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Final Rule

Air Plan Revisions; Arizona; Maricopa County Air Quality Department

In Plain English

What is this Federal Register notice?

This is a final rule published in the Federal Register by Environmental Protection Agency. Final rules have completed the public comment process and establish legally binding requirements.

Is this rule final?

Yes. This rule has been finalized. It has completed the notice-and-comment process required under the Administrative Procedure Act.

Who does this apply to?

Consult the full text of this document for specific applicability provisions. The affected parties depend on the regulatory scope defined within.

When does it take effect?

This document has been effective since September 19, 2024.

Why it matters: This final rule amends regulations in 40 CFR Part 52.

Document Details

Document Number2024-17500
TypeFinal Rule
PublishedAug 20, 2024
Effective DateSep 19, 2024
RIN-
Docket IDEPA-R09-OAR-2021-0748
Text FetchedYes

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Related Documents (by RIN/Docket)

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2024-07954 Proposed Rule Air Plan Revisions; Arizona; Maricopa Co... Apr 16, 2024

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Full Document Text (2,293 words · ~12 min read)

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<RULE> ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 52</CFR> <DEPDOC>[EPA-R09-OAR-2021-0748; FRL-11882-02-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> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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 (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 approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act). </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This rule action will be effective September 19, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2021-0748. All documents in the docket are listed on the <E T="03">https://www.regulations.gov</E> website. Although listed in the index, some information is not publicly available, <E T="03">e.g.,</E> 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 <E T="03">https://www.regulations.gov,</E> or please contact the person identified in the <E T="02">FOR FURTHER INFORMATION CONTACT</E> 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 <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. Proposed Action</FP> <FP SOURCE="FP-2">II. Public Comments and EPA Responses</FP> <FP SOURCE="FP-2">III. EPA Action</FP> <FP SOURCE="FP-2">IV. Incorporation by Reference</FP> <FP SOURCE="FP-2">V. Statutory and Executive Order Reviews</FP> </EXTRACT> <HD SOURCE="HD1">I. Proposed Action</HD> On April 16, 2024 (89 FR 26813), the EPA proposed to approve the following rules and rule rescissions into the Arizona SIP. <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> </ROW> <ROW> <ENT I="01">32 H</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> </ROW> <ROW> <ENT I="01">41 B</ENT> <ENT>Monitoring</ENT> <ENT>October 2, 1978</ENT> <ENT>April 12, 1982</ENT> <ENT>47 FR 15579.</ENT> </ROW> <ROW> <ENT I="01">42</ENT> <ENT>Testing and Sampling</ENT> <ENT>August 12, 1971</ENT> <ENT>July 27, 19.72</ENT> <ENT>37 FR 15080.</ENT> </ROW> <ROW> <ENT I="01">74 C</ENT> <ENT>Public Notification</ENT> <ENT>June 23, 1980</ENT> <ENT>April 12, 1982</ENT> <ENT>47 FR 15579.</ENT> </ROW> </GPOTABLE> <GPOTABLE COLS="4" OPTS="L2,nj,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, 2003</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, 2003</ENT> <ENT>November 13, 2023.</ENT> </ROW> </GPOTABLE> We proposed to approve the rescission of the rules in table 1, and the inclusion of the rules in table 2, because we determined that the rule rescissions in table 1 and rule replacements in table 2 comply with the relevant CAA requirements. Our proposed action contains more information on the rules and our evaluation. <HD SOURCE="HD1">II. Public Comments and EPA Responses</HD> The EPA's proposed action provided a 30-day public comment period. During this period, we received two comments. The comments discussed Arizona's legalization of recreational marijuana and its impact on air quality. The EPA has determined that the comments fail to raise issues germane to the proposed recission and/or replacement of local rules from the MCAQD portion of the Arizona SIP. Therefore, we have determined that these comments do not necessitate a response, and the EPA will not provide specific responses to the comments in this notice. <HD SOURCE="HD1">III. EPA Action</HD> No comments were submitted that change our assessment of the rule recissions as described in our proposed action. Therefore, as authorized in section 110(k)(3) of the Act, the EPA is approving the rule recissions in table 1, and the inclusion of the Rules in table 2 into the Arizona SIP. The recissions will remove the previously approved Rule 22, Rule 28, Rule 32 sections G, H, J, and K, Rule 41, Rule 42 and Rule 74 section C from the SIP. Rule 320, section 306 will replace Rule 32, section G and Rule 320, section 307 will replace Rule 32, section J in the SIP. <HD SOURCE="HD1">IV. Incorporation by Reference</HD> In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. The EPA is also finalizing deletion of rules that were previously incorporated by reference from the applicable Arizona SIP. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of Maricopa Rule 320 section 306,—Odors and Gaseous Air Contaminants, Limitation—Sulfur from Other Industries, and Rule 320 section 307, Odors and Gaseous Air Contaminants, Operating Requirements—Asphalt Kettles and Dip Tanks, revised on July 2, 2003, which regulates sulfur and visible emissions from asphalt kettle or dip tanks. The EPA is also finalizing the incorporation by reference for the rescission of the Arizona rules described in the amendments to 40 CFR part 52 set forth below. Therefore, these materials have been approved by the EPA for removal from the SIP, and will be 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 in the next update to the SIP compilation. <SU>1</SU> <FTREF/> The EPA has made, and will continue to make, these documents available through <E T="03">www.regulations.gov</E> and at the EPA Region IX Office (please contact the person identified in the <E T="02">FOR FURTHER INFORMATION CONTACT</E> section of this preamble for more information). <FTNT> <SU>1</SU>  62 FR 27968 (May 22, 1997). </FTNT> <HD SOURCE="HD1">V. Statutory and Executive Order Reviews</HD> 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 State law as meeting federal requirements and does not impose additional requirements beyond those imposed by 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 <E T="03">et seq.</E> ); • 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 <E T="03">et seq.</E> ); • 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 131 ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 17k characters. 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