Rule2022-16740
Air Plan Approval; Arizona; Maricopa County Air Quality Management 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
August 4, 2022
Effective
August 4, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is making an interim final determination that the Arizona Department of Environmental Quality (ADEQ) has submitted a rule and other materials on behalf of the Maricopa County Air Quality Department (MCAQD or "County") that correct deficiencies in its Clean Air Act (CAA or "Act") state implementation plan (SIP) provisions concerning ozone nonattainment requirements. This determination is based on a proposed approval, published elsewhere in this issue of the Federal Register, of MCAQD's reasonably available control technology (RACT) demonstration for the aerospace coating category ("aerospace operations RACT certification") and negative declarations for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or "standards") in the portion of the Phoenix-Mesa ozone nonattainment areas regulated by the MCAQD, as well as a rule covering emissions of volatile organic compounds (VOCs) from surface coatings and industrial adhesives. The effect of this interim final determination is that the imposition of sanctions that were triggered by a previous partial disapproval by the EPA in 2021 is now deferred. If the EPA finalizes its approval of MCAQD's submission, relief from these sanctions will become permanent.
Full Text
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<title>Federal Register, Volume 87 Issue 149 (Thursday, August 4, 2022)</title>
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[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Rules and Regulations]
[Pages 47630-47632]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16740]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0607; FRL-10024-02-R9]
Air Plan Approval; Arizona; Maricopa County Air Quality
Management Department
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final determination.
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SUMMARY: The Environmental Protection Agency (EPA) is making an interim
final determination that the Arizona Department of Environmental
Quality (ADEQ) has submitted a rule and other materials on behalf of
the Maricopa County Air Quality Department
[[Page 47631]]
(MCAQD or ``County'') that correct deficiencies in its Clean Air Act
(CAA or ``Act'') state implementation plan (SIP) provisions concerning
ozone nonattainment requirements. This determination is based on a
proposed approval, published elsewhere in this issue of the Federal
Register, of MCAQD's reasonably available control technology (RACT)
demonstration for the aerospace coating category (``aerospace
operations RACT certification'') and negative declarations for the 2008
8-hour ozone National Ambient Air Quality Standards (NAAQS or
``standards'') in the portion of the Phoenix-Mesa ozone nonattainment
areas regulated by the MCAQD, as well as a rule covering emissions of
volatile organic compounds (VOCs) from surface coatings and industrial
adhesives. The effect of this interim final determination is that the
imposition of sanctions that were triggered by a previous partial
disapproval by the EPA in 2021 is now deferred. If the EPA finalizes
its approval of MCAQD's submission, relief from these sanctions will
become permanent.
DATES: This interim final determination is effective on August 4, 2022.
However, comments will be accepted on or before September 6, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0607 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For comments submitted at
<a href="http://Regulations.gov">Regulations.gov</a>, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. 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: Nicole Law, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4126 or by
email at <a href="/cdn-cgi/l/email-protection#0d416c7a2343646e6261684d687d6c236a627b"><span class="__cf_email__" data-cfemail="226e43550c6c4b414d4e47624752430c454d54">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to the EPA.
Table of Contents
I. Background
II. EPA Action
III. Statutory and Executive Order Reviews
I. Background
On January 7, 2021 (86 FR 971), the EPA issued a final rule
promulgating the partial approval, partial disapproval, and partial
conditional approval for revisions to portions of the MCAQD portion of
the Arizona SIP that had been submitted by ADEQ to the EPA for approval
(``the 2017 RACT Submittal''). The 2017 RACT Submittal action addressed
the MCAQD's RACT SIP requirements under the Act. In our 2017 RACT
Submittal action, we determined that while MCAQD's SIP revision
submittal strengthened the SIP, the submittal did not fully meet the
requirements for RACT SIPs under the CAA. Our 2017 RACT Submittal
action included a final partial disapproval action under title I, part
D of the Act, relating to requirements for nonattainment areas.
Pursuant to section 179 of the CAA and our regulations at 40 CFR 52.31,
this partial disapproval action under title I, part D started a
sanctions clock for imposition of offset sanctions 18 months after the
action's effective date of February 8, 2021, and highway sanctions 6
months later.
On June 23, 2021, MCAQD adopted a RACT certification for VOCs
emissions from aerospace operations (``aerospace operations RACT
certification'') and on September 1, 2021, adopted negative
declarations and revised Rule 336, ``Surface Coating Operations and
Industrial Adhesive Application Process.'' On June 30, 2021, ADEQ
submitted the aerospace operations RACT certification and on September
17, 2021, ADEQ submitted the revised Rule 336 and negative declarations
to the EPA for approval into the Arizona SIP (``2021 RACT Submittal'').
The revised rule, negative declarations, and RACT certification are
intended to address the disapproval issues under title I, part D that
we identified in our 2017 RACT Submittal action. In the Proposed Rules
section of this Federal Register, we have proposed approval of MCAQD
Rule 336, the negative declarations, and the County's aerospace
operations RACT certification. Based on this proposed approval action,
we are also making this interim final determination, effective on
publication, to defer imposition of the offset sanctions and highway
sanctions that were triggered by our partial disapproval of the 2017
RACT Submittal because we believe that the 2021 RACT Submittal corrects
the deficiencies that triggered such sanctions.\1\
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\1\ 40 CFR 52.31(d)(2).
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The EPA is providing the public with an opportunity to comment on
this deferral of sanctions. If comments are submitted that change our
assessment described in this interim final determination and the
proposed full approval of MCAQD Rule 336, the negative declarations,
and the aerospace operations RACT certification in the 2021 RACT
Submittal with respect to the title I, part D deficiencies identified
in our 2017 RACT Submittal action, we would take final action to lift
this deferral of sanctions under 40 CFR 52.31. If no comments are
submitted that change our assessment, then sanctions and sanction
clocks triggered by our 2017 RACT Submittal action would be permanently
terminated on the effective date of our final approval of MCAQD Rule
336, the negative declarations, and the aerospace operations RACT
certification.
II. EPA Action
We are making an interim final determination to defer CAA section
179 sanctions associated with our partial disapproval action on January
7, 2021, of MCAQD's RACT SIP and Rule 336 with respect to the
requirements of part D of title I of the CAA. This determination is
based on our concurrent proposal to fully approve MCADQ Rule 336, the
negative declarations, and the aerospace operations RACT certification,
which resolve the deficiencies that triggered sanctions under section
179 of the CAA.
Because the EPA has preliminarily determined that MCAQD's 2021 RACT
Submittal addresses the deficiencies under part D of title I of the CAA
identified in our 2017 RACT Submittal action and are fully approvable,
relief from sanctions should be provided as quickly as possible.
Therefore, the EPA is invoking the good cause exception under the
Administrative Procedure Act (APA) in not providing an opportunity for
comment before this action takes
[[Page 47632]]
effect (5 U.S.C. 553(b)(3)). However, by this action, the EPA is
providing the public with a chance to comment on the EPA's
determination after the effective date, and the EPA will consider any
comments received in determining whether to reverse such action.
The EPA believes that notice-and-comment rulemaking before the
effective date of this action is impracticable and contrary to the
public interest. The EPA has reviewed the State's submittal and,
through its proposed action, is indicating that it is more likely than
not that the State has submitted a revision to the SIP that corrects
deficiencies under part D of the Act that were the basis for the action
that started the sanctions clocks. Therefore, it is not in the public
interest to impose sanctions. The EPA believes that it is necessary to
use the interim final rulemaking process to defer sanctions while the
EPA completes its rulemaking process on the approvability of the
State's submittal. Moreover, with respect to the effective date of this
action, the EPA is invoking the good cause exception to the 30-day
notice requirement of the APA because the purpose of this notice is to
relieve a restriction (5 U.S.C. 553(d)(1)).
III. Statutory and Executive Order Reviews
This action defers sanctions and imposes no additional
requirements. 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 disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
<bullet> 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).
<bullet> 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. The CRA allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice and comment rulemaking procedures are
impracticable, unnecessary or contrary to the public interest (5 U.S.C.
808(2)). The EPA has made a good cause finding for this rule as
discussed in section II of this preamble, including the basis for that
finding.
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 3, 2022. Filing a petition for
reconsideration by the EPA Administrator of this final rule does not
affect the finality of this rule for the purpose of judicial review nor
does it extend the time within which 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, Incorporation by reference, Intergovernmental
relations, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 27, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-16740 Filed 8-3-22; 8:45 am]
BILLING CODE 6560-50-P
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