Rule2023-02477
Air Plan Approval; Arizona; Maricopa County; Reasonably Available Control Technology-Combustion Sources
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 7, 2023
Effective
March 9, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Maricopa County Air Quality Department's (MCAQD or "County") portion of the Arizona State Implementation Plan (SIP). This revision concerns emissions of oxides of nitrogen (NO<INF>X</INF>) and particulate matter (PM) from combustion equipment and internal combustion engines. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or "Act") and making the determination that the County's control measures implement Reasonably Available Control Technology (RACT) for major sources of NO<INF>X</INF> under the 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS).
Full Text
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<title>Federal Register, Volume 88 Issue 25 (Tuesday, February 7, 2023)</title>
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[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Rules and Regulations]
[Pages 7879-7881]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02477]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0609; FRL-10025-03-R9]
Air Plan Approval; Arizona; Maricopa County; Reasonably Available
Control Technology--Combustion Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the Maricopa County Air Quality
Department's (MCAQD or ``County'') portion of the Arizona State
Implementation Plan (SIP). This revision concerns emissions of oxides
of nitrogen (NO<INF>X</INF>) and particulate matter (PM) from
combustion equipment and internal combustion engines. We are approving
local rules that regulate these emission sources under the Clean Air
Act (CAA or ``Act'') and making the determination that the County's
control measures implement Reasonably Available Control Technology
(RACT) for major sources of NO<INF>X</INF> under the 2008 8-hour ozone
National Ambient Air Quality Standard (NAAQS).
DATES: These rules are effective on March 9, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2022-0609. 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: La Kenya Evans-Hopper, EPA Region IX,
75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3245 or
by email at <a href="/cdn-cgi/l/email-protection#9efbe8fff0edf6f1eeeefbecb0f2fff5fbf0e7ffdefbeeffb0f9f1e8"><span class="__cf_email__" data-cfemail="6603100708150e0916160314480a070d03081f072603160748010910">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Proposed Action and Interim Final Determination
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action and Interim Final Determination
On August 4, 2022 (87 FR 47666), the EPA proposed to approve the
following two rules submitted by the Arizona Department of
Environmental Quality (ADEQ) into the Arizona SIP.
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Local agency Rule No. Rule title Revised Submitted
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MCAQD.................. 323 Fuel Burning June 23, 2021............. June 30, 2021.
Equipment from
Industrial/
Commercial/
Institutional (ICI)
Sources.
MCAQD.................. 324 Stationary June 23, 2021............. June 30, 2021.
Reciprocating
Internal Combustion
Engines (RICE).
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We proposed to approve these rules because we determined that they
comply with the relevant CAA requirements. Our proposed action contains
more information on the rules and our evaluation. On the same day, we
also made an interim final determination (87 FR 47632) that the
submittal from the ADEQ corrected SIP deficiencies from a previous
submittal, allowing us to defer the imposition of sanctions resulting
from our previous disapproval action concerning the County's RACT
demonstration for major sources of NO<INF>X</INF>.\1\
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\1\ 86 FR 971 (February 8, 2021).
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II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. EPA Action
No comments were submitted during the public comment period.
Therefore, as authorized in section 110(k)(3) of the Act, the EPA is
fully approving these rules into the Arizona SIP. The June 30, 2021
versions of Rule 323 and Rule 324 will replace the November 2, 2016
versions of these rules in the SIP. On December 30, 2022 (87 FR 80462)
we finalized approval for MCAQD Rule 322 to replace the SIP-approved
version of that rule, which, together with our approval of Rules 323
and 324, would address our previous disapproval of the major sources of
NO<INF>X</INF> RACT element. Therefore, we find that all three rules
regulating major sources of NO<INF>X</INF> in Maricopa County meet the
applicable CAA requirements and include requirements that are
consistent with RACT for NO<INF>X</INF> sources. Based on this finding,
the EPA concludes that the submitted rules satisfy CAA section 182 RACT
requirements for the 2008 8-hour ozone NAAQS for major sources of
NO<INF>X</INF>.
[[Page 7880]]
As a result of this action, the sanctions that were deferred in our
interim final determination are now rescinded, and a federal
implementation plan to resolve the deficiency is no longer required
under section 110(c) of the Act. We will also delete our previous
conditional approval codified at 40 CFR 52.119 (Rules and regulations)
since subsequent versions of Rules 323 and 324 are being approved.
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 Maricopa
County Air Quality Department, Rule 323, Fuel Burning Equipment from
Industrial/Commercial/Institutional (ICI) Sources, revised on June 23,
2021, which regulates NO<INF>X</INF>, CO, and PM from fuel burning
combustion units at industrial and/or commercial and/or institutional
(ICI) sources, and Rule 324, Stationary Reciprocating Internal
Combustion Engines (RICE), revised on June 23, 2021, which regulates
carbon monoxide (CO), NO<INF>X</INF>, sulfur oxides (SO<INF>X</INF>),
VOCs, and PM rom stationary reciprocating internal combustion engines.
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.\2\ 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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\2\ 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); and
<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.
The State did not evaluate environmental justice considerations as
part of its SIP submittal. There is no information in the record
inconsistent with the stated goals of Executive Order 12898 of
achieving environmental justice for people of color, low-income
populations, and indigenous peoples (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 ``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 April 10, 2023. 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, Oxides of
Nitrogen, Ozone, Particulate matter, Reporting and recordkeeping
requirements.
Dated: January 31, 2023.
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 (c)(2).
0
3. In Sec. 52.120, amend Table 4 to paragraph (c) by revising the
entries for ``Rule 323'' and ``Rule 324'', to read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
[[Page 7881]]
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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* * * * * * *
Rule 323........................ Fuel Burning June 23, 2021..... [INSERT Federal Submitted on June
Equipment from Register 30, 2021, under
Industrial/ CITATION], an attached
Commercial/ February 7, 2023. letter dated June
Institutional 24, 2021.
(ICI) Sources.
Rule 324........................ Stationary June 23, 2021..... [INSERT Federal Submitted on June
Reciprocating Register 30, 2021, under
Internal CITATION], an attached
Combustion February 7, 2023. letter dated June
Engines (RICE). 24, 2021.
* * * * * * *
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* * * * *
0
4. In Sec. 52.124 revise paragraph (b)(2)(i) to read as follows.
Sec. 52.124 Part D disapproval.
* * * * *
(b) * * *
(1) * * *
(2) * * *
(i) RACT determinations for CTG source categories for Aerospace
Coating and Industrial Adhesives (``National Emission Standards for
Hazardous Air Pollutants for Source Categories: Aerospace Manufacturing
and Rework'' (59 FR 29216), ``Control of Volatile Organic Compound
Emissions from Coating Operations at Aerospace Manufacturing and Rework
Operations'' (EPA-453/R-97-004), and ``Control Techniques Guidelines
for Miscellaneous Industrial Adhesives'' (EPA-453/R-08-005)), in the
submittal titled ``Analysis of Reasonably Available Control Technology
for the 2008 8-Hour Ozone National Ambient Air Quality Standard (NAAQS)
State Implementation Plan (RACT SIP),'' dated December 5, 2016, as
adopted on May 24, 2017 and submitted on June 22, 2017.
* * * * *
[FR Doc. 2023-02477 Filed 2-6-23; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on February 7, 2023.
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