Rule2024-31028
Air Plan Revisions; Arizona; Maricopa County Air Quality Department
Primary source
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Published
January 10, 2025
Effective
February 10, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing a limited approval and limited disapproval of 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 (VOCs) from loading of organic liquids and gasoline. Under the authority of the Clean Air Act (CAA or "Act"), this action simultaneously approves local rules that regulate these emission sources and directs Arizona to correct rule deficiencies. We are also finalizing a disapproval of MCAQD's reasonably available control technology (RACT) demonstration for the source categories associated with these rules for the 2008 8-hour ozone national ambient air quality standard (NAAQS) in the Phoenix-Mesa ozone nonattainment area.
Full Text
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<title>Federal Register, Volume 90 Issue 6 (Friday, January 10, 2025)</title>
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[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Rules and Regulations]
[Pages 1903-1907]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31028]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0349; FRL-12130-02-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 finalizing a
limited approval and limited disapproval of 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 (VOCs) from loading of organic
liquids and gasoline. Under the authority of the Clean Air Act (CAA or
``Act''), this action simultaneously approves local rules that regulate
these emission sources and directs Arizona to correct rule
deficiencies. We are also finalizing a disapproval of MCAQD's
reasonably available control technology (RACT) demonstration for the
source categories
[[Page 1904]]
associated with these rules for the 2008 8-hour ozone national ambient
air quality standard (NAAQS) in the Phoenix-Mesa ozone nonattainment
area.
DATES: This rule is effective February 10, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR-2024-0349. 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: Donnique Sherman, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4129; email
at <a href="/cdn-cgi/l/email-protection#06756e63746b676828626968686f7773634663766728616970"><span class="__cf_email__" data-cfemail="46352e23342b272868222928282f3733230623362768212930">[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 November 8, 2024 (89 FR 88690), the EPA proposed a limited
approval and limited disapproval of the following rules that were
submitted for incorporation into the Arizona SIP.
Table 1--Submitted Rules
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Local agency Rule No. Rule title Revised Submitted
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MCAQD........................ 352 Gasoline Cargo Tank Testing and 11/18/2020 12/03/2020
Use.
MCAQD........................ 353 Storage and Loading of Gasoline 11/18/2020 12/03/2020
at a Gasoline Dispensing
Facility (GDF).
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We proposed a limited approval because we determined that these
rules improve the SIP and are largely consistent with the relevant CAA
requirements. We simultaneously proposed a limited disapproval because
some rule provisions conflict with section 110 and part D of the Act.
In addition, we proposed a disapproval of MCAQD's RACT demonstration
for the source categories listed in Table 2 for the 2008 8-hour ozone
NAAQS in the Phoenix-Mesa ozone nonattainment area.
Table 2--Applicable Source Categories
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CTG Title/source category Applicable MCAQD rule
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EPA-450/2-78-051........................ Control of Volatile Organic Compound Rule 352.
Leaks from Gasoline Tank Trucks and
Vapor Collection Systems.
EPA-450/R-75-102........................ Design Criteria for Stage I Vapor Control Rule 353.
Systems--Gasoline Service Stations.
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The following provisions of Rule 352 preclude full approval of the
rule:
1. In addition to the annual certification test required by Section
301.1, Sections 502 and 503 of Rule 352 outline ongoing monitoring
tests to perform to detect potential leaks. However, the rule does not
identify any enforceable requirements to monitor using these tests on a
periodic basis or any recordkeeping and reporting associated with this
requirement.
2. Section 103.3(a) requires that an ``owner or operator of a
gasoline cargo tank provides documentation from the gasoline cargo tank
testing company to the Control Officer that certifies that the gasoline
cargo tank was tested and verified vapor tight using test methods at
least as stringent as those in Section 501.1 (Maricopa County Vapor
Tightness Test).'' This provision allows the Control Officer authority
to approve another test method, and without further specificity
regarding how this authority will be exercised, it could functionally
allow for a revision of the SIP without complying with the process for
SIP revisions required by the CAA.
The following provisions of Rule 353 preclude full approval of the
rule:
1. Rule 353 requires that control equipment or spill containment
equipment at a stationary GDF or on a gasoline cargo tank be leak free
and vapor tight, requiring weekly inspections. Rule 353 generally
requires a facility to determine if there is a ``potential vapor leak''
prior to being required to conduct a more stringent vapor tightness
determination. Section 501 of Rule 353 allows for four different
options to identify potential vapor leaks. Section 501.1 allows for the
``use of sight, sound, or smell'' as an acceptable method for
identifying potential vapor leaks. Although using sight, sound, or
smell can play a role in identifying potential vapor leaks, allowing
for that to potentially be the only method used could functionally
allow for potential leak identification to be left solely to the
operator's discretion and sensory inputs. Therefore, without a
provision to periodically utilize methods beyond sight, sound, or
smell, this provision undermines the enforceability of the rule's
requirement for vapor tight compliance.
2. Section 500 of Rule 353 contains ongoing monitoring and
recordkeeping requirements but does not specifically contain any
requirements to report compliance information. However, reporting
requirements are contained within Section 301 of the rule because it
incorporates the applicable requirements from the National Emission
Standards for Hazardous Air Pollutants for Source Category: Gasoline
Dispensing Facilities at 40 CFR part 63, subpart CCCCCC (``Subpart
CCCCCC''), which includes reporting requirements.\1\
[[Page 1905]]
However, Subpart CCCCCC is not applicable to the loading of aviation
gasoline into storage tanks at airports and the subsequent transfer of
aviation gasoline within the airport.\2\ Rule 353 does apply to loading
of aviation gasoline at airports, but it does not elsewhere require
periodic reporting for these facilities. Given this framework, Rule 353
has a reporting gap, because there is no periodic compliance reporting
required for loading of aviation gasoline at airports. Due to the lack
of adequate reporting requirements (or some alternative means of
ensuring enforceability) during loading of aviation gasoline into
storage tanks, this provision undermines the enforceability of the
rule's requirement for vapor tight compliance, constitutes a SIP
deficiency, and is inconsistent with the requirements of CAA Section
110.
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\1\ See 40 CFR 63.11126 and Table 3 to Subpart CCCCCC. For
example, Subpart CCCCCC requires annual reporting related to
malfunctions (malfunction of process equipment and air pollution
control equipment), requires all performance tests reports to be
submitted, and requires advanced notification of performance tests.
\2\ See 40 CFR part 63.11111(g).
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Our proposed action contains more information on the basis for this
rulemaking and on our evaluation of the submittal.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received one anonymous comment in support of
EPA's November 8, 2024 proposed action. We thank the commenter for the
comment.
III. EPA Action
No comments were submitted that change our assessment of the rules
as described in our proposed action. Therefore, as authorized in
sections 110(k)(3) and 301(a) of the Act, the EPA is finalizing a
limited approval of the submitted rules. This action incorporates the
submitted rules into the Arizona SIP, including those provisions
identified as deficient. As authorized under sections 110(k)(3) and
301(a), the EPA is simultaneously finalizing a limited disapproval of
the rules. The EPA is also finalizing a disapproval of the RACT
demonstrations for the 2008 ozone NAAQS for the sources covered by the
CTGs listed in Table 2.
As a result, the EPA must promulgate a federal implementation plan
(FIP) under section 110(c) unless we approve subsequent SIP revisions
that correct the rule deficiencies within 24 months.
In addition, the offset sanction in CAA section 179(b)(2) will be
imposed 18 months after the effective date this action, and the highway
funding sanction in CAA section 179(b)(1) will be imposed six months
after the offset sanction is imposed. A sanction will not be imposed if
the EPA determines that a subsequent SIP submission corrects the
identified deficiencies before the applicable deadline.
Note that the submitted rules have been adopted by the MCAQD, and
the EPA's final limited disapproval does not prevent the local agency
from enforcing them. The limited disapproval also does not prevent any
portion of the rules from being incorporated by reference into the
federally enforceable SIP as discussed in a July 9, 1992 EPA memo found
at: <a href="https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf">https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf</a>.
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 352, ``Gasoline Cargo Tank Testing and Use,'' revised on November
18, 2020, which regulates VOC emissions during loading and unloading of
gasoline to any gasoline cargo tank within Maricopa County. The EPA is
also incorporating by reference MCAQD Rule 353, ``Storage and Loading
of Gasoline at a Gasoline Dispensing Facility,'' revised on November
18, 2020, which regulates VOC emissions during storage and loading of
gasoline at a gasoline dispensing facility. Therefore, these materials
have been approved by EPA for inclusion in the SIP, have been
incorporated by reference by EPA into that plan, are fully federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of this final rulemaking, and will be incorporated by reference in
the next update to the SIP compilation.\3\ 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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\3\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews
Under the CAA, 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 review state choices
and approve those choices if they meet the minimum criteria of the Act.
Accordingly, this final action is finalizing a limited approval and
limited disapproval of state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law.
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 and Executive
Order 13563: Improving Regulation and 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
[[Page 1906]]
jurisdiction, and it will not impose substantial direct costs on tribal
governments or preempt tribal law. Thus, Executive Order 13175 does not
apply to this action.
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. Therefore, this action is not
subject to Executive Order 13045 because it is merely finalizing a
limited approval and limited disapproval of state law as meeting
federal requirements. Furthermore, the EPA's Policy on Children's
Health does not apply to this action.
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 and
Executive Order 14096: Revitalizing Our Nation's Commitment to
Environmental Justice for All
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.
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 March 11, 2025. 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 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 19, 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
0
2. Amend Sec. 52.119 by removing and reserving paragraph (c)(1).
0
3. In Sec. 52.120:
0
a. In paragraph (c), amend table 4, by revising the entries for ``Rule
352'' and ``Rule 353''; and
0
b. In paragraph (e), amend table 1, under the subheading ``Part D
Elements and Plans for the Metropolitan Phoenix and Tucson Areas,'' by
revising the second entry for ``Analysis of Reasonably Available
Control Technology for the 2008 8-Hour Ozone National Ambient Air
Quality Standard (NAAQS) State Implementation Plan (RACT SIP)'' that
appears just before the entry for ``Reasonably Available Control
Technology (RACT) Analysis, Negative Declaration and Rules Adoption.''
The revisions 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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State effective Additional
County citation Title/subject date EPA approval date explanation
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* * * * * * *
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Post-July 1998 Rule Codification
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[[Page 1907]]
* * * * * * *
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Regulation III--Control of Air Contaminants
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* * * * * * *
Rule 352........................ Gasoline Cargo November 18, 2020. 1/10/25, [INSERT Submitted
Tank Testing and FIRST PAGE OF electronically on
Use. FEDERAL REGISTER December 3, 2020,
CITATION]. as an attachment
to a letter dated
November 24,
2020.
Rule 353........................ Storage and November 18, 2020. 1/10/25, [INSERT Submitted
Loading of FIRST PAGE OF electronically on
Gasoline at a FEDERAL REGISTER December 3, 2020,
Gasoline CITATION]. as an attachment
Dispensing to a letter dated
Facility (GDF). November 24,
2020.
* * * * * * *
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* * * * *
(e) * * *
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\
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Applicable
geographic or
Name of SIP provision nonattainment State submittal EPA approval date Explanation
area or title/ date
subject
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The State of Arizona Air Pollution Control Implementation Plan
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* * * * * * *
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Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas
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* * * * * * *
Analysis of Reasonably Maricopa County June 22, 2017.... February 26, Only those portions of
Available Control Technology portion of 2020, 85 FR the document
for the 2008 8-Hour Ozone Phoenix-Mesa 10986 beginning with
National Ambient Air Quality nonattainment (conditionally ``Gasoline Bulk
Standard (NAAQS) State area for 2008 8- approved); and Plants, Fixed Roof
Implementation Plan (RACT SIP). hour ozone NAAQS. December 9, Petroleum Tanks,
2024, 89 FR External Floating
97543. Roof Petroleum Tanks,
And Gasoline Loading
Terminals'' on page
33 through the first
full paragraph on
page 34, and Appendix
C: CTG RACT
Spreadsheet, the rows
beginning with
``Gasoline Bulk
Plants'' on page 60,
through ``Gasoline
Loading Terminals''
on pages 64-65.
* * * * * * *
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\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.
* * * * *
0
4. Amend Sec. 52.124 by adding paragraph (b)(2)(ii) to read as
follows:
Sec. 52.124 Part D disapproval.
* * * * *
(b) * * *
(2) * * *
(ii) 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).
* * * * *
[FR Doc. 2024-31028 Filed 1-8-25; 8:45 am]
BILLING CODE 6560-50-P
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