Rule2022-18723
Air Plans; Arizona; Revised Format for Materials Incorporated by Reference; Correcting Amendment
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
September 1, 2022
Effective
October 31, 2022
Issuing agencies
Environmental Protection Agency
Abstract
On November 23, 2016, the Environmental Protection Agency (EPA) issued a final rule titled "Approval and Promulgation of Implementation Plans; State of Arizona; Revised Format for Materials Incorporated by Reference." That publication inadvertently omitted an entry for a regulation approved as part of the Maricopa County portion of the Arizona State Implementation Plan (SIP) and contained certain other errors. The EPA is taking direct final action to correct this omission and to correct the other errors. The regulations affected by this correcting amendment have all been previously submitted by the State of Arizona and approved by the EPA.
Full Text
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<title>Federal Register, Volume 87 Issue 169 (Thursday, September 1, 2022)</title>
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[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Rules and Regulations]
[Pages 53676-53679]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18723]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0230; FRL-9602-02-R9]
Air Plans; Arizona; Revised Format for Materials Incorporated by
Reference; Correcting Amendment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On November 23, 2016, the Environmental Protection Agency
(EPA) issued a final rule titled ``Approval and Promulgation of
Implementation Plans; State of Arizona; Revised Format for Materials
Incorporated by Reference.'' That publication inadvertently omitted an
entry for a regulation approved as part of the Maricopa County portion
of the Arizona State Implementation Plan (SIP) and contained certain
other errors. The EPA is taking direct final action to correct this
omission and to correct the other errors. The regulations affected by
this correcting amendment have all been previously submitted by the
State of Arizona and approved by the EPA.
DATES: This rule is effective on October 31, 2022 without further
notice unless the EPA receives adverse comments by October 3, 2022. If
we receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0230 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: Kevin Gong, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3073 or by
email at <a href="/cdn-cgi/l/email-protection#11767e7f763f7a7467787f517461703f767e67"><span class="__cf_email__" data-cfemail="2f4840414801444a5946416f4a5f4e01484059">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'',
``us'' or ``our'' are used, we mean the EPA. Information is organized
as follows:
Table of Contents
I. Background
II. What the EPA Is Doing in This Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background
Each State has a SIP containing the control measures and strategies
used to attain and maintain the national ambient air quality standards
(NAAQS). The SIP is extensive, containing such elements as air
pollution control regulations, emission inventories, monitoring
networks, attainment demonstrations, and enforcement mechanisms.
On November 23, 2016 (81 FR 85038), the EPA revised the format for
materials submitted by the State of Arizona that are approved by the
EPA as part of the Arizona SIP and incorporated by reference (IBR) into
the Code of Federal Regulations. In revising the format, we changed how
we identify the contents of the applicable Arizona SIP from a paragraph
format to a table format. The change can be seen by comparing the table
format in the ``identification of plan'' section set forth at 40 CFR
52.120(c), (d) and (e) with the paragraph format in the original
``identification of plan'' section set forth at 40 CFR 52.152.
In the November 23, 2016 final rule, we made the following errors
that we are correcting through this action:
<bullet> Inadvertent omission of an entry for Maricopa County Air
Quality Department (MCAQD) Rule 34 (``Organic Solvents--Volatile
Organic Compounds (VOC)''), which the EPA approved at 47 FR 19326 (May
5, 1982). Certain paragraphs of MCAQD Rule 34 have been superseded by
EPA approval of more recent VOC rules for Maricopa County or have been
rescinded, but paragraphs F, G, H, I, J and K of Rule 34 remain in the
applicable SIP.\1\ We are adding the appropriate entry to the table of
approved rules for Maricopa County.
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\1\ The EPA approved the rescission of paragraphs A, D.1, E.1,
E.3 and L of Rule 34 as proposed at 87 FR 7784 (February 10, 2022).
Paragraphs B and C were superseded by approval of MCAQD Rule 331
(Solvent Cleaning) at 61 FR 3578 (February 1, 1996). Paragraph D.2
was superseded by approval of MCAQD Rule 333 (Petroleum Solvent Dry
Cleaning) at 61 FR 3578 (February 1, 1996). Paragraph E.2 was
superseded by approval of MCAQD Rule 335 (Architectural Coatings) at
57 FR 354 (January 6, 1992). Paragraph E.4 was superseded by
approval of MCAQD Rule 336 (Surface Coating Operations) at 63 FR
6487 (February 9, 1998).
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<bullet> Inadvertent errors in the entries for Pima County
Department of Environmental Quality (PCDEQ) Rules 7A (``Emission
Limitation, Fuel Burning Equipment--Sulfur Dioxide'') and 7B
(``Emission Limitation, Fuel Burning Equipment--Nitrogen Oxides''),
which the EPA approved at 42 FR 36998 (July 19, 1977). With respect to
Rule 7A, we indicated correctly that paragraphs 2 through 5 had been
disapproved, but inadvertently failed to identify paragraph 6 of Rule
7A as part of the
[[Page 53677]]
applicable SIP. With respect to Rule 7B, the entry erroneously
identified only paragraph 1 as part of the SIP, but the approval
applies to paragraphs 1 through 4. In this action, we are amending the
entries accordingly and are also correcting the title of the rules to
match the rule titles as submitted.
<bullet> Lastly, in the entry for Arizona Revised Statutes (ARS)
section 9-500.27 (excluding paragraphs D and E), we inadvertently added
an equals (=) sign after the section number and accompanying
parenthetical phrase, and we are correcting the typographical error in
this action.
II. What the EPA Is Doing in This Action
Section 110(k)(6) of the Clean Air Act (CAA or ``Act''), as amended
in 1990, provides that, whenever the EPA determines that the EPA's
action approving, disapproving, or promulgating any plan or plan
revision (or part thereof), area designation, redesignation,
classification or reclassification was in error, the EPA may in the
same manner as the approval, disapproval, or promulgation revise such
action as appropriate without requiring any further submission from the
state. Such determination and the basis thereof must be provided to the
state and the public. We interpret this provision to authorize the EPA
to make corrections to a promulgated regulation when it is shown to our
satisfaction (or we discover) that (1) we clearly erred by failing to
consider or by inappropriately considering information made available
to the EPA at the time of the promulgation, or the information made
available at the time of promulgation is subsequently demonstrated to
have been clearly inadequate, and (2) other information persuasively
supports a change in the regulation. See 57 FR 56762, at 56763
(November 30, 1992) (correcting designations, boundaries, and
classifications of ozone, carbon monoxide, particulate matter and lead
areas).
In this action, pursuant to CAA section 110(k)(6), we are
correcting the November 23, 2016 final rule revising the format of the
Arizona SIP in part 52 to include a MCAQD rule that we inadvertently
omitted and to fix certain other errors we made in that rulemaking. We
do not think anyone will object to this approval, so we are finalizing
it without proposing it in advance. However, in the Proposed Rules
section of this issue of the Federal Register, we are simultaneously
proposing the same error corrections. If we receive adverse comments by
October 3, 2022, we will publish a timely withdrawal in the Federal
Register to notify the public that the direct final approval will not
take effect and we will address the comments in a subsequent final
action based on the proposal. If we do not receive timely adverse
comments, the direct final approval will be effective without further
notice on October 31, 2022. This will incorporate these rules into the
federally enforceable SIP.
Please note that if the EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, the EPA may adopt as final
those provisions of the rule that are not the subject of an adverse
comment.
III. 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
and PCDEQ rules described in section I of the 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 State Implementation
Plan, 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.\2\ The EPA has made, and will continue to make, these
documents available electronically through <a href="http://www.regulations.gov">www.regulations.gov</a> and in
hard copy at the appropriate EPA office (see the ADDRESSES section of
this preamble for more information).
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\2\ 62 FR 27968 (May 22, 1997)
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IV. Statutory and Executive Order Reviews
A. General Requirements
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 corrects errors in a previous
rulemaking 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 disproportionate human health or environmental effects with
practical, appropriate, 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, this 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).
B. Submission to Congress and the Comptroller General
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 53678]]
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).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 8, 2016. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of this issue of the Federal Register, rather than file
an immediate petition for judicial review of this direct final rule, so
that the EPA can withdraw this direct final rule and address the
comment in the proposed rulemaking. This action may not be challenged
later in proceedings to enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile organic compounds.
Dated: August 24, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons discussed in the preamble, the Environmental
Protection Agency amends Part 52, chapter I, title 40 of the Code of
Federal Regulations as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart D--Arizona
0
2. Amend Sec. 52.120 as follows:
0
a. In paragraph (c), Table 1 under the table headings ``Title 9 (Cities
and Towns),'' ``Chapter 4 (General Powers)'' and ``Article 8
(Miscellaneous),'' revise the entry for ``9-500.27, excluding
paragraphs D and E.'';
0
b. In paragraph (c), Table 4 under the table headings ``Pre-July 1988
Rule Codification'' and ``Regulation III--Control of Air
Contaminants,'' add an entry for ``Rule 34 (paragraphs F, G, H, I, J
and K only)'' before the entry for ``Rule 35''; and
0
c. In paragraph (c), Table 7 under the table headings ``1976-1978 Rule
Codification'' and ``Regulation II--Fuel Burning Equipment,'' revise
the entries for ``Rule 7A (Paragraph 1)'' and ``Rule 7B (Paragraph
1)''.
The revisions and addition read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
Table 1--EPA-Approved Arizona Statutes
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State effective
State citation Title/subject date EPA approval date Additional explanation
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* * * * * * *
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Title 9 (Cities and Towns)
Chapter 4 (General Powers)
Article 8 (Miscellaneous)
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* * * * * * *
9-500.27, excluding paragraphs Off-road vehicle September 19, March 31, 2014, Arizona Revised
D and E. ordinance; 2007. 79 FR 17878. Statutes (Thomson/
applicability; West, 2008).
violation; Submitted on May 25,
classification. 2012. ADEQ clarified
and revised the May
25, 2012 submittal by
letter dated
September 26, 2013.
* * * * * * *
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Table 4 to Paragraph (c)--Approved Maricopa County Air Pollution Control Regulations
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State effective
County citation Title/subject date EPA approval date Additional explanation
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Pre-July 1988 Rule Codification
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[[Page 53679]]
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Regulation III--Control of Air Contaminants
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Rule 34 (paragraphs F, G, H, I, Organic Solvents-- June 23, 1980.... May 5, 1982, 47 Submitted on June 23,
J and K only). Volatile Organic FR 19326. 1980. EPA approved
Compounds (VOC). the rescission of
paragraphs A, D.1,
E.1, E.3 and L.
Paragraphs B and C
were superseded by
approval of Maricopa
Rule 331; paragraph
D.2 was superseded by
approval of Maricopa
Rule 333; paragraph
E.2 was superseded by
approval Maricopa
Rule 335; and
paragraph E.4 was
superseded by
approval of Maricopa
Rule 336.
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Table 7--EPA-Approved Pima County Air Pollution Control Regulations
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State effective
County citation Title/subject date EPA approval date Additional explanation
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1976-1978 Rule Codification
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Regulation II--Fuel Burning Equipment
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Rule 7A (Paragraphs 1 and 6)... Emission June 21, 1976.... July 19, 1977, 42 Submitted on September
Limitation, Fuel FR 36998. 30, 1976. Paragraphs
Burning 2 to 5 were
Equipment--Sulfu disapproved. See 42
r Dioxide. FR 36998 (July 19,
1977).
Rule 7B (Paragraphs 1-4)....... Emission June 21, 1976.... July 19, 1977, 42 Submitted on September
Limitation, Fuel FR 36998. 30, 1976.
Burning
Equipment--Nitro
gen Oxides.
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[FR Doc. 2022-18723 Filed 8-31-22; 8:45 am]
BILLING CODE 6560-50-P
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