Rule2024-28910
Air Quality Plans; Arizona; Maricopa County Air Quality Department; Source-Specific SIP Revision
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 16, 2024
Effective
January 15, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action on a source-specific revision to the Maricopa County Air Quality Department's (MCAQD or "Department") portion of the Arizona State Implementation Plan (SIP). This revision consists of certain permit conditions related to emissions offsets generated from the replacement of existing diesel-fueled solid waste collection trucks promulgated by the MCAQD and submitted by the State of Arizona for inclusion in the Maricopa County portion of the Arizona SIP under the Clean Air Act (CAA or "Act"). The permit conditions were submitted for SIP approval to ensure that they are federally enforceable, which is the basis for qualifying certain emissions reductions as creditable offsets under the CAA.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 241 (Monday, December 16, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 241 (Monday, December 16, 2024)]
[Rules and Regulations]
[Pages 101479-101481]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28910]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0199; FRL-12188-02-R9]
Air Quality Plans; Arizona; Maricopa County Air Quality
Department; Source-Specific SIP Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action on a source-specific revision to the Maricopa County Air Quality
Department's (MCAQD or ``Department'') portion of the Arizona State
Implementation Plan (SIP). This revision consists of certain permit
conditions related to emissions offsets generated from the replacement
of existing diesel-fueled solid waste collection trucks promulgated by
the MCAQD and submitted by the State of Arizona for inclusion in the
Maricopa County portion of the Arizona SIP under the Clean Air Act (CAA
or ``Act''). The permit conditions were submitted for SIP approval to
ensure that they are federally enforceable, which is the basis for
qualifying certain emissions reductions as creditable offsets under the
CAA.
DATES: This rule is effective on January 15, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR-2024-0199. 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. 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: Christa Leska, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105; by phone: (415) 972-3930; or by
email to <a href="/cdn-cgi/l/email-protection#a3cfc6d0c8c28dc0cbd1cad0d7c2e3c6d3c28dc4ccd5"><span class="__cf_email__" data-cfemail="6d01081e060c430e051f041e190c2d081d0c430a021b">[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
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On August 19, 2024, the EPA proposed approval of the source-
specific SIP revision to the Arizona SIP.\1\ The SIP revision consists
of adding portions of the following three operating permits: P0011602,
P0011603, P0011601. The submitted permit conditions ensure that
emission reduction credits granted to Waste Management for replacing
existing diesel-fired solid waste collection trucks with compressed
natural gas (CNG)-fired solid waste collection trucks meet the offset
integrity criteria contained in 40 CFR part 51.165(a)(3)(ii)(C)(1)(i),
which requires such emission reductions to be surplus, permanent,
quantifiable, and federally enforceable. Although the permit conditions
are federally enforceable pursuant to 40 CFR 52.23, approving these
permit conditions into the SIP ensures their permanence and preserves
their federal enforceability.
---------------------------------------------------------------------------
\1\ 89 FR 67012.
---------------------------------------------------------------------------
II. Public Comments
The EPA's proposed action provided a 30-day public comment period.
During this period, no comments were submitted on our proposal.
III. EPA Action
No comments were submitted on our proposal. Therefore, as
authorized in sections 110(k)(3) and 301(a) of the Act, the EPA is
finalizing approval of this revision to the Arizona SIP. This action
incorporates the submitted permit conditions into the Maricopa County
portion of the Arizona SIP, which provides the necessary federal
enforceability for these permit conditions.
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 the three
source-specific SIP revisions identified by permit numbers P0011601,
P0011602 and P0011603 issued to Waste Management, submitted on April 3,
2024. These source-specific SIP revisions incorporate specific
provisions from permits issued by the MCAQD to ensure certain emission
reductions are surplus, permanent, quantifiable, and federally
enforceable. The EPA has made, and will continue to make, these
materials available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> and in hard
copy at the EPA Region IX 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
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
[[Page 101480]]
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 E.O. 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.
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. Section 804, however, exempts from section 801 the
following types of rules: rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3).
Because this is a rule of particular applicability, the EPA is not
required to submit a rule report regarding this action under section
801.
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 14, 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, Nitrogen oxides, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: December 4, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated 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, paragraph (d), in the table titled, ``EPA-
Approved Source-Specific Requirements,'' under the heading ``Maricopa
County Air Quality Department,'' after the entry for ``W.R. Meadows of
Arizona, Inc., Goodyear, Arizona,'' by adding three entries to read as
follows:
Sec. 52.120 Identification of plan.
* * * * *
EPA-Approved Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
Effective
Name of source Order/permit No. date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Maricopa County Air Quality Department
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Deer Valley Transfer Station, P0011601, conditions 3/06/2024 12/16/2024, [INSERT Permit issued by the
Facility ID F000443. 37-46. FIRST PAGE OF Maricopa County Air
FEDERAL REGISTER Quality Department.
CITATION]. Submitted on August
3, 2022.
Revised copy
submitted on April
3, 2024, as an
attachment to a
letter dated March
29, 2024.
[[Page 101481]]
San Tan Transfer Station, P0011602, conditions 3/06/2024 12/16/2024, [INSERT Permit issued by the
Facility ID F001645. 37-46. FIRST PAGE OF Maricopa County Air
FEDERAL REGISTER Quality Department.
CITATION]. Submitted on August
3, 2022.
Revised copy
submitted on April
3, 2024, as an
attachment to a
letter dated March
29, 2024.
White Tanks Transfer Station, P0011603, conditions 3/06/2024 12/16/2024, [INSERT Permit issued by the
Facility ID F001646. 33-42. FIRST PAGE OF Maricopa County Air
FEDERAL REGISTER Quality Department.
CITATION]. Submitted on August
3, 2022.
Revised copy
submitted on April
3, 2024, as an
attachment to a
letter dated March
29, 2024.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-28910 Filed 12-13-24; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 16, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.