Air Plan Conditional Approval; Arizona; Maricopa County, 10986-10989 [2020-03247]
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Federal Register / Vol. 85, No. 38 / Wednesday, February 26, 2020 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2019–0493; FRL–10005–
65–Region 9]
Air Plan Conditional Approval;
Arizona; Maricopa County
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
conditionally approve revisions to the
Maricopa County Air Quality
Department (MCAQD or the County)
portion of the Arizona State
Implementation Plan (SIP). These
revisions concern emissions of volatile
organic compounds (VOCs) from
organic liquid and gasoline storage and
transfer operations. We are
conditionally approving local rules that
SUMMARY:
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Rebecca Newhouse, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3004 or by
email at newhouse.rebecca@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On September 23, 2019 (84 FR 49699),
the EPA proposed to conditionally
approve the following rules into the
Arizona SIP.
Local agency
Document
MCAQD .........
Rule 350: Storage and Transfer of Organic Liquids (Non-Gasoline) at an Organic Liquid Distribution Facility.
Rule 351: Storage and Loading of Gasoline at Bulk Gasoline Plants and Bulk Gasoline Terminals.
Rule 352: Gasoline Cargo Tank Testing and Use ......................................................................
Rule 353: Storage and Loading of Gasoline at Gasoline Dispensing Facilities .........................
MCAQD .........
MCAQD .........
MCAQD .........
We proposed to conditionally approve
these rules pursuant to CAA section
110(k)(4) because, although rule
deficiencies preclude full SIP approval
pursuant to section 110(k)(3), the rules
largely comply with the relevant CAA
requirements, and because the MCAQD
and the Arizona Department of
Environmental Quality (ADEQ) have
committed to provide the EPA with a
SIP submission within one year of this
final action that will include specific
rule revisions that would adequately
address the deficiencies.1 We also
proposed to conditionally approve
MCAQD’s RACT demonstrations for the
2008 8-hr ozone National Ambient Air
Quality Standards (NAAQS) with
respect to the VOC source categories
covered by Rules 350, 351, 352, and
353. Our proposed action contains more
information on the rules, deficiencies,
MCAQD and ADEQ commitments, and
our evaluation.
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regulate these emission sources under
the Clean Air Act (CAA or the Act). We
are also conditionally approving the
County’s Reasonably Available Control
Technology (RACT) demonstration for
the source categories associated with
these rules.
DATES: This rule will be effective on
March 27, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2019–0493. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
1 Letter dated January 28, 2019, from Philip A.
McNeely, Director, MCAQD, to Misael Cabrera,
Director, ADEQ, and letter dated February 25, 2019,
from Timothy S. Franquist, Director, Air Quality
Division, ADEQ, to Michael Stoker, Regional
Administrator, EPA, Region IX.
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Revised
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received two comments.
One member of the public expressed
support for our proposed action, stating
that ‘‘[t]he EPA should approve the
revisions contingent on Arizona’s
submission of further revisions to
account for the deficiencies of its SIP.’’
The second commenter stated that
Maricopa County struggles to meet its
air quality standards, and described
health and welfare impacts of the area’s
air quality. The commenter wrote that,
‘‘I believe it is due time that Maricopa
County enforce and meet the regulatory
standards mandated by the EPA,’’ and
that the County’s feet should be ‘‘held
to the fire’’ because existing air quality
actions have not been sufficient.
Accordingly, the commenter does not
support the EPA’s proposal to
conditionally approve the SIP revisions.
The commenter acknowledged that the
changes detailed in the commitment
letters allow for RACT to be satisfied,
but wrote that the proposed action
would set a precedent for changing the
regulations without changing the
practices that jeopardize young people’s
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Submitted
11/02/2016
06/22/2017
11/02/2016
06/22/2017
11/02/2016
11/02/2016
06/22/2017
06/22/2017
health. The commenter cautioned
against allowing Maricopa County to
satisfy RACT without ‘‘demonstrated
action.’’
The EPA understands the
commenter’s concerns about the
impacts of air quality in Maricopa
County. The commenter does not appear
to contest that the rules at issue would
meet the RACT standard once the
County’s commitments are fulfilled.
Instead the EPA understands the
commenter’s concern to be with the
proposed conditional approval. Section
110(k)(4) of the Act allows the
Administrator to conditionally approve
a plan revision based on a commitment
of the State to adopt specific enforceable
measures by a date certain, but not later
than one year after the date of approval
of the plan revision. The EPA believes
that Maricopa County and ADEQ have
made the necessary commitments to
rectify the deficiencies within the
statutory timeframe. The commenter
does not contest this. Therefore, the
EPA does not understand the
commenter to have stated that the
Administrator is prohibited from
conditionally approving Maricopa
County’s submission; they have instead
asked the EPA to exercise its discretion
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to respond to the submission in a
different manner. The EPA believes that
a conditional approval is the most
appropriate action for the County’s
submittal. By conditionally approving
the rules, the EPA is able to add the
rules to the SIP without waiting for
additional revisions. Because the rules
as-submitted, despite their deficiencies,
would strengthen the SIP, the EPA
believes that it is appropriate to add the
rules to the SIP now so that the air
quality in the area can benefit from the
stronger rules while additional revisions
are made. If the County were to fail to
meet its commitment to correct the
identified deficiencies, the conditional
approval would be treated as a
disapproval, starting a sanctions clock
under section 179(b), and a Federal
Implementation Plan clock under
section 110(c)(1).
Because the commenter does not
suggest that the County has not met the
statutory requirements for a conditional
approval, and a conditional approval
would allow the SIP-strengthening
provisions in the submittal to go into
effect quickly, the EPA is finalizing the
conditional approval as proposed.
III. EPA Action
No comments were submitted that
change our assessment of the rules as
described in our proposed action.
Therefore, as authorized in section
110(k)(4) of the Act, the EPA is
conditionally approving into the
Arizona SIP, Rules 350, 351, 352, and
353, and MCAQD’s RACT
demonstrations for the 2008 8-hr ozone
NAAQS with respect to the following
six Control Techniques Guidelines
(CTGs), as described in our proposal:
Control of Volatile Organic Emissions
from Storage of Petroleum Liquids in
Fixed-Roof Tanks (EPA–450/2–77–036);
Control of Volatile Organic Emissions
from Petroleum Liquid Storage in
External Floating Roof Tanks (EPA–450/
2–78–047); Control of Hydrocarbons
from Tank Truck Gasoline Loading
Terminals (EPA–450/2–77–026); Control
of Volatile Organic Emissions from Bulk
Gasoline Plants (EPA–450/2–77–035);
Control of Volatile Organic Compound
Leaks from Gasoline Tank Trucks and
Vapor Collection Systems (EPA–450/2–
78–051); and Design Criteria for Stage I
Vapor Control Systems—Gasoline
Service Stations (EPA–450/R–75–102).
If the MCAQD and the ADEQ submit the
required rule revisions by the specified
deadline, and the EPA approves the
submission, then the identified
deficiencies will be cured. However, if
MCAQD, through the ADEQ, fails to
submit these revisions within the
required timeframe, the conditional
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approval will be treated as a disapproval
for those rules for which the revisions
are not submitted (and the associated
RACT SIP CTG source categories).
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
MCAQD rules described in the
amendments to 40 CFR part 52 set forth
below. Therefore, these materials have
been approved by the EPA for inclusion
in the SIP, have been incorporated by
reference by the EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of the EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.2 The
EPA has made, and will continue to
make, these documents available
through www.regulations.gov and at the
EPA Region IX Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is not an Executive Order
13771 regulatory action because SIP
approvals, including conditional
approvals, are exempted under
Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA because the conditional approvals
will not in-and-of themselves create any
new information collection burdens, but
will simply conditionally approve
certain State requirements for inclusion
in the SIP.
2 62
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FR 27968 (May 22, 1997).
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D. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities beyond those imposed by state
law.
E. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action does not
impose additional requirements beyond
those imposed by state law.
Accordingly, no additional costs to
State, local, or tribal governments, or to
the private sector, will result from this
action.
F. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the National
Government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
G. Executive Order 13175: Coordination
With Indian Tribal Governments
This action does not have tribal
implications, as specified in Executive
Order 13175, because the SIP 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, and will not impose
substantial direct costs on tribal
governments or preempt tribal law.
Thus, Executive Order 13175 does not
apply to this action.
H. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive order. This action is not
subject to Executive Order 13045
because the conditional approvals will
not in-and-of themselves create any new
regulations, but will simply
conditionally approve certain State
requirements for inclusion in the SIP.
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I. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
J. National Technology Transfer and
Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs
the EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. The EPA believes that this
action is not subject to the requirements
of section 12(d) of the NTTAA because
application of those requirements would
be inconsistent with the CAA.
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Population
The EPA lacks the discretionary
authority to address environmental
justice in this rulemaking.
L. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
M. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by April 27, 2020.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
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Dated: January 24, 2020.
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 paragraph (c) to read as follows:
■
§ 52.119 Identification of plan—conditional
approvals.
*
*
*
*
*
(c) A plan revision for the Maricopa
County Air Quality Department
(MCAQD) submitted June 22, 2017, by
the Arizona Department of
Environmental Quality (ADEQ), the
Governor’s designee, providing
MCAQD’s Reasonably Available Control
Technology (RACT) demonstration for
the 2008 8-hour ozone National
Ambient Air Quality Standards, and
rule submissions in satisfaction thereof.
(1) The conditional approval is based
upon the February 25, 2019
commitment from the State to submit a
SIP revision consisting of rule revisions
that will cure the identified
deficiencies. MCAQD commits to
submit these rules to the ADEQ within
eleven (11) months after the EPA’s
conditional approval, and ADEQ
commits to make the final submission to
the EPA not later than twelve (12)
months after the EPA’s approval. If the
State fails to meet its commitment, the
conditional approval will be treated as
a disapproval with respect to the rules
and CTG categories for which the
corrections are not made. The following
MCAQD rules and additional materials
are conditionally approved:
(i) Rule 350, Storage and Transfer of
Organic Liquids (Non-Gasoline) at an
Organic Liquid Distribution Facility;
(ii) Rule 351, Storage and Loading of
Gasoline at Bulk Gasoline Plants and
Bulk Gasoline Terminals;
(iii) Rule 352, Gasoline Cargo Tank
Testing and Use;
(iv) Rule 353, Storage and Loading of
Gasoline at Gasoline Dispensing
Facilities; and
(v) The RACT demonstration titled
‘‘Analysis of Reasonably Available
Control Technology for the 2008 8-Hour
Ozone National Ambient Air Quality
PO 00000
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Standard (NAAQS) State
Implementation Plan (RACT SIP),’’ Only
those portions of the document
beginning with ‘‘Gasoline Bulk Plants,
Fixed Roof Petroleum Tanks, External
Floating Roof Petroleum Tanks, And
Gasoline Loading Terminals’’ on page
33 through the first full paragraph on
page 35, and Appendix C: CTG RACT
Spreadsheet, the rows beginning with
‘‘Gasoline Bulk Plants’’ on page 60,
through ‘‘Service Stations—Stage I’’ on
pages 67–69. This demonstration
represents the RACT requirement for the
following source categories: Control of
Volatile Organic Emissions from Storage
of Petroleum Liquids in Fixed-Roof
Tanks (EPA–450/2–77–036), Control of
Volatile Organic Emissions from
Petroleum Liquid Storage in External
Floating Roof Tanks (EPA–450/2–78–
047); Control of Hydrocarbons from
Tank Truck Gasoline Loading Terminals
(EPA–450/2–77–026); Control of
Volatile Organic Emissions from Bulk
Gasoline Plants (EPA–450/2–77–035);
Control of Volatile Organic Compound
Leaks from Gasoline Tank Trucks and
Vapor Collection Systems (EPA–450/2–
78–051); and Design Criteria for Stage I
Vapor Control Systems—Gasoline
Service Stations (EPA–450/R–75–102).
(2) [Reserved]
■
3. Amend § 52.120 as follows:
a. In paragraph (c), Table 4, under the
table headings ‘‘Post-July 1988 Rule
Codification’’ and ‘‘Regulation III—
Control of Air Contaminants,’’ by
revising the entries for ‘‘Rule 350,’’
‘‘Rule 351,’’ ‘‘Rule 352,’’ and ‘‘Rule
353.’’
■
b. In paragraph (e), Table 1, under the
subheading ‘‘Part D Elements and Plans
for the Metropolitan Phoenix and
Tucson Areas,’’ by adding an entry for
‘‘Analysis of Reasonably Available
Control Technology for the 2008 8-Hour
Ozone National Ambient Air Quality
Standard (NAAQS) State
Implementation Plan (RACT SIP)’’ after
the entry for ‘‘Maricopa Association of
Governments (MAG) 1987 Carbon
Monoxide (CO) Plan for the Maricopa
County Area, MAG CO Plan
Commitments for Implementation, and
Appendix A through E, Exhibit 4,
Exhibit D.’’
■
The revisions and addition read as
follows:
§ 52.120
*
*
Identification of plan.
*
(c) * * *
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*
Federal Register / Vol. 85, No. 38 / Wednesday, February 26, 2020 / Rules and Regulations
10989
TABLE 4—EPA-APPROVED MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS
County citation
State
effective
date
Title/subject
*
*
*
EPA approval date
*
Additional explanation
*
*
*
*
*
*
Post-July 1988 Rule Codification
*
*
*
*
Regulation III—Control of Air Contaminants
*
*
*
Rule 350 ................ Storage and Transfer of Organic Liquids (Non-Gasoline)
at an Organic Liquid Distribution Facility.
Rule 351 ................ Storage and Loading of Gasoline at Bulk Gasoline
Plants and Bulk Gasoline Terminals.
Rule 352 ................ Gasoline Cargo Tank Testing and Use ...........................
*
11/02/2016
Rule 353 ................
11/02/2016
Storage and Loading of Gasoline at Gasoline Dispensing Facilities.
*
*
*
*
*
*
*
*
11/02/2016
11/02/2016
*
2/26/2020, [INSERT
ister CITATION].
2/26/2020, [INSERT
ister CITATION].
2/26/2020, [INSERT
ister CITATION].
2/26/2020, [INSERT
ister CITATION].
*
*
Federal Reg-
*
Submitted on June 22, 2017.
Federal Reg-
Submitted on June 22, 2017.
Federal Reg-
Submitted on June 22, 2017.
Federal Reg-
Submitted on June 22, 2017.
*
*
*
(e) * * *
TABLE 1—EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MEASURES
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] 1
Applicable geographic or
nonattainment area or
title/subject
Name of SIP provision
State
submittal
date
EPA approval date
Explanation
The State of Arizona Air Pollution Control Implementation Plan
*
*
*
Part D
*
*
*
Elements and Plans for the Metropolitan Phoenix and Tucson Areas
*
*
*
Analysis of Reasonably Available Con- Maricopa County portion
trol Technology for the 2008 8-Hour
of Phoenix-Mesa nonOzone National Ambient Air Quality
attainment area for
Standard (NAAQS) State Implemen2008 8-hour ozone
tation Plan (RACT SIP).
NAAQS.
*
*
*
*
June 22, 2017
*
*
2/26/2020, [INSERT Federal Register CITATION].
*
*
*
Only those portions of the document beginning
with ‘‘Gasoline Bulk Plants, Fixed Roof Petroleum Tanks, External Floating Roof Petroleum
Tanks, And Gasoline Loading Terminals’’ on
page 33 through the first full paragraph on page
35, and Appendix C: CTG RACT Spreadsheet,
the rows beginning with ‘‘Gasoline Bulk Plants’’
on page 60, through ‘‘Service Stations—Stage I’’
on pages 67–69.
*
*
*
1 Table
1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and Plans), Part D Elements
and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas.
*
*
*
*
*
[FR Doc. 2020–03247 Filed 2–25–20; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
40 CFR Parts 52 and 81
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[EPA–R08–OAR–2019–0276; FRL–10004–
94–Region 8]
Approval and Promulgation of
Implementation Plans; State of Utah;
Salt Lake County, Utah County, and
Ogden City PM10 Redesignation to
Attainment, Designation of Areas for
Air Quality Planning Purposes and
State Implementation Plan Revisions
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Final rule.
The Environmental Protection
Agency (EPA) is approving the State
Implementation Plan (SIP) revisions
submitted by the State of Utah on
January 4, 2016, which include
revisions to Utah’s Division of
Administrative Rule (DAR) R307–110–
10 and maintenance plans for the Salt
Lake County, Utah County, and Ogden
City nonattainment areas (NAAs) for
particulate matter with an aerodynamic
diameter less than or equal to a nominal
10 microns (PM10), and on March 6,
2019, which include PM10 redesignation
requests and supplemental information
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 38 (Wednesday, February 26, 2020)]
[Rules and Regulations]
[Pages 10986-10989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03247]
[[Page 10986]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2019-0493; FRL-10005-65-Region 9]
Air Plan Conditional Approval; Arizona; Maricopa County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to conditionally approve revisions to the Maricopa County Air
Quality Department (MCAQD or the County) portion of the Arizona State
Implementation Plan (SIP). These revisions concern emissions of
volatile organic compounds (VOCs) from organic liquid and gasoline
storage and transfer operations. We are conditionally approving local
rules that regulate these emission sources under the Clean Air Act (CAA
or the Act). We are also conditionally approving the County's
Reasonably Available Control Technology (RACT) demonstration for the
source categories associated with these rules.
DATES: This rule will be effective on March 27, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0493. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available through https://www.regulations.gov, or please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Rebecca Newhouse, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3004 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On September 23, 2019 (84 FR 49699), the EPA proposed to
conditionally approve the following rules into the Arizona SIP.
------------------------------------------------------------------------
Local agency Document Revised Submitted
------------------------------------------------------------------------
MCAQD............. Rule 350: Storage 11/02/2016 06/22/2017
and Transfer of
Organic Liquids
(Non-Gasoline) at
an Organic Liquid
Distribution
Facility.
MCAQD............. Rule 351: Storage 11/02/2016 06/22/2017
and Loading of
Gasoline at Bulk
Gasoline Plants and
Bulk Gasoline
Terminals.
MCAQD............. Rule 352: Gasoline 11/02/2016 06/22/2017
Cargo Tank Testing
and Use.
MCAQD............. Rule 353: Storage 11/02/2016 06/22/2017
and Loading of
Gasoline at
Gasoline Dispensing
Facilities.
------------------------------------------------------------------------
We proposed to conditionally approve these rules pursuant to CAA
section 110(k)(4) because, although rule deficiencies preclude full SIP
approval pursuant to section 110(k)(3), the rules largely comply with
the relevant CAA requirements, and because the MCAQD and the Arizona
Department of Environmental Quality (ADEQ) have committed to provide
the EPA with a SIP submission within one year of this final action that
will include specific rule revisions that would adequately address the
deficiencies.\1\ We also proposed to conditionally approve MCAQD's RACT
demonstrations for the 2008 8-hr ozone National Ambient Air Quality
Standards (NAAQS) with respect to the VOC source categories covered by
Rules 350, 351, 352, and 353. Our proposed action contains more
information on the rules, deficiencies, MCAQD and ADEQ commitments, and
our evaluation.
---------------------------------------------------------------------------
\1\ Letter dated January 28, 2019, from Philip A. McNeely,
Director, MCAQD, to Misael Cabrera, Director, ADEQ, and letter dated
February 25, 2019, from Timothy S. Franquist, Director, Air Quality
Division, ADEQ, to Michael Stoker, Regional Administrator, EPA,
Region IX.
---------------------------------------------------------------------------
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received two comments. One member of the public
expressed support for our proposed action, stating that ``[t]he EPA
should approve the revisions contingent on Arizona's submission of
further revisions to account for the deficiencies of its SIP.''
The second commenter stated that Maricopa County struggles to meet
its air quality standards, and described health and welfare impacts of
the area's air quality. The commenter wrote that, ``I believe it is due
time that Maricopa County enforce and meet the regulatory standards
mandated by the EPA,'' and that the County's feet should be ``held to
the fire'' because existing air quality actions have not been
sufficient. Accordingly, the commenter does not support the EPA's
proposal to conditionally approve the SIP revisions. The commenter
acknowledged that the changes detailed in the commitment letters allow
for RACT to be satisfied, but wrote that the proposed action would set
a precedent for changing the regulations without changing the practices
that jeopardize young people's health. The commenter cautioned against
allowing Maricopa County to satisfy RACT without ``demonstrated
action.''
The EPA understands the commenter's concerns about the impacts of
air quality in Maricopa County. The commenter does not appear to
contest that the rules at issue would meet the RACT standard once the
County's commitments are fulfilled. Instead the EPA understands the
commenter's concern to be with the proposed conditional approval.
Section 110(k)(4) of the Act allows the Administrator to conditionally
approve a plan revision based on a commitment of the State to adopt
specific enforceable measures by a date certain, but not later than one
year after the date of approval of the plan revision. The EPA believes
that Maricopa County and ADEQ have made the necessary commitments to
rectify the deficiencies within the statutory timeframe. The commenter
does not contest this. Therefore, the EPA does not understand the
commenter to have stated that the Administrator is prohibited from
conditionally approving Maricopa County's submission; they have instead
asked the EPA to exercise its discretion
[[Page 10987]]
to respond to the submission in a different manner. The EPA believes
that a conditional approval is the most appropriate action for the
County's submittal. By conditionally approving the rules, the EPA is
able to add the rules to the SIP without waiting for additional
revisions. Because the rules as-submitted, despite their deficiencies,
would strengthen the SIP, the EPA believes that it is appropriate to
add the rules to the SIP now so that the air quality in the area can
benefit from the stronger rules while additional revisions are made. If
the County were to fail to meet its commitment to correct the
identified deficiencies, the conditional approval would be treated as a
disapproval, starting a sanctions clock under section 179(b), and a
Federal Implementation Plan clock under section 110(c)(1).
Because the commenter does not suggest that the County has not met
the statutory requirements for a conditional approval, and a
conditional approval would allow the SIP-strengthening provisions in
the submittal to go into effect quickly, the EPA is finalizing the
conditional approval as proposed.
III. EPA Action
No comments were submitted that change our assessment of the rules
as described in our proposed action. Therefore, as authorized in
section 110(k)(4) of the Act, the EPA is conditionally approving into
the Arizona SIP, Rules 350, 351, 352, and 353, and MCAQD's RACT
demonstrations for the 2008 8-hr ozone NAAQS with respect to the
following six Control Techniques Guidelines (CTGs), as described in our
proposal: Control of Volatile Organic Emissions from Storage of
Petroleum Liquids in Fixed-Roof Tanks (EPA-450/2-77-036); Control of
Volatile Organic Emissions from Petroleum Liquid Storage in External
Floating Roof Tanks (EPA-450/2-78-047); Control of Hydrocarbons from
Tank Truck Gasoline Loading Terminals (EPA-450/2-77-026); Control of
Volatile Organic Emissions from Bulk Gasoline Plants (EPA-450/2-77-
035); Control of Volatile Organic Compound Leaks from Gasoline Tank
Trucks and Vapor Collection Systems (EPA-450/2-78-051); and Design
Criteria for Stage I Vapor Control Systems--Gasoline Service Stations
(EPA-450/R-75-102). If the MCAQD and the ADEQ submit the required rule
revisions by the specified deadline, and the EPA approves the
submission, then the identified deficiencies will be cured. However, if
MCAQD, through the ADEQ, fails to submit these revisions within the
required timeframe, the conditional approval will be treated as a
disapproval for those rules for which the revisions are not submitted
(and the associated RACT SIP CTG source categories).
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the MCAQD
rules described in the amendments to 40 CFR part 52 set forth below.
Therefore, these materials have been approved by the EPA for inclusion
in the SIP, have been incorporated by reference by the EPA into that
plan, are fully federally enforceable under sections 110 and 113 of the
CAA as of the effective date of the final rulemaking of the EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\2\ The EPA has made, and will continue to make,
these documents available through www.regulations.gov and at the EPA
Region IX Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
---------------------------------------------------------------------------
\2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not an Executive Order 13771 regulatory action
because SIP approvals, including conditional approvals, are exempted
under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA because the conditional approvals will not in-and-of themselves
create any new information collection burdens, but will simply
conditionally approve certain State requirements for inclusion in the
SIP.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, will
result from this action.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the National Government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because the SIP 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, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive order. This action is not subject to
Executive Order 13045 because the conditional approvals will not in-
and-of themselves create any new regulations, but will simply
conditionally approve certain State requirements for inclusion in the
SIP.
[[Page 10988]]
I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population
The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.
L. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
M. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 27, 2020. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: January 24, 2020.
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 paragraph (c) to read as
follows:
Sec. 52.119 Identification of plan--conditional approvals.
* * * * *
(c) A plan revision for the Maricopa County Air Quality Department
(MCAQD) submitted June 22, 2017, by the Arizona Department of
Environmental Quality (ADEQ), the Governor's designee, providing
MCAQD's Reasonably Available Control Technology (RACT) demonstration
for the 2008 8-hour ozone National Ambient Air Quality Standards, and
rule submissions in satisfaction thereof.
(1) The conditional approval is based upon the February 25, 2019
commitment from the State to submit a SIP revision consisting of rule
revisions that will cure the identified deficiencies. MCAQD commits to
submit these rules to the ADEQ within eleven (11) months after the
EPA's conditional approval, and ADEQ commits to make the final
submission to the EPA not later than twelve (12) months after the EPA's
approval. If the State fails to meet its commitment, the conditional
approval will be treated as a disapproval with respect to the rules and
CTG categories for which the corrections are not made. The following
MCAQD rules and additional materials are conditionally approved:
(i) Rule 350, Storage and Transfer of Organic Liquids (Non-
Gasoline) at an Organic Liquid Distribution Facility;
(ii) Rule 351, Storage and Loading of Gasoline at Bulk Gasoline
Plants and Bulk Gasoline Terminals;
(iii) Rule 352, Gasoline Cargo Tank Testing and Use;
(iv) Rule 353, Storage and Loading of Gasoline at Gasoline
Dispensing Facilities; and
(v) The RACT demonstration titled ``Analysis of Reasonably
Available Control Technology for the 2008 8-Hour Ozone National Ambient
Air Quality Standard (NAAQS) State Implementation Plan (RACT SIP),''
Only those portions of the document beginning with ``Gasoline Bulk
Plants, Fixed Roof Petroleum Tanks, External Floating Roof Petroleum
Tanks, And Gasoline Loading Terminals'' on page 33 through the first
full paragraph on page 35, and Appendix C: CTG RACT Spreadsheet, the
rows beginning with ``Gasoline Bulk Plants'' on page 60, through
``Service Stations--Stage I'' on pages 67-69. This demonstration
represents the RACT requirement for the following source categories:
Control of Volatile Organic Emissions from Storage of Petroleum Liquids
in Fixed-Roof Tanks (EPA-450/2-77-036), Control of Volatile Organic
Emissions from Petroleum Liquid Storage in External Floating Roof Tanks
(EPA-450/2-78-047); Control of Hydrocarbons from Tank Truck Gasoline
Loading Terminals (EPA-450/2-77-026); Control of Volatile Organic
Emissions from Bulk Gasoline Plants (EPA-450/2-77-035); Control of
Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor
Collection Systems (EPA-450/2-78-051); and Design Criteria for Stage I
Vapor Control Systems--Gasoline Service Stations (EPA-450/R-75-102).
(2) [Reserved]
0
3. Amend Sec. 52.120 as follows:
0
a. In paragraph (c), Table 4, under the table headings ``Post-July 1988
Rule Codification'' and ``Regulation III--Control of Air
Contaminants,'' by revising the entries for ``Rule 350,'' ``Rule 351,''
``Rule 352,'' and ``Rule 353.''
0
b. In paragraph (e), Table 1, under the subheading ``Part D Elements
and Plans for the Metropolitan Phoenix and Tucson Areas,'' by adding an
entry for ``Analysis of Reasonably Available Control Technology for the
2008 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) State
Implementation Plan (RACT SIP)'' after the entry for ``Maricopa
Association of Governments (MAG) 1987 Carbon Monoxide (CO) Plan for the
Maricopa County Area, MAG CO Plan Commitments for Implementation, and
Appendix A through E, Exhibit 4, Exhibit D.''
The revisions and addition read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
[[Page 10989]]
Table 4--EPA-Approved Maricopa County Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
State
County citation Title/subject effective EPA approval date Additional explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Post-July 1988 Rule Codification
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Regulation III--Control of Air Contaminants
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Rule 350................... Storage and Transfer 11/02/2016 2/26/2020, [INSERT Submitted on June 22,
of Organic Liquids Federal Register 2017.
(Non-Gasoline) at an CITATION].
Organic Liquid
Distribution Facility.
Rule 351................... Storage and Loading of 11/02/2016 2/26/2020, [INSERT Submitted on June 22,
Gasoline at Bulk Federal Register 2017.
Gasoline Plants and CITATION].
Bulk Gasoline
Terminals.
Rule 352................... Gasoline Cargo Tank 11/02/2016 2/26/2020, [INSERT Submitted on June 22,
Testing and Use. Federal Register 2017.
CITATION].
Rule 353................... Storage and Loading of 11/02/2016 2/26/2020, [INSERT Submitted on June 22,
Gasoline at Gasoline Federal Register 2017.
Dispensing Facilities. CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
Table 1--EPA-Approved Non-Regulatory and Quasi-Regulatory Measures
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] \1\
----------------------------------------------------------------------------------------------------------------
Applicable
geographic or State
Name of SIP provision nonattainment area submittal date EPA approval date Explanation
or title/subject
----------------------------------------------------------------------------------------------------------------
The State of Arizona Air Pollution Control Implementation Plan
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Analysis of Reasonably Maricopa County June 22, 2017 2/26/2020, [INSERT Only those portions of
Available Control Technology portion of Federal Register the document beginning
for the 2008 8-Hour Ozone Phoenix-Mesa CITATION]. with ``Gasoline Bulk
National Ambient Air Quality nonattainment Plants, Fixed Roof
Standard (NAAQS) State area for 2008 8- Petroleum Tanks,
Implementation Plan (RACT SIP). hour ozone NAAQS. External Floating Roof
Petroleum Tanks, And
Gasoline Loading
Terminals'' on page 33
through the first full
paragraph on page 35,
and Appendix C: CTG
RACT Spreadsheet, the
rows beginning with
``Gasoline Bulk
Plants'' on page 60,
through ``Service
Stations--Stage I'' on
pages 67-69.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements
(excluding Part D Elements and Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or
Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas.
* * * * *
[FR Doc. 2020-03247 Filed 2-25-20; 8:45 am]
BILLING CODE 6560-50-P
