
New Source Review.
Regulation II, Rule 241...................... Permits and Fees; Minor New 12/11/2019 12/20/2019
Source Review.
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* The EPA is deferring action on Rule 230 at this time.
We proposed to approve these rules as part of the MCAQD's general
and major source NSR permitting programs because we determined that
these rules
[[Page 8419]]
satisfy the substantive statutory and regulatory requirements for NSR
permit programs as contained in (1) part C of title I (section 165) of
the Act for Prevention of Significant Deterioration (PSD) program; (2)
part D of title I (sections 172 and 173) of the Act for the
nonattainment NSR program; (3) section 110(a)(2) of the Act for the
general permitting requirements; (4) sections 110(l) and 193 of the Act
for SIP revisions and the general savings clause; (5) the regulatory
provisions in 40 CFR part 51, subpart I (Review of New Sources and
Modifications) (40 CFR 51.160-51.166); and (6) subpart P (Protection of
Visibility) (40 CFR 51.307).
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\1\ Rule 210 also contains provisions to address requirements
under title V of the Act for operating permit programs, but we are
not evaluating the rule for title V purposes at this time. We will
evaluate Rule 210 for compliance with the requirements of title V of
the Act and the EPA's implementing regulations in 40 CFR part 70
following receipt of an official part 70 program revision submittal
from Maricopa County.
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We also proposed to approve these rules because we determined that
they address the deficiencies identified in our conditional approval of
Rules 100 and 200 in the EPA's April 5, 2019 action. See 84 FR 13543.
Finally, we proposed that the rules listed in Table 1 will replace the
SIP-approved NSR program rules listed in Table 2, in their entirety.
Table 2--MCAQD Rules To Be Removed or Replaced
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SIP approval Federal Register
Regulation & rule No. Rule title Adoption or amendment date date citation
----------------------------------------------------------------------------------------------------------------
Regulation I, Rule 2, No. 11 General June 23, 1980............... June 18, 1982.. 47 FR 26382
``Alteration or Provisions;
Modification''. Definitions.
Regulation I, Rule 2, No. 27 General June 23, 1980............... April 12, 1982. 47 FR 15579
``Dust''. Provisions;
Definitions.
Regulation I, Rule 2, No. 29 General June 23, 1980............... April 12, 1982. 47 FR 15579
``Emission''. Provisions;
Definitions.
Regulation I, Rule 2, No. 34 General June 23, 1980............... April 12, 1982. 47 FR 15579
``Existing Source Provisions;
Performance Standards''. Definitions.
Regulation I, Rule 2, No. 37 General June 23, 1980............... April 12, 1982. 47 FR 15579
``Fly Ash''. Provisions;
Definitions.
Regulation I, Rule 2, No. 39 General June 23, 1980............... April 12, 1982. 47 FR 15579
``Fuel''. Provisions;
Definitions.
Regulation I, Rule 2, No. 42 General June 23, 1980............... April 12, 1982. 47 FR 15579
``Fume''. Provisions;
Definitions.
Regulation I, Rule 2, No. 55 General June 23, 1980............... April 12, 1982. 47 FR 15579
``Motor Vehicle''. Provisions;
Definitions.
Regulation I, Rule 2, No. 59 General June 23, 1980............... April 12, 1982. 47 FR 15579
``Non-Point Source''. Provisions;
Definitions.
Regulation I, Rule 2, No. 60 General June 23, 1980............... April 12, 1982. 47 FR 15579
``Odors''. Provisions;
Definitions.
Regulation I, Rule 2, No. 64 General June 23, 1980............... April 12, 1982. 47 FR 15579
``Organic Solvent''. Provisions;
Definitions.
Regulation I, Rule 2, No. 70 General June 23, 1980............... April 12, 1982. 47 FR 15579
``Plume''. Provisions;
Definitions.
Regulation I, Rule 2, No. 80 General June 23, 1980............... April 12, 1982. 47 FR 15579
``Smoke''. Provisions;
Definitions.
Regulation I, Rule 2, No. 91 General June 23, 1980............... April 12, 1982. 47 FR 15579
``Vapor''. Provisions;
Definitions.
Regulation II, Rule 21, Permits and October 25, 1982............ August 10, 53 FR 30224;
Section D.1 (AZ R9-3-101, Fees; 1988; Vacated; 56 FR 3219
Paragraph 52 ``Dust''). Procedures for restored on
Obtaining an January 29,
Installation 1991.
Permit.
Regulation II, Rule 21, Permits and October 25, 1982............ August 10, 53 FR 30224;
Section D.1 (AZ R9-3-101, Fees; 1988; Vacated; 56 FR 3219
Paragraph 56 ``Emission''). Procedures for restored on
Obtaining an January 29,
Installation 1991.
Permit.
Regulation II, Rule 21, Permits and October 25, 1982............ August 10, 53 FR 30224;
Section D.1 (AZ R9-3-101, Fees; 1988; Vacated; 56 FR 3219
Paragraph 63 ``Existing Procedures for restored on
Source Performance Obtaining an January 29,
Standards''). Installation 1991.
Permit.
Regulation II, Rule 21, Permits and October 25, 1982............ August 10, 53 FR 30224;
Section D.1 (AZ R9-3-101, Fees; 1988; Vacated; 56 FR 3219
Paragraph 70 ``Fuel''). Procedures for restored on
Obtaining an January 29,
Installation 1991.
Permit.
Regulation II, Rule 21, Permits and October 25, 1982............ August 10, 53 FR 30224;
Section D.1 (AZ R9-3-101, Fees; 1988; Vacated; 56 FR 3219
Paragraph 71 ``Fuel Burning Procedures for restored on
Equipment''). Obtaining an January 29,
Installation 1991.
Permit.
Regulation II, Rule 21, Permits and October 25, 1982............ August 10, 53 FR 30224;
Section D.1 (AZ R9-3-101, Fees; 1988; Vacated; 56 FR 3219
Paragraph 74 ``Fume''). Procedures for restored on
Obtaining an January 29,
Installation 1991.
Permit.
Regulation II, Rule 21, Permits and October 25, 1982............ August 10, 53 FR 30224;
Section D.1 (AZ R9-3-101, Fees; 1988; Vacated; 56 FR 3219
Paragraph 103 ``Motor Procedures for restored on
Vehicle''). Obtaining an January 29,
Installation 1991.
Permit.
Regulation II, Rule 21, Permits and October 25, 1982............ August 10, 53 FR 30224;
Section D.1 (AZ R9-3-101, Fees; 1988; Vacated; 56 FR 3219
Paragraph 114 ``Non-Point Procedures for restored on
Source''). Obtaining an January 29,
Installation 1991.
Permit.
Regulation II, Rule 21, Permits and October 25, 1982............ August 10, 53 FR 30224;
Section D.1 (AZ R9-3-101, Fees; 1988; Vacated; 56 FR 3219
Paragraph 122 Procedures for restored on
``Photochemically Reactive Obtaining an January 29,
Solvent''). Installation 1991.
Permit.
Regulation II, Rule 21, Permits and October 25, 1982............ August 10, 53 FR 30224;
Section D.1 (AZ R9-3-101, Fees; 1988; Vacated; 56 FR 3219
Paragraph 123 ``Plume''). Procedures for restored on
Obtaining an January 29,
Installation 1991.
Permit.
Regulation II, Rule 21, Permits and October 25, 1982............ August 10, 53 FR 30224;
Section D.1 (AZ R9-3-101, Fees; 1988; Vacated; 56 FR 3219
Paragraph 128 ``Process''). Procedures for restored on
Obtaining an January 29,
Installation 1991.
Permit.
Regulation II, Rule 21, Permits and October 25, 1982............ August 10, 53 FR 30224;
Section D.1 (AZ R9-3-101, Fees; 1988; Vacated; 56 FR 3219
Paragraph 129 ``Process Procedures for restored on
Source''). Obtaining an January 29,
Installation 1991.
Permit.
Regulation II, Rule 21, Permits and October 25, 1982............ August 10, 53 FR 30224;
Section D.1 (AZ R9-3-101, Fees; 1988; Vacated; 56 FR 3219
Paragraph 150 ``Smoke''). Procedures for restored on
Obtaining an January 29,
Installation 1991.
Permit.
Regulation II, Rule 21, Permits and October 25, 1982............ August 10, 53 FR 30224;
Section D.1 (AZ R9-3-101, Fees; 1988; Vacated; 56 FR 3219
Paragraph 151 ``Soot'') \2\. Procedures for restored on
Obtaining an January 29,
Installation 1991.
Permit.
[[Page 8420]]
Regulation II, Rule 21, Permits and October 25, 1982............ August 10, 53 FR 30224;
Section D.1 (AZ R9-3-101, Fees; 1988; Vacated; 56 FR 3219
Paragraph 160 Procedures for restored on
``Supplementary Control Obtaining an January 29,
System (SCS)''). Installation 1991.
Permit.
Rule 21, Section D.1 (AZ R9- Permits and October 25, 1982............ August 10, 53 FR 30224;
3-101, Paragraph 166 Fees; 1988; Vacated; 56 FR 3219
``Vapor''). Procedures for restored on
Obtaining an January 29,
Installation 1991.
Permit.
Regulation II, Rule 21, Permits and October 25, 1982............ August 10, 53 FR 30224;
Section D.1 (AZ R9-3-101, Fees; 1988; Vacated; 56 FR 3219
Paragraph 167 ``Vapor Procedures for restored on
Pressure''). Obtaining an January 29,
Installation 1991.
Permit.
Regulation II, Rule 21, Permits and October 25, 1982............ August 10, 53 FR 30224;
Section D.1 (AZ R9-3-101, Fees; 1988; Vacated; 56 FR 3219
Paragraph 168 ``Visible Procedures for restored on
Emissions''). Obtaining an January 29,
Installation 1991.
Permit.
Regulation I, Rule 100 General February 3, 2016............ April 5, 2019.. 84 FR 13543
(except Sections 200.24, Provisions;
200.73, 200.104(c)). General
Provisions and
Definitions.
Regulation II, Rule 200..... Permits and February 3, 2016............ April 5, 2019.. 84 FR 13543
Fees; Permit
Requirements.
Regulation II, Rule 210..... Permits and February 3, 2016............ April 5, 2019.. 84 FR 13543
Fees; Title V
Permit
Provisions.
Regulation II, Rule 220..... Permits and February 3, 2016............ April 5, 2019.. 84 FR 13543
Fees; Non-
Title V Permit
Provisions.
Regulation II, Rule 240 Permits and February 3, 2016............ April 5, 2019.. 84 FR 13543
(except Section 305). Fees; Federal
Major New
Source Review
(NSR).
Regulation II, Rule 241..... Permits and September 7, 2016 \3\....... April 5, 2019.. 84 FR 13543
Fees; Minor
New Source
Review (NSR).
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Our TSD, which can be found in the docket for this rulemaking,
contains a more detailed discusssion of the approval criteria and our
evaluation of the rules in Table 1.
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\2\ The correct citation for the definition of ``Soot'' is Rule
21, Section D.1 (AZ R9-3-101, Paragraph 151), and not Paragraph 152
which was in the April 5, 2019 final action.
\3\ The correct adoption or amendment date for Rule 241 is
September 7, 2016, and not February 3, 2016 as stated in the EPA's
actions in 84 FR 13550 (April 5, 2019), 84 FR 18396 (May 1, 2019),
and 86 FR 10906 (February 23, 2021).
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II. Public Comments and EPA Responses
The EPA's February 23, 2021 proposed rulemaking provided a 30-day
public comment period. We received comments from the Arizona Center for
Law in the Public Interest (ACLPI). The full text of the ACLPI's public
comments is available in the docket for this rulemaking. The EPA's
summaries of, and responses to, these public comments are as follows:
A. Exemption for Agricultural Equipment Used in Normal Farm Operations
in Rule 200
Comment: The commenter states that the MCAQD has failed to identify
the types of equipment that it considers to be ``agricultural equipment
used in normal farm operations'' and that ``fugitive emissions'' are
not a type of ``activity'' or ``equipment.'' The commenter states that
the MCAQD's exemption for agricultural equipment used in normal farm
operations is vague to the point of unenforceability. The commenter
states that this vagueness prevents scrutiny of whether the fugitive
emissions are actually fugitive (i.e., could not reasonably pass
through a stack, chimney, vent, or other functionally equivalent
opening).
Response: The EPA respectfully disagrees with this comment. In our
proposed rulemaking for the June 11, 2018 conditional approval action,
the EPA stated that the MCAQD must provide a basis consistent with 40
CFR 51.160(e) to demonstrate that regulation of the equipment exempted
under Rule 200, Section 305 is not needed for the MCAQD's federal NSR
program to meet requirements for attainment and maintenance of the
NAAQS or review for compliance with the control strategy. See 83 FR
26912, 26915 (June 11, 2018). Among other things, we also stated that
such demonstrations must address identification of the types of
equipment that the MCAQD considers to be ``agricultural equipment used
in normal farm operations.'' In its December 20, 2019 SIP Submittal,
the MCAQD responded by explaining that it had revised Rule 200 to
exempt only ``fugitive emissions from agricultural equipment used in
normal farm operations'' [emphasis added]. See Rule 200, Section
305.2.i.
The submitted revision to the ``agricultural equipment used in
normal farm operations'' exemption considerably clarifies and narrows
the scope of the exemption. Although, as the commenter mentions,
fugitive emissions are not a specific type of activity or equipment, we
find that the clarification regarding the scope of the exemption in the
rule revision that was provided by the MCAQD is sufficient to meet the
requirements of our June 11, 2018 conditional approval action and the
CAA. As an initial matter, we note that, in addition to the fact that
the exemption is now limited to fugitive emissions from agricultural
equipment used in normal farm operations, the explicit language of the
exemption provision clearly specifies that it does not apply to any
equipment that would otherwise require a permit under Title V of the
Act. A title V permit is required for any major source \4\ as defined
in 40 CFR 70.2.\5\ A stationary source that is required to obtain a
major NSR (PSD or nonattainment NSR) permit, is also required to obtain
a title V permit.\6\
[[Page 8421]]
Therefore, no major stationary source qualifies for the MCAQD's
``fugitive emissions from agricultural equipment used in normal farm
operations'' exemption (agricultural equipment exemption), regardless
of whether any of its emissions units emit fugitive emissions. The rule
is also clear that the exemption does not apply to any equipment
subject to the New Source Performance Standards (NSPS) under 40 CFR
part 60, nor to the National Emission Standards for Hazardous Air
Pollutants (NESHAP) under 40 CFR parts 61 and 63. Again, this is the
case regardless of whether the emissions are fugitive or non-fugitive.
For example, diesel-fired engines are commonly used at agricultural
sources, and are subject to a NSPS and/or NESHAP requirement.\7\
Accordingly, such engines do not qualify for the agricultural equipment
exemption. The EPA also notes that the MCAQD's permit program only
applies to stationary sources, therefore any mobile equipment, such as
tractors, are already exempt from permit program requirements. Thus,
the exemption is limited to fugitive emissions from agricultural
equipment used in normal farm operations, located at minor stationary
sources that are not subject to any NSPS or NESHAP. The EPA believes
this is a sufficiently small universe of sources to satisfy the
requirements of 40 CFR 51.160(e) and our June 11, 2018 conditional
approval action.
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\4\ ``Stationary source'' means any building, structure,
facility, or installation which emits or may emit a regulated NSR
pollutant. See Rule 100, Section 200.123, 40 CFR 51.165(a)(1)(i),
and 40 CFR 51.166(b)(5).
\5\ Under 40 CFR 70.2, a major source is a stationary source of
air pollutants, as defined in section 302 of the Act, that directly
emits, or has the potential to emit, 100 tpy or more of any air
pollutant subject to regulation (including any major source of
fugitive emissions of any such pollutant, as determined by rule by
the Administrator). It is also defined as a stationary source that
emits or has the potential to emit, in the aggregate, 10 tpy or more
of any hazardous air pollutant which has been listed pursuant to
section 112(b) of the Act, 25 tpy or more of any combination of such
hazardous air pollutants, or such lesser quantity as the
Administrator may establish by rule.
\6\ For nonattainment areas, a major NSR permit is required for
a stationary source of air pollutants that emits, or has the
potential to emit, 100 tons per year or more of any regulated NSR
pollutant, except that lower emissions thresholds apply in areas
subject to subpart 2, subpart 3, or subpart 4 of part D, title I of
the CAA (e.g., since Maricopa County is a serious nonattainment area
for PM<INF>10</INF>, an emissions threshold of 70 tpy applies). See
Rule 240, Section 202 and 40 CFR 51.165(a)(1)(iv)(A)(1). For
attainment or unclassifiable areas, a major NSR permit is required
for a stationary source of air pollutants, that belongs to one of
the 28 source categories, and which emits, or has the potential to
emit, 100 tons per year or more of any regulated NSR pollutant; a
major NSR permit is also required for a stationary source which
emits, or has the potential to emit, 250 tons per year or more of a
regulated NSR pollutant. See Rule 240, Section 203, 40 CFR
51.166(b)(1)(i)(a)-(b) and 40 CFR 52.21(b)(1)(i)(a)-(b).
\7\ See the NSPS regulations at 40 CFR part 60, subparts IIII
and JJJJ, and the NESHAP regulations 40 CFR part 63, subparts ZZZZ.
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The EPA also disagrees with the commenter's claim that the revision
to Section 305.2.i is too vague to be enforceable. Fugitive emissions
are defined in Rule 100, Section 200.56 as ``[a]ny emission which could
not reasonably pass through a stack, chimney, vent, or other
functionally equivalent opening.'' This definition is consistent with
the EPA's regulatory definition of ``fugitive emissions'' for SIP-
approved PSD and NNSR programs at 40 CFR 51.166(b)(20) and
51.165(a)(1)(ix), respectively. The MCAQD considers this definition and
the specific circumstances of the emissions-generating activity when
implementing various NSR requirements and determining whether emissions
are fugitive. In this case, the MCAQD can determine if the emissions
from agricultural equipment are fugitive, and thus qualify for the
exemption, before they address whether they are used in ``normal farm
operations.'' Under the federal NSR permitting program, fugitive
emissions need not be considered when determining permit requirements,
unless the source is one of the categorical sources identified. See
Rule 100, Section 200.28; 40 CFR 51.165(a)(1)(iv)(C) and
51.166(b)(1)(iii). Therefore, we disagree with the commenter that the
MCAQD's exemption prevents scrutiny of whether potentially exempt
emissions are, in fact, fugitive emissions. We also note that the
MCAQD's SIP-approved minor NSR program already exempts fugitive
emissions from permit requirements for a minor source that doesn't
belong to one of the categorical sources under Rule 100, Section
200.28. See 84 FR 13543 (April 5, 2019) and 84 FR 18392 (May 1, 2019).
In sum, while the revised exemption does not specifically define
``agricultural equipment used in normal farm operations,'' we have
determined that the revision clarifies and narrows how the exemption is
used and addresses the concerns in our conditional approval regarding
the need for additional clarification regarding this exemption.
Comment: The commenter stated that the MCAQD still provides no
basis for determining that fugitive emissions from ``agricultural
equipment used in normal farm operations'' do not need to be regulated
as part of the MCAQD's minor NSR program under 40 CFR 51.160(e). The
commenter stated that although the EPA compared the MCAQD's exemption
to a similarly worded exemption in the State regulations implemented by
the ADEQ, the ADEQ's regulation suffers from the same problem. The
commenter stated that, as with the ADEQ's exemption, the MCAQD's
exemption violates CAA section 110(l) and Appendix V, sections 2.2(d)
and 2.2(e).
Response: The EPA respectfully disagrees with this comment. The
MCAQD's December 20, 2019 SIP Submittal provides a rationale and basis
for the exemption of certain agricultural equipment used in normal farm
operations under 40 CFR 51.160(e). See December 20, 2019 MCAQD
Submittal at 12-14. This information, in addition to other available
information, demonstrates that the MCAQD reasonably concluded that the
exemption of fugitive emissions from agricultural equipment used in
normal farm operations is inconsequential to attainment and maintenance
of the NAAQS.\8\
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\8\ In reviewing the MCAQD's minor NSR program under 40 CFR
51.160(e), the EPA considered it appropriate to exclude emissions
from its NSR program if such emissions would be ``inconsequential to
attainment or maintenance of the NAAQS.'' See 86 FR 31927, 31936,
footnote 21 (June 16, 2021). This was the same standard that the EPA
used in developing the permitting thresholds for its minor NSR
program for Indian country. See 76 FR 38748, 38758 (July 1, 2011).
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As discussed in the EPA's response to the previous comment, the
exemption in Rule 200, Section 305.2.i for agricultural equipment used
in normal farm operations only applies to fugitive emissions, is only
available to minor sources, and is not available for sources subject to
an NSPS or NESHAP. Additionally, the MCAQD's SIP-approved minor NSR
program already exempts fugitive emissions from permit requirements for
a minor source that doesn't belong to one of the categorical sources
under Rule 100, Section 200.28. See 84 FR 13543 (April 5, 2019) and 84
FR 18392 (May 1, 2019).
Thus, there is sufficient evidence that the exemption for fugitive
emissions from agricultural equipment used in normal farm operations is
available only to a very narrow group of minor sources. Such emissions
are already exempt from regulation under NSR, or they come from
stationary equipment such as boilers or engines, which are subject to
the NSPS and thus do not qualify for the exemption in Rule 200, Section
305. We therefore find the MCAQD's exemption for fugitive emissions
from agricultural equipment used in normal farm operations to be
reasonable under 40 CFR 51.160(e).
The commenters also indicate that the EPA's approval of the MCAQD's
2019 NSR Submittal conflicts with the requirement in CAA section 110(l)
that the EPA ``shall not approve a revision of a plan if the revision
would interfere with any applicable requirement concerning attainment
and reasonable further progress . . . or any other applicable
requirement of this chapter.'' For the reasons stated in this document
and in our proposal, we continue to find that this action strengthens
the overall SIP and does not relax or otherwise interfere with any SIP
requirements related to attaining the NAAQS in Maricopa County,
Arizona.
The commenters make the related argument that the MCAQD's SIP
revision does not satisfy section 2.2(d) of Appendix V to 40 CFR part
51.\9\ As
[[Page 8422]]
described above, the MCAQD's 2019 NSR Submittal contains sufficient
information to support our conclusion that the MCAQD's NSR program
meets the requirements of the CAA and its implementing regulations and
will not interfere with attainment or maintenance of the NAAQS.
---------------------------------------------------------------------------
\9\ The commenters reference the portion of section 2.2(d) that
requires SIP submittals to demonstrate ``that the national ambient
air quality standards, prevention of significant deterioration
increments, reasonable further progress demonstration, and
visibility, as applicable, are protected if the plan is approved and
implemented.'' See 40 CFR part 51, Appendix V, section 2.2(d).
---------------------------------------------------------------------------
Lastly, in response to the commenter's argument that the MCAQD
should have included a modeling demonstration to meet the requirements
of section 2.2(e) of Appendix V to 40 CFR part 51, the commenters have
not accurately characterized these requirements. We do not interpret
section 2.2(e) of Appendix V to require that every SIP submittal
contain a modeling demonstration, as implied by the commenters.
Instead, when a modeling demonstration is necessary and is therefore
included in a submittal to support the SIP revision, then the submittal
must also contain the underlying modeling information outlined in
section 2.2(e). We find that section 2.2(e) of Appendix V is not
applicable to the MCAQD's NSR Submittal because modeling was not used
to support this SIP revision nor was a modeling demonstration required
in this instance.
For the reasons discussed above, we find that the MCAQD reasonably
concluded that the exemption of ``fugitive emissions from agricultural
equipment used in normal farm operations'' from its minor NSR program
will not interfere with attainment or maintenance of the NAAQS,
consistent with 40 CFR 51.160(e). Because the exemption will not
interfere with attainment or maintenance of the NAAQS, or interfere
with the overall control strategy, it is consistent with CAA section
110(l) and section 2.2(d) of Appendix V to 40 CFR part 51.
Comment: The commenter stated that, while fugitive dust emissions
from farm operations are primarily addressed through Arizona's Ag BMP
general permit program, experience with the Ag BMP program in both
Maricopa County and Pinal County has demonstrated that it is inadequate
to ensure compliance with the PM<INF>10</INF> NAAQS. The commenter
further stated that both the MCAQD and ADEQ PM<INF>10</INF>
nonattainment areas continue to violate the NAAQS decades after the Ag
BMP program was adopted and agricultural emissions are a key
contributor. The commenter also noted that the EPA proposed a limited
approval and limited disapproval of Arizona's Ag BMP statute and
regulations for Arizona on February 26, 2021. The commenter indicated
that in light of these concerns, the EPA must disapprove the MCAQD's
exemption for ``agricultural equipment used in normal farm
operations.''
Response: The EPA respectfully disagrees that it must disapprove
the MCAQD's exemption for ``agricultural equipment used in normal farm
operations'' based on the commenter's concerns about Arizona's Ag BMP
program. As discussed in detail in our responses above, we find that
the MCAQD's exemption from NSR review of a narrow subset of minor
agricultural sources with fugitive emissions through its exemption for
``fugitive emissions from agricultural equipment used in normal farm
operations'' is reasonable. The EPA is not evaluating, updating, or
relying on the existing EPA-approved Ag BMP program rules in the
Arizona SIP as part of this rulemaking.\10\ We understand that the ADEQ
submitted revisions to the Arizona SIP to update the Ag BMP rules;
however, those revisions are not part of our NSR rulemaking action.
---------------------------------------------------------------------------
\10\ Further, to the extent the commenter has raised concerns
about the regulation of air pollution sources located in Pinal
County, the commenter has not explained how those concerns are
relevant to this rulemaking action, which pertains specifically to
the MCAQD's NSR program, which applies only in Maricopa County.
---------------------------------------------------------------------------
B. Public Hearing Requirements for Minor NSR Requirements in Rule 241
Comment: The commenter stated that the MCAQD revised Rule 241,
Section 310 by deleting public hearing requirements and stated that the
revised provision provides that the public notice requirements in Rules
210 and/or 220 shall be required if the emissions of any one pollutant
is equal to or greater than the public notice thresholds as defined in
Rule 100. The commenter further noted that the EPA stated that the same
or similar language that was deleted from Rule 241, Section 310 was
contained in portions of Rules 210 and 220, and that therefore the
change was consistent with the requirements of 40 CFR 51.161(a), and
the EPA's regulations at 40 CFR 51.160-164. The commenter then states
that Rule 210, Sections 408.4.g and 408.5, and Rule 220, Sections 407.5
and 407.7 contain more than just public notice requirements, but also
contain requirements to accept public comments and hold a hearing upon
request. The commenter concluded by asserting that Rule 241, Section
310 should be amended to clarify that it incorporates all of the public
participation requirements in Rules 210 and 220.
Response: The EPA respectfully disagrees with the commenter that
Rule 241, Section 310 should be amended to make the suggested
clarification. Rule 241, Section 310 states that ``Public notice
requirements pursuant to Rules 210 and or 220 of these rules shall be
required for a permit or permit revision if . . .'' emissions are equal
to or greater than the public notice thresholds in Rule 100. The public
notice requirements contained in Rules 210 and 220 are found in
Sections 408 and 407, respectively, which are titled ``PUBLIC
PARTICIPATION.'' Critically, the public hearing requirements of those
rules contain public notice requirements, such as the requirement to
publish a notice at least two times in a newspaper of general
circulation to ensure adequate notice to the affected public. The
requirement to accept public comments is also linked to the requirement
to provide public notice in both rules, such as the requirement to
allow at least 30 days for public comment following public notice of
the comment period. While we agree that it would be clearer if Rule
241, Section 310 stated that the ``public participation'' rather than
the ``public notice'' requirements of Rules 210 and/or 220 must be met,
we believe it is sufficiently clear that all of the public
participation requirements in Rule 210, Section 408 and Rule 220,
Section 407 are applicable if emissions are equal to or greater than
the public notice thresholds in Rule 100. Therefore, we continue to
find that the revisions to Rule 241, Section 310 are acceptable and
consistent with the requirements of the Act and its implementing
regulations.
C. Public Notification Requirements for General Permits in Rule 230
The commenter also provided comments regarding our proposed
approval of Rule 230 into the MCAQD portion of the Arizona SIP. The EPA
is deferring final action on Rule 230 at this time. Therefore, the EPA
is not addressing these comments as part of this final action.
III. Additional Developments After Notice of Proposed Rulemaking
On January 29, 2021, the U.S. Court of Appeals for the District of
Columbia Circuit issued its opinion in Sierra Club v. EPA (Case No. 15-
1465), granting in part and denying in part petitions for review of
four provisions of the 2015 and 2018 ozone NAAQS implementation rules.
Among other things, the court vacated the provisions
[[Page 8423]]
of the rule allowing interprecursor trading of ozone precursors (See
2018 Implementation Rule, 83 FR 62998, 63016-63021). The court's
judgment became final and effective on March 23, 2021, when the court
issued its mandate. In response to this, on June 10, 2021, the ADEQ
withdrew the provisions in Rule 240, Section 304.4.e.(1) for
interpollutant offsetting from the NNSR requirements of the rule. The
EPA finds this withdrawal acceptable, given the court's vacatur of
these provisions in the EPA's regulations. Accordingly, this provision
will not be included in the version of Rule 240 incorporated into the
Maricopa County portion of the Arizona SIP.
We note that the EPA recently adopted a rule known as the NSR Error
Corrections Rule, effective August 18, 2021, which corrected minor,
inadvertent, and non-substantive errors in 40 CFR parts 51 and 52,
which govern NSR permitting programs, and updated the regulatory text
to reflect statutory changes and certain court decisions vacating
elements of the regulatory text, but did not change the requirements
within these programs. See 86 FR 37918 (July 19, 2021). States have
discretion as to when to make the changes indicated in this rulemaking
and may choose to combine them with other SIP submittals. See 86 FR
37918, 37923-37924. Accordingly, this recent rulemaking does not affect
our final action.
IV. EPA Action
No comments were submitted that change our assessment that the
MCAQD's Rules 100, 200, 210, 220, 240, and 241 satisfy the applicable
CAA requirements, nor were any comments submitted that change our
assessment that certain MCAQD rules should be removed from the Arizona
SIP. As discussed above, we are deferring action on Rule 230 at this
time. Therefore, as authorized under CAA sections 110(k)(3) and 301(a),
and for the reasons set forth in our February 23, 2021 proposed rule,
we are finalizing full approval of submitted Rules 100, 200, 210, 220,
240 (except Section 304.4.e.(1)), and 241, in the MCAQD portion of the
Arizona SIP. We are also removing from the MCAQD portion of the Arizona
SIP the rules identified in Table 2.
This action incorporates Rules 100, 200, 210, 220, 240 (except
Section 304.4.e.(1)), and 241 into the federally enforceable SIP
through revisions to 40 CFR 52.120 (Identification of plan). We are
amending 40 CFR 52.119(b) (Identification of plan--conditional
approvals) to remove the conditional approval of Rules 100 and 200
since the MCAQD's December 20, 2019 Submittal addressed the
deficiencies identified by the EPA, and we are now fully approving
Rules 100 and 200. We are amending the PSD FIP requirements in 40 CFR
52.144 (Significant deterioration of air quality) since we are
approving the PSD program provisions in Rule 240 into the MCAQD portion
of the Arizona SIP. We are also amending the visibility FIP in 40 CFR
52.145(b) (Visibility protection) since we have determined that the
MCAQD's NNSR and PSD programs comply with the visibility requirements
in 40 CFR 51.307.
V. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the MCAQD
rules described in Table 1 of this preamble, with the exception of Rule
230. The EPA has made, and will continue to make, these materials
available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> and in hard copy at the
EPA Region IX office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by the EPA
for inclusion in the Arizona SIP, have been incorporated by reference
by the EPA into that plan, are federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
the EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\11\
---------------------------------------------------------------------------
\11\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
Also in this document, as described in the amendments to 40 CFR
part 52 set forth below, the EPA is removing provisions from the EPA-
approved rules for the ADEQ portion of the Arizona SIP, which is
incorporated by reference in accordance with the requirements of 1 CFR
part 51.
VI. 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 applicable 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:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
<bullet> Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, 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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will
[[Page 8424]]
submit a report containing this action and other required information
to the U.S. Senate, the U.S. House of Representatives, and the
Comptroller General of the United States prior to publication of the
rule in the Federal Register. A major rule cannot take effect until 60
days after it is published in the Federal Register. This action is not
a ``major rule'' as defined by 5 U.S.C. 804(2).
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 [Insert date 60 days after
date of publication in the Federal Register]. 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 CAA section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Carbon monoxide, Incorporation by reference,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 3, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended 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
Sec. 52.119 [Amended]
0
2. In Sec. 52.119, remove and reserve paragraph (b).
0
3. In Sec. 52.120, revise table 4 in paragraph (c) to read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
Table 4 to Paragraph (c)--EPA-Approved Maricopa County Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
County citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
Pre-July 1988 Rule Codification
----------------------------------------------------------------------------------------------------------------
Regulation II--Permits
----------------------------------------------------------------------------------------------------------------
Rule 22 (paragraphs A, C, D, F, Permit Denial- August 12, 1971... July 27, 1972, 37 Paragraphs B and E
G, and H). Action-Transfer- FR 15080. have been
Expiration- superseded.
Posting-
Revocation-
Compliance.
Rule 27......................... Performance tests. June 23, 1980..... April 12, 1982, 47 Submitted on June
FR 15579. 23, 1980.
Rule 28......................... Permit Fees....... March 8, 1982..... June 18, 1982, 47 Submitted on March
FR 26382. 8, 1982.
----------------------------------------------------------------------------------------------------------------
Regulation III--Control of Air Contaminants
----------------------------------------------------------------------------------------------------------------
Rule 32, Paragraph G............ Other Industries.. October 1, 1975... April 12, 1982, 47 Paragraph G of
FR 15579. Rule 32 (``Odors
and Gaseous
Emissions'') is
titled ``Other
Industries.''
Submitted on June
23, 1980.
Rule 32, Paragraph H............ Fuel Burning October 1, 1975... April 12, 1982, 47 Paragraph H of
Equipment for FR 15579. Rule 32 (``Odors
Producing and Gaseous
Electric Power Emissions'') is
(Sulfur Dioxide). titled ``Fuel
Burning Equipment
for Producing
Electric Power
(Sulfur
Dioxide).''
Submitted on June
23, 1980.
Rule 32, Paragraph J............ Operating June 23, 1980..... April 12, 1982, 47 Paragraph J of
Requirements for FR 15579. Rule 32 (``Odors
an Asphalt Kettle. and Gaseous
Emissions'') is
titled
``Operating
Requirements for
an Asphalt
Kettle.''
Submitted on June
23, 1980.
Rule 32, Paragraph K............ Emissions of June 23, 1980..... April 12, 1982, 47 Paragraph K of
Carbon Monoxide. FR 15579. Rule 32 (``Odors
and Gaseous
Emissions'') is
titled
``Emissions of
Carbon
Monoxide.''
Submitted on June
23, 1980.
Rule 32 (Paragraphs A through F Odors and Gaseous August 12, 1971... July 27, 1972, 37 Paragraph G was
only). Emissions. FR 15080. superseded by
approval of
paragraph J of
amended Rule 32.
Submitted on May
26, 1972.
Rule 35......................... Incinerators...... August 12, 1971... July 27, 1972, 37 Superseded by
FR 15080. approval of
Maricopa Rule 313
published on
September 25,
2014, except for
Hospital/Medical/
Infectious Waste
Incinerators.
Submitted on May
26, 1972.
----------------------------------------------------------------------------------------------------------------
Regulation IV--Production of Records; Monitoring; Testing and Sampling Facilities
----------------------------------------------------------------------------------------------------------------
Rule 41, paragraph A............ Monitoring........ August 12, 1971... July 27, 1972, 37 Submitted on May
FR 15080. 26, 1972.
Rule 41, paragraph B............ Monitoring........ October 2, 1978... April 12, 1982, 47 Submitted on
FR 15579. January 18, 1979.
Rule 42......................... Testing and August 12, 1971... July 27, 1972, 37 Submitted on May
Sampling. FR 15080. 26, 1972.
----------------------------------------------------------------------------------------------------------------
[[Page 8425]]
Regulation VII--Emergency Procedures
----------------------------------------------------------------------------------------------------------------
Rule 74, paragraph C............ Public June 23, 1980..... April 12, 1982, 47 Submitted on June
Notification. FR 15579. 23, 1980.
Paragraphs A, B,
and D superseded
by approval of
Rule 510
published on
November 9, 2009.
----------------------------------------------------------------------------------------------------------------
Regulation VIII--Validity and Operation
----------------------------------------------------------------------------------------------------------------
Rule 81......................... Operation......... August 12, 1971... July 27, 1972, 37 Submitted on May
FR 15080. 26, 1972.
----------------------------------------------------------------------------------------------------------------
Post-July 1988 Rule Codification
----------------------------------------------------------------------------------------------------------------
Regulation I--General Provisions
----------------------------------------------------------------------------------------------------------------
Rule 100........................ General Provisions December 11, 2019. February 15, 2022, Submitted on
and Definitions. [INSERT FEDERAL December 20,
REGISTER 2019.
CITATION].
Rule 140........................ Excess Emissions.. Revised September August 27, 2002, Submitted on
5, 2001. 67 FR 54957. February 22,
2002.
----------------------------------------------------------------------------------------------------------------
Regulation II--Permits and Fees
----------------------------------------------------------------------------------------------------------------
Rule 200........................ Permit December 11, 2019. February 15, 2022, Submitted on
Requirements. [INSERT FEDERAL December 20,
REGISTER 2019.
CITATION].
Rule 210........................ Title V Permit December 11, 2019. February 15, 2022, Submitted on
Provisions. [INSERT FEDERAL December 20,
REGISTER 2019.
CITATION].
Rule 220........................ Non-Title V Permit December 11, 2019. February 15, 2022, Submitted on
Provisions. [INSERT FEDERAL December 20,
REGISTER 2019.
CITATION].
Rule 240 (except Section Federal Major New December 11, 2019. February 15, 2022, Submitted on
304.4.e.(1)). Source Review [INSERT FEDERAL December 20,
(NSR). REGISTER 2019.
CITATION].
Rule 241........................ Minor New Source December 11, 2019. February 15, 2022, Submitted on
Review (NSR). [INSERT FEDERAL December 20,
REGISTER 2019.
CITATION].
Rule 242........................ Emissions Offsets June 20, 2007..... August 6, 2007, 72 Submitted on July
Generated by the FR 43538. 5, 2007.
Voluntary Paving
of Unpaved Roads.
----------------------------------------------------------------------------------------------------------------
Regulation III--Control of Air Contaminants
----------------------------------------------------------------------------------------------------------------
Rule 300........................ Visible Emissions. March 12, 2008.... July 28, 2010, 75 Submitted on July
FR 44141. 10, 2008.
Rule 310........................ Fugitive Dust From January 27, 2010.. December 15, 2010, Submitted on April
Dust-Generating 75 FR 78167. 12, 2010. Cites
Operations. appendices C and
F, which are
listed separately
in this table.
Rule 310.01..................... Fugitive Dust From January 27, 2010.. December 15, 2010, Submitted on April
Non-Traditional 75 FR 78167. 12, 2010. Cites
Sources of appendix C, which
Fugitive Dust. is listed
separately in
this table.
Rule 311........................ Particulate matter August 2, 1993.... April 10, 1995, 60 Submitted on March
from process FR 18010. Vacated 3, 1994.
industries. by Ober decision.
Restored August
4, 1997, 62 FR
41856.
Rule 312........................ Abrasive Blasting. July 13, 1988..... January 4, 2001, Submitted on
66 FR 730. January 4, 1990.
Rule 313........................ Incinerators, Burn- May 9, 2012....... September 25, Submitted on
Off Ovens and 2014, 79 FR 57445. August 27, 2012.
Crematories.
Rule 314........................ Open Outdoor Fires March 12, 2008.... November 9, 2009, Submitted on July
and Indoor 74 FR 57612. 10, 2008.
Fireplaces at
Commercial and
Institutional
Establishments.
Rule 316........................ Nonmetallic November 7, 2018.. 7/15/2020, 85 FR Submitted on
Mineral 42726. November 19,
Processing. 2018.
Rule 318........................ Approval of April 21, 1999.... November 8, 1999, Submitted on
Residential 64 FR 60678. August 4, 1999.
Woodburning
Devices.
Rule 322........................ Power Plant October 17, 2007.. October 14, 2009, Submitted on
Operations. 74 FR 52693. January 9, 2008.
Rule 323........................ Fuel Burning November 2, 2016.. July 20, 2020, 85 Submitted on June
Equipment from FR 43692. 22, 2017.
Industrial/
Commercial/
Institutional
(ICI) Sources.
Rule 324........................ Stationary November 2, 2016.. July 20, 2020, 85 Submitted on June
Reciprocating FR 43692. 22, 2017.
Internal
Combustion
Engines (RICE).
Rule 331........................ Solvent Cleaning.. April 21, 2004.... December 21, 2004, Submitted on July
69 FR 76417. 28, 2004.
Rule 333........................ Petroleum Solvent June 19, 1996..... February 9, 1998, Submitted on
Dry Cleaning. 63 FR 6489. February 26,
1997.
Rule 335........................ Architectural July 13, 1988..... January 6, 1992, Submitted on
Coatings. 57 FR 354. January 4, 1990.
Rule 336........................ Surface Coating November 2, 2016.. January 7, 2021, Submitted on June
Operations. 86 FR 971. 22, 2017.
[[Page 8426]]
Rule 337........................ Graphic Arts...... August 17, 2011... August 27, 2019, Submitted on
84 FR 44701. January 15, 2014.
Rule 338........................ Semiconductor June 19, 1996..... February 9, 1998, Submitted on
Manufacturing. 63 FR 6489. February 26,
1997.
Rule 340........................ Cutback and September 21, 1992 February 1, 1996, Submitted on
Emulsified 61 FR 3578. November 13,
Asphalt. 1992.
Rule 341........................ Metal Casting..... August 5, 1994.... February 12, 1996, Submitted on
61 FR 5287. August 16, 1994.
Rule 342........................ Coating Wood November 2, 2016.. August 27, 2019, Submitted on June
Furniture and 84 FR 44701. 22, 2017.
Fixtures.
Rule 343........................ Commercial Bread February 15, 1995. March 17, 1997, 62 Submitted on
Bakeries. FR 12544. August 31, 1995.
Rule 344........................ Automobile April 7, 1999..... November 30, 2001, Submitted on
Windshield Washer 66 FR 59699. August 4, 1999.
Fluid.
Rule 346........................ Coating Wood November 20, 1996. February 9, 1998, Submitted on March
Millwork. 63 FR 6489. 4, 1997.
Rule 347........................ Ferrous Sand March 4, 1998..... June 12, 2000, 65 Submitted on
Casting. FR 36788. August 4, 1999.
Rule 348........................ Aerospace April 7, 1999..... September 20, Submitted on
Manufacturing and 1999, 64 FR 50759. August 4, 1999.
Rework Operations.
Rule 349........................ Pharmaceutical, April 7, 1999..... June 8, 2001, 66 Submitted on
Cosmetic, and FR 30815. August 4, 1999.
Vitamin
Manufacturing
Operations.
Rule 350........................ Storage and 11/02/2016........ 2/26/2020, 85 FR Submitted on June
Transfer of 10986. 22, 2017.
Organic Liquids
(Non-Gasoline) at
an Organic Liquid
Distribution
Facility.
Rule 351........................ Storage and 11/02/2016........ 2/26/2020, 85 FR Submitted on June
Loading of 10986. 22, 2017.
Gasoline at Bulk
Gasoline Plants
and Bulk Gasoline
Terminals.
Rule 352........................ Gasoline Cargo 11/02/2016........ 2/26/2020, 85 FR Submitted on June
Tank Testing and 10986. 22, 2017.
Use.
Rule 353........................ Storage and 11/02/2016........ 2/26/2020, 85 FR Submitted on June
Loading of 10986. 22, 2017.
Gasoline at
Gasoline
Dispensing
Facilities.
Rule 358........................ Polystyrene Foam April 20, 2005.... May 26, 2005, 70 Submitted on April
Operations. FR 30370. 25, 2005.
----------------------------------------------------------------------------------------------------------------
Regulation V--Air Quality Standards and Area Classification
----------------------------------------------------------------------------------------------------------------
Rule 510........................ Air Quality 12/11/2019........ 10/4/2021, 86 FR The December 11,
Standards. 54628. 2019 version of
Rule 510 replaces
the version that
was adopted on
November 1, 2006
(74 FR 57612).
----------------------------------------------------------------------------------------------------------------
Regulation VI--Emergency Episodes
----------------------------------------------------------------------------------------------------------------
Rule 600........................ Emergency Episodes July 13, 1988..... March 18, 1999, 64 Submitted on
FR 13351. January 4, 1990.
----------------------------------------------------------------------------------------------------------------
Appendices to Maricopa County Air Pollution Control Rules and Regulations
----------------------------------------------------------------------------------------------------------------
Appendix C...................... Fugitive Dust Test March 26, 2008.... December 15, 2010, Cited in Rules 310
Methods. 75 FR 78167. and 310.01.
Submitted on July
10, 2008.
Appendix F...................... Soil Designations. April 7, 2004..... August 21, 2007, Cited in Rule 310.
72 FR 46564. Submitted on
October 7, 2005.
----------------------------------------------------------------------------------------------------------------
[dagger] Vacated by the U.S. Court of Appeals for the Ninth Circuit in Delaney v. EPA, 898 F.2d 687 (9th Cir.
1990). Restored by document published January 29, 1991.
* * * * *
0
4. Revise Sec. 52.144 to read as follows:
Sec. 52.144 Significant deterioration of air quality.
(a) The requirements of sections 160 through 165 of the Clean Act
are not met, since the plan as it applies to stationary sources under
the jurisdiction of the Pima County Health Department, and stationary
sources locating on any Indian reservation lands, and any other area of
Indian country where the EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction, located within the State of Arizona, does not
include approvable procedures for preventing the significant
deterioration of air quality.
(b) Regulation for preventing significant deterioration of air
quality. The provisions of Sec. 52.21 except paragraph (a)(1) of this
section are hereby incorporated and made a part of the applicable State
plan for the State of Arizona for those portions applicable to the Pima
County Health Department, and to any Indian reservation lands, and any
other area of Indian country where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction, located within the State of
Arizona.
(c) The requirements of sections 160 through 165 of the Clean Air
Act are met as they apply to stationary sources under the jurisdiction
of the Arizona Department of Environmental Quality (ADEQ) and the
Maricopa County Air Quality Department (MCAQD), except with respect to
emissions of greenhouse gases (GHGs) (as defined in Sec.
52.21(b)(49)(i)). Therefore, the provisions of Sec. 52.21, except
paragraph (a)(1) of this section, for GHGs are hereby made a part of
the plan for stationary sources under the jurisdiction of the ADEQ and
the MCAQD as it applies to the stationary sources described in Sec.
52.21(b)(49)(iv).
0
5. In Sec. 52.145, revise paragraph (b) to read as follows:
Sec. 52.145 Visibility protection.
* * * * *
(b) Regulations for visibility new source review. The provisions of
Sec. 52.28 are hereby incorporated and made part of the applicable
plan for the State of
[[Page 8427]]
Arizona only for those stationary sources under the permitting
jurisdiction of the Pima County Department of Environmental Quality.
The provisions of Sec. 52.28 also remain the applicable plan for any
Indian reservation lands, and any other area of Indian country where
the EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction, located within the State of Arizona.
* * * * *
[FR Doc. 2022-02773 Filed 2-14-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on February 15, 2022.
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