Air Plan Approval; Arizona; Maricopa County Air Quality Department and Pima County Department of Environmental Quality, 42726-42728 [2020-14001]
Download as PDF
<![CDATA[
42726
Federal Register / Vol. 85, No. 136 / Wednesday, July 15, 2020 / Rules and Regulations
methodology or considerations that
could constrain VA’s ability to improve
the calculation of average drive times in
the future. For that reason, we will
continue to update the public through
documents in the Federal Register
about any changes to how we calculate
average drive times for the Veterans
Community Care Program.
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Brooks D. Tucker, Acting Chief of Staff,
Department of Veterans Affairs,
approved this document on June 23,
2020 for publication.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy
& Management, Office of the Secretary,
Department of Veterans Affairs.
[FR Doc. 2020–14341 Filed 7–14–20; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2019–0633; FRL–10011–
25–Region 9]
Air Plan Approval; Arizona; Maricopa
County Air Quality Department and
Pima County Department of
Environmental Quality
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the Maricopa
County Air Quality Department
(MCAQD) and Pima County Department
of Environmental Quality (PCDEQ)
portions of the Arizona State
Implementation Plan (SIP). These
revisions concern emissions of
particulate matter (PM) from
nonmetallic mineral processing,
inactive mineral tailings and slag
storage. We are approving local rules
that regulate these emission sources
under the Clean Air Act (CAA or the
Act).
DATES: These rules will be effective on
August 14, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2019–0633. All
SUMMARY:
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Christine Vineyard, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 947–4125 or by
email at vineyard.christine@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 May 1, 2020 (85 FR 25379), the
EPA proposed to approve the following
rules into the Arizona SIP.
Adopted/
revised
Local agency
Rule No.
Rule title
MCAQD ..........
PDEQ .............
316 .........................................
Pima County Code Section
17.16.125.
Nonmetallic Mineral Processing .............................................
Inactive Mineral Tailings Impoundment and Slag Storage
Area within the Ajo PM Planning Area.
Submitted
11/07/18
11/19/18
1 01/22/19
2 05/10/19
1 Pima
County Board of Supervisors adopted PCC Section 17.16.125 on January 22, 2019, with an effective date of February 21, 2019.
submitted PCC Section 17.16.125 as part of a larger SIP revision submittal titled ‘‘SIP Revision: Ajo PM10 Redesignation Request and
Maintenance Plan (May 3, 2019)’’ (herein referred to as the ‘‘Ajo PM10 SIP’’). More specifically, appendix C of the Ajo PM10 SIP includes PCC
Section 17.16.125 and the related adoption materials. ADEQ submitted the Ajo PM10 SIP electronically on May 10, 2019, under cover of a transmittal letter dated May 8, 2019. Herein, EPA is taking final action on the PCC Section 17.16.125 portion of the Ajo PM10 SIP. The EPA is taking
action on the rest of the Ajo PM10 Plan in a separate action (85 FR 34381 (June 4, 2020)).
khammond on DSKJM1Z7X2PROD with RULES
2 ADEQ
We proposed to approve these rules
because we determined that they
comply with the relevant CAA
requirements. More specifically, with
respect to MCAQD Rule 316, we
previously determined that the rule
implemented Best Available Control
Measures for nonmetallic mineral
processing within the Phoenix planning
area, and we find that the 2018
amendments to the rule relax no control
requirements and generally clarify and
enhance the effectiveness of the rule.
With respect to Pima County Code
(PCC) Section 17.16.125, we find that
the rule provides a means to ensure the
permanence and enforceability of the
fugitive dust controls that have already
VerDate Sep<11>2014
15:52 Jul 14, 2020
Jkt 250001
been implemented in the Ajo PM10
planning area and that have brought the
area into attainment of the Particulate
Matter equal to or less than 10 microns
in diameter (PM10) National Ambient
Air Quality Standards (NAAQS). Our
proposed action and related technical
support documents (TSDs) contain more
information on the rules and our
evaluation.
III. EPA Action
II. Public Comments and EPA
Responses
IV. Incorporation by Reference
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received no comments.
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
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
Pursuant to section 110(k)(3) of the
CAA, and for the reasons discussed in
detail in our proposed rule and TSDs,
and summarized above, the EPA is fully
approving MCAQD Rule 316, as
submitted on November 19, 2018, and
PCC Section 17.16.125, as submitted on
May 10, 2019, as revisions to the
Arizona SIP.
E:\FR\FM\15JYR1.SGM
15JYR1
Federal Register / Vol. 85, No. 136 / Wednesday, July 15, 2020 / Rules and Regulations
incorporation by reference of the
MCAQD and PCDEQ 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.3
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
khammond on DSKJM1Z7X2PROD with RULES
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 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
3 62
FR 27968 (May 22, 1997).
VerDate Sep<11>2014
15:52 Jul 14, 2020
Jkt 250001
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
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
42727
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 14,
2020. 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 section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: June 23, 2020.
John Busterud,
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 52.120(c) is amended as
follows:
■ a. In Table 4, under the table headings
‘‘Post-July 1988 Rule Codification’’ and
‘‘Regulation III—Control of Air
Contaminants,’’ by revising the entry for
‘‘Rule 316.’’
■ b. In Table 7, under the table heading
‘‘Post-1993 Rule Codification,’’ by
adding the subheadings ‘‘Chapter 17.16.
Emission Limiting Standards’’ and
‘‘Article III. Emissions from Existing and
New Nonpoint Sources’’ and an entry
for ‘‘17.16.125’’ after the entry for
‘‘17.12.480.’’
The revision and additions read as
follows:
■
§ 52.120
*
Identification of plan.
*
*
(c) * * *
E:\FR\FM\15JYR1.SGM
15JYR1
*
*
42728
Federal Register / Vol. 85, No. 136 / Wednesday, July 15, 2020 / Rules and Regulations
TABLE 4—EPA-APPROVED MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS
County
citation
Title/subject
*
State effective date
*
*
Additional
explanation
EPA approval date
*
*
*
*
*
*
*
Post-July 1988 Rule Codification
*
*
*
*
Regulation III—Control of Air Contaminants
*
Rule 316 .........
*
Nonmetallic Mineral Processing.
*
*
*
*
*
November 7, 2018 .................
*
*
*
*
*
7/15/2020, [INSERT FEDERAL REGISTER CITATION].
*
*
*
*
Submitted on November 19,
2018.
*
*
*
TABLE 7—EPA-APPROVED PIMA COUNTY AIR POLLUTION CONTROL REGULATIONS
County
citation
Title/subject
*
State effective date
*
*
Additional
explanation
EPA approval date
*
*
*
*
*
*
*
Post-1993 Rule Codification
*
*
*
*
Chapter 17.16. Emission Limiting Standards
Article III. Emissions from Existing and New Nonpoint Sources
17.16.125 .......
*
*
*
Inactive Mineral Tailings Impoundment and Slag Storage Area within the Ajo
PM10 Planning Area.
*
*
[FR Doc. 2020–14001 Filed 7–14–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0088; FRL–10011–
00-Region 9]
Air Plan Revisions; California;
Technical Amendments
Environmental Protection
Agency (EPA).
ACTION: Final rule.
khammond on DSKJM1Z7X2PROD with RULES
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
delete various local rules from the
California State Implementation Plan
(SIP) that were approved in error. These
SUMMARY:
VerDate Sep<11>2014
15:52 Jul 14, 2020
Jkt 250001
February 21, 2019 .................
7/15/2020, [INSERT FEDERAL REGISTER CITATION].
rules include general nuisance
provisions, Federal New Source
Performance Standards or National
Emission Standards for Hazardous Air
Pollutant requirements, hearing board
procedures, variance provisions, and
local fee provisions. The EPA has
determined that the continued presence
of these rules in the SIP is potentially
confusing and thus problematic for
affected sources, the State, local
agencies, and the EPA. The intended
effect is to delete these rules to make the
SIP consistent with the Clean Air Act.
The EPA is also taking final action to
make certain other corrections to
address errors made in previous actions
taken by the EPA on California SIP
revisions are finalized.
DATES: This rule will be effective on
August 14, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket No.
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
Submitted on May 10, 2019.
EPA–R09–OAR–2020–0088. 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
materials, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Kevin Gong, Rules Office, EPA Region
IX, 75 Hawthorne Street, San Francisco,
CA 94105, (415) 972–3073, gong.kevin@
epa.gov.
E:\FR\FM\15JYR1.SGM
15JYR1
]]>Agencies
[Federal Register Volume 85, Number 136 (Wednesday, July 15, 2020)]
[Rules and Regulations]
[Pages 42726-42728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14001]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2019-0633; FRL-10011-25-Region 9]
Air Plan Approval; Arizona; Maricopa County Air Quality
Department and Pima County Department of Environmental Quality
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Maricopa County Air Quality
Department (MCAQD) and Pima County Department of Environmental Quality
(PCDEQ) portions of the Arizona State Implementation Plan (SIP). These
revisions concern emissions of particulate matter (PM) from nonmetallic
mineral processing, inactive mineral tailings and slag storage. We are
approving local rules that regulate these emission sources under the
Clean Air Act (CAA or the Act).
DATES: These rules will be effective on August 14, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0633. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4125 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 May 1, 2020 (85 FR 25379), the EPA proposed to approve the
following rules into the Arizona SIP.
----------------------------------------------------------------------------------------------------------------
Adopted/
Local agency Rule No. Rule title revised Submitted
----------------------------------------------------------------------------------------------------------------
MCAQD............................ 316................ Nonmetallic Mineral 11/07/18 11/19/18
Processing.
PDEQ............................. Pima County Code Inactive Mineral \1\ 01/22/19 \2\ 05/10/19
Section 17.16.125. Tailings Impoundment
and Slag Storage Area
within the Ajo PM
Planning Area.
----------------------------------------------------------------------------------------------------------------
\1\ Pima County Board of Supervisors adopted PCC Section 17.16.125 on January 22, 2019, with an effective date
of February 21, 2019.
\2\ ADEQ submitted PCC Section 17.16.125 as part of a larger SIP revision submittal titled ``SIP Revision: Ajo
PM10 Redesignation Request and Maintenance Plan (May 3, 2019)'' (herein referred to as the ``Ajo PM10 SIP'').
More specifically, appendix C of the Ajo PM10 SIP includes PCC Section 17.16.125 and the related adoption
materials. ADEQ submitted the Ajo PM10 SIP electronically on May 10, 2019, under cover of a transmittal letter
dated May 8, 2019. Herein, EPA is taking final action on the PCC Section 17.16.125 portion of the Ajo PM10
SIP. The EPA is taking action on the rest of the Ajo PM10 Plan in a separate action (85 FR 34381 (June 4,
2020)).
We proposed to approve these rules because we determined that they
comply with the relevant CAA requirements. More specifically, with
respect to MCAQD Rule 316, we previously determined that the rule
implemented Best Available Control Measures for nonmetallic mineral
processing within the Phoenix planning area, and we find that the 2018
amendments to the rule relax no control requirements and generally
clarify and enhance the effectiveness of the rule. With respect to Pima
County Code (PCC) Section 17.16.125, we find that the rule provides a
means to ensure the permanence and enforceability of the fugitive dust
controls that have already been implemented in the Ajo PM10
planning area and that have brought the area into attainment of the
Particulate Matter equal to or less than 10 microns in diameter
(PM10) National Ambient Air Quality Standards (NAAQS). Our
proposed action and related technical support documents (TSDs) contain
more information on the rules and our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. EPA Action
Pursuant to section 110(k)(3) of the CAA, and for the reasons
discussed in detail in our proposed rule and TSDs, and summarized
above, the EPA is fully approving MCAQD Rule 316, as submitted on
November 19, 2018, and PCC Section 17.16.125, as submitted on May 10,
2019, as revisions to the Arizona SIP.
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
[[Page 42727]]
incorporation by reference of the MCAQD and PCDEQ 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.\3\ 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).
---------------------------------------------------------------------------
\3\ 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 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 September 14, 2020. 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 section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: June 23, 2020.
John Busterud,
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 52.120(c) is amended as follows:
0
a. In Table 4, under the table headings ``Post-July 1988 Rule
Codification'' and ``Regulation III--Control of Air Contaminants,'' by
revising the entry for ``Rule 316.''
0
b. In Table 7, under the table heading ``Post-1993 Rule Codification,''
by adding the subheadings ``Chapter 17.16. Emission Limiting
Standards'' and ``Article III. Emissions from Existing and New Nonpoint
Sources'' and an entry for ``17.16.125'' after the entry for
``17.12.480.''
The revision and additions read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
[[Page 42728]]
Table 4--EPA-Approved Maricopa County Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
County citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Post-July 1988 Rule Codification
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Regulation III--Control of Air Contaminants
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Rule 316........................ Nonmetallic November 7, 2018.. 7/15/2020, [INSERT Submitted on
Mineral FEDERAL REGISTER November 19,
Processing. CITATION]. 2018.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Table 7--EPA-Approved Pima County Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
County citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Post-1993 Rule Codification
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 17.16. Emission Limiting Standards
----------------------------------------------------------------------------------------------------------------
Article III. Emissions from Existing and New Nonpoint Sources
----------------------------------------------------------------------------------------------------------------
17.16.125....................... Inactive Mineral February 21, 2019. 7/15/2020, [INSERT Submitted on May
Tailings FEDERAL REGISTER 10, 2019.
Impoundment and CITATION].
Slag Storage Area
within the Ajo
PM10 Planning
Area.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-14001 Filed 7-14-20; 8:45 am]
BILLING CODE 6560-50-P
