Proposed Rule2025-15984
Air Plan Approval; Arizona; Maricopa County Air Quality Department; Petroleum Solvent Dry Cleaning
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
August 21, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a revision to the Maricopa County Air Quality Department (MCAQD) portion of the Arizona State Implementation Plan (SIP). This revision clarifies definitions used in a rule that limits volatile organic compounds (VOCs) emissions from petroleum solvents used in dry cleaning. We are proposing to approve the rule revisions under the Clean Air Act (CAA or "Act"). We are taking comments on this proposal and plan to follow with a final action.
Full Text
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<title>Federal Register, Volume 90 Issue 160 (Thursday, August 21, 2025)</title>
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[Federal Register Volume 90, Number 160 (Thursday, August 21, 2025)]
[Proposed Rules]
[Pages 40791-40793]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15984]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2025-0303; FRL-12838-01-R9]
Air Plan Approval; Arizona; Maricopa County Air Quality
Department; Petroleum Solvent Dry Cleaning
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Maricopa County Air Quality Department
(MCAQD) portion of the Arizona State Implementation Plan (SIP). This
revision clarifies definitions used in a rule that limits volatile
organic compounds (VOCs) emissions from petroleum solvents used in dry
cleaning. We are proposing to approve the rule revisions under the
Clean Air Act (CAA or ``Act''). We are taking comments on this proposal
and plan to follow with a final action.
DATES: Comments must be received on or before September 22, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2025-0303 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For comments submitted at
<a href="http://Regulations.gov">Regulations.gov</a>, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to
[[Page 40792]]
make. The EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e., on the web, cloud, or
other file sharing system). For additional submission methods, please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section. For the full EPA public comment policy, information about CBI
or multimedia submissions, and general guidance on making effective
comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. 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: La Kenya Evans-Hopper, EPA Region IX,
75 Hawthorne St., San Francisco, CA 94105; telephone number: (415) 972-
3245; email address: <a href="/cdn-cgi/l/email-protection#0f6a796e617c67607f7f6a7d21636e646a61766e4f6a7f6e21686079"><span class="__cf_email__" data-cfemail="5732213639243f3827273225793b363c32392e361732273679303821">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. The State's Submittal
A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted rule revision?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule revisions?
B. Do the rule revisions meet the evaluation criteria?
C. Proposed Action and Public Comment
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rule did the State submit?
In April 2016, the EPA analyzed Maricopa County's SIP-approved
rules to determine if any outdated rules could potentially be replaced
by newer provisions that are currently only locally applicable. The
analysis resulted in recommendations for updating the Arizona SIP by
rescinding obsolete two- and three-digit rules either with, or without,
replacement. On September 13, 2017, the Arizona Department of
Environmental Quality (ADEQ) submitted to the EPA requests from MCAQD
to act on a series of rules, including the rescission of various local
rules (``2017 SIP Submittal''). Table 1 lists the rule addressed by
this proposal with the dates that it was adopted by the local air
agency and submitted to the EPA by ADEQ.
Table 1--Submitted Rule
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Local agency Rule No. Rule title Revised Submitted
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MCAQD................................. 333 Petroleum Solvent Dry 09/25/2013 09/13/2017
Cleaning.
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On March 13, 2018, the 2017 SIP submittal was deemed by operation
of law to be complete. We have reviewed the submittal to ensure it
meets the completeness criteria in 40 CFR part 51, appendix V.
B. Are there other versions of this rule?
On February 9, 1998 (63 FR 6489), we approved an earlier version of
MCAQD Rule 333, ``Petroluem Solvent Dry Cleaning,'' (``Rule 333''), as
revised on June 19, 1996, into the SIP. MCAQD adopted revisions to the
SIP-approved version of Rule 333 on September 25, 2013, and ADEQ
submitted them to us on September 13, 2017. In its submittal letter,
ADEQ requested that, upon approval of the revised version of Rule 333,
the EPA remove the old version of this rule from the SIP. If we
finalize this rulemaking as proposed, the September 25, 2013 version of
Rule 333 will replace the previously approved version of this rule in
the SIP.
C. What is the purpose of the submitted rule revision?
In 2016, the EPA reformatted the Arizona SIP as codified in the
Code of Federal Regulations (CFR) into a tabulated ``notebook'' format.
While developing the updated SIP tables for that conversion, the EPA
worked closely with ADEQ and the local air agencies to clarify what was
in their applicable SIP, including older provisions that had not been
updated or replaced to reflect local rulemakings. The result of that
coordination was that MCAQD requested to rescind or replace many
obsolete rules in their federally enforceable SIP in favor of rules
that reflect their current locally enforceable rulebook.
MCAQD Rule 333 regulates the emissions of VOCs from petroleum
solvents used in dry cleaning and at dry cleaning facilities. Emissions
of VOCs contribute to the production of ground-level ozone and smog
that harm human health and the environment. Section 110(a) of the CAA
requires states to submit regulations that control VOC emissions. MCAQD
Rule 333 was revised to clarify that the definitions in MCAQD Rule 100
\1\ are applicable to revised MCAQD Rule 333. This includes the
definition of VOC that was removed from MCAQD Rule 333 and added to
MCAQD Rule 100.
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\1\ MDAQD Rule 100, ``General Provisions and Definitions,''
revised August 9, 2023, SIP-approved April 4, 2024 (89 FR 23521).
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The EPA's technical support document (TSD) has more information
about this rule.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule revisions?
Under the provisions of CAA section 110(l), SIP revisions must not
interfere with attainment, reasonable further progress (RFP), or any
other applicable requirement of the CAA. Therefore, we evaluated
whether the revisions to Rule 333 would comply with CAA section 110(l).
Guidance and policy documents that we used to evaluate revision
and/or relaxation requirements for the applicable criteria pollutants
include the following:
1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
B. Do the rule revisions meet the evaluation criteria?
We evaluated the rule revisions to ensure they meet CAA
requirements and are consistent with relevant guidance regarding SIP
revisions. Based on our review, the revisions meet the relevant
requirements and would strengthen the overall SIP by ensuring a
consistent definition for VOC is being implemented in the MCAQD portion
of the Arizona SIP. The revisions do not relax any requirements. The
TSD has more information on our evaluation.
C. Proposed Action and Public Comment
As authorized in section 110(k)(3) of the Act, the EPA proposes to
approve the submitted rule because it fulfills all relevant
requirements. We will accept comments from the public on this
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proposal until September 22, 2025. If we take final action to approve
the submitted rule, our final action will incorporate this rule into
the federally enforceable SIP.
III. Incorporation by Reference
In this document, the EPA is proposing to include in a final EPA
rule regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference Maricopa County Air Quality Department Rule
333, Petroleum Solvent Dry Cleaning, revised on September 25, 2013,
which regulates VOC emissions from petroleum solvents used in dry
cleaning. 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 at the EPA Region IX
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
IV. 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 approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<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 proposes to approve 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 CAA.
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: August 7, 2025.
Joshua F.W. Cook,
Regional Administrator, Region IX.
[FR Doc. 2025-15984 Filed 8-20-25; 8:45 am]
BILLING CODE 6560-50-P
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