Rule2025-10541
Air Plan Approval; Arizona; Maricopa County Air Quality Department; Correction
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
June 11, 2025
Effective
June 11, 2025
Issuing agencies
Environmental Protection Agency
Abstract
On January 16, 2025, the Environmental Protection Agency (EPA) published a final rule in the Federal Register approving revisions to the Maricopa County Air Quality Department (MCAQD or "County") portion of the Arizona State Implementation Plan (SIP). In that rulemaking, the EPA inadvertently published numbering errors in the regulatory text codifying the approval in the Code of Federal Regulations (CFR). This document corrects the errors in the final rule's regulatory text.
Full Text
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<title>Federal Register, Volume 90 Issue 111 (Wednesday, June 11, 2025)</title>
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[Federal Register Volume 90, Number 111 (Wednesday, June 11, 2025)]
[Rules and Regulations]
[Pages 24514-24515]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10541]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0607; FRL-10024-04-R9]
Air Plan Approval; Arizona; Maricopa County Air Quality
Department; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Correcting amendments.
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SUMMARY: On January 16, 2025, the Environmental Protection Agency (EPA)
published a final rule in the Federal Register approving revisions to
the Maricopa County Air Quality Department (MCAQD or ``County'')
portion of the Arizona State Implementation Plan (SIP). In that
rulemaking, the EPA inadvertently published numbering errors in the
regulatory text codifying the approval in the Code of Federal
Regulations (CFR). This document corrects the errors in the final
rule's regulatory text.
DATES: This action is effective June 11, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR-2022-0607. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
an 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: Mae Wang, EPA Region IX, 75 Hawthorne
Street, San Francisco, CA 94105, phone: (415) 947-4137, email:
<a href="/cdn-cgi/l/email-protection#7b0c1a151c55161a1e3b1e0b1a551c140d"><span class="__cf_email__" data-cfemail="7f081e111851121e1a3f1a0f1e51181009">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This action corrects regulatory text
affecting 40 CFR part 52 resulting from two inadvertent errors in the
amendatory instructions in our final rule published January 16, 2025
(90 FR 4652), approving revisions to the MCAQD portion of the Arizona
SIP. That rulemaking was related to the County's reasonably available
control technology (RACT) demonstration for the 2008 8-hour ozone
National Ambient Air Quality Standards and converted a conditional
approval and a partial approval/partial disapproval to full approvals.
This current action does not change the final action taken by the EPA
on January 16, 2025. This action merely corrects regulatory text to
properly codify the EPA's previously published final rulemaking.
40 CFR 52.119, Identification of plan--conditional approvals,
identifies portions of the Arizona SIP that the EPA has conditionally
approved under CAA section 110(k)(4). In the January 16, 2025 final
rule, the amendatory instructions for codifying the conditional
approval of portions of the County's RACT demonstration to a full
approval in 40 CFR part 52 specified the deletion of paragraph
52.119(c)(3). These instructions resulted in paragraph (c) containing
only introductory text describing a 2017 SIP submittal related to the
County's RACT demonstration for which there are no longer any remaining
conditional approvals. The instructions should have instead specified
deleting the entirety of paragraph 52.119(c), including the
introductory text. In this action, the EPA is correcting this error and
deleting the entirety of paragraph 52.119(c).
Additionally, 40 CFR 52.124, Part D disapproval, identifies
portions of the Arizona SIP that the EPA has disapproved under CAA
section 110(k)(3) because they do not meet Part D of title I of the
CAA. The prior disapproval of portions of the County's RACT
demonstration related to our January 16, 2025 final rule was previously
codified at 40 CFR 52.124(b)(2)(i) and our final rule should have only
deleted this paragraph. However, we inadvertently deleted other
disapprovals unrelated to our January 16, 2025 action by deleting the
entirety of 52.124(b). This action will correct the error and revise 40
CFR 52.124 to recodify the disapproval for other portions of the
County's RACT demonstration previously listed in 52.124(b)(2)(ii), as
added by a separate final rule published on January 10, 2025 (90 FR
1903).
The EPA has determined that this action falls under the ``good
cause'' exemption in section 553(b)(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
[[Page 24515]]
impracticable, unnecessary, or contrary to the public interest. Public
notice and comment for this action are unnecessary because the
underlying rule for which these correcting amendments have been
prepared was already subject to a 30-day comment period. Further, this
action is consistent with the purpose and rationale of the final rule
for which inaccurate amendatory instructions are being 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.
The EPA also finds that there is good cause under APA section
553(d)(3) for these corrections to become effective on the date of
publication of this action. Section 553(d)(3) of the APA allows an
effective date of less than 30 days after publication ``as otherwise
provided by the agency for good cause found and published with the
rule.'' 5 U.S.C. 553(d)(3). The purpose of the 30-day waiting period
prescribed in APA section 553(d)(3) is to give affected parties a
reasonable time to adjust their behavior and prepare before the final
rule takes effect. This rule does not create any new regulatory
requirements such that affected parties would need time to prepare
before the rule takes effect. This action merely corrects inaccurate
amendatory instructions in a previous rulemaking. For these reasons,
the EPA finds good cause under APA section 553(d)(3) for these
corrections to become effective on the date of publication of this
action.
This action is subject to the Congressional Review Act (CRA), and
the EPA will submit a rule report to each House of the Congress and to
the Comptroller General of the United States. Section 808 allows the
issuing agency to make a rule effective sooner than otherwise provided
by the CRA if the agency makes a good cause finding that notice and
public procedure is impracticable, unnecessary, or contrary to the
public interest. This determination must be supported by a brief
statement. 5 U.S.C. 808(2). As stated previously, the EPA has made such
a good cause finding, including the reasons therefore, for this action
to become effective on the date of publication. This action is not a
``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: May 23, 2025.
Joshua F. W. Cook,
Regional Administrator, Region IX.
Accordingly, 40 CFR part 52 is corrected by making the following
correcting amendments:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart D--Arizona
Sec. 52.119 [Amended]
0
2. In Sec. 52.119, remove and reserve paragraph (c).
0
3. In Sec. 52.124, add paragraph (b) to read as follows:
Sec. 52.124 Part D disapproval.
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(b) The following Reasonably Available Control Technology (RACT)
determinations are disapproved because they do not meet the
requirements of Part D of the Clean Air Act.
(1) [Reserved].
(2) Maricopa County Air Quality Department.
(i) [Reserved].
(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).
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[FR Doc. 2025-10541 Filed 6-10-25; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on June 11, 2025.
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