Rule2024-17711
Partial Approval and Partial Disapproval of Air Quality State Implementation Plans; Arizona; 2015 Ozone Infrastructure Requirements
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 4, 2024
Effective
October 4, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving in part and disapproving in part State implementation plan (SIP) revisions submitted by the State of Arizona pursuant to the Clean Air Act (CAA) for the implementation, maintenance, and enforcement of the 2015 ozone national ambient air quality standards (NAAQS or "standard"). In addition to our partial approval and partial disapproval of Arizona's SIP revision, the EPA is approving rules in the Arizona Revised Statutes and Pima County Code related to public availability of emissions reports into the Arizona SIP and reclassifying regions in Arizona with respect to emergency episode plans for ozone. Additionally, this final action includes an error correction to amend regulatory text related to the nonattainment designation of the Phoenix-Mesa, Arizona area for the 2015 ozone NAAQS.
Full Text
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<title>Federal Register, Volume 89 Issue 171 (Wednesday, September 4, 2024)</title>
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[Federal Register Volume 89, Number 171 (Wednesday, September 4, 2024)]
[Rules and Regulations]
[Pages 71830-71838]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17711]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R09-OAR-2022-0326; FRL-9693-02-R9]
Partial Approval and Partial Disapproval of Air Quality State
Implementation Plans; Arizona; 2015 Ozone Infrastructure Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving in part
and disapproving in part State implementation plan (SIP) revisions
submitted by the State of Arizona pursuant to the Clean Air Act (CAA)
for the implementation, maintenance, and enforcement of the 2015 ozone
national ambient air quality standards (NAAQS or ``standard''). In
addition to our partial approval and partial disapproval of Arizona's
SIP revision, the EPA is approving rules in the Arizona Revised
Statutes and Pima County Code related to public availability of
emissions reports into the Arizona SIP and reclassifying regions in
Arizona with respect to emergency episode plans for ozone.
Additionally, this final action includes an error correction to amend
regulatory text related to the nonattainment designation of the
Phoenix-Mesa, Arizona area for the 2015 ozone NAAQS.
DATES: This rule is effective October 4, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2022-0326. 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: Ben Leers, Planning and Analysis
Branch (AIR-2), Air and Radiation Division, EPA Region IX, 75 Hawthorne
Street, San Francisco, CA 94105, (415) 947-4279, or by email at
<a href="/cdn-cgi/l/email-protection#563a33332425783433381633263778313920"><span class="__cf_email__" data-cfemail="4529202037366b27202b052035246b222a33">[email protected]</span></a>.
[[Page 71831]]
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Background
A. Statutory Requirements
B. State Submittals
C. EPA's Proposal
II. Public Comments and EPA Responses
III. Final Action
A. Partial Approvals and Partial Disapprovals
B. Incorporation of Rules Into Arizona's State Implementation
Plan
C. Reclassification of Regions for Ozone Episode Plans
D. Error Correction to 40 CFR 81.303
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
A. Statutory Requirements
Section 110(a)(1) of the CAA requires each State to submit to the
EPA, within three years after the promulgation of a primary or
secondary NAAQS or any revision thereof, a SIP revision that provides
for the implementation, maintenance, and enforcement of such NAAQS.
Section 110(a)(2) of the CAA contains the infrastructure SIP
requirements that generally relate to the information, authorities,
compliance assurances, procedural requirements, and control measures
that constitute the ``infrastructure'' of a State's air quality
management program. These infrastructure SIP requirements (or
``elements'') required by section 110(a)(2) are as follows:
<bullet> Section 110(a)(2)(A): Emission limits and other control
measures.
<bullet> Section 110(a)(2)(B): Ambient air quality monitoring/data
system.
<bullet> Section 110(a)(2)(C): Program for enforcement of control
measures and regulation of new and modified stationary sources.
<bullet> Section 110(a)(2)(D)(i): Interstate pollution transport.
<bullet> Section 110(a)(2)(D)(ii): Interstate and international
pollution abatement.
<bullet> Section 110(a)(2)(E): Adequate resources and authority,
conflict of interest, and oversight of local and regional government
agencies.
<bullet> Section 110(a)(2)(F): Stationary source monitoring and
reporting.
<bullet> Section 110(a)(2)(G): Emergency episodes.
<bullet> Section 110(a)(2)(H): SIP revisions.
<bullet> Section 110(a)(2)(J): Consultation with government
officials, public notification, prevention of significant deterioration
(PSD), and visibility protection.
<bullet> Section 110(a)(2)(K): Air quality modeling and submittal
of modeling data.
<bullet> Section 110(a)(2)(L): Permitting fees.
<bullet> Section 110(a)(2)(M): Consultation/participation by
affected local entities.
Two elements identified in section 110(a)(2) are not governed by
the three-year submittal deadline of section 110(a)(1) and are
therefore not addressed in this action. These two elements are: (i)
section 110(a)(2)(C), to the extent that it refers to permit programs
required under part D (nonattainment new source review (NSR)), and (ii)
section 110(a)(2)(I), pertaining to the nonattainment planning
requirements of part D. As a result, this action does not address
requirements for the nonattainment NSR portion of section 110(a)(2)(C)
or the whole of section 110(a)(2)(I).
This action also does not address the interstate transport
requirements under section 110(a)(2)(D)(i)(I), referred to as ``prongs
1 and 2'' of section 110(a)(2)(D)(i), or the requirements of section
110(a)(2)(D)(i)(II) pertaining to interference with visibility
protection in other States, referred to as ``prong 4'' of section
110(a)(2)(D)(i). The EPA has proposed action on Arizona's SIP with
respect to prongs 1, 2 and 4 of section 110(a)(2)(D)(i) for the 2015
ozone NAAQS in separate rulemakings.\1\
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\1\ The EPA proposed to approve Arizona's SIP with respect to
prongs 1 and 2 of section 110(a)(2)(D)(i) on June 24, 2022 (87 FR
37776). However, based on updated photochemical modeling, the EPA
issued a supplemental proposal on February 16, 2024, proposing to
approve Arizona's SIP with respect to prong 1 and to disapprove
Arizona's SIP with respect to prong 2 (89 FR 12666). The EPA
proposed to disapprove Arizona's SIP with respect to prong 4 of
section 110(a)(2)(D)(i) on May 31, 2024 (89 FR 47398).
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B. State Submittals
The Arizona Department of Environmental Quality (ADEQ) submitted
two SIP revisions to address the infrastructure SIP requirements in CAA
sections 110(a)(1) and 110(a)(2) for the 2015 ozone NAAQS. On September
24, 2018, ADEQ submitted the ``Arizona State Implementation Plan
Revision under Clean Air Act Sections 110(a)(1) and 110(a)(2) for the
2015 Ozone National Ambient Air Quality Standards.'' \2\ On February
10, 2022, ADEQ submitted the ``State Implementation Plan Revision:
Clean Air Act Section 110(a)(2) for the 2012 Fine Particulate & 2015
Ozone NAAQS'' (``2022 I-SIP supplement'').\3\ These submittals
collectively address Arizona's obligation to satisfy infrastructure SIP
requirements for the 2015 ozone NAAQS.\4\ We refer to them collectively
herein as ``Arizona's ozone I-SIP submittals.''
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\2\ Letter dated September 24, 2018, from Timothy S. Franquist,
Director, Air Quality Division, ADEQ, to Michael Stoker, Regional
Administrator, EPA Region IX, Subject: ``Submittal of the Arizona
State Implementation Plan Revision under Clean Air Act Sections
110(a)(1) and 110(a)(2) for the 2015 Ozone NAAQS.''
\3\ Letter dated February 10, 2022, from Daniel Czecholinski,
Director, Air Quality Division, ADEQ, to Martha Guzman, Regional
Administrator, EPA Region IX, Subject: ``Submittal of the Arizona
State Implementation Plan Revision under Clean Air Act Sections
110(a)(2) for the 2012 Fine Particulate and the 2015 Ozone NAAQS.''
\4\ The 2022 I-SIP supplement also addresses certain
infrastructure SIP requirements for the 2012 fine particulate matter
(PM<INF>2.5</INF>) NAAQS. We are not taking action on the portions
of the 2022 I-SIP supplement addressing the 2012 PM<INF>2.5</INF>
NAAQS in this rulemaking.
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C. EPA's Proposal
1. Approvals and Partial Approvals
We evaluated Arizona's ozone I-SIP submittals and the existing
provisions of the Arizona SIP for compliance with the infrastructure
SIP requirements of CAA section 110(a)(2) and the applicable
regulations in 40 CFR part 51 (``Requirements for Preparation,
Adoption, and Submittal of State Implementation Plans''). Based on the
evaluation presented in the proposed rulemaking and in the accompanying
technical support document (TSD), on December 5, 2022, we proposed to
partially approve Arizona's ozone I-SIP submittals with respect to the
2015 ozone NAAQS for the requirements of the following sections of the
CAA.\5\ Partial approvals are indicated by the parenthetical ``(in
part).''
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\5\ 87 FR 74349 (December 5, 2022). The TSD supporting our
proposed rulemaking is available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
under Docket ID EPA-R09-OAR-2022-0326.
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<bullet> Section 110(a)(2)(A)--Emission limits and other control
measures.
<bullet> Section 110(a)(2)(B)--Ambient air quality monitoring/data
system.
<bullet> Section 110(a)(2)(C)--Program for enforcement of control
measures and regulation of new stationary sources (in part).
<bullet> Section 110(a)(2)(D)(i)(II)--Interference with
maintenance, or ``prong 3'' (in part).
<bullet> Section 110(a)(2)(D)(ii)--Interstate pollution abatement,
CAA section 126 (in part).
<bullet> Section 110(a)(2)(D)(ii)--International pollution
abatement, CAA section 115.
<bullet> Section 110(a)(2)(E)--Adequate resources and authority,
conflict of interest, and oversight of local governments and regional
agencies.
<bullet> Section 110(a)(2)(F)--Stationary source monitoring and
reporting.
<bullet> Section 110(a)(2)(G)--Emergency episodes.
<bullet> Section 110(a)(2)(H)--Consultation with government
officials.
[[Page 71832]]
<bullet> Section 110(a)(2)(J)--Consultation with government
officials, public notification, PSD, and visibility protection (in
part).
<bullet> Section 110(a)(2)(K)--Air quality modeling and submission
of modeling data.
<bullet> Section 110(a)(2)(L)--Permitting fees.
<bullet> Section 110(a)(2)(M)--Consultation/participation by
affected local entities.
2. Partial Disapprovals
Based on the evaluation presented in the proposed rulemaking and
accompanying TSD,\6\ the EPA proposed to partially disapprove Arizona's
ozone I-SIP submittals with respect to the 2015 ozone NAAQS for the
following CAA requirements:
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\6\ 87 FR 74349.
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<bullet> Section 110(a)(2)(C)--Program for enforcement of control
measures and regulation of new stationary sources (in part).
<bullet> Section 110(a)(2)(D)(i)(II)--Interference with
maintenance, or ``prong 3'' (in part).
<bullet> Section 110(a)(2)(D)(ii)--Interstate pollution abatement,
CAA section 126 (in part).\7\
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\7\ In our proposed rulemaking, we inadvertently omitted ``(in
part)'' from the proposed partial disapproval of section
110(a)(2)(D)(ii) and are correcting it in this rulemaking. The
analysis in the TSD and the proposed partial approval of section
110(a)(2)(D)(ii) support our intention to partially disapprove
section 110(a)(2)(D)(ii).
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<bullet> Section 110(a)(2)(J)--PSD and visibility protection (in
part).
The EPA proposed to partially disapprove Arizona's ozone I-SIP
submittals with respect to the 2015 ozone NAAQS for these CAA
requirements due to deficiencies with PSD permitting of greenhouse
gases in all permitting jurisdictions in Arizona and with PSD
permitting of all NSR-regulated pollutants in Pima County.
3. Incorporation of Rules Into Arizona's State Implementation Plan
The 2022 I-SIP supplement includes the submittal of the following
two rules for incorporation into the Arizona SIP to meet the
requirements of CAA section 110(a)(2)(F) for the 2015 ozone NAAQS:
Arizona Revised Statute (ARS) 49-432(C) and Pima County Code (PCC)
17.24.010. We reviewed ARS 49-432(C) and PCC 17.24.010 and found that
they sufficiently provide for the public availability of stationary
source emissions reports consistent with the requirements of CAA
section 110(a)(2)(F). We therefore proposed to approve ARS 49-432(C)
and PCC 17.24.010 into the Arizona SIP.
4. Reclassification of Regions for Ozone Episode Plans
Priority thresholds for classification of air quality control
regions (AQCRs) are established at 40 CFR 51.150, and the
classifications of AQCRs in Arizona are listed at 40 CFR 52.121. Under
40 CFR 51.151 and 51.152, regions classified Priority I, IA, or II are
required to have SIP-approved emergency episode contingency plans,
while those classified Priority III are not required to have plans.
Under 40 CFR 51.153, based upon the most recent three years of complete
air quality data at the time of proposal (i.e., 2019-2021), the EPA
proposed to reclassify the Central Arizona Intrastate AQCR from
Priority III to Priority I for ozone, to retain the classification of
the Maricopa Intrastate AQCR as Priority I for ozone, and to reclassify
the Pima Intrastate AQCR from Priority I to Priority III for ozone.\8\
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\8\ 87 FR 74349.
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II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period
that ended on January 4, 2023. During this period, the EPA received one
anonymous comment. The full text of the comment is available in the
docket for this rulemaking. The EPA reviewed the comment and determined
that it is not germane to our proposed action. Therefore, we do not
provide a specific response to the comment in this document.
III. Final Action
A. Partial Approvals and Partial Disapprovals
Under CAA section 110(a), we are taking final action to partially
approve and partially disapprove Arizona's ozone I-SIP submittals for
the 2015 ozone NAAQS. Specifically, we are approving the submittal for
the requirements of the following CAA sections, including partial
approval for elements where noted:
<bullet> Section 110(a)(2)(A)--Emission limits and other control
measures.
<bullet> Section 110(a)(2)(B)--Ambient air quality monitoring/data
system.
<bullet> Section 110(a)(2)(C)--Program for enforcement of control
measures and regulation of new stationary sources (in part).
<bullet> Section 110(a)(2)(D)(i)(II)--Interference with
maintenance, or ``prong 3'' (in part).
<bullet> Section 110(a)(2)(D)(ii)--Interstate pollution abatement,
CAA section 126 (in part).
<bullet> Section 110(a)(2)(D)(ii)--International pollution
abatement, CAA section 115.
<bullet> Section 110(a)(2)(E)--Adequate resources and authority,
conflict of interest, and oversight of local governments and regional
agencies.
<bullet> Section 110(a)(2)(F)--Stationary source monitoring and
reporting.
<bullet> Section 110(a)(2)(G)--Emergency episodes.
<bullet> Section 110(a)(2)(H)--Consultation with government
officials.
<bullet> Section 110(a)(2)(J)--Consultation with government
officials, public notification, PSD, and visibility protection (in
part).
<bullet> Section 110(a)(2)(K)--Air quality modeling and submission
of modeling data.
<bullet> Section 110(a)(2)(L)--Permitting fees.
<bullet> Section 110(a)(2)(M)--Consultation/participation by
affected local entities.
We are taking final action to partially disapprove Arizona's ozone
I-SIP submittals with respect to the 2015 ozone NAAQS for the following
Clean Air Act requirements:
<bullet> Section 110(a)(2)(C)--Program for enforcement of control
measures and regulation of new stationary sources (in part).
<bullet> Section 110(a)(2)(D)(i)(II)--Interference with
maintenance, or ``prong 3'' (in part).
<bullet> Section 110(a)(2)(D)(ii)--Interstate pollution abatement,
CAA section 126 (in part).
<bullet> Section 110(a)(2)(J)--PSD and visibility protection (in
part).
Although the Arizona SIP remains deficient with respect to PSD
permitting for certain pollutants in certain areas of Arizona as
described, these deficiencies are adequately addressed in both areas by
existing federal implementation plans. These partial disapprovals of
Arizona's SIP do not create any new consequences for Arizona, the
relevant county agencies, or the EPA, as Arizona and the county
agencies already implement the EPA's federal PSD program at 40 CFR
52.21, pursuant to delegation agreements, for all regulated NSR
pollutants. They also do not create any new offset or highway sanction;
such sanctions are not triggered by disapprovals of infrastructure
SIPs.
B. Incorporation of Rules Into Arizona's State Implementation Plan
For the reasons described in our proposed rulemaking, we found that
ARS 49-432(C) and PCC 17.24.010 sufficiently provide for the public
availability of stationary source emissions reports consistent with the
[[Page 71833]]
requirements of CAA section 110(a)(2)(F). We are therefore taking final
action to approve ARS 49-432(C) and PCC 17.24.010 into the Arizona
SIP.\9\
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\9\ PCC 17.24.010 replaces Rule 631 in the 1979-1993 Rule
Codification of the Pima County Code, which was previously approved
into the Arizona SIP. Thus, PCC 17.24.010 will replace Rule 631
under 40 CFR 52.120, Identification of Plan.
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C. Reclassification of Regions for Ozone Episode Plans
For the reasons described in our proposed rulemaking, we are taking
final action to reclassify the Central Arizona Intrastate AQCR from
Priority III to Priority I for ozone. We are also taking final action
to reclassify the Pima Intrastate AQCR from Priority I to Priority III
for ozone. We are retaining the classification of the Maricopa
Intrastate AQCR as Priority I for ozone.
Plans for areas classified as Priority I, IA, or II regions for a
specific pollutant are required to include an emergency contingency
plan meeting the requirements of 40 CFR 51.151 and 51.152 for that
pollutant. The Central Arizona Intrastate AQCR includes Gila and Pinal
counties. Emergency episode procedures in Gila County are governed by
Arizona Administrative Code R18-2-220. Emergency episode procedures in
Pinal County are governed by Pinal County Air Quality Control District
Code of Regulations Chapter 2, Article 7. The emergency episode
provisions in each of these regulations comply with the requirements of
40 CFR 51.151 and 51.152 pertaining to Priority I areas. Therefore, the
reclassification of areas of Arizona from Priority III to Priority I
for ozone will not generate new requirements for Arizona, and our
reclassification of the Central Arizona Intrastate AQCR for ozone does
not affect our approval of the Arizona SIP with respect to CAA section
110(a)(2)(G).
D. Error Correction to 40 CFR 81.303
On October 7, 2022, the EPA issued a final rule titled
``Determinations of Attainment by the Attainment Date, Extensions of
the Attainment Date, and Reclassification of Areas Classified as
Marginal for the 2015 Ozone National Ambient Air Quality Standards''
that included a final action to reclassify the Phoenix-Mesa
nonattainment area in Arizona from ``Marginal'' to ``Moderate''
nonattainment for the 2015 ozone NAAQS.\10\ In the portion of 40 CFR
81.303 amended by the EPA's final rule, the EPA erroneously listed
``Mariposa'' County in place of ``Maricopa'' County among the partial
counties composing the Phoenix-Mesa nonattainment area. The EPA is
taking action to correct this error by replacing ``Mariposa'' with
``Maricopa'' in the Phoenix-Mesa nonattainment area description under
the 2015 ozone NAAQS.
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\10\ 87 FR 60897 (October 7, 2022).
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In addition, we are taking action to correct a typographical error
in the entry for the designated area of Maricopa County. The entry is
currently contained in two cells, and we are condensing it into one
cell.
The EPA has determined that this action falls under the ``good
cause'' exemption in section 553(b)(4)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation where public notice and
comment procedures are impracticable, unnecessary, or contrary to the
public interest. Public notice and comment for this action are
unnecessary because the underlying rule for which this correcting
amendment has been prepared was already subject to a 30-day comment
period, and this action merely corrects errors in the rule text.
Further, this action is consistent with the purpose and rationale of
the final rule, which is corrected herein. Because this action does not
change the EPA's analyses or overall actions, no purpose would be
served by additional public notice and comment. Consequently,
additional public notice and comment are unnecessary.
IV. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. EPA is finalizing the removal of Pima
County Air Pollution Control Regulation Rule 631, Confidentiality of
Trade Secrets, Sales Data, and Proprietary Information, from the
Arizona SIP, which is incorporated by reference in accordance with the
requirements of 1 CFR part 51. EPA has made and will continue to make
the State Implementation Plan generally available at the EPA Region 9
Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review, Executive
Order 13563: Improving Regulation and Regulatory Review, and Executive
Order 14094: Modernizing Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by State law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by State law.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by State law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, will
result from this action.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the National Government and the States, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because 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 and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.
[[Page 71834]]
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not impose additional
requirements beyond those imposed by State law.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
ADEQ did not evaluate environmental justice considerations as part
of its SIP submittals; the CAA and applicable implementing regulations
neither prohibit nor require such an evaluation. The EPA did not
perform an EJ analysis and did not consider EJ in this action. Due to
the nature of the action as described in our proposed rulemaking, this
action is expected to have a neutral to positive impact on the air
quality of the affected area. Consideration of EJ is not required as
part of this action, and there is no information in the record
inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
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).
K. Congressional Review Act (CRA)
This action 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. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
L. 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 November 4, 2024. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
40 CFR Part 81
Environmental Protection, Air pollution control.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 5, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the EPA amends 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 by:
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a. Removing in paragraph (c) table 7 under the heading ``Chapter VI:
Recordkeeping and Reporting'' the entry for ``Rule 631;''
0
b. In paragraph (e) table 1 under the heading ``Clean Air Act section
110(a)(2) State Implementation Plan Elements (Excluding Part D Elements
and Plans),'':
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i. Adding entries for ``Arizona State Implementation Plan Revision
under Clean Air Act Section 110(a)(1) and 110(a)(2) for the 2015 Ozone
National Ambient Air Quality Standards (dated September 24, 2018)'' and
``State Implementation Plan Revision: Clean Air Act Section 110(a)(2)
for the 2012 Fine Particulate & 2015 Ozone NAAQS (dated February
2022)'' before the entry for ``Ordinance No. 1993-128, Section 1,
17.040.190 ``Composition'' Section 6, 17.24.040 ``Reporting for
compliance evaluations'';''
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ii. Adding an entry for ``Ordinance No. 1993-128, Section 6, 17.24.010
``Confidentiality of trade secrets, sales data, and proprietary
information'','' before the entry for ``Ordinance 2005-43, Chapter
17.12, Permits and Permit Revisions, section 2, 17.12.040 ``Reporting
Requirements'';'' and
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c. Adding in paragraph (e), table 3 under the heading ``Article 2
(State Air Pollution Control),'' an entry for ``49-432(C)'' before the
entry for ``49-433.''
The additions read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(e) * * *
[[Page 71835]]
Table 1--EPA-Approved Non-Regulatory and Quasi-Regulatory Measures
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Applicable geographic or
Name of SIP provision nonattainment area or title/ State/submittal date EPA approval date Explanation
subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Arizona State Implementation Plan State-wide................. September 24, 2018................... September 4, 2024, Adopted by the Arizona
Revision under Clean Air Act [INSERT FEDERAL Department of
Section 110(a)(1) and 110(a)(2) for REGISTER CITATION]. Environmental Quality
the 2015 Ozone National Ambient Air on September 24,
Quality Standards (dated September 2018. EPA fully
24, 2018). approved all elements
of the submittal
except those
addressing CAA
sections
110(a)(2)(C),
110(a)(2)(D), and
110(a)(2)(J).
State Implementation Plan Revision: State-wide................. February 10, 2022.................... September 4, 2024, Adopted by the Arizona
Clean Air Act Section 110(a)(2) for [INSERT FEDERAL Department of
the 2012 Fine Particulate & 2015 REGISTER CITATION]. Environmental Quality
Ozone NAAQS (dated February 2022). on February 10, 2022.
EPA approved all
elements of the
submittal except
those addressing
requirements for the
2012 PM2.5 NAAQS.
* * * * * * *
Ordinance No. 1993-128, Section 6, Pima County................ February 10, 2022.................... September 4, 2024, Adopted by the Board
17.24.010 ``Confidentiality of [INSERT FEDERAL of Supervisors of
trade secrets, sales data, and REGISTER CITATION]. Pima County, Arizona
proprietary information''. on September 28,
1993.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and Plans), Part
D Elements and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson
Areas.
* * * * *
Table 3--EPA-Approved Arizona Statutes--Non-Regulatory
----------------------------------------------------------------------------------------------------------------
State citation Title/subject State/submittal date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
49-432(C)................ Classification and February 10, 2022... September 4, 2024, Arizona Revised
reporting; [INSERT FEDERAL Statutes. Adopted
confidentiality of REGISTER CITATION]. by the Arizona
records. Department of
Environmental
Quality on
February 10, 2022.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
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3. Amend Sec. 52.121 by revising the entries in the table for ``Pima
Intrastate (Pima)'' and ``Central Arizona Intrastate (Gila, Pinal)'' to
read as follows:
Sec. 52.121 Classification of Regions.
The Arizona plan is evaluated on the basis of the following
classifications:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Classifications
AQCR (constituent counties) ---------------------------------------------------------------------------------------------------------------------
PM SOX NO2 CO O3
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Pima Intrastate (Pima)............ I III III III III
* * * * * * *
Central Arizona Intrastate (Gila, I IA III III I
Pinal).
* * * * * * *
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[[Page 71836]]
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4. Amend Sec. 52.123 by reserving paragraph (s) and adding paragraph
(t) to read as follows:
Sec. 52.123 Approval status.
* * * * *
(s) [Reserved].
(t) 2015 8-hour ozone NAAQS: The SIPs submitted on September 24,
2018, and February 10, 2022, are fully or partially disapproved for CAA
elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for all portions of
the Arizona SIP.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
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5. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Section 107 Attainment Status Designations
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6. Amend Sec. 81.303, the table entitled ``Arizona--2015 8-Hour Ozone
NAAQS'' by revising the entry for ``Phoenix-Mesa, AZ'' to read as
follows:
Sec. 81.303 Arizona.
* * * * *
Arizona--2015 8-Hour Ozone NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area 1 ---------------------------------------------------------------------------------
Date 2 Type Date 2 Type
----------------------------------------------------------------------------------------------------------------
Phoenix-Mesa, AZ.............. Nonattainment....... 11/7/22.......... Moderate.
Gila County (part):
T2N, R12E (except that
portion in Maricopa
County); T3N, R12E
(except that portion
in Maricopa County);
T4N, R12E (sections
25 through 29 (except
those portions in
Maricopa County) and
33 through 36 (except
those portions in
Maricopa County))
Maricopa County (part):
[[Page 71837]]
T1N, R1E (except that
portion in Indian
Country); T1N, R2E;
T1N, R3E; T1N, R4E
(except that portion
in Indian Country);
T1N, R5E (except that
portion in Indian
Country); T1N, R6E;
T1N, R7E; T1N, R1W;
T1N, R2W; T1N, R3W;
T1N, R4W; T1N, R5W;
T1N, R6W; T1N, R7W;
T1N, R8W; T2N, R1E;
T2N, R2E; T2N, R3E;
T2N, R4E; T2N, R6E
(except that portion
in Indian Country);
T2N, R7E (except that
portion in Indian
Country); T2N, R8E;
T2N, R9E; T2N, R10E;
T2N, R11E; T2N, R12E
(except that portion
in Gila County); T2N,
R13E (except that
portion in Gila
County); T2N, R1W;
T2N, R2W; T2N, R3W;
T2N, R4W; T2N, R5W;
T2N, R6W; T2N, R7W;
T2N, R8W; T3N, R1E;
T3N, R2E; T3N, R3E;
T3N, R4E; T3N, R5E
(except that portion
in Indian Country);
T3N, R6E (except that
portion in Indian
Country); T3N, R7E
(except that portion
in Indian Country);
T3N, R8E; T3N, R9E;
T3N, R10E (except
that portion in Gila
County); T3N, R11E
(except that portion
in Gila County); T3N,
R12E (except that
portion in Gila
County); T3N, R1W;
T3N, R2W T3N, R3W;
T3N, R4W; T3N, R5W;
T3N, R6W; T4N, R1E;
T4N, R2E; T4N, R3E;
T4N, R4E; T4N, R5E;
T4N, R6E (except that
portion in Indian
Country); T4N, R7E
(except that portion
in Indian Country);
T4N, R8E T4N, R9E;
T4N, R10E (except
that portion in Gila
County); T4N, R11E
(except that portion
in Gila County); T4N,
R12E (except that
portion in Gila
County); T4N, R1W;
T4N, R2W; T4N, R3W;
T4N, R4W; T4N, R5W;
T4N, R6W; T5N, R1E;
T5N, R2E; T5N, R3E;
T5N, R4E; T5N, R5E;
T5N, R6E; T5N, R7E;
T5N, R8E; T5N, R9E
(except that portion
in Gila County); T5N,
R10E (except that
portion in Gila
County); T5N, R1W;
T5N, R2W; T5N, R3W;
T5N, R4W; T5N, R5W;
T6N, R1E (except that
portion in Yavapai
County); T6N, R2E;
T6N, R3E; T6N, R4E;
T6N, R5E; T6N, R6E;
T6N, R7E; T6N, R8E;
T6N, R9E (except that
portion in Gila
County); T6N, R10E
(except that portion
in Gila County); T6N,
R1W (except that
portion in Yavapai
County); T6N, R2W;
T6N, R3W; T6N, R4W;
T6N, R5W; T7N, R1E
(except that portion
in Yavapai County);
T7N, R2E (except that
portion in Yavapai
County); T7N, R3E;
T7N, R4E; T7N, R5E;
T7N, R6E; T7N, R7E;
T7N, R8E; T7N, R9E
(except that portion
in Gila County); T7N,
R1W (except that
portion in Yavapai
County); T7N, R2W
(except that portion
in Yavapai County);
T8N, R2E (except that
portion in Yavapai
County); T8N, R3E
(except that portion
in Yavapai County);
T8N, R4E (except that
portion in Yavapai
County); T8N, R5E
(except that portion
in Yavapai County);
T8N, R6E (except that
portion in Yavapai
County); T8N, R7E
(except that portion
in Yavapai County);
T8N, R8E (except that
portion in Yavapai
and Gila Counties);
T8N, R9E (except that
portion in Yavapai
and Gila Counties);
T1S, R1E (except that
portion in Indian
Country); T1S, R2E
(except that portion
in Pinal County and
in Indian Country);
T1S, R3E; T1S, R4E;
T1S, R5E; T1S, R6E;
T1S, R7E; T1S, R1W;
T1S, R2W; T1S, R3W;
T1S, R4W; T1S, R5W;
T1S, R6W; T2S, R1E
(except that portion
in Indian Country);
T2S, R5E; T2S, R6E;
T2S, R7E; T2S, R1W;
T2S, R2W; T2S, R3W;
T2S, R4W; T2S, R5W;
T3S, R1E; T3S, R1W;
T3S, R2W; T3S, R3W;
T3S, R4W; T3S, R5W;
T4S, R1E; T4S, R1W;
T4S, R2W; T4S, R3W;
T4S, R4W; T4S, R5W;
T5S, R4W (sections 1
through 22 and 27
through 34).
Pinal County (part):
T1N, R8E; T1N, R9E;
T1N, R10E; T1S, R8E;
T1S, R9E; T1S, R10E;
T2S, R8E (sections 1
through 10, 15
through 22, and 27
through 34); T2S, R9E
(sections 1 through
6); T2S, R10E
(sections 1 through
6); T3S, R7E
(sections 1 through
6, 11 through 14, 23
through 26, and 35
through 36); T3S, R8E
(sections 3 through
10, 15 through 22,
and 27 through 34).
Fort McDowell Yavapai
Nation.
Gila River Indian
Community of the Gila
River Indian Reservation,
Arizona.
Includes only non-
contiguous areas of
Indian country known
as ``parcels M &
N''.\3\
Tohono O'odham Nation of
Arizona.
Salt River Pima-Maricopa
Indian Community of the
Salt River Reservation.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
boundaries of any area of Indian country in this table, including any area of Indian country located in the
larger designation area. The inclusion of any Indian country in the designation area is not a determination
that the State has regulatory authority under the Clean Air Act for such Indian country.
[[Page 71838]]
\2\ This date is August 3, 2018, unless otherwise noted.
\3\ See section 3.0 of the EPA's technical support document for Arizona, titled ``Arizona Final Area
Designations for the 2015 Ozone National Ambient Air Quality Standards Technical Support Document (TSD),'' for
more information and a map showing the locations of ``parcels M & N'' (available in Docket ID: EPA-HQ-OAR-2017-
0548).
[FR Doc. 2024-17711 Filed 9-3-24; 8:45 am]
BILLING CODE 6560-50-P
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