2024-06879. Air Plan Approval; Arizona; Maricopa County Air Quality Department  

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    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 a rule that includes definitions for certain terms that are necessary for the implementation of local rules that regulate sources of air pollution. We are approving a local rule under the Clean Air Act (CAA or the Act).

    DATES:

    This rule is effective May 6, 2024.

    ADDRESSES:

    The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2023-0599. All documents in the docket are listed on the https://www.regulations.gov 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 https://www.regulations.gov, 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.

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    FOR FURTHER INFORMATION CONTACT:

    Kira Wiesinger, EPA Region IX, 75 Hawthorne St., San Francisco, CA 94105; phone: (415) 972-3827; email: wiesinger.kira@epa.gov.

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    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 December 27, 2023 (88 FR 89355), the EPA proposed to approve the following rule into the Arizona SIP. Start Printed Page 23522

    Local agencyRule #Rule titleRevisedSubmitted
    MCAQD100General Provisions and Definitions08/09/202308/23/2023

    We proposed to approve this rule because we determined that it complies with the relevant CAA requirements. Our proposed action contains more information on the rule and our evaluation.

    II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. During this period, we received no comments on our proposal.

    III. EPA Action

    No comments were submitted on our proposal. Therefore, as authorized in section 110(k)(3) of the Act, the EPA is approving this rule into the Arizona SIP. The August 9, 2023 version of Rule 100 will replace the previously approved version of this rule in the SIP.

    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 MCAQD's Rule 100, “General Provisions and Definitions,” revised on August 9, 2023, which sets forth the legal authority for the Maricopa County Air Pollution Rules and provides definitions of terms used throughout these rules. 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 www.regulations.gov 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).

    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 the state law as meeting federal requirements and does not impose additional requirements beyond those imposed by the state law. For that reason, this action:

    • 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);

    • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

    • 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.);

    • 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);
    • Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);
    • Is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it approves a state program;
    • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); and
    • 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 minority populations and low-income populations to the greatest extent practicable and permitted by law. The EPA defines environmental justice (EJ) as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.” The EPA further defines the term fair treatment to mean that “no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental, and commercial operations or programs and policies.”

    The State did not evaluate environmental justice considerations as part of its SIP submittal as 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. Due to the nature of the action being taken here, this action is expected to have a neutral to positive impact on the air quality of the affected area. 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 Order 12898 of achieving environmental justice for people of color, low-income populations, and Indigenous peoples.

    This action is subject to the Congressional Review Act, 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 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 June 3, 2024. 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).)

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    List of Subjects in 40 CFR Part 52

    • Environmental protection
    • Air pollution control
    • Incorporation by reference
    • Intergovernmental relations
    • Nitrogen oxides
    • Ozone
    • Particulate matter
    • Reporting and recordkeeping requirements
    • Volatile organic compounds
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    Dated: March 27, 2024.

    Martha Guzman Aceves,

    Regional Administrator, Region IX.

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    Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows:

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    PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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    1. The authority citation for Part 52 continues to read as follows:

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    Authority: 42 U.S.C. 7401 et seq.

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    Subpart D—Arizona

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    2. In § 52.120, in paragraph (c), amend table 4 by revising the entry for “Rule 100” under the Table headings, “Post-July 1988 Rule Codification” and “Regulation I—General Provisions,” to read as follows:

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    Identification of plan.
    * * * * *

    (c) * * *

    Table 4 to Paragraph ( c )—EPA-Approved Maricopa County Air Pollution Control Regulations

    County citationTitle/subjectState effective dateEPA Approval DateAdditional explanation
    *         *         *         *         *         *         *
    Post-July 1988 Rule Codification
    Regulation I—General Provisions
    Rule 100General Provisions and DefinitionsAugust 9, 2023[INSERT FIRST PAGE OF FEDERAL REGISTER CITATION], April 4, 2024Submitted on August 23, 2023.
    *         *         *         *         *         *         *
    * * * * *
    End Supplemental Information

    Footnotes

    1.  62 FR 27968 (May 22, 1997).

    Back to Citation

    [FR Doc. 2024-06879 Filed 4-3-24; 8:45 am]

    BILLING CODE 6560-50-P

Document Information

Effective Date:
5/6/2024
Published:
04/04/2024
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
2024-06879
Dates:
This rule is effective May 6, 2024.
Pages:
23521-23523 (3 pages)
Docket Numbers:
EPA-R09-OAR-2023-0599, FRL-11591-02-R9
Topics:
Air pollution control, Environmental protection, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds
PDF File:
2024-06879.pdf
Supporting Documents:
» Maricopa County Rule 100 Amended August 2023
» Rule100-SIP Revision
» TSD MCAQD NSR Rule 100 2023-0599 12-4-2023
» Maricopa County Rule 100 letter signed
CFR: (1)
40 CFR 52.120