Rule2025-22517
Air Plan Approval; Arizona; Maricopa County Air Quality Department; Volatile Organic Compounds and Particulate Matter; Solvent Cleaning; Architectural Coatings; Incinerators, Burn-Off Ovens, and Crematories
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 11, 2025
Effective
January 12, 2026
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) portion of the Arizona State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOC) from solvent cleaning activities and architectural coatings and emissions of particulate matter (PM) from incinerators, burn-off ovens, and crematories. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or "Act").
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 236 (Thursday, December 11, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 236 (Thursday, December 11, 2025)]
[Rules and Regulations]
[Pages 57370-57372]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-22517]
[[Page 57370]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2025-0317, EPA-R09-OAR-2025-0321, EPA-R09-OAR-2025-0458;
FRL-12915-02-R9]
Air Plan Approval; Arizona; Maricopa County Air Quality
Department; Volatile Organic Compounds and Particulate Matter; Solvent
Cleaning; Architectural Coatings; Incinerators, Burn-Off Ovens, and
Crematories
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Maricopa County Air Quality
Department (MCAQD) portion of the Arizona State Implementation Plan
(SIP). These revisions concern emissions of volatile organic compounds
(VOC) from solvent cleaning activities and architectural coatings and
emissions of particulate matter (PM) from incinerators, burn-off ovens,
and crematories. We are approving local rules that regulate these
emission sources under the Clean Air Act (CAA or ``Act'').
DATES: This rule is effective January 12, 2026.
ADDRESSES: The EPA has established dockets for this action. Docket ID
No. EPA-R09-OAR-2025-0317 pertains to Architectural Coatings, Docket ID
No. EPA-R09-OAR-2025-0321 pertains to Solvent Cleaning, and Docket ID
No. EPA-R09-OAR-2025-0458 pertains to Incinerators, Burn-Off Ovens, and
Crematories. 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: Allison Kawasaki, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105; telephone number: (415) 972-
3922; email address: <a href="/cdn-cgi/l/email-protection#c9a2a8bea8baa8a2a0e7a8a5a5a0baa6a789acb9a8e7aea6bf"><span class="__cf_email__" data-cfemail="1b707a6c7a687a7072357a7777726874755b7e6b7a357c746d">[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 September 11, 2025 (90 FR 43952, 90 FR 43955, and 90 FR 43983),
the EPA proposed to approve the rules listed in table 1 into the
Arizona SIP. We also proposed to rescind or replace the rules listed in
table 2 from the Arizona SIP.
Table 1--Submitted Rule(s)
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Revised Submitted
----------------------------------------------------------------------------------------------------------------
MCAQD................. 313 Incinerators, December 11, 2024........... December 23, 2024.
Burn-Off Ovens,
and Crematories.
MCAQD................. 331 Solvent Cleaning. September 25, 2024.......... October 3, 2024.
MCAQD................. 335 Architectural September 25, 2013.......... September 8, 2017.
Coatings.
MCAQD................. 335 Architectural December 11, 2024........... December 23, 2024.
Coatings.
----------------------------------------------------------------------------------------------------------------
Table 2--Rules Requested To Be Rescinded or Replaced
--------------------------------------------------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Local revision date SIP approved date FR citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
MCAQD.................... 34--Paragraphs F, G, Organic Solvents-- June 23, 1980............. May 5, 1982.................. 47 FR 19326.
H, I, J, K. Volatile Organic
Compounds (VOC).
MCAQD.................... 35.................. Incinerators........ August 12, 1971........... July 27, 1972................ 37 FR 15080.
MCAQD.................... 331................. Solvent Cleaning.... April 21, 2004............ December 21, 2004............ 69 FR 76417.
MCAQD.................... 335................. Architectural July 13, 1988............. January 6, 1992.............. 57 FR 354.
Coatings.
--------------------------------------------------------------------------------------------------------------------------------------------------------
We proposed to approve these rules and rule rescissions because we
determined that they comply with the relevant CAA requirements. Our
proposed actions contain more information on the rules and our
evaluation.
II. Public Comments and EPA Responses
The EPA's proposed actions provided a 30-day public comment period.
During this period, we received one comment pertaining to MCAQD Rule
313, ``Incinerators, Burn-Off Ovens, and Crematories,'' revised
December 11, 2024 (Rule 313), and five comments pertaining to our
proposed approval of MCAQD Rule 331, ``Solvent Cleaning,'' revised
September 25, 2024, (``Rule 331'') and rescission of Paragraphs F, G,
H, I, J, K from MCAAQD Rule 34, ``Organic Solvents--Volatile Organic
Compounds (VOC),'' revised June 23, 1980, (Rule 34). No comments were
received on our proposal to approve the September 25, 2013 and December
11, 2024 versions of MCAQD Rule 335, ``Architectural Coatings'' (Rule
335). The full text of these comments is available in the rulemaking
dockets. We have summarized these comments and included our responses
below.
A. Comments Received on Rule 313
Comment: For Rule 313, the commenter notes that the proposed rule
revisions are only relevant to particulate matter and asserts that the
incineration process potentially involves the generation and emission
of toxic substances such as polyfluoroalkyl (PFA) compounds, dioxins,
and heavy metals. The commenter recommends that, to improve overall
health for the community, the MCAQD should consider regulating these
pollutants from incineration activities in addition to just particulate
matter and opacity. The comment also states that
[[Page 57371]]
``preventative measures must be made to create lasting change in air
quality.'' Further, the commenter states that the air plan revisions
should be used to make ``more baseline laws'' to stop larger scale
pollutants.
Response: The comment is a recommendation for how the MCAQD should
revise Rule 313, or local laws, to address other pollutants and not a
comment for the EPA on our proposed approval of Rule 313 into the
Arizona SIP. The EPA is not able to address a recommendation for MCAQD
in our action. In the future, we suggest that the commenter use MCAQD's
local rulemaking process for providing these types of recommendations.
Further, the EPA's authority for approving SIPs under CAA section 110
is limited to the implementation, maintenance, and attainment of the
national ambient air quality standards (NAAQS). The regulation of
pollutants that do not pertain to a NAAQS, as the commenter recommends,
would be outside the EPA's legal authority for approving SIP revisions.
There are federal regulations that further regulate air pollutants
emitted by incinerators, including some of the pollutants identified by
the commenter, but those regulations are developed under separate CAA
authority and do not pertain to SIPs. Our Technical Support Document
and MCAQD's submittal discussed these other regulations and are
available in the docket for Rule 313 (Docket ID No. EPA-R09-OAR-2025-
0458). It is unclear what types of ``preventative measures'' or
``baseline laws'' the commenter is recommending, but we understand this
comment to be related to the pollutants of concern identified by the
commenter and not related to the pollutant regulated by Rule 313,
particulate matter.
B. Comments Received on Rule 331 and Rule 34
Four comments of the five comments received on Rules 331 and 34
were supportive of the EPA's September 11, 2025 proposal. We thank the
commenters for their support. The fifth comment pertained to a recent
Pima County, Arizona, permitting action that is not germane to this
rulemaking.
III. EPA Action
No comments were submitted that change our assessment of the rules
as described in our proposed actions. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is approving the rules listed in
table 1 into the Arizona SIP and rescinding or replacing the rules in
table 2. The December 11, 2024 version of Rule 313 will replace MCAQD
Rule 35, ``Incinerators,'' revised August 12, 1971, in the SIP. The
September 25, 2024 version of Rule 331 will replace the previously
approved version of this rule in the SIP and Rule 34. The September 25,
2013 version of Rule 335 will replace the previously approved version
of this rule in the SIP.
IV. Incorporation by Reference
In this document, 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
four Maricopa County Air Quality District Rules:
MCAQD Rule 313--Incinerators, Burn-Off Ovens, and Crematories
revised on December 11, 2024, which regulates emissions of particulate
matter from incinerators, burn-off ovens, and crematories; MCAQD Rule
331--Solvent Cleaning, revised on September 25, 2024, which regulates
emissions of VOC from solvent cleaning and metal degreasing activities;
MCAQD Rule 335--Architectural Coatings, revised on September 25, 2013;
and Rule 335--Architectural Coatings, revised on December 11, 2024,
which regulates emissions of VOC from architectural coatings. In
addition, the EPA is finalizing the recission of the incorporation by
reference of MCAQD Rule 35--Incinerators and MCAQD Rule 34--Solvent
Cleaning, which were previously incorporated by reference into the
applicable Arizona SIP. 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).
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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 approve state choices,
provided that they meet the criteria of the CAA. 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 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 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 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).
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. This action is not a
``major rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate
[[Page 57372]]
circuit by February 9, 2026. 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, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: November 25, 2025.
Michael Martucci,
Acting Regional Administrator, Region IX.
For the reasons stated in the preamble, 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. In Sec. 52.120, in table 4 to paragraph (c):
0
a. Remove the table headings ``Pre-July 1988 Rule Codification'',
``Regulation II--Permits'' and ``Regulation III--Control of Air
Contaminants'';
0
b. Remove the entries for ``Rule 34 (paragraphs F, G, H, I, J and K
only)'' and ``Rule 35'';
0
c. Remove the table headings ``Regulation IV--Production of Records;
Monitoring; Testing and Sampling Facilities'', ``Regulation VII--
Emergency Procedures'', and ``Post-July 1988 Rule Codification'';
0
d. Revise the entries for ``Rule 313'' and ``Rule 331'';
0
e. Remove the entry for ``Rule 335''; and
0
f. Add the entries for ``Rule 335 (v. 2013) and ``Rule 335 (v. 2024)''
in numerical order.
The revisions and additions read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
Table 4 to Paragraph (c)--EPA-Approved Maricopa County Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
EPA approval Additional
County citation Title/subject State effective date date explanation
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Regulation III--Control of Air Contaminants
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Rule 313.................. Incinerators, December 11, 2024........ December 11, Submitted on December
Burn-Off Ovens, 2025, 90 FR 23, 2024.
and Crematories. [insert Federal
Register page
where the
document
begins].
* * * * * * *
Rule 331.................. Solvent Cleaning September 25, 2024....... December 11, Submitted
2025, 90 FR electronically on
[insert Federal October 3, 2024, as
Register page an attachment to a
where the letter dated October
document 1, 2024. The
begins]. September 25, 2024
version of Rule 331
replaces the April
21, 2004 version
that was approved on
December 21, 2004
(69 FR 76417).
* * * * * * *
Rule 335 (v. 2013)........ Architectural September 25, 2013....... December 11, Submitted
Coatings. 2025, 90 FR electronically on
[insert Federal September 8, 2017.
Register page
where the
document
begins].
Rule 335 (v. 2024)........ Architectural December 11, 2024........ December 11, Submitted
Coatings. 2025, 90 FR electronically on
[insert Federal December 23, 2024.
Register page The VOC content
where the limits in table 335-
document 1 of Rule 335 will
begins]. only become
applicable upon a
determination by the
EPA that either the
Phoenix-Mesa
nonattainment area
failed to attain the
2015 ozone NAAQS by
the attainment date
or failed to make
reasonable further
progress. Until such
time, the
requirements in the
September 25, 2013
version of Rule 335
remain applicable.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2025-22517 Filed 12-10-25; 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 11, 2025.
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.