Air Plan Revisions; Arizona; Maricopa County Air Quality Department

ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 52</CFR> <DEPDOC>[EPA-R09-OAR-2021-0748; FRL-11882-01-R9]</DEPDOC> <SUBJECT>Air Plan Revisions; Arizona; Maricopa County Air Quality Department</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Proposed rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Environmental Protection Agency (EPA) is proposing 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 (VOCs), oxides of nitrogen (NO <E T="52">X</E> ), particulate matter (PM), and oxides of sulfur (SO <E T="52">X</E> ). We are proposing to approve local rules to regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> Comments must be received on or before May 16, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> Submit your comments, identified by Docket ID No. EPA-R09-OAR-2021-0748 at <E T="03">https://www.regulations.gov.</E> For comments submitted at <E T="03">Regulations.gov,</E> follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from <E T="03">Regulations.gov</E> . 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 make. The EPA will generally not consider comments or comment contents located outside of the primary submission ( <E T="03">i.e.,</E> on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the <E T="02">FOR FURTHER INFORMATION CONTACT</E> section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit <E T="03">https://www.epa.gov/dockets/commenting-epa-dockets.</E> 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 <E T="02">FOR FURTHER INFORMATION CONTACT</E> section. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> La Kenya Evans-Hopper, EPA Region IX, 75 Hawthorne St., San Francisco, CA 94105; phone: (415) 972-3245; email: <E T="03">evanshopper.lakenya@epa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> Throughout this document, “we,” “us,” and “our” refer to the EPA. <HD SOURCE="HD1">Table of Contents </HD> <EXTRACT> <FP SOURCE="FP-2">I. The State's Submittal</FP> <FP SOURCE="FP1-2">A. What rules are the county rescinding, and/or replacing?</FP> <FP SOURCE="FP1-2">B. What is the purpose of the rules and what is the impact of the EPA's rescissions?</FP> <FP SOURCE="FP-2">II. The EPA's Evaluation and Action</FP> <FP SOURCE="FP1-2">A. How is the EPA evaluating the request for rescission, and/or replacement?</FP> <FP SOURCE="FP1-2">B. Do the rule rescissions, and/or replacements, meet the evaluation criteria?</FP> <FP SOURCE="FP1-2">C. Public Comment and Proposed Action</FP> <FP SOURCE="FP-2">III. Incorporation by Reference</FP> <FP SOURCE="FP-2">IV. Statutory and Executive Order Reviews</FP> </EXTRACT> <HD SOURCE="HD1">I. The State's Submittal</HD> <HD SOURCE="HD2">A. What rules are the county rescinding, and/or replacing?</HD> On September 13, 2017, and November 13, 2023, the Arizona Department of Environmental Quality (ADEQ) submitted to the EPA requests from MCAQD to act on a series of rules from the existing SIP, including the rescission of various local rules. Table 1 lists the SIP-approved rules proposed to be rescinded from the SIP by this proposed rule with the dates that they were adopted by the MCAQD and previously approved into the SIP. We are proposing action on the entire November 13, 2023 submittal (“2023 SIP Submittal”) and a portion of the September 13, 2017 submittal (“2017 SIP Submittal”). Portions of other rules from the 2017 SIP Submittal were addressed in other rulemakings (see Table 3 and 87 FR 42324 (September 15, 2022)), and the remaining portions of the 2017 SIP Submittal will be addressed in a future rulemaking. <SU>1</SU> <FTREF/> <FTNT> <SU>1</SU>  A summary of the status of the 2017 SIP Submittal is included in the docket for this action. See “Maricopa Recodification Project, Submitted 2017, Rules Updates,” March 2024, EPA Region 9. </FTNT> <GPOTABLE COLS="5" OPTS="L2,nj,i1" CDEF="s60,r100,xs80,xs80,xs80"> <TTITLE>Table 1—Rules To Be Rescinded</TTITLE> <CHED H="1">Rule No.</CHED> <CHED H="1">Title</CHED> <CHED H="1">Local adoption date</CHED> <CHED H="1">SIP approval date</CHED> <CHED H="1">FR citation</CHED> <ROW> <ENT I="01">22</ENT> <ENT>Permit Denial-Action-Transfer-Expiration-Posting-Revocation-Compliance</ENT> <ENT>August 12, 1971</ENT> <ENT>July 27, 1972</ENT> <ENT>37 FR 15080</ENT> </ROW> <ROW> <ENT I="01">28</ENT> <ENT>Permit Fees</ENT> <ENT>March 8, 1982</ENT> <ENT>June 18, 1982</ENT> <ENT>47 FR 26382</ENT> </ROW> <ROW> <ENT I="01">32 G</ENT> <ENT>Other Industries</ENT> <ENT>October 1, 1975</ENT> <ENT>April 12, 1982</ENT> <ENT>47 FR 15579</ENT> <ENT>Fuel Burning Equipment for Producing Electric Power (Sulfur Dioxide)</ENT> <ENT>October 1, 1975</ENT> <ENT>April 12, 1982</ENT> <ENT>47 FR 15579</ENT> </ROW> <ROW> <ENT I="01">32 J</ENT> <ENT>Operating Requirements for an Asphalt Kettle</ENT> <ENT>June 23, 1980</ENT> <ENT>April 12, 1982</ENT> <ENT>47 FR 15579</ENT> </ROW> <ROW> <ENT I="01">32 K</ENT> <ENT>Emissions of Carbon Monoxide</ENT> <ENT>June 23, 1980</ENT> <ENT>April 12, 1982</ENT> <ENT>47 FR 15579</ENT> </ROW> <ROW> <ENT I="01">41 A</ENT> <ENT>Monitoring</ENT> <ENT>August 12, 1971</ENT> <ENT>July 27, 1972</ENT> <ENT>37 FR 15080</ENT> Table 2 lists the submitted rule sections addressed by this proposal with the dates that they were adopted by the MCAQD and submitted by ADEQ on behalf of the MCAQD for inclusion into the SIP. <GPOTABLE COLS="4" OPTS="L2,i1" CDEF="s50,r50,xs80,xs80"> <TTITLE>Table 2—Submitted Rules</TTITLE> <CHED H="1">Rule No.</CHED> <CHED H="1">Title</CHED> <CHED H="1">Local revision date</CHED> <CHED H="1">EPA submission date</CHED> <ROW> <ENT I="01">320 Section 306</ENT> <ENT>Odors and Gaseous Air Contaminants, Limitation—Sulfur from Other Industries</ENT> <ENT>July 2, 2023</ENT> <ENT>November 13, 2023.</ENT> </ROW> <ROW> <ENT I="01">320 Section 307</ENT> <ENT>Odors and Gaseous Air Contaminants, Operating Requirements—Asphalt Kettles and Dip Tanks</ENT> <ENT>July 2, 2023</ENT> <ENT>November 13, 2023.</ENT> </ROW> </GPOTABLE> On December 4, 2023, the EPA determined that the submittal for MCAQD Rule 320, section 306 and section 307 from the 2023 SIP Submittal, met the completeness criteria in 40 CFR part 51 Appendix V. On March 13, 2018, the 2017 SIP Submittal was deemed by operation of law to meet the completeness criteria in 40 CFR part 51 Appendix V. SIP submittals must meet the completeness criteria before formal EPA review. <HD SOURCE="HD2">B. What is the purpose of the rules and what is the impact of the EPA's rescissions?</HD> Since initial SIP approval in the 1970s, Maricopa County has revised many of its rules to comply with the CAA national ambient air quality standards (NAAQS) requirements, and to implement reasonably available control technology (RACT) for various source categories in nonattainment areas. These rules were submitted to the EPA for incorporation into the Arizona SIP at various times. 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 the ADEQ and 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 the MCAQD's 2017 SIP submittal that requests to rescind or replace many obsolete rules in the federally enforceable SIP in favor of rules that reflect their current locally enforceable rulebook. The MCAQD also submitted an updated request on November 13, 2023, to replace Rule 32, sections G and J with Rule 320 sections 306 and 307. The 2023 SIP Submittal request supersedes the 2017 SIP Submittal request with respect to Rules 32, sections G and J. What follows is a summary of the rules identified in Table 1 that we are proposing for rescission and/or replacement in this rulemaking. Rule 22 states that the Control Officer shall deny or revoke an Installation Permit and an Operating Permit if the applicant does not show that every machine, equipment, incinerator, device or other article usage (units; with or without air pollution control equipment) does not eliminate or reduce air pollution. If the Control Officer finds that such units under an Operating Permit are constructed not in accordance with the Installation Permit, the Control Office shall not accept any further application for an Operating Permit for these units. If the units are reconstructed in accordance with the Installation Permit, they may be permitted an Operating Permit. All permits are non-transferable and must be affixed to the unit. Rule 22 was superseded by Rule 200, Rule 210, Rule 220, Rule 240, and Rule 241. <SU>2</SU> < ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 28k characters. 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