Air Quality State Implementation Plans: Arizona; Approval and Conditional Approval of State Implementation Plan Revisions; Maricopa County Air Quality Department; Stationary Source Permits, 13543-13550 [2019-06384]

Download as PDF Federal Register / Vol. 84, No. 66 / Friday, April 5, 2019 / Rules and Regulations premanufacture to limit exposure to dust. (ii) Release to water. Requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) where N=34. (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph (b). (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a) through (c), (i), and (k) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. (3) Determining whether a specific use is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph (a)(2)(i) of this section. (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified as glucosyltransferase, International Union of Biochemistry and Molecular Biology Number: 2.4.1.5 (PMN P–16–575, CAS No. 9032–14–8) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. (2) The significant new uses are: (i) Industrial, commercial, and consumer activities. It is a significant new use to manufacture, process, or use the substance in any manner that results in inhalation exposure. (ii) [Reserved] (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph (b). (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a) through (c), and (i) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. khammond on DSKBBV9HB2PROD with RULES Alpha 1,3-polysaccharide (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance generically identified as alpha 1,3-polysaccharide (generic) (PMN P–16–581) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. (2) The significant new uses are: (i) Industrial, commercial, and consumer activities. It is a significant VerDate Sep<11>2014 15:56 Apr 04, 2019 Jkt 247001 [FR Doc. 2019–06624 Filed 4–4–19; 8:45 am] BILLING CODE 6560–50–P § 721.11192 Glucosyltransferase, International Union of Biochemistry and Molecular Biology Number: 2.4.1.5. § 721.11193 (generic). new use to use the substance other than as a polymer additive, paper coating component, composite component, or fiber additive. It is a significant new use to manufacture, process or use the PMN substance with particle size less than 10 micrometers. (ii) [Reserved] (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph (b). (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a) through (c) and (i) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2017–0481; FRL–9991–53– Region 9] Air Quality State Implementation Plans: Arizona; Approval and Conditional Approval of State Implementation Plan Revisions; Maricopa County Air Quality Department; Stationary Source Permits Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is finalizing revisions to the Maricopa County Air Quality Department’s (MCAQD) portion of the state implementation plan (SIP) for the State of Arizona. We are finalizing full approval of Rules 210, 220, 240, and 241, and conditional approval of Rules 100 and 200. The revisions update the MCAQD’s New Source Review (NSR) permitting program for new and modified sources of air pollution. DATES: This rule is effective on May 6, 2019. ADDRESSES: The EPA has established docket number EPA–R09–OAR–2017– 0481 for this action. Generally, documents in the docket for this action are available electronically at https:// www.regulations.gov or in hard copy at EPA Region IX, 75 Hawthorne Street (AIR–3), San Francisco, California 94105–3901. While all documents in the docket are listed at https:// www.regulations.gov, some information may be publicly available only at the SUMMARY: PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 13543 hard copy location (e.g., copyrighted material, large maps, multi-volume reports), and some may not be available in either location (e.g., confidential business information (CBI)). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Shaheerah Kelly, EPA Region IX, 75 Hawthorne Street (AIR–3), San Francisco, CA 94105–3901, (415) 947– 4156, kelly.shaheerah@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, the terms ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. Table of Contents I. Proposed Action II. Summary of Public Comments and EPA Responses III. EPA Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews Definitions For the purpose of this document, we are giving meaning to certain words or initials as follows: (i) The initials ADEQ mean or refer to the Arizona Department of Environmental Quality. (ii) The initials BACT mean or refer to Best Available Control Technology. (iii) The word or initials CAA or Act mean or refer to the Clean Air Act. (iv) The initials CFR mean or refer to Code of Federal Regulations. (v) The initials or words EPA, we, us or our mean or refer to the United States Environmental Protection Agency. (vi) The initials FR mean or refer to Federal Register. (vii) The word or initials MCAQD, ‘‘the County’’ or ‘‘Maricopa County’’ mean or refer to the Maricopa County Air Quality Department, the agency with jurisdiction over stationary sources within Maricopa County, Arizona. (viii) The phrase minor NSR means the permit program applicable to new or modified sources that do not result in a new major source or a major modification. (ix) The initials NAAQS mean or refer to the National Ambient Air Quality Standards. (x) The initials NSR mean or refer to New Source Review, which includes NNSR, PSD and minor NSR. (xi) The initials NNSR mean or refer to nonattainment New Source Review. (xii) The initials PM2.5 mean or refer to particulate matter less than 2.5 micrometers. (xiii) The initials PM10 mean or refer to particulate matter less than 10 micrometers. E:\FR\FM\05APR1.SGM 05APR1 13544 Federal Register / Vol. 84, No. 66 / Friday, April 5, 2019 / Rules and Regulations (xiv) The initials PSD mean or refer to Prevention of Significant Deterioration. (xv) The initials SIP mean or refer to State Implementation Plan. (xvi) The word State means or refers to the State of Arizona. (xvii) The initials TSD mean or refer to the Technical Support Document. I. Proposed Action On June 11, 2018, the EPA proposed to approve or conditionally approve the rules listed in Table 1 for incorporation into the Arizona SIP.1 The submittals for these rules, which we refer to collectively herein as ‘‘MCAQD’s NSR submittal’’ or ‘‘the submittal,’’ represent a comprehensive revision to the MCAQD’s preconstruction review and permitting program and are intended to satisfy the requirements under part D (NNSR) of title I of the Act as well as the general preconstruction review requirements under section 110(a)(2)(C) of the Act. Our detailed analysis of these rules is provided in the TSD and Federal Register notice for the proposed rulemaking for this SIP revision approval action. TABLE 1—MCAQD SUBMITTED RULES Rule title Regulation I, Rule 100 ...... General Provisions; General Provisions and Definitions. Permits and Fees; Permit Requirements .................. Permits and Fees; Title V Permit Provisions ............ Permits and Fees; Non-Title V Permit Provisions ..... Permits and Fees; Federal Major New Source Review. Permits and Fees; Minor New Source Review ......... Regulation Regulation Regulation Regulation II, II, II, II, Rule Rule Rule Rule 200 ..... 210 2 ... 220 ..... 240 ..... Regulation II, Rule 241 ..... We proposed to approve and conditionally approve these rules because we determined that they strengthen the SIP and are mostly consistent with the relevant CAA requirements. We proposed to fully approve Rules 210, 240 and 241 as part of the MCAQD’s general and major source NSR permitting program because we determined that these rules satisfy the substantive statutory and regulatory requirements for NSR permit programs as contained in part D of title I of the Act (sections 172, 173 and 182(a)), the requirements of CAA section 110(a)(2)(C), 40 CFR 51.160–51.165, and 40 CFR 51.307. We proposed to conditionally approve Rules 100, 200, and 220 because we determined that, while they mostly satisfy the statutory and regulatory requirements of CAA section 110(a)(2)(C) and part D of title I of the Act, the rules also contained eight deficiencies that prevented full approval. In our proposed action we determined that: 1. The definitions of ‘‘PM2.5’’ and ‘‘PM10’’ in Rule 100, Sections 200.91 and 200.92 are inconsistent with the definition contained in 40 CFR 51.165(a)(1)(xxxvii), and are therefore deficient; khammond on DSKBBV9HB2PROD with RULES Adoption or amendment date Regulation & rule No. 1 83 FR 26912 (June 11, 2018). 210 also contains requirements to address the CAA title V requirements for operating permit programs, though we are not evaluating the rule for title V purposes at this time. We will evaluate Rule 210 for compliance with the requirements of title V of the Act and the EPA’s implementing regulations in 40 CFR part 70 following receipt of an official part 70 program revision submittal from Maricopa County containing this rule. 2 Rule VerDate Sep<11>2014 15:56 Apr 04, 2019 Jkt 247001 Submittal date Final action 2/3/2016 5/18/2016 Conditional Approval. 2/3/2016 2/3/2016 2/3/2016 2/3/2016 5/18/2016 5/18/2016 5/18/2016 5/18/2016 Conditional Approval. Full Approval. Full Approval.3 Full Approval. 9/7/2016 11/25/2016 Full Approval. 2. the definition of ‘‘good engineering practice stack height’’ in Rule 200, Section 201 is inconsistent with the definition for this term provided in 40 CFR 51.100(ii), and is therefore deficient; 3. the MCAQD must provide a basis under 40 CFR 51.160(e) to demonstrate that regulation of the equipment (i.e., agricultural equipment used in normal farm operations) exempted in Rule 200, Section 305.1.c is not needed for the MCAQD’s program to meet federal NSR requirements for attainment and maintenance of the NAAQS or review for compliance with the control strategy; 4. Rule 220, Sections 404.3.e and 404.3.f, for reconstructed sources and for changes associated with an emission increase greater than 10 percent of the major source threshold, are deficient because these provisions allow changes with potentially significant emission increases and should not be listed as changes that can be made after providing only a notification to the MCAQD; 5. Rule 200, Section 403.2 does not ensure the continuity of the NSR terms and conditions when a Title V or NonTitle V permit expires and is therefore deficient; 6. references to Appendix G (Incorporated Materials) in certain provisions in Rules 100 and 200 are deficient because Appendix G is neither included in the existing SIP nor has it been included in MCAQD’s NSR submittal. 7. references to the Arizona Testing Manual (ATM) in Rules 100 and 200 are deficient because they rely on provisions that are not SIP approved, and the ATM is significantly out of date and not appropriate to be relied upon as the sole basis for testing procedures; and 8. certain definitions that the MCAQD proposed be removed from the approved SIP are used in other SIP rules and therefore cannot be removed from the SIP without further justification. These deficiencies were the basis for the EPA’s proposed conditional approval of MCAQD’s NSR submittal. Before our proposal, the MCAQD and the ADEQ submitted letters committing to adopt and submit revisions to the EPA to address the identified deficiencies not later than one year from the date we take final action to approve the MCAQD’s NSR program revisions, consistent with the requirements of CAA section 110(k)(4). We also proposed to remove the following definitions from the MCAQD 3 In our notice of proposed rulemaking we proposed conditional approval of Rule 220 because it appeared that certain provisions in Section 404.3 could allow emissions increases greater than the minor NSR permit thresholds to be exempted from permit review. (Id. at footnote 1). However, upon further review of the MACAQD’s minor NSR program, we found that this determination was made in error. The provisions in Section 404 of Rule 220 are pre-empted by the requirements of Section 403, which stipulate that any change that would also result in a minor NSR modification will always require a permit revision, notwithstanding the provisions of Section 404.3. Therefore, the provisions in Rule 220, Section 404 are not deficient and we are finalizing full approval of the rule. See Section II, Response 6 of this action, for more information. PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\05APR1.SGM 05APR1 Federal Register / Vol. 84, No. 66 / Friday, April 5, 2019 / Rules and Regulations portion of the Arizona SIP because these 13545 terms are now defined in other rules or are no longer used in the SIP. TABLE 2—DEFINITIONS BEING REMOVED FROM THE ARIZONA SIP Defined term Current SIP rule Accepted ............................................................................................. Begin Actual Construction .................................................................. Bureau ................................................................................................. Calorie ................................................................................................. Combustion ......................................................................................... Device, Machine, Equipment or Other Article .................................... Elevated Terrain .................................................................................. FR (Federal Register) ......................................................................... Minor Source ....................................................................................... Mobile or Portable Sources ................................................................ Molybdenum Roaster .......................................................................... Permit Unit .......................................................................................... Plume Impaction ................................................................................. Process and Process Equipment ....................................................... Reclaiming Machinery ......................................................................... Resource Recovery Facility ................................................................ Stationary Rotating Machinery ............................................................ Statutory Major Source ....................................................................... Volatility ............................................................................................... khammond on DSKBBV9HB2PROD with RULES II. Summary of Public Comments and EPA Responses Our June 11, 2018 proposed rulemaking 4 provided a 30-day public comment period. We received a joint comment letter from the Sierra Club and Center for Biological Diversity and also received a comment from an anonymous source. Our Response to Comments document in the docket for this action summarizes the comments and includes the EPA’s full responses.5 Below, we briefly summarize the significant comments and our responses. Comment 1: The EPA informed the County that its definition of ‘‘begin actual construction’’ in Rule 100 was inconsistent with federal permit requirements in 40 CFR 51.165 and specified the issues pertaining to its definition. While we acknowledge that the definition was withdrawn from the EPA’s consideration as part of the SIP, the EPA should have required the County to revise the definition of the term ‘‘begin actual construction.’’ Response 1: At the time of the EPA’s proposed action on MCAQD’s NSR submittal, the option to disapprove the definition of ‘‘begin actual construction’’ was no longer available because the County had withdrawn the definition from its submittal. Accordingly, the comments regarding the EPA’s approval or disapproval of 4 Id at footnote 1. full text of the public comments, as well as all other documents relevant to this action, are available in the docket (visit https:// www.regulations.gov and search for Docket ID: EPA–R09–OAR–2017–0481). 5 The VerDate Sep<11>2014 15:56 Apr 04, 2019 Jkt 247001 Rule Rule Rule Rule Rule Rule Rule Rule Rule Rule Rule Rule Rule Rule Rule Rule Rule Rule Rule 2, Section 1. 21, Section D.1 (AZ R9–3–101, Paragraph 20). 2, Section 19; Rule 21, Section D.1 (AZ R9–3–101, Paragraph 24). 21, Section D.1 (AZ R9–3–101, Paragraph 26). 21, Section D.1 (AZ R9–3–101, Paragraph 33). 2, Section 25. 21, Section D.1 (AZ R9–3–101, Paragraph 55). 21, Section D.1 (AZ R9–3–101, Paragraph 69). 21, Section D.1 (AZ R9–3–101, Paragraph 99). 21, Section D.1 (AZ R9–3–101, Paragraph 100). 21, Section D.1 (AZ R9–3–101, Paragraph 101). 2, Section 68. 21, Section D.1 (AZ R9–3–101, Paragraph 124). 2, Section 73. 21, Section D.1 (AZ R9–3–101, Paragraph 134). 21, Section D.1 (AZ R9–3–101, Paragraph 139). 21, Section D.1 (AZ R9–3–101, Paragraph 156). 21, Section D.1 (AZ R9–3–101, Paragraph 158). 21, Section D.1 (AZ R9–3–101, Paragraph 170). this definition are not germane to our final rulemaking action. Comment 2: The minor NSR Rules 200 and 241 are unenforceable because the minor NSR rules in the SIP will have no federally enforceable definition of ‘‘begin actual construction.’’ Because this definition is still in effect at the county level, the County will still be allowing certain on-site construction activities before a permit is issued. Such cases could prejudice the Control Officer’s determination regarding permit approval. This situation compromises the integrity of the entire minor NSR program. Therefore, the EPA should disapprove all the minor NSR permitting rules until an adequate definition of the term ‘‘begin actual construction’’ for the minor NSR program is submitted for SIP approval. Response 2: The EPA disagrees that all the minor NSR program rules should be disapproved because they lack a definition for the term ‘‘begin actual construction.’’ The general permit program requirements found in 40 CFR 51.160–164, which specify the minimum requirements that apply to all NSR programs, do not contain a requirement like the ones found in 40 CFR 51.165 and 51.166, which provide that major NSR program rules must include specified definitions. While some permit agencies rely on the same definitions contained in their major NSR programs for their minor NSR program, there is no regulatory requirement to do so. Therefore, the lack of a definition for the term ‘‘begin actual construction’’ is not inconsistent with PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 the EPA regulations for minor NSR programs. Maricopa County’s current SIPapproved permit program does not contain a definition of the term ‘‘begin actual construction’’ for minor sources. Maricopa County’s local rules have contained the current definition of ‘‘begin actual construction’’ since February 3, 2016. However, we are not aware of any situations where the lack of such a definition or the current definition has prejudiced the Control Officer when determining if a permit should be issued and the commenter did not provide any examples. We note that Maricopa County has provided the EPA with a copy of proposed rule revisions, which include a definition for the term ‘‘begin actual construction’’ that is consistent with the definition of the same term found in 40 CFR 51.165(a)(1)(xv). Comment 3: The EPA must require Maricopa County to demonstrate that minor modifications at existing sources with emission increases below the minor NSR modification thresholds will not interfere with attainment or maintenance of the NAAQS or violate the control strategy, because without such a demonstration, the EPA cannot ensure that Maricopa County’s minor NSR program satisfies the core requirement that the County be able to prevent modification of a source if it would interfere with attainment or maintenance of the NAAQS pursuant to 40 CFR 51.160 and section 110(a)(2)(C) of the CAA. Response 3: The EPA disagrees with the conclusions provided in the E:\FR\FM\05APR1.SGM 05APR1 khammond on DSKBBV9HB2PROD with RULES 13546 Federal Register / Vol. 84, No. 66 / Friday, April 5, 2019 / Rules and Regulations comment regarding the type of demonstration required to satisfy the provisions of 40 CFR 51.160(a), (b) and (e). The commenters do not claim that any of these individual provisions were not met, but instead claim that in order to approve Maricopa County’s minor source NSR program, the EPA must require Maricopa County to provide an analysis demonstrating that emission increases lower than the minor NSR modification thresholds will not interfere with attainment or maintenance of the NAAQS. This is an incorrect reading of the requirements of the cited provisions. CAA section 110(a)(2)(C) requires a permit program to regulate the construction and modification of sources as necessary to assure the NAAQS are achieved. The regulation of minor sources and modifications through a permit program is only one of many regulatory components considered when adopting an attainment plan to achieve a particular NAAQS. Recognizing that states have significant leeway to craft their minor source permit programs, 40 CFR 51.160(e) requires permit agencies to ‘‘identify types and sizes of facilities, buildings, structures, or installations which will be subject to review’’ and ‘‘discuss the basis for determining which facilities will be subject to review.’’ The provisions of 40 CFR 51.160(a) and (b) are only applicable to the sources identified under 40 CFR 51.160(e) as being subject to review, and paragraph (e) only requires the submittal to discuss ‘‘which facilities will be subject to review.’’ There is no requirement to demonstrate that sources not subject to the minor source permit program will not interfere with attainment or maintenance of the NAAQS. Instead, the entire NSR program must subject a sufficient number of sources (or emissions) to review to assure, in conjunction with all other plan provisions, that the NAAQS will be achieved.6 The EPA reviewed the submitted analysis and found MCAQD’s NSR submittal satisfied the requirements of 40 CFR 51.160(e) and CAA section 110(a)(2)(C) because we believe that in conjunction with other SIP provisions, an NSR program that will regulate approximately 74–83% of new stationary source emissions by requiring BACT level controls on such sources provides adequate regulation to ensure the NAAQS will be met. Comment 4: EPA proposed to conditionally approve several provisions in the Maricopa County rules 6 76 FR 38748, 38752 (July 1, 2011). VerDate Sep<11>2014 15:56 Apr 04, 2019 Jkt 247001 but did not provide any justification for the use of a conditional approval in two cases: The definitions for PM10 and PM2.5 in Rule 100, and certain procedures that do not require a NonTitle V permit revision in Rule 220. The conditional approval commitment letter provided by the ADEQ was not specific enough in its commitment to submit the Maricopa County’s SIP revision to EPA within one year from the EPA’s final action to conditionally approve MCAQD’s NSR submittal. Response 4: As discussed in Responses 5 and 6, the EPA has found that the two specific provisions raised by the commenters are not deficient. Since the EPA is no longer conditionally approving these provisions, it is not necessary to respond to the claim that the EPA did not provide an adequate justification for proposing conditional approval for these provisions. The EPA agrees that the April 6, 2018 commitment letter provided by ADEQ was not specific enough in its commitment to submit the Maricopa County’s SIP revision to the EPA within one year of final action. However, for other provisions that the EPA is conditionally approving, we note that, on October 5, 2018, the ADEQ provided the EPA with a clarification letter that includes a commitment by the ADEQ to submit Maricopa County’s corrections of the identified deficiencies in this rulemaking within one year of the EPA’s final action conditionally approving MCAQD’s NSR submittal. This commitment by the ADEQ is sufficiently specific to justify the conditional approvals within this rulemaking. Comment 5: Failure to properly define PM10 and PM2.5 represents a significant deficiency in the permit programs and conditional approval means neither the major nor minor NSR program will adequately provide for protection of the PM10 and PM2.5 NAAQS. The EPA should disapprove the definitions of PM10 and PM2.5 rather than conditionally approving the County’s permit programs. Response 5: The EPA proposed conditional approval of Rule 100, in part because the EPA found that the definitions of PM10 and PM2.5 did not include gaseous emissions, which form particulates. Upon further review, the EPA has determined that our initial analysis was incorrect. The definition of ‘‘Regulated NSR Pollutant’’ contained in both Rule 100 and 240 incorporates the definition of this same term as found in 40 CFR 51.165(a)(1)(xxxvii)(D). The incorporated definition states that ‘‘PM2.5 emissions and PM10 emissions shall include gaseous emissions from a source or activity which condense to PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 form particulate matter at ambient temperatures.’’ Because Rule 100 is not deficient for the reasons the EPA cited in our proposed action, the merits of this comment and our proposed disapproval are moot and are not discussed further. The EPA recommends, however, that Maricopa County consider revising the definitions of these terms in Rule 100 to provide clarity to the regulated community. Comment 6: All the provisions of Rule 220, Section 404.3, (except subsection d.), are not approvable because the changes could adversely impact air quality and because of the significance of the changes that could be allowed at a facility. Response 6: The EPA disagrees that these provisions are not approvable. In our proposed action, the EPA failed to note that the provisions of Rule 220, Section 404 are pre-empted by the requirements of Section 403, which lists the types of changes requiring a permit revision. Pursuant to Subsection 403.2.k., any change that would also result in a minor NSR modification will always require a permit revision, notwithstanding the provisions of Section 404.3. Thus the ‘‘exemptions’’ allowed under Section 404.3 are limited to changes resulting in emission increases lower than the minor NSR modification thresholds. As the EPA discussed earlier in Response 3, Maricopa County provided an analysis in the MCAQD’s NSR submittal that provides a reasonable basis for choosing the size of sources (based on emission increases) that require permit regulation to attain or maintain the NAAQS. Accordingly, the EPA no longer finds paragraphs e. and f. of Section 404.3 deficient and is fully approving Rule 220, including Section 404.3. III. EPA Action No comments were submitted that change our assessment that the MCAQD’s Rules 210, 220, 240, and 241 satisfy the applicable CAA requirements, nor were any comments submitted that change our assessment discussed in our proposal that certain MCAQD rules should be removed from the Arizona SIP. Therefore, as authorized under CAA sections 110(k)(3) and 301(a), and for the reasons set forth in our June 11, 2018 proposed rule, we are finalizing full approval of Rules 210, 220, 240, and 241, as described in Table 1, in the MCAQD portion of the Arizona SIP, and removing from the MCAQD portion of the Arizona SIP the rules identified in Table 2. While we cannot grant full approval of Rules 100 and 200 at this time, the E:\FR\FM\05APR1.SGM 05APR1 Federal Register / Vol. 84, No. 66 / Friday, April 5, 2019 / Rules and Regulations khammond on DSKBBV9HB2PROD with RULES MCAQD and the ADEQ have satisfactorily committed to address the identified deficiencies by committing to provide the EPA with a SIP submission within one year of this final action, which will include specific rule revisions and/or demonstrations that would adequately address the issues identified in our proposal and Section II above. If the MCAQD, through the ADEQ, submits the rule revisions and/or demonstrations that it has committed to submit by this 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 and/or demonstrations within the required timeframe, the conditional approval will become a disapproval, and the EPA will issue a finding of disapproval. The EPA is not required to propose the finding of disapproval. We did not receive any comments that would cause us to change the determinations that were the basis for our proposed conditional approval action; thus, we are finalizing a conditional approval of the MCAQD’s Rules 100 and 200 pursuant to CAA section 110(k)(4). As discussed in Section II of this action, the list of identified rule deficiencies has changed as follows: (1) We are no longer finding the Rule 100 definitions of PM10 and PM2.5 to be deficient; (2) we are no longer finding the provisions of Rule 220, Sections 404.3.e. and f. to be deficient; and (3) we are approving removal of the definition of ‘‘Begin Actual Construction’’ in Rule 21, Section D.1 (AZ R9–3–101, Paragraph 20) in the current SIP. This action incorporates these rules into the federally enforceable SIP through revisions to 40 CFR 52.120 (Identification of plan) and 40 CFR 52.119 (Identification of plans— conditional approvals). 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 Table 1 of this preamble. The EPA has made, and will continue to make, these materials available through https:// www.regulations.gov and in hard copy at the EPA Region IX office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by the EPA for inclusion in VerDate Sep<11>2014 15:56 Apr 04, 2019 Jkt 247001 the Arizona SIP, have been incorporated by reference by the EPA into that plan, are 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.7 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 applicable 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 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; • 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 an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • 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 7 62 PO 00000 FR 27968 (May 22, 1997). Frm 00049 Fmt 4700 Sfmt 4700 13547 be inconsistent with the Clean Air Act; and • Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). 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). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. 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 4, 2019. 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 CAA section 307(b)(2).). List of Subjects in 40 CFR Part 52 Administrative practice and procedure, Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. E:\FR\FM\05APR1.SGM 05APR1 13548 Federal Register / Vol. 84, No. 66 / Friday, April 5, 2019 / Rules and Regulations Dated: March 20, 2019. Deborah Jordan, Acting Regional Administrator, Region IX. Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart D—Arizona 2. Section 52.119 is amended by adding in paragraph (b) to read as follows: ■ § 52.119 Identification of plan—conditional approvals. * * * * * (b) A plan revision for the Maricopa County Air Quality Department (MCAQD) submitted May 18, 2016, by the Arizona Department of Environmental Quality (ADEQ), the Governor’s designee, updating the MCAQD’s Clean Air Act (CAA) new source review (NSR) program with respect to deficiencies identified by the EPA in Regulation I, Rule 100 and Regulation II, Rule 200. This plan revision is conditionally approved as follows: (1) The conditional approval is based on the April 6, 2018 and October 5, 2018 commitments from the ADEQ, and on the April 2, 2018 letter from the MCAQD to the ADEQ requesting submittal of a letter of commitment for conditional approval, to submit a SIP revision consisting of rule revisions and/or demonstrations to the ADEQ within eleven (11) months after the EPA’s approval, to allow the ADEQ to make the final submission to the EPA not later than twelve (12) months after the EPA’s approval that will correct the deficiencies identified in this final notice. If the State fails to meet its commitment by that date that is twelve (12) months after the EPA’s approval, the conditional approval will be treated as a disapproval to deficiencies identified by the EPA in Regulation I, Rule 100; and Regulation II, Rule 200. (2) [Reserved] 3. Section 52.120 is amended in paragraph (c) by revising Table 4 to read as follows: ■ § 52.120 * Identification of plan. * * (c) * * * * * TABLE 4—EPA-APPROVED MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS County citation Title/subject State effective date EPA approval date Additional explanation Pre-July 1988 Rule Codification khammond on DSKBBV9HB2PROD with RULES Regulation I—General Provisions Rule 2, No. 11 ‘‘Alteration or Modification’’. Definitions .......................... June 23, 1980 ...... June 18, 1982, 47 FR 26382. Rule 2, No. 27 ‘‘Dust’’ ........ Definitions .......................... June 23, 1980 ...... April 12, 1982, 47 FR 15579. Rule 2, No. 29 ‘‘Emission’’ Definitions .......................... June 23, 1980 ...... April 12, 1982, 47 FR 15579. Rule 2, No. 34 ‘‘Existing Source Performance Standards’’. Definitions .......................... June 23, 1980 ...... April 12, 1982, 47 FR 15579. Rule 2, No. 37 ‘‘Fly Ash’’ ... Definitions .......................... June 23, 1980 ...... April 12, 1982, 47 FR 15579. Rule 2, No. 39 ‘‘Fuel’’ ........ Definitions .......................... June 23, 1980 ...... April 12, 1982, 47 FR 15579. Rule 2, No. 42 ‘‘Fume’’ ...... Definitions .......................... June 23, 1980 ...... April 12, 1982, 47 FR 15579. Rule 2, No. 55 ‘‘Motor Vehicle’’. Definitions .......................... June 23, 1980 ...... April 12, 1982, 47 FR 15579. Rule 2, No. 59 ‘‘Non-Point Source’’. Definitions .......................... June 23, 1980 ...... April 12, 1982, 47 FR 15579. VerDate Sep<11>2014 15:56 Apr 04, 2019 Jkt 247001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 Submitted on March 8, 1982. Revised on April 5, 2019, [INSERT Federal Register CITATION] to remove the definition for No. 33 ‘‘Existing Source’’ which was superseded by Rule 100 submitted on May 18, 2016. Submitted on June 23, 1980. Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on June 23, 1980. Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on June 23, 1980. Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on June 23, 1980. Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on June 23, 1980. Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on June 23, 1980. Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on June 23, 1980. Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on June 23, 1980. Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016. E:\FR\FM\05APR1.SGM 05APR1 Federal Register / Vol. 84, No. 66 / Friday, April 5, 2019 / Rules and Regulations 13549 TABLE 4—EPA-APPROVED MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS—Continued County citation Title/subject State effective date Rule 2, No. 60 ‘‘Odors’’ ...... Definitions .......................... June 23, 1980 ...... April 12, 1982, 47 FR 15579. Rule 2, No. 64 ‘‘Organic Solvent’’. Definitions .......................... June 23, 1980 ...... April 12, 1982, 47 FR 15579. Rule 2, No. 70 ‘‘Plume’’ ..... Definitions .......................... June 23, 1980 ...... April 12, 1982, 47 FR 15579. Rule 2, No. 80 ‘‘Smoke’’ .... Definitions .......................... June 23, 1980 ...... April 12, 1982, 47 FR 15579. Rule 2, No. 91 ‘‘Vapor’’ ...... Definitions .......................... June 23, 1980 ...... April 12, 1982, 47 FR 15579. EPA approval date Additional explanation Submitted on June 23, 1980. Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on June 23, 1980. Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on June 23, 1980. Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on June 23, 1980. Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on June 23, 1980. Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016. khammond on DSKBBV9HB2PROD with RULES Regulation II—Permits Rule 21, Section D.1 (AZ R9–3–101, Paragraph 52 ‘‘Dust’’). Procedures for obtaining an installation permit. October 25, 1982 August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219. Rule 21, Section D.1 (AZ R9–3–101, Paragraph 56 ‘‘Emission’’). Procedures for obtaining an installation permit. October 25, 1982 August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219. Rule 21, Section D.1 (AZ R9–3–101, Paragraph 63 ‘‘Existing Source Performance Standards’’). Procedures for obtaining an installation permit. October 25, 1982 August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219. Rule 21, Section D.1 (AZ R9–3–101, Paragraph 70 ‘‘Fuel’’). Procedures for obtaining an installation permit. October 25, 1982 August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219. Rule 21, Section D.1 (AZ R9–3–101, Paragraph 71 ‘‘Fuel Burning Equipment’’). Procedures for obtaining an installation permit. October 25, 1982 August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219. Rule 21, Section D.1 (AZ R9–3–101, Paragraph 74 ‘‘Fume’’). Procedures for obtaining an installation permit. October 25, 1982 August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219. Rule 21, Section D.1 (AZ R9–3–101, Paragraph 103 ‘‘Motor Vehicle’’). Procedures for obtaining an installation permit. October 25, 1982 August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219. Rule 21, Section D.1 (AZ R9–3–101, Paragraph 114 ‘‘Non-Point Source’’). Procedures for obtaining an installation permit. October 25, 1982 August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219. Rule 21, Section D.1 (AZ R9–3–101, Paragraph 122 ‘‘Photochemically Reactive Solvent’’). Procedures for obtaining an installation permit. October 25, 1982 August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219. Rule 21, Section D.1 (AZ R9–3–101, Paragraph 123 ‘‘Plume’’). Procedures for obtaining an installation permit. October 25, 1982 August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219. VerDate Sep<11>2014 15:56 Apr 04, 2019 Jkt 247001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 Submitted on March 4, 1983.† Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on March 4, 1983.† Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on March 4, 1983.† Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on March 4, 1983.† Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on March 4, 1983.† Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on March 4, 1983.† Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on March 4, 1983.† Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on March 4, 1983.† Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on March 4, 1983.† Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on March 4, 1983.† Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016. E:\FR\FM\05APR1.SGM 05APR1 13550 Federal Register / Vol. 84, No. 66 / Friday, April 5, 2019 / Rules and Regulations TABLE 4—EPA-APPROVED MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS—Continued County citation State effective date Title/subject EPA approval date Additional explanation Submitted on March 4, 1983.† Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on March 4, 1983.† Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on March 4, 1983.† Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on March 4, 1983.† Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on March 4, 1983.† Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on March 4, 1983.† Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on March 4, 1983.† Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Submitted on March 4, 1983.† Revised on April 5, 2019, [INSERT Federal Register CITATION]. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016. Rule 21, Section D.1 (AZ R9–3–101, Paragraph 128 ‘‘Process’’). Procedures for obtaining an installation permit. October 25, 1982 August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219. Rule 21, Section D.1 (AZ R9–3–101, Paragraph 129 ‘‘Process Source’’). Procedures for obtaining an installation permit. October 25, 1982 August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219. Rule 21, Section D.1 (AZ R9–3–101, Paragraph 150 ‘‘Smoke’’). Procedures for obtaining an installation permit. October 25, 1982 August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219. Rule 21, Section D.1 (AZ R9–3–101, Paragraph 152 ‘‘Soot’’). Procedures for obtaining an installation permit. October 25, 1982 August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219. Rule 21, Section D.1 (AZ R9–3–101, Paragraph 160 ‘‘Supplementary Control System (SCS)’’). Procedures for obtaining an installation permit. October 25, 1982 August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219. Rule 21, Section D.1 (AZ R9–3–101, Paragraph 166 ‘‘Vapor’’). Procedures for obtaining an installation permit. October 25, 1982 August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219. Rule 21, Section D.1 (AZ R9–3–101, Paragraph 167 ‘‘Vapor Pressure’’). Procedures for obtaining an installation permit. October 25, 1982 August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219. Rule 21, Section D.1 (AZ R9–3–101, Paragraph 168 ‘‘Visible Emissions’’). Procedures for obtaining an installation permit. October 25, 1982 August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219. * * * * * * * Post-July 1988 Rule Codification Regulation I—General Provisions Rule 100 (except Sections 200.24, 200.73, 200.104(c)). General Provisions and Definitions. * * February 3, 2016 April 5, 2019, [INSERT Federal Register CITATION]. * * Submitted on May 18, 2016. * * * khammond on DSKBBV9HB2PROD with RULES Regulation II—Permits and Fees Rule 200 ............................. Permit Requirements ......... February 3, 2016 Rule 210 ............................. Title V Permit Provisions ... February 3, 2016 Rule 220 ............................. Non-Title V Permit Provisions. February 3, 2016 Rule 240 (except Section 305). Federal Major New Source Review (NSR). February 3, 2016 Rule 241 ............................. Minor New Source Review (NSR). February 3, 2016 * * [INSERT Federal Register CITATION], April 5, 2019. April 5, 2019, [INSERT Federal Register CITATION]. April 5, 2019, [INSERT Federal Register CITATION]. April 5, 2019, [INSERT Federal Register CITATION]. April 5, 2019, [INSERT Federal Register CITATION]. * * Submitted on May 18, 2016. Submitted on May 18, 2016. Submitted on May 18, 2016. Submitted on May 18, 2016. Submitted on November 25, 2016. * * * †Vacated by the U.S. Court of Appeals for the Ninth Circuit in Delaney v. EPA, 898 F.2d 687 (9th Cir. 1990). Restored on January 29, 1991, 56 FR 3219. * * * * * [FR Doc. 2019–06384 Filed 4–4–19; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 15:56 Apr 04, 2019 Jkt 247001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\05APR1.SGM 05APR1

Agencies

[Federal Register Volume 84, Number 66 (Friday, April 5, 2019)]
[Rules and Regulations]
[Pages 13543-13550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06384]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0481; FRL-9991-53-Region 9]


Air Quality State Implementation Plans: Arizona; Approval and 
Conditional Approval of State Implementation Plan Revisions; Maricopa 
County Air Quality Department; Stationary Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
revisions to the Maricopa County Air Quality Department's (MCAQD) 
portion of the state implementation plan (SIP) for the State of 
Arizona. We are finalizing full approval of Rules 210, 220, 240, and 
241, and conditional approval of Rules 100 and 200. The revisions 
update the MCAQD's New Source Review (NSR) permitting program for new 
and modified sources of air pollution.

DATES: This rule is effective on May 6, 2019.

ADDRESSES: The EPA has established docket number EPA-R09-OAR-2017-0481 
for this action. Generally, documents in the docket for this action are 
available electronically at https://www.regulations.gov or in hard copy 
at EPA Region IX, 75 Hawthorne Street (AIR-3), San Francisco, 
California 94105-3901. While all documents in the docket are listed at 
https://www.regulations.gov, some information may be publicly available 
only at the hard copy location (e.g., copyrighted material, large maps, 
multi-volume reports), and some may not be available in either location 
(e.g., confidential business information (CBI)). To inspect the hard 
copy materials, please schedule an appointment during normal business 
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT 
section.

FOR FURTHER INFORMATION CONTACT: Shaheerah Kelly, EPA Region IX, 75 
Hawthorne Street (AIR-3), San Francisco, CA 94105-3901, (415) 947-4156, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' 
``us,'' and ``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Summary of Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The initials ADEQ mean or refer to the Arizona Department of 
Environmental Quality.
    (ii) The initials BACT mean or refer to Best Available Control 
Technology.
    (iii) The word or initials CAA or Act mean or refer to the Clean 
Air Act.
    (iv) The initials CFR mean or refer to Code of Federal Regulations.
    (v) The initials or words EPA, we, us or our mean or refer to the 
United States Environmental Protection Agency.
    (vi) The initials FR mean or refer to Federal Register.
    (vii) The word or initials MCAQD, ``the County'' or ``Maricopa 
County'' mean or refer to the Maricopa County Air Quality Department, 
the agency with jurisdiction over stationary sources within Maricopa 
County, Arizona.
    (viii) The phrase minor NSR means the permit program applicable to 
new or modified sources that do not result in a new major source or a 
major modification.
    (ix) The initials NAAQS mean or refer to the National Ambient Air 
Quality Standards.
    (x) The initials NSR mean or refer to New Source Review, which 
includes NNSR, PSD and minor NSR.
    (xi) The initials NNSR mean or refer to nonattainment New Source 
Review.
    (xii) The initials PM2.5 mean or refer to particulate matter less 
than 2.5 micrometers.
    (xiii) The initials PM10 mean or refer to particulate matter less 
than 10 micrometers.

[[Page 13544]]

    (xiv) The initials PSD mean or refer to Prevention of Significant 
Deterioration.
    (xv) The initials SIP mean or refer to State Implementation Plan.
    (xvi) The word State means or refers to the State of Arizona.
    (xvii) The initials TSD mean or refer to the Technical Support 
Document.

I. Proposed Action

    On June 11, 2018, the EPA proposed to approve or conditionally 
approve the rules listed in Table 1 for incorporation into the Arizona 
SIP.\1\ The submittals for these rules, which we refer to collectively 
herein as ``MCAQD's NSR submittal'' or ``the submittal,'' represent a 
comprehensive revision to the MCAQD's preconstruction review and 
permitting program and are intended to satisfy the requirements under 
part D (NNSR) of title I of the Act as well as the general 
preconstruction review requirements under section 110(a)(2)(C) of the 
Act. Our detailed analysis of these rules is provided in the TSD and 
Federal Register notice for the proposed rulemaking for this SIP 
revision approval action.
---------------------------------------------------------------------------

    \1\ 83 FR 26912 (June 11, 2018).

                                         Table 1--MCAQD Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                               Adoption or
      Regulation & rule No.               Rule title         amendment date  Submittal date      Final action
----------------------------------------------------------------------------------------------------------------
Regulation I, Rule 100...........  General Provisions;             2/3/2016       5/18/2016  Conditional
                                    General Provisions and                                    Approval.
                                    Definitions.
Regulation II, Rule 200..........  Permits and Fees; Permit        2/3/2016       5/18/2016  Conditional
                                    Requirements.                                             Approval.
Regulation II, Rule 210 \2\......  Permits and Fees; Title         2/3/2016       5/18/2016  Full Approval.
                                    V Permit Provisions.
Regulation II, Rule 220..........  Permits and Fees; Non-          2/3/2016       5/18/2016  Full Approval.\3\
                                    Title V Permit
                                    Provisions.
Regulation II, Rule 240..........  Permits and Fees;               2/3/2016       5/18/2016  Full Approval.
                                    Federal Major New
                                    Source Review.
Regulation II, Rule 241..........  Permits and Fees; Minor         9/7/2016      11/25/2016  Full Approval.
                                    New Source Review.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve and conditionally approve these rules 
because we determined that they strengthen the SIP and are mostly 
consistent with the relevant CAA requirements. We proposed to fully 
approve Rules 210, 240 and 241 as part of the MCAQD's general and major 
source NSR permitting program because we determined that these rules 
satisfy the substantive statutory and regulatory requirements for NSR 
permit programs as contained in part D of title I of the Act (sections 
172, 173 and 182(a)), the requirements of CAA section 110(a)(2)(C), 40 
CFR 51.160-51.165, and 40 CFR 51.307.
---------------------------------------------------------------------------

    \2\ Rule 210 also contains requirements to address the CAA title 
V requirements for operating permit programs, though we are not 
evaluating the rule for title V purposes at this time. We will 
evaluate Rule 210 for compliance with the requirements of title V of 
the Act and the EPA's implementing regulations in 40 CFR part 70 
following receipt of an official part 70 program revision submittal 
from Maricopa County containing this rule.
    \3\ In our notice of proposed rulemaking we proposed conditional 
approval of Rule 220 because it appeared that certain provisions in 
Section 404.3 could allow emissions increases greater than the minor 
NSR permit thresholds to be exempted from permit review. (Id. at 
footnote 1). However, upon further review of the MACAQD's minor NSR 
program, we found that this determination was made in error. The 
provisions in Section 404 of Rule 220 are pre-empted by the 
requirements of Section 403, which stipulate that any change that 
would also result in a minor NSR modification will always require a 
permit revision, notwithstanding the provisions of Section 404.3. 
Therefore, the provisions in Rule 220, Section 404 are not deficient 
and we are finalizing full approval of the rule. See Section II, 
Response 6 of this action, for more information.
---------------------------------------------------------------------------

    We proposed to conditionally approve Rules 100, 200, and 220 
because we determined that, while they mostly satisfy the statutory and 
regulatory requirements of CAA section 110(a)(2)(C) and part D of title 
I of the Act, the rules also contained eight deficiencies that 
prevented full approval. In our proposed action we determined that:
    1. The definitions of ``PM2.5'' and ``PM10'' 
in Rule 100, Sections 200.91 and 200.92 are inconsistent with the 
definition contained in 40 CFR 51.165(a)(1)(xxxvii), and are therefore 
deficient;
    2. the definition of ``good engineering practice stack height'' in 
Rule 200, Section 201 is inconsistent with the definition for this term 
provided in 40 CFR 51.100(ii), and is therefore deficient;
    3. the MCAQD must provide a basis under 40 CFR 51.160(e) to 
demonstrate that regulation of the equipment (i.e., agricultural 
equipment used in normal farm operations) exempted in Rule 200, Section 
305.1.c is not needed for the MCAQD's program to meet federal NSR 
requirements for attainment and maintenance of the NAAQS or review for 
compliance with the control strategy;
    4. Rule 220, Sections 404.3.e and 404.3.f, for reconstructed 
sources and for changes associated with an emission increase greater 
than 10 percent of the major source threshold, are deficient because 
these provisions allow changes with potentially significant emission 
increases and should not be listed as changes that can be made after 
providing only a notification to the MCAQD;
    5. Rule 200, Section 403.2 does not ensure the continuity of the 
NSR terms and conditions when a Title V or Non-Title V permit expires 
and is therefore deficient;
    6. references to Appendix G (Incorporated Materials) in certain 
provisions in Rules 100 and 200 are deficient because Appendix G is 
neither included in the existing SIP nor has it been included in 
MCAQD's NSR submittal.
    7. references to the Arizona Testing Manual (ATM) in Rules 100 and 
200 are deficient because they rely on provisions that are not SIP 
approved, and the ATM is significantly out of date and not appropriate 
to be relied upon as the sole basis for testing procedures; and
    8. certain definitions that the MCAQD proposed be removed from the 
approved SIP are used in other SIP rules and therefore cannot be 
removed from the SIP without further justification.
    These deficiencies were the basis for the EPA's proposed 
conditional approval of MCAQD's NSR submittal. Before our proposal, the 
MCAQD and the ADEQ submitted letters committing to adopt and submit 
revisions to the EPA to address the identified deficiencies not later 
than one year from the date we take final action to approve the MCAQD's 
NSR program revisions, consistent with the requirements of CAA section 
110(k)(4).
    We also proposed to remove the following definitions from the MCAQD

[[Page 13545]]

portion of the Arizona SIP because these terms are now defined in other 
rules or are no longer used in the SIP.

         Table 2--Definitions Being Removed From the Arizona SIP
------------------------------------------------------------------------
             Defined term                       Current SIP rule
------------------------------------------------------------------------
Accepted..............................  Rule 2, Section 1.
Begin Actual Construction.............  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 20).
Bureau................................  Rule 2, Section 19; Rule 21,
                                         Section D.1 (AZ R9-3-101,
                                         Paragraph 24).
Calorie...............................  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 26).
Combustion............................  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 33).
Device, Machine, Equipment or Other     Rule 2, Section 25.
 Article.
Elevated Terrain......................  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 55).
FR (Federal Register).................  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 69).
Minor Source..........................  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 99).
Mobile or Portable Sources............  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 100).
Molybdenum Roaster....................  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 101).
Permit Unit...........................  Rule 2, Section 68.
Plume Impaction.......................  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 124).
Process and Process Equipment.........  Rule 2, Section 73.
Reclaiming Machinery..................  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 134).
Resource Recovery Facility............  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 139).
Stationary Rotating Machinery.........  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 156).
Statutory Major Source................  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 158).
Volatility............................  Rule 21, Section D.1 (AZ R9-3-
                                         101, Paragraph 170).
------------------------------------------------------------------------

II. Summary of Public Comments and EPA Responses

    Our June 11, 2018 proposed rulemaking \4\ provided a 30-day public 
comment period. We received a joint comment letter from the Sierra Club 
and Center for Biological Diversity and also received a comment from an 
anonymous source. Our Response to Comments document in the docket for 
this action summarizes the comments and includes the EPA's full 
responses.\5\ Below, we briefly summarize the significant comments and 
our responses.
---------------------------------------------------------------------------

    \4\ Id at footnote 1.
    \5\ The full text of the public comments, as well as all other 
documents relevant to this action, are available in the docket 
(visit https://www.regulations.gov and search for Docket ID: EPA-
R09-OAR-2017-0481).
---------------------------------------------------------------------------

    Comment 1: The EPA informed the County that its definition of 
``begin actual construction'' in Rule 100 was inconsistent with federal 
permit requirements in 40 CFR 51.165 and specified the issues 
pertaining to its definition. While we acknowledge that the definition 
was withdrawn from the EPA's consideration as part of the SIP, the EPA 
should have required the County to revise the definition of the term 
``begin actual construction.''
    Response 1: At the time of the EPA's proposed action on MCAQD's NSR 
submittal, the option to disapprove the definition of ``begin actual 
construction'' was no longer available because the County had withdrawn 
the definition from its submittal. Accordingly, the comments regarding 
the EPA's approval or disapproval of this definition are not germane to 
our final rulemaking action.
    Comment 2: The minor NSR Rules 200 and 241 are unenforceable 
because the minor NSR rules in the SIP will have no federally 
enforceable definition of ``begin actual construction.'' Because this 
definition is still in effect at the county level, the County will 
still be allowing certain on-site construction activities before a 
permit is issued. Such cases could prejudice the Control Officer's 
determination regarding permit approval. This situation compromises the 
integrity of the entire minor NSR program. Therefore, the EPA should 
disapprove all the minor NSR permitting rules until an adequate 
definition of the term ``begin actual construction'' for the minor NSR 
program is submitted for SIP approval.
    Response 2: The EPA disagrees that all the minor NSR program rules 
should be disapproved because they lack a definition for the term 
``begin actual construction.'' The general permit program requirements 
found in 40 CFR 51.160-164, which specify the minimum requirements that 
apply to all NSR programs, do not contain a requirement like the ones 
found in 40 CFR 51.165 and 51.166, which provide that major NSR program 
rules must include specified definitions. While some permit agencies 
rely on the same definitions contained in their major NSR programs for 
their minor NSR program, there is no regulatory requirement to do so. 
Therefore, the lack of a definition for the term ``begin actual 
construction'' is not inconsistent with the EPA regulations for minor 
NSR programs.
    Maricopa County's current SIP-approved permit program does not 
contain a definition of the term ``begin actual construction'' for 
minor sources. Maricopa County's local rules have contained the current 
definition of ``begin actual construction'' since February 3, 2016. 
However, we are not aware of any situations where the lack of such a 
definition or the current definition has prejudiced the Control Officer 
when determining if a permit should be issued and the commenter did not 
provide any examples. We note that Maricopa County has provided the EPA 
with a copy of proposed rule revisions, which include a definition for 
the term ``begin actual construction'' that is consistent with the 
definition of the same term found in 40 CFR 51.165(a)(1)(xv).
    Comment 3: The EPA must require Maricopa County to demonstrate that 
minor modifications at existing sources with emission increases below 
the minor NSR modification thresholds will not interfere with 
attainment or maintenance of the NAAQS or violate the control strategy, 
because without such a demonstration, the EPA cannot ensure that 
Maricopa County's minor NSR program satisfies the core requirement that 
the County be able to prevent modification of a source if it would 
interfere with attainment or maintenance of the NAAQS pursuant to 40 
CFR 51.160 and section 110(a)(2)(C) of the CAA.
    Response 3: The EPA disagrees with the conclusions provided in the

[[Page 13546]]

comment regarding the type of demonstration required to satisfy the 
provisions of 40 CFR 51.160(a), (b) and (e). The commenters do not 
claim that any of these individual provisions were not met, but instead 
claim that in order to approve Maricopa County's minor source NSR 
program, the EPA must require Maricopa County to provide an analysis 
demonstrating that emission increases lower than the minor NSR 
modification thresholds will not interfere with attainment or 
maintenance of the NAAQS. This is an incorrect reading of the 
requirements of the cited provisions.
    CAA section 110(a)(2)(C) requires a permit program to regulate the 
construction and modification of sources as necessary to assure the 
NAAQS are achieved. The regulation of minor sources and modifications 
through a permit program is only one of many regulatory components 
considered when adopting an attainment plan to achieve a particular 
NAAQS. Recognizing that states have significant leeway to craft their 
minor source permit programs, 40 CFR 51.160(e) requires permit agencies 
to ``identify types and sizes of facilities, buildings, structures, or 
installations which will be subject to review'' and ``discuss the basis 
for determining which facilities will be subject to review.'' The 
provisions of 40 CFR 51.160(a) and (b) are only applicable to the 
sources identified under 40 CFR 51.160(e) as being subject to review, 
and paragraph (e) only requires the submittal to discuss ``which 
facilities will be subject to review.'' There is no requirement to 
demonstrate that sources not subject to the minor source permit program 
will not interfere with attainment or maintenance of the NAAQS. 
Instead, the entire NSR program must subject a sufficient number of 
sources (or emissions) to review to assure, in conjunction with all 
other plan provisions, that the NAAQS will be achieved.\6\
---------------------------------------------------------------------------

    \6\ 76 FR 38748, 38752 (July 1, 2011).
---------------------------------------------------------------------------

    The EPA reviewed the submitted analysis and found MCAQD's NSR 
submittal satisfied the requirements of 40 CFR 51.160(e) and CAA 
section 110(a)(2)(C) because we believe that in conjunction with other 
SIP provisions, an NSR program that will regulate approximately 74-83% 
of new stationary source emissions by requiring BACT level controls on 
such sources provides adequate regulation to ensure the NAAQS will be 
met.
    Comment 4: EPA proposed to conditionally approve several provisions 
in the Maricopa County rules but did not provide any justification for 
the use of a conditional approval in two cases: The definitions for 
PM10 and PM2.5 in Rule 100, and certain 
procedures that do not require a Non-Title V permit revision in Rule 
220. The conditional approval commitment letter provided by the ADEQ 
was not specific enough in its commitment to submit the Maricopa 
County's SIP revision to EPA within one year from the EPA's final 
action to conditionally approve MCAQD's NSR submittal.
    Response 4: As discussed in Responses 5 and 6, the EPA has found 
that the two specific provisions raised by the commenters are not 
deficient. Since the EPA is no longer conditionally approving these 
provisions, it is not necessary to respond to the claim that the EPA 
did not provide an adequate justification for proposing conditional 
approval for these provisions. The EPA agrees that the April 6, 2018 
commitment letter provided by ADEQ was not specific enough in its 
commitment to submit the Maricopa County's SIP revision to the EPA 
within one year of final action. However, for other provisions that the 
EPA is conditionally approving, we note that, on October 5, 2018, the 
ADEQ provided the EPA with a clarification letter that includes a 
commitment by the ADEQ to submit Maricopa County's corrections of the 
identified deficiencies in this rulemaking within one year of the EPA's 
final action conditionally approving MCAQD's NSR submittal. This 
commitment by the ADEQ is sufficiently specific to justify the 
conditional approvals within this rulemaking.
    Comment 5: Failure to properly define PM10 and 
PM2.5 represents a significant deficiency in the permit 
programs and conditional approval means neither the major nor minor NSR 
program will adequately provide for protection of the PM10 
and PM2.5 NAAQS. The EPA should disapprove the definitions 
of PM10 and PM2.5 rather than conditionally 
approving the County's permit programs.
    Response 5: The EPA proposed conditional approval of Rule 100, in 
part because the EPA found that the definitions of PM10 and 
PM2.5 did not include gaseous emissions, which form 
particulates. Upon further review, the EPA has determined that our 
initial analysis was incorrect. The definition of ``Regulated NSR 
Pollutant'' contained in both Rule 100 and 240 incorporates the 
definition of this same term as found in 40 CFR 
51.165(a)(1)(xxxvii)(D). The incorporated definition states that 
``PM2.5 emissions and PM10 emissions shall 
include gaseous emissions from a source or activity which condense to 
form particulate matter at ambient temperatures.'' Because Rule 100 is 
not deficient for the reasons the EPA cited in our proposed action, the 
merits of this comment and our proposed disapproval are moot and are 
not discussed further. The EPA recommends, however, that Maricopa 
County consider revising the definitions of these terms in Rule 100 to 
provide clarity to the regulated community.
    Comment 6: All the provisions of Rule 220, Section 404.3, (except 
subsection d.), are not approvable because the changes could adversely 
impact air quality and because of the significance of the changes that 
could be allowed at a facility.
    Response 6: The EPA disagrees that these provisions are not 
approvable. In our proposed action, the EPA failed to note that the 
provisions of Rule 220, Section 404 are pre-empted by the requirements 
of Section 403, which lists the types of changes requiring a permit 
revision. Pursuant to Subsection 403.2.k., any change that would also 
result in a minor NSR modification will always require a permit 
revision, notwithstanding the provisions of Section 404.3. Thus the 
``exemptions'' allowed under Section 404.3 are limited to changes 
resulting in emission increases lower than the minor NSR modification 
thresholds. As the EPA discussed earlier in Response 3, Maricopa County 
provided an analysis in the MCAQD's NSR submittal that provides a 
reasonable basis for choosing the size of sources (based on emission 
increases) that require permit regulation to attain or maintain the 
NAAQS. Accordingly, the EPA no longer finds paragraphs e. and f. of 
Section 404.3 deficient and is fully approving Rule 220, including 
Section 404.3.

III. EPA Action

    No comments were submitted that change our assessment that the 
MCAQD's Rules 210, 220, 240, and 241 satisfy the applicable CAA 
requirements, nor were any comments submitted that change our 
assessment discussed in our proposal that certain MCAQD rules should be 
removed from the Arizona SIP. Therefore, as authorized under CAA 
sections 110(k)(3) and 301(a), and for the reasons set forth in our 
June 11, 2018 proposed rule, we are finalizing full approval of Rules 
210, 220, 240, and 241, as described in Table 1, in the MCAQD portion 
of the Arizona SIP, and removing from the MCAQD portion of the Arizona 
SIP the rules identified in Table 2.
    While we cannot grant full approval of Rules 100 and 200 at this 
time, the

[[Page 13547]]

MCAQD and the ADEQ have satisfactorily committed to address the 
identified deficiencies by committing to provide the EPA with a SIP 
submission within one year of this final action, which will include 
specific rule revisions and/or demonstrations that would adequately 
address the issues identified in our proposal and Section II above. If 
the MCAQD, through the ADEQ, submits the rule revisions and/or 
demonstrations that it has committed to submit by this 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 and/or demonstrations within the required timeframe, 
the conditional approval will become a disapproval, and the EPA will 
issue a finding of disapproval. The EPA is not required to propose the 
finding of disapproval.
    We did not receive any comments that would cause us to change the 
determinations that were the basis for our proposed conditional 
approval action; thus, we are finalizing a conditional approval of the 
MCAQD's Rules 100 and 200 pursuant to CAA section 110(k)(4). As 
discussed in Section II of this action, the list of identified rule 
deficiencies has changed as follows: (1) We are no longer finding the 
Rule 100 definitions of PM10 and PM2.5 to be 
deficient; (2) we are no longer finding the provisions of Rule 220, 
Sections 404.3.e. and f. to be deficient; and (3) we are approving 
removal of the definition of ``Begin Actual Construction'' in Rule 21, 
Section D.1 (AZ R9-3-101, Paragraph 20) in the current SIP.
    This action incorporates these rules into the federally enforceable 
SIP through revisions to 40 CFR 52.120 (Identification of plan) and 40 
CFR 52.119 (Identification of plans--conditional approvals).

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 Table 1 of this preamble. The EPA has made, and will 
continue to make, these materials available through https://www.regulations.gov and in hard copy at the EPA Region IX office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble for more information). Therefore, 
these materials have been approved by the EPA for inclusion in the 
Arizona SIP, have been incorporated by reference by the EPA into that 
plan, are 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.\7\
---------------------------------------------------------------------------

    \7\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

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 applicable 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 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. 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 4, 2019. 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 CAA section 307(b)(2).).

List of Subjects in 40 CFR Part 52

    Administrative practice and procedure, Environmental protection, 
Air pollution control, Carbon monoxide, Incorporation by reference, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur dioxide, 
Volatile organic compounds.

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


[[Page 13548]]


    Dated: March 20, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended 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. Section 52.119 is amended by adding in paragraph (b) to read as 
follows:


Sec.  52.119   Identification of plan--conditional approvals.

* * * * *
    (b) A plan revision for the Maricopa County Air Quality Department 
(MCAQD) submitted May 18, 2016, by the Arizona Department of 
Environmental Quality (ADEQ), the Governor's designee, updating the 
MCAQD's Clean Air Act (CAA) new source review (NSR) program with 
respect to deficiencies identified by the EPA in Regulation I, Rule 100 
and Regulation II, Rule 200. This plan revision is conditionally 
approved as follows:
    (1) The conditional approval is based on the April 6, 2018 and 
October 5, 2018 commitments from the ADEQ, and on the April 2, 2018 
letter from the MCAQD to the ADEQ requesting submittal of a letter of 
commitment for conditional approval, to submit a SIP revision 
consisting of rule revisions and/or demonstrations to the ADEQ within 
eleven (11) months after the EPA's approval, to allow the ADEQ to make 
the final submission to the EPA not later than twelve (12) months after 
the EPA's approval that will correct the deficiencies identified in 
this final notice. If the State fails to meet its commitment by that 
date that is twelve (12) months after the EPA's approval, the 
conditional approval will be treated as a disapproval to deficiencies 
identified by the EPA in Regulation I, Rule 100; and Regulation II, 
Rule 200.
    (2) [Reserved]


0
3. Section 52.120 is amended in paragraph (c) by revising Table 4 to 
read as follows:


Sec.  52.120   Identification of plan.

* * * * *
    (c) * * *

                     Table 4--EPA-Approved Maricopa County Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
                                                                           EPA approval          Additional
        County citation           Title/subject    State effective date        date             explanation
----------------------------------------------------------------------------------------------------------------
                                         Pre-July 1988 Rule Codification
----------------------------------------------------------------------------------------------------------------
                                        Regulation I--General Provisions
----------------------------------------------------------------------------------------------------------------
Rule 2, No. 11 ``Alteration or  Definitions.....  June 23, 1980........  June 18, 1982,    Submitted on March 8,
 Modification''.                                                          47 FR 26382.      1982.
                                                                                           Revised on April 5,
                                                                                            2019, [INSERT
                                                                                            Federal Register
                                                                                            CITATION] to remove
                                                                                            the definition for
                                                                                            No. 33 ``Existing
                                                                                            Source'' which was
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 2, No. 27 ``Dust''.......  Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
                                                                          47 FR 15579.      1980.
                                                                                           Revised on April 5,
                                                                                            2019, [INSERT
                                                                                            Federal Register
                                                                                            CITATION]. Removed
                                                                                            71 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 2, No. 29 ``Emission''...  Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
                                                                          47 FR 15579.      1980.
                                                                                           Revised on April 5,
                                                                                            2019, [INSERT
                                                                                            Federal Register
                                                                                            CITATION]. Removed
                                                                                            71 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 2, No. 34 ``Existing       Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
 Source Performance                                                       47 FR 15579.      1980.
 Standards''.                                                                              Revised on April 5,
                                                                                            2019, [INSERT
                                                                                            Federal Register
                                                                                            CITATION]. Removed
                                                                                            71 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 2, No. 37 ``Fly Ash''....  Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
                                                                          47 FR 15579.      1980.
                                                                                           Revised on April 5,
                                                                                            2019, [INSERT
                                                                                            Federal Register
                                                                                            CITATION]. Removed
                                                                                            71 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 2, No. 39 ``Fuel''.......  Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
                                                                          47 FR 15579.      1980.
                                                                                           Revised on April 5,
                                                                                            2019, [INSERT
                                                                                            Federal Register
                                                                                            CITATION]. Removed
                                                                                            71 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 2, No. 42 ``Fume''.......  Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
                                                                          47 FR 15579.      1980.
                                                                                           Revised on April 5,
                                                                                            2019, [INSERT
                                                                                            Federal Register
                                                                                            CITATION]. Removed
                                                                                            71 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 2, No. 55 ``Motor          Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
 Vehicle''.                                                               47 FR 15579.      1980.
                                                                                           Revised on April 5,
                                                                                            2019, [INSERT
                                                                                            Federal Register
                                                                                            CITATION]. Removed
                                                                                            71 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 2, No. 59 ``Non-Point      Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
 Source''.                                                                47 FR 15579.      1980.
                                                                                           Revised on April 5,
                                                                                            2019, [INSERT
                                                                                            Federal Register
                                                                                            CITATION]. Removed
                                                                                            71 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.

[[Page 13549]]

 
Rule 2, No. 60 ``Odors''......  Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
                                                                          47 FR 15579.      1980.
                                                                                           Revised on April 5,
                                                                                            2019, [INSERT
                                                                                            Federal Register
                                                                                            CITATION]. Removed
                                                                                            71 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 2, No. 64 ``Organic        Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
 Solvent''.                                                               47 FR 15579.      1980.
                                                                                           Revised on April 5,
                                                                                            2019, [INSERT
                                                                                            Federal Register
                                                                                            CITATION]. Removed
                                                                                            71 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 2, No. 70 ``Plume''......  Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
                                                                          47 FR 15579.      1980.
                                                                                           Revised on April 5,
                                                                                            2019, [INSERT
                                                                                            Federal Register
                                                                                            CITATION]. Removed
                                                                                            71 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 2, No. 80 ``Smoke''......  Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
                                                                          47 FR 15579.      1980.
                                                                                           Revised on April 5,
                                                                                            2019, [INSERT
                                                                                            Federal Register
                                                                                            CITATION]. Removed
                                                                                            71 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 2, No. 91 ``Vapor''......  Definitions.....  June 23, 1980........  April 12, 1982,   Submitted on June 23,
                                                                          47 FR 15579.      1980.
                                                                                           Revised on April 5,
                                                                                            2019, [INSERT
                                                                                            Federal Register
                                                                                            CITATION]. Removed
                                                                                            71 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
----------------------------------------------------------------------------------------------------------------
                                             Regulation II--Permits
----------------------------------------------------------------------------------------------------------------
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 52 ``Dust'').    obtaining an                             53 FR 30224;      1983.[dagger]
                                 installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 56               obtaining an                             53 FR 30224;      1983.[dagger]
 ``Emission'').                  installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 63 ``Existing    obtaining an                             53 FR 30224;      1983.[dagger]
 Source Performance              installation                             vacated;         Revised on April 5,
 Standards'').                   permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 70 ``Fuel'').    obtaining an                             53 FR 30224;      1983.[dagger]
                                 installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 71 ``Fuel        obtaining an                             53 FR 30224;      1983.[dagger]
 Burning Equipment'').           installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 74 ``Fume'').    obtaining an                             53 FR 30224;      1983.[dagger]
                                 installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 103 ``Motor      obtaining an                             53 FR 30224;      1983.[dagger]
 Vehicle'').                     installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 114 ``Non-       obtaining an                             53 FR 30224;      1983.[dagger]
 Point Source'').                installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 122              obtaining an                             53 FR 30224;      1983.[dagger]
 ``Photochemically Reactive      installation                             vacated;         Revised on April 5,
 Solvent'').                     permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 123 ``Plume'').  obtaining an                             53 FR 30224;      1983.[dagger]
                                 installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.

[[Page 13550]]

 
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 128              obtaining an                             53 FR 30224;      1983.[dagger]
 ``Process'').                   installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 129 ``Process    obtaining an                             53 FR 30224;      1983.[dagger]
 Source'').                      installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 150 ``Smoke'').  obtaining an                             53 FR 30224;      1983.[dagger]
                                 installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 152 ``Soot'').   obtaining an                             53 FR 30224;      1983.[dagger]
                                 installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 160              obtaining an                             53 FR 30224;      1983.[dagger]
 ``Supplementary Control         installation                             vacated;         Revised on April 5,
 System (SCS)'').                permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 166 ``Vapor'').  obtaining an                             53 FR 30224;      1983.[dagger]
                                 installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 167 ``Vapor      obtaining an                             53 FR 30224;      1983.[dagger]
 Pressure'').                    installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
Rule 21, Section D.1 (AZ R9-3-  Procedures for    October 25, 1982.....  August 10, 1988,  Submitted on March 4,
 101, Paragraph 168 ``Visible    obtaining an                             53 FR 30224;      1983.[dagger]
 Emissions'').                   installation                             vacated;         Revised on April 5,
                                 permit.                                  restored on       2019, [INSERT
                                                                          January 29,       Federal Register
                                                                          1991, 56 FR       CITATION]. Removed
                                                                          3219.             152 defined terms
                                                                                            which were
                                                                                            superseded by Rule
                                                                                            100 submitted on May
                                                                                            18, 2016.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Post-July 1988 Rule Codification
----------------------------------------------------------------------------------------------------------------
                                        Regulation I--General Provisions
----------------------------------------------------------------------------------------------------------------
Rule 100 (except Sections       General           February 3, 2016.....  April 5, 2019,    Submitted on May 18,
 200.24, 200.73, 200.104(c)).    Provisions and                           [INSERT Federal   2016.
                                 Definitions.                             Register
                                                                          CITATION].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         Regulation II--Permits and Fees
----------------------------------------------------------------------------------------------------------------
Rule 200......................  Permit            February 3, 2016.....  [INSERT Federal   Submitted on May 18,
                                 Requirements.                            Register          2016.
                                                                          CITATION],
                                                                          April 5, 2019.
Rule 210......................  Title V Permit    February 3, 2016.....  April 5, 2019,    Submitted on May 18,
                                 Provisions.                              [INSERT Federal   2016.
                                                                          Register
                                                                          CITATION].
Rule 220......................  Non-Title V       February 3, 2016.....  April 5, 2019,    Submitted on May 18,
                                 Permit                                   [INSERT Federal   2016.
                                 Provisions.                              Register
                                                                          CITATION].
Rule 240 (except Section 305).  Federal Major     February 3, 2016.....  April 5, 2019,    Submitted on May 18,
                                 New Source                               [INSERT Federal   2016.
                                 Review (NSR).                            Register
                                                                          CITATION].
Rule 241......................  Minor New Source  February 3, 2016.....  April 5, 2019,    Submitted on November
                                 Review (NSR).                            [INSERT Federal   25, 2016.
                                                                          Register
                                                                          CITATION].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
[dagger]Vacated by the U.S. Court of Appeals for the Ninth Circuit in Delaney v. EPA, 898 F.2d 687 (9th Cir.
  1990). Restored on January 29, 1991, 56 FR 3219.

* * * * *
[FR Doc. 2019-06384 Filed 4-4-19; 8:45 am]
 BILLING CODE 6560-50-P