Rule2022-07922
Air Plan Approval; Arizona: Maricopa County Air Quality Department
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
April 14, 2022
Effective
May 16, 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 (MCAQD) portion of the Arizona State Implementation Plan (SIP). These revisions concern emissions of particulate matter (PM) from wood burning devices. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).
Full Text
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<title>Federal Register, Volume 87 Issue 72 (Thursday, April 14, 2022)</title>
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[Federal Register Volume 87, Number 72 (Thursday, April 14, 2022)]
[Rules and Regulations]
[Pages 22135-22137]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07922]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0773; FRL-9219-02-R9]
Air Plan Approval; Arizona: Maricopa County Air Quality
Department
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Maricopa County Air Quality
Department (MCAQD) portion of the Arizona State Implementation Plan
(SIP). These revisions concern emissions of particulate matter (PM)
from wood burning devices. We are approving local rules that regulate
these emission sources under the Clean Air Act (CAA or the Act).
DATES: These rules will be effective on May 16, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2021-0773. 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: Christine Vineyard, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4125 or by
email at <a href="/cdn-cgi/l/email-protection#e5938c8b809c849781cb868d978c96918c8b80a5809584cb828a93"><span class="__cf_email__" data-cfemail="1167787f74687063753f727963786265787f74517461703f767e67">[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
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On December 14, 2021 (86 FR 70994), the EPA proposed to approve the
following rules into the Arizona SIP.
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Rule No.
Local agency Ordinance No. Rule title Revised Submitted
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MCAQD...................... Ordinance P-26... Residential Woodburning 10/23/19 11/20/19
Restriction.
MCAQD...................... Rule 314......... Outdoor Fires and Commercial/ 10/23/19 11/20/19
Institutional Solid Fuel
Burning.
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We proposed to approve these rules because we determined that they
comply with the relevant CAA requirements. Our proposed action and
Technical Support Document (TSD) contain more information on the rules
and our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received one comment from a private citizen.
Comment: The commenter raises the concern that the revisions to the
Arizona State Implementation Plan (SIP) ``do not go far enough to
reduce the risks of wildfires and particulate matter emissions.'' The
comment emphasizes the need to ``uphold the highest air quality
standards of the Clean Air Act'' and ``strongly regulat[e] fires in
Maricopa County'' to reduce the impacts
[[Page 22136]]
on environmental and human health from woodburning and seasonal
wildfires, including those impacts that are exacerbated by the COVID-19
pandemic.
The commenter ultimately ``oppose[s] the conditional approval''
from the EPA's proposal and requests that Maricopa County ``further
revise these provisions within their State Implementation Plan to meet
the strongest of air quality standards regarding particulate matter.''
EPA's Response: We note that we proposed to fully approve, not
conditionally approve, revisions to MCAQD Ordinance P-26 and Rule 314.
As we explained in our proposed action and TSD, during Maricopa
County's implementation of earlier versions of Ordinance P-26 and Rule
314 (i.e., those that were previously approved into the SIP), the MCAQD
found that certain sections of Rule 314 were unclear and confusing to
the public. Therefore, the MCAQD revised the rules to clarify which
types of residential fires are subject to Rule 314 and which types of
residential fires are subject to Ordinance P-26. The EPA's finalization
of our proposed action to approve the submitted revisions to Ordinance
P-26 and Rule 314 will add clarity to the SIP and improve
implementation.
Further, Rule 314 was revised to reduce emissions from outdoor
fires for cooking by defining cooking, restricting the size of fires
used for cooking, and requiring that fires ignited for cooking during a
restricted burn period be extinguished once the food is suitable for
human consumption. And to reduce total annual emissions from
fireplaces, woodstoves, and chimineas at commercial and institutional
establishments and outdoor fires, the rules were revised to require the
use of seasoned wood, which contains no more than 20 percent moisture.
These revisions will directly reduce particulate matter emissions and
contribute to the area's compliance with the 2012 National Ambient Air
Quality Standard for fine particulate matter.\1\
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\1\ Rule 314-SIP Revision Package p. 37-38, Docket ID: EPA-R09-
OAR-2021-0773-0002.
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Under the CAA, EPA is required to approve a SIP submission that
complies with the provisions of the CAA and applicable federal
regulations.\2\ In reviewing SIP submissions, EPA's role is to approve
state choices, provided that they meet the criteria of the CAA. Thus,
we are approving MCAQD Ordinance P-26 and Rule 314 because they
strengthen the SIP and comply with all requirements for SIP revisions
under the Clean Air Act.
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\2\ 42 U.S.C. 7410(k); 40 CFR 52.02(a).
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III. EPA Action
No comments were submitted that change our assessment of the rules
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving these rules
into the Arizona SIP. The October 23, 2019 version of Ordinance P-26
and Rule 314 will replace the previously approved versions of these
rules in the SIP.
IV. 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 Section I. of this preamble and set forth below in
the amendments to 40 CFR part 52. Therefore, these materials have been
approved by the EPA for inclusion in the SIP, have been incorporated by
reference by the EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of the EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\3\ The EPA has
made, and will continue to make, these documents available through
<a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region IX Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
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\3\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
<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 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
[[Page 22137]]
``major rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 13, 2022. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 7, 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
0
2. Section 52.120, paragraph (c), Table 4, under the heading ``Post-
July 1988 Rule Codification'', is amended by:
0
a. Revising the entry for Rule 314 under the table heading ``Regulation
III--Control of Air Contaminants''; and
0
b. Adding a heading for ``Maricopa County Ordinances'' and an entry for
``Ordinance P-26'' under the table heading ``Appendices to Maricopa
County Air Pollution Control Rules and Regulations'' after the entry
for ``Appendix F''.
The revision and addition read as follows.
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
Table 4 to Paragraph (c)--EPA-Approved Maricopa County Air Pollution Control Regulations
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State effective Additional
County citation Title/subject date EPA approval date explanation
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* * * * * * *
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Post-July 1988 Rule Codification
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* * * * * * *
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Regulation III--Control of Air Contaminants
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* * * * * * *
Rule 314........................ Outdoor Fires and October 23, 2019.. [INSERT Federal Submitted on
Commercial/ Register November 20,
Institutional CITATION], April 2019.
Solid Fuel 14, 2022.
Burning.
* * * * * * *
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Appendices to Maricopa County Air Pollution Control Rules and Regulations
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* * * * * * *
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Maricopa County Ordinances
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Ordinance P-26.................. Residential October 23, 2019.. [INSERT Federal Submitted on
Woodburning Register November 20,
Restriction. CITATION], April 2019.
14, 2022.
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[FR Doc. 2022-07922 Filed 4-13-22; 8:45 am]
BILLING CODE 6560-50-P
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