Rule2024-28537
Air Plan Revisions; Arizona; Maricopa County Air Quality Department
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 9, 2024
Effective
January 8, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Maricopa County Air Quality Department (MCAQD or "County") portion of the Arizona State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOC) from storage, transfer, or loading of organic liquids and gasoline. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act). We are also approving the MCAQD's reasonably available control technology (RACT) demonstration associated with these rules for the 2008 8-hour ozone national ambient air quality standards (NAAQS) in the Phoenix-Mesa ozone nonattainment area.
Full Text
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<title>Federal Register, Volume 89 Issue 236 (Monday, December 9, 2024)</title>
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[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Rules and Regulations]
[Pages 97543-97545]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28537]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0603; FRL-11596-02-R9]
Air Plan Revisions; Arizona; Maricopa County Air Quality
Department
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Maricopa County Air Quality
Department (MCAQD or ``County'') portion of the Arizona State
Implementation Plan (SIP). These revisions concern emissions of
volatile organic compounds (VOC) from storage, transfer, or loading of
organic liquids and gasoline. We are approving local rules that
regulate these emission sources under the Clean Air Act (CAA or the
Act). We are also approving the MCAQD's reasonably available control
technology (RACT) demonstration associated with these rules for the
2008 8-hour ozone national ambient air quality standards (NAAQS) in the
Phoenix-Mesa ozone nonattainment area.
DATES: This rule is effective January 8, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2023-0603. 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 a
disability 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: Kira Wiesinger, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105; phone: (415) 972-3827; email:
<a href="/cdn-cgi/l/email-protection#3e49575b4d5750595b4c1055574c5f7e5b4e5f10595148"><span class="__cf_email__" data-cfemail="1c6b75796f75727b796e3277756e7d5c796c7d327b736a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On August 19, 2024 (89 FR 67014), the EPA proposed to approve the
following rules into the Arizona SIP.
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Local agency Rule No. Rule title Revised Submitted
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MCAQD................................ 350 Storage and Transfer of Organic 11/18/2020 12/03/2020
Liquids (Non-Gasoline) at an
Organic Liquid Distribution (OLD)
Facility.
MCAQD................................ 351 Storage and Loading of Gasoline at 11/18/2020 12/03/2020
Bulk Gasoline Plants and at Bulk
Gasoline Terminals.
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We proposed to approve these rules because we determined that they
comply with the relevant CAA requirements. We also proposed to approve
the MCAQD's RACT demonstration associated with these rules for the 2008
8-hour ozone NAAQS. Additionally, we proposed that the revised rules
corrected the deficiencies identified in our previous conditional
approval (85 FR 10986, February 26, 2020). Our proposed action contains
more information on the rules and our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. EPA Action
No comments were submitted. Therefore, as authorized in section
110(k)(3) of the Act, the EPA is approving MCAQD Rule 350 and Rule 351
into the Arizona SIP. The November 18, 2020 version of Rule 350 and
Rule 351 will replace the conditionally approved version of these rules
in the SIP. This action signifies that the State of Arizona has
fulfilled its commitment
[[Page 97544]]
under the terms of the February 26, 2020 conditional approval (85 FR
10986) to submit revised versions of these rules, and the EPA is now
removing the conditional approval text associated with these rules and
CTG categories from 40 CFR 52.119(c)(1). The EPA is also approving
MCAQD's RACT demonstration associated with these rules for the 2008 8-
hour ozone NAAQS in the Phoenix-Mesa ozone nonattainment area.
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 MCAQD
Rule 350, ``Storage and Transfer of Organic Liquids (Non-Gasoline) at
an Organic Liquid Distribution (OLD) Facility,'' revised on November
18, 2020, which regulates VOC emissions from organic liquid storage and
transfer operations at organic liquid distribution facilities. The EPA
is also finalizing the incorporation by reference of MCAQD Rule 351,
``Storage and Loading of Gasoline at Bulk Gasoline Plants and at Bulk
Gasoline Terminals,'' revised on November 18, 2020, which regulates VOC
emissions from gasoline storage and loading activities at bulk gasoline
plants and terminals. 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.\1\ The EPA has made, and
will continue to make, these documents available through <a href="https://www.regulations.gov">https://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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\1\ 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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<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.
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).
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 communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
Executive Order 14096 (Revitalizing Our Nation's Commitment to
Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on
and supplements Executive Order 12898 and defines EJ as, among other
things, ``the just treatment and meaningful involvement of all people,
regardless of income, race, color, national origin, Tribal affiliation,
or disability, in agency decision-making and other Federal activities
that affect human health and the environment.''
The State did not evaluate EJ considerations as part of its SIP
submittal; 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. 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 Executive Orders 12898 and
14096 of achieving EJ for communities with EJ concerns.
This action is subject to the Congressional Review Act, 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).
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 7, 2025. 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, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: December 2, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the EPA 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
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2. In Sec. 52.119:
[[Page 97545]]
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a. Remove and reserve paragraphs (c)(1)(i) and (c)(1)(ii); and
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b. Revise paragraph (c)(1)(v).
The revisions read as follows:
Sec. 52.119 Identification of plan--conditional approvals.
* * * * *
(c) * * *
(1) * * *
(v) The RACT demonstration titled ``Analysis of Reasonably
Available Control Technology for the 2008 8-Hour Ozone National Ambient
Air Quality Standard (NAAQS) State Implementation Plan (RACT SIP),''
only those portions of the document beginning with ``Gasoline Tank
Trucks And Vapor Collection System Leaks'' on page 34 through the first
full paragraph on page 35, and Appendix C: CTG RACT Spreadsheet, the
rows beginning with ``Gasoline Tank Trucks and Vapor Collection System
Leaks'' on page 65, through ``Service Stations--Stage I'' on pages 67-
69. This demonstration represents the RACT requirement for the
following source categories: Control of Volatile Organic Compound Leaks
from Gasoline Tank Trucks and Vapor Collection Systems (EPA-450/2-78-
051); and Design Criteria for Stage I Vapor Control Systems--Gasoline
Service Stations (EPA-450/R-75-102).
* * * * *
0
3. In Sec. 52.120, paragraph (c), Table 4, revise the entries for
``Rule 350'' and ``Rule 351'' to read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
Table 4 to Paragraph (c)--EPA-Approved Maricopa County Air Pollution Control Regulations
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Additional
County citation Title/subject State effective date EPA approval date explanation
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* * * * * * *
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Post-July 1998 Rule Codification
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Regulation III--Control of Air Contaminants
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* * * * * * *
Rule 350.................. Storage and November 18, 2020.......... December 9, 2024, Submitted
Transfer of [INSERT FIRST electronically
Organic Liquids PAGE OF FEDERAL on December 3,
(Non-Gasoline) REGISTER 2020, as an
at an Organic CITATION]. attachment to a
Liquid letter dated
Distribution November 24,
(OLD) Facility. 2020.
Rule 351.................. Storage and November 18, 2020.......... December 9, 2024, Submitted
Loading of [INSERT FIRST electronically
Gasoline at Bulk PAGE OF FEDERAL on December 3,
Gasoline Plants REGISTER 2020, as an
and at Bulk CITATION]. attachment to a
Gasoline letter dated
Terminals. November 24,
2020.
* * * * * * *
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[FR Doc. 2024-28537 Filed 12-6-24; 8:45 am]
BILLING CODE 6560-50-P
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