[Federal Register Volume 85, Number 139 (Monday, July 20, 2020)]
[Rules and Regulations]
[Pages 43692-43695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14095]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2019-0321; FRL-10009-81-Region 9]
Air Plan Conditional Approval and Disapproval; Arizona; Maricopa
County; Power Plants, Fuel Burning Equipment, and Internal Combustion
Engines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
conditional approvals for two revisions to the Maricopa County portion
of the Arizona State Implementation Plan (SIP) concerning fuel burning
equipment and internal combustion engines. The EPA is also finalizing a
disapproval for one revision to the Maricopa County portion of the
Arizona SIP concerning power plants. This action was proposed in the
Federal Register on December 30, 2019, and concerns emissions of oxides
of nitrogen (NOX) from combustion sources.
DATES: This rule is effective on August 19, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0321. 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.
FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3073 or by
email at [email protected].
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 30, 2019 (84 FR 71862), the EPA proposed action on the
following rules that were submitted for incorporation into the Arizona
SIP. Table 1 lists the rules on which the EPA is finalizing action,
with the dates they were revised by the Maricopa County Air Quality
Department (MCAQD), the dates they were submitted by the Arizona
Department of Environmental Quality (ADEQ), and the type of action that
the EPA is finalizing for each rule.
Table 1--Submitted Rules
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Rule No. Rule title Revised Submitted Action
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322............... Power Plant Operations.... November 2, 2016.... June 22, 2017....... Disapproval.
323............... Fuel Burning Equipment November 2, 2016.... June 22, 2017....... Conditional
from Industrial/ Approval.
Commercial/Institutional
(ICI) Sources.
324............... Stationary Reciprocating November 2, 2016.... June 22, 2017....... Conditional
Internal Combustion Approval.
Engines (RICE).
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[[Page 43693]]
1. Rule 322
We proposed to disapprove Rule 322 because the rule does not
satisfy the requirements of section 110 and part D of the Clean Air Act
(CAA or Act). The deficient provisions include the following:
a. Air Pollution Control Officer discretion to approve alternative
control strategies as reasonably available control technology (RACT)
without further approval from the EPA.
b. NOX emission limits for steam generating units used
for electricity generation that were less stringent than RACT.
c. Overly broad exemptions from certain requirements during
emergency fuel use operations.
d. Air Pollution Control Officer discretion to extend compliance
deadlines for applicable units.
e. Absence of a compliance determination requirement, such as a
regular stack testing requirement.
2. Rules 323 and 324
We proposed to conditionally approve these rules pursuant to CAA
section 110(k)(4) because, although rule deficiencies preclude full SIP
approval pursuant to section 110(k)(3), the rules largely comply with
the relevant CAA requirements, and the MCAQD and the ADEQ have
committed to provide the EPA with a SIP submission within one year of
this final action that will include specific rule revisions that would
adequately address the deficiencies.
Our proposed action contains more information on the rules, their
deficiencies, the MCAQD and ADEQ commitments, 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 a request to clarify certain aspects of
the proposed rulemaking from the MCAQD including the scope of the
rulemaking, the context of our stringency analysis for NOX
emission limits, and the necessary testing requirements. The MCAQD's
questions on our proposed rulemaking and our clarifications are
included in a memorandum to the rulemaking docket. These comments did
not change our assessment of the rules. No adverse comments were
received, and no comments were submitted through www.regulations.gov.
III. EPA Action
No comments were submitted that change our assessment of the rules
as described in our proposed action. As authorized in section 110(k)(3)
and 301(a) of the Act, the EPA disapproves Rule 322 for inclusion into
the Arizona SIP. As a result, offset sanctions will be imposed unless
the EPA approves a subsequent SIP revision that corrects the rule
deficiencies within 18 months of the effective date of this action.
Highway sanctions will be imposed unless the EPA approves a subsequent
SIP revision that corrects the rule deficiencies within 24 months of
the effective date of this action. These sanctions will be imposed
under section 179 of the CAA and 40 CFR 52.31. Additionally, section
110(c) requires the EPA to promulgate a federal implementation plan
(FIP) within 24 months unless we approve subsequent SIP revisions that
correct the rule deficiencies.
Secondly, as authorized in sections 110(k)(4) and 301(a) of the
CAA, the EPA conditionally approves Rules 323 and 324 into the Arizona
SIP. If the MCAQD and the ADEQ submit the necessary rule revisions by
the specified deadline, and the EPA approves the submission, then the
identified deficiencies will be cured. However, if the MCAQD, through
the ADEQ, fails to submit these revisions within the required
timeframe, the conditional approval will be treated as a disapproval
for those rules for which the revisions are not submitted. This action
incorporates the conditionally approved submitted rules into the
Arizona SIP, including those provisions identified as deficient.
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
rules described in the amendments to 40 CFR part 52 set forth below.
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 this final rulemaking, and will be
incorporated by reference in the next update to the SIP compilation.
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
Additional information about these statutes and Executive Orders
can be found at http://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not an Executive Order 13771 regulatory action
because this action is not significant under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA, because this SIP disapproval and conditional approval does not
in-and-of itself create any new information collection burdens, but
simply disapproves and conditionally approves certain State
requirements for inclusion in the SIP.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This SIP
disapproval and conditional approval does not in-and-of itself create
any new requirements but simply disapproves and conditionally approves
certain pre-existing State requirements for inclusion in the SIP.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action disapproves and conditionally approves
pre-existing requirements under State or local law and imposes no new
requirements. Accordingly, no additional costs to state, local, or
tribal governments, or to the private sector, result from this action.
F. Executive Order 13132: Federalism
This action does not have Federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the
[[Page 43694]]
distribution of power and responsibilities among the various levels of
government.
G. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because the SIP revision that the EPA is
disapproving would not 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, and will not impose substantial direct costs on
tribal governments or preempt tribal law. Thus, Executive Order 13175
does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because this SIP disapproval and conditional
approval does not in-and-of itself create any new regulations, but
simply disapproves and conditionally approves certain pre-existing
State requirements for inclusion in the SIP.
I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.
L. Congressional Review Act (CRA)
This action is subject to the 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).
M. Petitions for Judicial Review
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 September 18, 2020. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 24, 2020.
John Busterud,
Regional Administrator, Region IX.
For the reasons stated in the preamble, EPA is amending Part 52,
Chapter I, Title 40 of the Code of Federal Regulations as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart D--Arizona
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2. Amend Sec. 52.119 by adding paragraph (c)(2) to read as follows:
Sec. 52.119 Identification of plan--conditional approvals.
* * * * *
(c) * * *
(2) The EPA is conditionally approving portions of the Arizona SIP
revisions submitted on June 22, 2017. The conditional approval is based
upon the February 25, 2019 commitment from the State to submit a SIP
revision consisting of rule revisions that will cure the identified
deficiencies within twelve (12) months after the EPA's conditional
approval. If the State fails to meet its commitment, the conditional
approval will be treated as a disapproval with respect to the rules for
which the corrections are not made. The following MCAQD rules are
conditionally approved:
(i) Rule 323, Fuel Burning Equipment from Industrial/Commercial/
Institutional (ICI) Sources and;
(ii) Rule 324, Stationary Reciprocating Internal Combustion Engines
(RICE);
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3. In Sec. 52.120 amend Table 4 in paragraph (c) by revising the
entries for ``Rule 323'' and ``Rule 324'' to read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
Table 4--EPA-Approved Maricopa County Air Pollution Control Regulations
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State Additional
County citation Title/subject effective date EPA approval date explanation
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* * * * * * *
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Regulation III--Control of Air Contaminants
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[[Page 43695]]
* * * * * * *
Rule 323................... Fuel Burning 11/02/2016 7/20/2020, [INSERT Submitted on June 22,
Equipment from Federal Register 2017.
Industrial/ CITATION].
Commercial/
Institutional (ICI)
Sources.
Rule 324................... Stationary 11/02/2016 7/20/2020, [INSERT Submitted on June 22,
Reciprocating Federal Register 2017.
Internal Combustion CITATION].
Engines (RICE).
* * * * * * *
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* * * * *
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4. Amend Sec. 52.133 by adding paragraph (h) to read as follows:
Sec. 52.133 Rules and regulations.
* * * * *
(h) Maricopa County Air Quality Department Rule 322 ``Power Plant
Operations'', submitted on June 22, 2017, contains: An option for the
Air Pollution Control Officer to apply alternative emission limits to
applicable equipment, and alternative compliance deadlines, without
Agency approval of those limits and deadlines into the Arizona State
Implementation Plan; limits that have not been demonstrated to meet
RACT; overly broad exemptions from certain requirements during
emergency fuel use operations; and a lack of sufficient compliance
determination requirements. Therefore, this rule is disapproved.
[FR Doc. 2020-14095 Filed 7-17-20; 8:45 am]
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