Approval of Arizona State Implementation Plan Revisions; Maricopa County Air Quality Department; Stationary Source Permits; New Source Review, 8418-8427 [2022-02773]

Download as PDF 8418 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2020–0352; FRL–9463–01– R9] Approval of Arizona State Implementation Plan Revisions; Maricopa County Air Quality Department; Stationary Source Permits; New Source Review 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’s (MCAQD or Department) portion of the state implementation plan (SIP) for the State of Arizona. We are finalizing full approval of six MCAQD rules for the Department’s New Source Review (NSR) preconstruction permitting program for new and modified stationary sources of air pollution under the Clean Air Act (CAA or the Act). The revisions update the MCAQD’s NSR permitting program for new and modified sources of air pollution. DATES: This rule is effective on March 17, 2022. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R09–OAR–2020–0352. 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. SUMMARY: 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. If you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Shaheerah Kelly, EPA Region IX, 75 Hawthorne Street (AIR–3–1), San Francisco, California 94105. By phone at (415) 947–4156, or by email at kelly.shaheerah@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 A. Exemption for Agricultural Equipment used in Normal Farm Operations in Rule 200 B. Public Hearing Requirements for Minor NSR Requirements in Rule 241 C. Public Notification Requirements for General Permits in Rule 230 III. Additional Developments After Notice of Proposed Rulemaking IV. EPA Action V. Incorporation by Reference VI. 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 FIP mean or refer to Federal Implementation Plan. (vii) The initials FR mean or refer to Federal Register. (viii) The word or initials MCAQD, County, Maricopa County, or Department mean or refer to the Maricopa County Air Quality Department, the agency with jurisdiction over stationary sources within Maricopa County, Arizona. (ix) 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. (x) The initials NAAQS mean or refer to the National Ambient Air Quality Standards. (xi) The initials NSR mean or refer to New Source Review, which includes NNSR, PSD and minor NSR. (xii) The initials NNSR mean or refer to nonattainment New Source Review. (xiii) The initials PM2.5 mean or refer to particulate matter less than 2.5 micrometers. (xiv) The initials PM10 mean or refer to particulate matter less than 10 micrometers. (xv) The initials PSD mean or refer to Prevention of Significant Deterioration. (xvi) The initials SIP mean or refer to State Implementation Plan. (xvii) The word State means or refers to the State of Arizona. (xviii) The initials TSD mean or refer to the Technical Support Document. I. Proposed Action On February 23, 2021, the EPA proposed to approve the rules listed in Table 1 for incorporation into the Arizona SIP. See 86 FR 10903. Although MCAQD Rule 230 was included in the December 20, 2019 SIP Submittal, and the EPA proposed approval in the February 23, 2021 action, we are deferring action on Rule 230 at this time. Therefore, except for Rule 230, the rules listed in Table 1 constitute the MCAQD’s EPA-approved air quality preconstruction NSR permit program. TABLE 1—MCAQD SUBMITTED RULES Regulation & rule No. Regulation Regulation Regulation Regulation Regulation Regulation Regulation Adoption or amendment date Rule title I, Rule 100 ............................... II, Rule 200 .............................. II, Rule 210 1 ............................ II, Rule 220 .............................. II, Rule 230 * ............................ II, Rule 240 .............................. II, Rule 241 .............................. 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; General Permits ........................................... Permits and Fees; Federal Major New Source Review ............. Permits and Fees; Minor New Source Review ........................... 12/11/2019 12/11/2019 12/11/2019 12/11/2019 12/11/2019 12/11/2019 12/11/2019 Submitted 12/20/2019 12/20/2019 12/20/2019 12/20/2019 12/20/2019 12/20/2019 12/20/2019 lotter on DSK11XQN23PROD with RULES1 * The EPA is deferring action on Rule 230 at this time. We proposed to approve these rules as part of the MCAQD’s general and major 1 Rule 210 also contains provisions to address requirements under title V of the Act for operating VerDate Sep<11>2014 16:09 Feb 14, 2022 Jkt 256001 permit programs, but 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 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 source NSR permitting programs because we determined that these rules an official part 70 program revision submittal from Maricopa County. E:\FR\FM\15FER1.SGM 15FER1 8419 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations satisfy the substantive statutory and regulatory requirements for NSR permit programs as contained in (1) part C of title I (section 165) of the Act for Prevention of Significant Deterioration (PSD) program; (2) part D of title I (sections 172 and 173) of the Act for the nonattainment NSR program; (3) section 110(a)(2) of the Act for the general permitting requirements; (4) sections 110(l) and 193 of the Act for SIP revisions and the general savings clause; (5) the regulatory provisions in 40 CFR part 51, subpart I (Review of New Sources and Modifications) (40 CFR 51.160–51.166); and (6) subpart P (Protection of Visibility) (40 CFR 51.307). We also proposed to approve these rules because we determined that they address the deficiencies identified in our conditional approval of Rules 100 and 200 in the EPA’s April 5, 2019 action. See 84 FR 13543. Finally, we proposed that the rules listed in Table 1 will replace the SIP-approved NSR program rules listed in Table 2, in their entirety. lotter on DSK11XQN23PROD with RULES1 TABLE 2—MCAQD RULES TO BE REMOVED OR REPLACED Regulation & rule No. Rule title Adoption or amendment date SIP approval date Regulation I, Rule 2, No. 11 ‘‘Alteration or Modification’’. Regulation I, Rule 2, No. 27 ‘‘Dust’’ .. Regulation I, Rule 2, No. 29 ‘‘Emission’’. Regulation I, Rule 2, No. 34 ‘‘Existing Source Performance Standards’’. Regulation I, Rule 2, No. 37 ‘‘Fly Ash’’. Regulation I, Rule 2, No. 39 ‘‘Fuel’’ ... Regulation I, Rule 2, No. 42 ‘‘Fume’’ Regulation I, Rule 2, No. 55 ‘‘Motor Vehicle’’. Regulation I, Rule 2, No. 59 ‘‘NonPoint Source’’. Regulation I, Rule 2, No. 60 ‘‘Odors’’ Regulation I, Rule 2, No. 64 ‘‘Organic Solvent’’. Regulation I, Rule 2, No. 70 ‘‘Plume’’ Regulation I, Rule 2, No. 80 ‘‘Smoke’’ Regulation I, Rule 2, No. 91 ‘‘Vapor’’ Regulation II, Rule 21, Section D.1 (AZ R9–3–101, Paragraph 52 ‘‘Dust’’). Regulation II, Rule 21, Section D.1 (AZ R9–3–101, Paragraph 56 ‘‘Emission’’). Regulation II, Rule 21, Section D.1 (AZ R9–3–101, Paragraph 63 ‘‘Existing Source Performance Standards’’). Regulation II, Rule 21, Section D.1 (AZ R9–3–101, Paragraph 70 ‘‘Fuel’’). Regulation II, Rule 21, Section D.1 (AZ R9–3–101, Paragraph 71 ‘‘Fuel Burning Equipment’’). Regulation II, Rule 21, Section D.1 (AZ R9–3–101, Paragraph 74 ‘‘Fume’’). Regulation II, Rule 21, Section D.1 (AZ R9–3–101, Paragraph 103 ‘‘Motor Vehicle’’). Regulation II, Rule 21, Section D.1 (AZ R9–3–101, Paragraph 114 ‘‘Non-Point Source’’). Regulation II, Rule 21, Section D.1 (AZ R9–3–101, Paragraph 122 ‘‘Photochemically Reactive Solvent’’). Regulation II, Rule 21, Section D.1 (AZ R9–3–101, Paragraph 123 ‘‘Plume’’). Regulation II, Rule 21, Section D.1 (AZ R9–3–101, Paragraph 128 ‘‘Process’’). Regulation II, Rule 21, Section D.1 (AZ R9–3–101, Paragraph 129 ‘‘Process Source’’). Regulation II, Rule 21, Section D.1 (AZ R9–3–101, Paragraph 150 ‘‘Smoke’’). Regulation II, Rule 21, Section D.1 (AZ R9–3–101, Paragraph 151 ‘‘Soot’’) 2. General Provisions; Definitions ......... June 23, 1980 .................... June 18, 1982 ................................... 47 FR 26382 General Provisions; Definitions ......... General Provisions; Definitions ......... June 23, 1980 .................... June 23, 1980 .................... April 12, 1982 .................................... April 12, 1982 .................................... 47 FR 15579 47 FR 15579 General Provisions; Definitions ......... June 23, 1980 .................... April 12, 1982 .................................... 47 FR 15579 General Provisions; Definitions ......... June 23, 1980 .................... April 12, 1982 .................................... 47 FR 15579 General Provisions; Definitions ......... General Provisions; Definitions ......... General Provisions; Definitions ......... June 23, 1980 .................... June 23, 1980 .................... June 23, 1980 .................... April 12, 1982 .................................... April 12, 1982 .................................... April 12, 1982 .................................... 47 FR 15579 47 FR 15579 47 FR 15579 General Provisions; Definitions ......... June 23, 1980 .................... April 12, 1982 .................................... 47 FR 15579 General Provisions; Definitions ......... General Provisions; Definitions ......... June 23, 1980 .................... June 23, 1980 .................... April 12, 1982 .................................... April 12, 1982 .................................... 47 FR 15579 47 FR 15579 General Provisions; Definitions ......... General Provisions; Definitions ......... General Provisions; Definitions ......... Permits and Fees; Procedures for Obtaining an Installation Permit. June 23, 1980 .................... June 23, 1980 .................... June 23, 1980 .................... October 25, 1982 ............... April 12, 1982 .................................... April 12, 1982 .................................... April 12, 1982 .................................... August 10, 1988; Vacated; restored on January 29, 1991. 47 47 47 53 56 Permits and Fees; Procedures for Obtaining an Installation Permit. October 25, 1982 ............... August 10, 1988; Vacated; restored on January 29, 1991. 53 FR 30224; 56 FR 3219 Permits and Fees; Procedures for Obtaining an Installation Permit. October 25, 1982 ............... August 10, 1988; Vacated; restored on January 29, 1991. 53 FR 30224; 56 FR 3219 Permits and Fees; Procedures for Obtaining an Installation Permit. October 25, 1982 ............... August 10, 1988; Vacated; restored on January 29, 1991. 53 FR 30224; 56 FR 3219 Permits and Fees; Procedures for Obtaining an Installation Permit. October 25, 1982 ............... August 10, 1988; Vacated; restored on January 29, 1991. 53 FR 30224; 56 FR 3219 Permits and Fees; Procedures for Obtaining an Installation Permit. October 25, 1982 ............... August 10, 1988; Vacated; restored on January 29, 1991. 53 FR 30224; 56 FR 3219 Permits and Fees; Procedures for Obtaining an Installation Permit. October 25, 1982 ............... August 10, 1988; Vacated; restored on January 29, 1991. 53 FR 30224; 56 FR 3219 Permits and Fees; Procedures for Obtaining an Installation Permit. October 25, 1982 ............... August 10, 1988; Vacated; restored on January 29, 1991. 53 FR 30224; 56 FR 3219 Permits and Fees; Procedures for Obtaining an Installation Permit. October 25, 1982 ............... August 10, 1988; Vacated; restored on January 29, 1991. 53 FR 30224; 56 FR 3219 Permits and Fees; Procedures for Obtaining an Installation Permit. October 25, 1982 ............... August 10, 1988; Vacated; restored on January 29, 1991. 53 FR 30224; 56 FR 3219 Permits and Fees; Procedures for Obtaining an Installation Permit. October 25, 1982 ............... August 10, 1988; Vacated; restored on January 29, 1991. 53 FR 30224; 56 FR 3219 Permits and Fees; Procedures for Obtaining an Installation Permit. October 25, 1982 ............... August 10, 1988; Vacated; restored on January 29, 1991. 53 FR 30224; 56 FR 3219 Permits and Fees; Procedures for Obtaining an Installation Permit. October 25, 1982 ............... August 10, 1988; Vacated; restored on January 29, 1991. 53 FR 30224; 56 FR 3219 Permits and Fees; Procedures for Obtaining an Installation Permit. October 25, 1982 ............... August 10, 1988; Vacated; restored on January 29, 1991. 53 FR 30224; 56 FR 3219 VerDate Sep<11>2014 16:09 Feb 14, 2022 Jkt 256001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\15FER1.SGM 15FER1 Federal Register citation FR FR FR FR FR 15579 15579 15579 30224; 3219 8420 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations TABLE 2—MCAQD RULES TO BE REMOVED OR REPLACED—Continued Regulation & rule No. Rule title Adoption or amendment date SIP approval date Regulation II, Rule 21, Section D.1 (AZ R9–3–101, Paragraph 160 ‘‘Supplementary Control System (SCS)’’). Rule 21, Section D.1 (AZ R9–3–101, Paragraph 166 ‘‘Vapor’’). Regulation II, Rule 21, Section D.1 (AZ R9–3–101, Paragraph 167 ‘‘Vapor Pressure’’). Regulation II, Rule 21, Section D.1 (AZ R9–3–101, Paragraph 168 ‘‘Visible Emissions’’). Regulation I, Rule 100 (except Sections 200.24, 200.73, 200.104(c)). Regulation II, Rule 200 ...................... Permits and Fees; Procedures for Obtaining an Installation Permit. October 25, 1982 ............... August 10, 1988; Vacated; restored on January 29, 1991. 53 FR 30224; 56 FR 3219 Permits and Fees; Procedures for Obtaining an Installation Permit. Permits and Fees; Procedures for Obtaining an Installation Permit. October 25, 1982 ............... August 10, 1988; Vacated; restored on January 29, 1991. August 10, 1988; Vacated; restored on January 29, 1991. 53 56 53 56 Permits and Fees; Procedures for Obtaining an Installation Permit. October 25, 1982 ............... August 10, 1988; Vacated; restored on January 29, 1991. 53 FR 30224; 56 FR 3219 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 (NSR). Permits and Fees; Minor New Source Review (NSR). February 3, 2016 ............... April 5, 2019 ...................................... 84 FR 13543 February 3, 2016 ............... April 5, 2019 ...................................... 84 FR 13543 February 3, 2016 ............... April 5, 2019 ...................................... 84 FR 13543 February 3, 2016 ............... April 5, 2019 ...................................... 84 FR 13543 February 3, 2016 ............... April 5, 2019 ...................................... 84 FR 13543 September 7, 2016 3 .......... April 5, 2019 ...................................... 84 FR 13543 Regulation II, Rule 210 ...................... Regulation II, Rule 220 ...................... Regulation II, Rule 240 (except Section 305). Regulation II, Rule 241 ...................... Our TSD, which can be found in the docket for this rulemaking, contains a more detailed discusssion of the approval criteria and our evaluation of the rules in Table 1. II. Public Comments and EPA Responses The EPA’s February 23, 2021 proposed rulemaking provided a 30-day public comment period. We received comments from the Arizona Center for Law in the Public Interest (ACLPI). The full text of the ACLPI’s public comments is available in the docket for this rulemaking. The EPA’s summaries of, and responses to, these public comments are as follows: lotter on DSK11XQN23PROD with RULES1 A. Exemption for Agricultural Equipment Used in Normal Farm Operations in Rule 200 Comment: The commenter states that the MCAQD has failed to identify the types of equipment that it considers to be ‘‘agricultural equipment used in normal farm operations’’ and that ‘‘fugitive emissions’’ are not a type of ‘‘activity’’ or ‘‘equipment.’’ The commenter states that the MCAQD’s exemption for agricultural equipment used in normal farm operations is vague to the point of unenforceability. The commenter states that this vagueness prevents scrutiny of whether the 2 The correct citation for the definition of ‘‘Soot’’ is Rule 21, Section D.1 (AZ R9–3–101, Paragraph 151), and not Paragraph 152 which was in the April 5, 2019 final action. 3 The correct adoption or amendment date for Rule 241 is September 7, 2016, and not February 3, 2016 as stated in the EPA’s actions in 84 FR 13550 (April 5, 2019), 84 FR 18396 (May 1, 2019), and 86 FR 10906 (February 23, 2021). VerDate Sep<11>2014 16:09 Feb 14, 2022 Jkt 256001 October 25, 1982 ............... fugitive emissions are actually fugitive (i.e., could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening). Response: The EPA respectfully disagrees with this comment. In our proposed rulemaking for the June 11, 2018 conditional approval action, the EPA stated that the MCAQD must provide a basis consistent with 40 CFR 51.160(e) to demonstrate that regulation of the equipment exempted under Rule 200, Section 305 is not needed for the MCAQD’s federal NSR program to meet requirements for attainment and maintenance of the NAAQS or review for compliance with the control strategy. See 83 FR 26912, 26915 (June 11, 2018). Among other things, we also stated that such demonstrations must address identification of the types of equipment that the MCAQD considers to be ‘‘agricultural equipment used in normal farm operations.’’ In its December 20, 2019 SIP Submittal, the MCAQD responded by explaining that it had revised Rule 200 to exempt only ‘‘fugitive emissions from agricultural equipment used in normal farm operations’’ [emphasis added]. See Rule 200, Section 305.2.i. The submitted revision to the ‘‘agricultural equipment used in normal farm operations’’ exemption considerably clarifies and narrows the scope of the exemption. Although, as the commenter mentions, fugitive emissions are not a specific type of activity or equipment, we find that the clarification regarding the scope of the exemption in the rule revision that was provided by the MCAQD is sufficient to meet the requirements of our June 11, PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 Federal Register citation FR FR FR FR 30224; 3219 30224; 3219 2018 conditional approval action and the CAA. As an initial matter, we note that, in addition to the fact that the exemption is now limited to fugitive emissions from agricultural equipment used in normal farm operations, the explicit language of the exemption provision clearly specifies that it does not apply to any equipment that would otherwise require a permit under Title V of the Act. A title V permit is required for any major source 4 as defined in 40 CFR 70.2.5 A stationary source that is required to obtain a major NSR (PSD or nonattainment NSR) permit, is also required to obtain a title V permit.6 4 ‘‘Stationary source’’ means any building, structure, facility, or installation which emits or may emit a regulated NSR pollutant. See Rule 100, Section 200.123, 40 CFR 51.165(a)(1)(i), and 40 CFR 51.166(b)(5). 5 Under 40 CFR 70.2, a major source is a stationary source of air pollutants, as defined in section 302 of the Act, that directly emits, or has the potential to emit, 100 tpy or more of any air pollutant subject to regulation (including any major source of fugitive emissions of any such pollutant, as determined by rule by the Administrator). It is also defined as a stationary source that emits or has the potential to emit, in the aggregate, 10 tpy or more of any hazardous air pollutant which has been listed pursuant to section 112(b) of the Act, 25 tpy or more of any combination of such hazardous air pollutants, or such lesser quantity as the Administrator may establish by rule. 6 For nonattainment areas, a major NSR permit is required for a stationary source of air pollutants that emits, or has the potential to emit, 100 tons per year or more of any regulated NSR pollutant, except that lower emissions thresholds apply in areas subject to subpart 2, subpart 3, or subpart 4 of part D, title I of the CAA (e.g., since Maricopa County is a serious nonattainment area for PM10, an emissions threshold of 70 tpy applies). See Rule 240, Section 202 and 40 CFR 51.165(a)(1)(iv)(A)(1). For attainment or unclassifiable areas, a major NSR permit is required for a stationary source of air pollutants, that belongs to one of the 28 source E:\FR\FM\15FER1.SGM 15FER1 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 Therefore, no major stationary source qualifies for the MCAQD’s ‘‘fugitive emissions from agricultural equipment used in normal farm operations’’ exemption (agricultural equipment exemption), regardless of whether any of its emissions units emit fugitive emissions. The rule is also clear that the exemption does not apply to any equipment subject to the New Source Performance Standards (NSPS) under 40 CFR part 60, nor to the National Emission Standards for Hazardous Air Pollutants (NESHAP) under 40 CFR parts 61 and 63. Again, this is the case regardless of whether the emissions are fugitive or non-fugitive. For example, diesel-fired engines are commonly used at agricultural sources, and are subject to a NSPS and/or NESHAP requirement.7 Accordingly, such engines do not qualify for the agricultural equipment exemption. The EPA also notes that the MCAQD’s permit program only applies to stationary sources, therefore any mobile equipment, such as tractors, are already exempt from permit program requirements. Thus, the exemption is limited to fugitive emissions from agricultural equipment used in normal farm operations, located at minor stationary sources that are not subject to any NSPS or NESHAP. The EPA believes this is a sufficiently small universe of sources to satisfy the requirements of 40 CFR 51.160(e) and our June 11, 2018 conditional approval action. The EPA also disagrees with the commenter’s claim that the revision to Section 305.2.i is too vague to be enforceable. Fugitive emissions are defined in Rule 100, Section 200.56 as ‘‘[a]ny emission which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.’’ This definition is consistent with the EPA’s regulatory definition of ‘‘fugitive emissions’’ for SIP-approved PSD and NNSR programs at 40 CFR 51.166(b)(20) and 51.165(a)(1)(ix), respectively. The MCAQD considers this definition and the specific circumstances of the emissions-generating activity when implementing various NSR requirements and determining whether emissions are fugitive. In this case, the categories, and which emits, or has the potential to emit, 100 tons per year or more of any regulated NSR pollutant; a major NSR permit is also required for a stationary source which emits, or has the potential to emit, 250 tons per year or more of a regulated NSR pollutant. See Rule 240, Section 203, 40 CFR 51.166(b)(1)(i)(a)–(b) and 40 CFR 52.21(b)(1)(i)(a)–(b). 7 See the NSPS regulations at 40 CFR part 60, subparts IIII and JJJJ, and the NESHAP regulations 40 CFR part 63, subparts ZZZZ. VerDate Sep<11>2014 16:09 Feb 14, 2022 Jkt 256001 MCAQD can determine if the emissions from agricultural equipment are fugitive, and thus qualify for the exemption, before they address whether they are used in ‘‘normal farm operations.’’ Under the federal NSR permitting program, fugitive emissions need not be considered when determining permit requirements, unless the source is one of the categorical sources identified. See Rule 100, Section 200.28; 40 CFR 51.165(a)(1)(iv)(C) and 51.166(b)(1)(iii). Therefore, we disagree with the commenter that the MCAQD’s exemption prevents scrutiny of whether potentially exempt emissions are, in fact, fugitive emissions. We also note that the MCAQD’s SIP-approved minor NSR program already exempts fugitive emissions from permit requirements for a minor source that doesn’t belong to one of the categorical sources under Rule 100, Section 200.28. See 84 FR 13543 (April 5, 2019) and 84 FR 18392 (May 1, 2019). In sum, while the revised exemption does not specifically define ‘‘agricultural equipment used in normal farm operations,’’ we have determined that the revision clarifies and narrows how the exemption is used and addresses the concerns in our conditional approval regarding the need for additional clarification regarding this exemption. Comment: The commenter stated that the MCAQD still provides no basis for determining that fugitive emissions from ‘‘agricultural equipment used in normal farm operations’’ do not need to be regulated as part of the MCAQD’s minor NSR program under 40 CFR 51.160(e). The commenter stated that although the EPA compared the MCAQD’s exemption to a similarly worded exemption in the State regulations implemented by the ADEQ, the ADEQ’s regulation suffers from the same problem. The commenter stated that, as with the ADEQ’s exemption, the MCAQD’s exemption violates CAA section 110(l) and Appendix V, sections 2.2(d) and 2.2(e). Response: The EPA respectfully disagrees with this comment. The MCAQD’s December 20, 2019 SIP Submittal provides a rationale and basis for the exemption of certain agricultural equipment used in normal farm operations under 40 CFR 51.160(e). See December 20, 2019 MCAQD Submittal at 12–14. This information, in addition to other available information, demonstrates that the MCAQD reasonably concluded that the exemption of fugitive emissions from agricultural equipment used in normal farm operations is inconsequential to PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 8421 attainment and maintenance of the NAAQS.8 As discussed in the EPA’s response to the previous comment, the exemption in Rule 200, Section 305.2.i for agricultural equipment used in normal farm operations only applies to fugitive emissions, is only available to minor sources, and is not available for sources subject to an NSPS or NESHAP. Additionally, the MCAQD’s SIPapproved minor NSR program already exempts fugitive emissions from permit requirements for a minor source that doesn’t belong to one of the categorical sources under Rule 100, Section 200.28. See 84 FR 13543 (April 5, 2019) and 84 FR 18392 (May 1, 2019). Thus, there is sufficient evidence that the exemption for fugitive emissions from agricultural equipment used in normal farm operations is available only to a very narrow group of minor sources. Such emissions are already exempt from regulation under NSR, or they come from stationary equipment such as boilers or engines, which are subject to the NSPS and thus do not qualify for the exemption in Rule 200, Section 305. We therefore find the MCAQD’s exemption for fugitive emissions from agricultural equipment used in normal farm operations to be reasonable under 40 CFR 51.160(e). The commenters also indicate that the EPA’s approval of the MCAQD’s 2019 NSR Submittal conflicts with the requirement in CAA section 110(l) that the EPA ‘‘shall not approve a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress . . . or any other applicable requirement of this chapter.’’ For the reasons stated in this document and in our proposal, we continue to find that this action strengthens the overall SIP and does not relax or otherwise interfere with any SIP requirements related to attaining the NAAQS in Maricopa County, Arizona. The commenters make the related argument that the MCAQD’s SIP revision does not satisfy section 2.2(d) of Appendix V to 40 CFR part 51.9 As 8 In reviewing the MCAQD’s minor NSR program under 40 CFR 51.160(e), the EPA considered it appropriate to exclude emissions from its NSR program if such emissions would be ‘‘inconsequential to attainment or maintenance of the NAAQS.’’ See 86 FR 31927, 31936, footnote 21 (June 16, 2021). This was the same standard that the EPA used in developing the permitting thresholds for its minor NSR program for Indian country. See 76 FR 38748, 38758 (July 1, 2011). 9 The commenters reference the portion of section 2.2(d) that requires SIP submittals to demonstrate ‘‘that the national ambient air quality standards, prevention of significant deterioration increments, E:\FR\FM\15FER1.SGM Continued 15FER1 lotter on DSK11XQN23PROD with RULES1 8422 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations described above, the MCAQD’s 2019 NSR Submittal contains sufficient information to support our conclusion that the MCAQD’s NSR program meets the requirements of the CAA and its implementing regulations and will not interfere with attainment or maintenance of the NAAQS. Lastly, in response to the commenter’s argument that the MCAQD should have included a modeling demonstration to meet the requirements of section 2.2(e) of Appendix V to 40 CFR part 51, the commenters have not accurately characterized these requirements. We do not interpret section 2.2(e) of Appendix V to require that every SIP submittal contain a modeling demonstration, as implied by the commenters. Instead, when a modeling demonstration is necessary and is therefore included in a submittal to support the SIP revision, then the submittal must also contain the underlying modeling information outlined in section 2.2(e). We find that section 2.2(e) of Appendix V is not applicable to the MCAQD’s NSR Submittal because modeling was not used to support this SIP revision nor was a modeling demonstration required in this instance. For the reasons discussed above, we find that the MCAQD reasonably concluded that the exemption of ‘‘fugitive emissions from agricultural equipment used in normal farm operations’’ from its minor NSR program will not interfere with attainment or maintenance of the NAAQS, consistent with 40 CFR 51.160(e). Because the exemption will not interfere with attainment or maintenance of the NAAQS, or interfere with the overall control strategy, it is consistent with CAA section 110(l) and section 2.2(d) of Appendix V to 40 CFR part 51. Comment: The commenter stated that, while fugitive dust emissions from farm operations are primarily addressed through Arizona’s Ag BMP general permit program, experience with the Ag BMP program in both Maricopa County and Pinal County has demonstrated that it is inadequate to ensure compliance with the PM10 NAAQS. The commenter further stated that both the MCAQD and ADEQ PM10 nonattainment areas continue to violate the NAAQS decades after the Ag BMP program was adopted and agricultural emissions are a key contributor. The commenter also noted that the EPA proposed a limited approval and limited disapproval of reasonable further progress demonstration, and visibility, as applicable, are protected if the plan is approved and implemented.’’ See 40 CFR part 51, Appendix V, section 2.2(d). VerDate Sep<11>2014 16:09 Feb 14, 2022 Jkt 256001 Arizona’s Ag BMP statute and regulations for Arizona on February 26, 2021. The commenter indicated that in light of these concerns, the EPA must disapprove the MCAQD’s exemption for ‘‘agricultural equipment used in normal farm operations.’’ Response: The EPA respectfully disagrees that it must disapprove the MCAQD’s exemption for ‘‘agricultural equipment used in normal farm operations’’ based on the commenter’s concerns about Arizona’s Ag BMP program. As discussed in detail in our responses above, we find that the MCAQD’s exemption from NSR review of a narrow subset of minor agricultural sources with fugitive emissions through its exemption for ‘‘fugitive emissions from agricultural equipment used in normal farm operations’’ is reasonable. The EPA is not evaluating, updating, or relying on the existing EPA-approved Ag BMP program rules in the Arizona SIP as part of this rulemaking.10 We understand that the ADEQ submitted revisions to the Arizona SIP to update the Ag BMP rules; however, those revisions are not part of our NSR rulemaking action. B. Public Hearing Requirements for Minor NSR Requirements in Rule 241 Comment: The commenter stated that the MCAQD revised Rule 241, Section 310 by deleting public hearing requirements and stated that the revised provision provides that the public notice requirements in Rules 210 and/or 220 shall be required if the emissions of any one pollutant is equal to or greater than the public notice thresholds as defined in Rule 100. The commenter further noted that the EPA stated that the same or similar language that was deleted from Rule 241, Section 310 was contained in portions of Rules 210 and 220, and that therefore the change was consistent with the requirements of 40 CFR 51.161(a), and the EPA’s regulations at 40 CFR 51.160–164. The commenter then states that Rule 210, Sections 408.4.g and 408.5, and Rule 220, Sections 407.5 and 407.7 contain more than just public notice requirements, but also contain requirements to accept public comments and hold a hearing upon request. The commenter concluded by asserting that Rule 241, Section 310 should be amended to clarify that it incorporates 10 Further, to the extent the commenter has raised concerns about the regulation of air pollution sources located in Pinal County, the commenter has not explained how those concerns are relevant to this rulemaking action, which pertains specifically to the MCAQD’s NSR program, which applies only in Maricopa County. PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 all of the public participation requirements in Rules 210 and 220. Response: The EPA respectfully disagrees with the commenter that Rule 241, Section 310 should be amended to make the suggested clarification. Rule 241, Section 310 states that ‘‘Public notice requirements pursuant to Rules 210 and or 220 of these rules shall be required for a permit or permit revision if . . .’’ emissions are equal to or greater than the public notice thresholds in Rule 100. The public notice requirements contained in Rules 210 and 220 are found in Sections 408 and 407, respectively, which are titled ‘‘PUBLIC PARTICIPATION.’’ Critically, the public hearing requirements of those rules contain public notice requirements, such as the requirement to publish a notice at least two times in a newspaper of general circulation to ensure adequate notice to the affected public. The requirement to accept public comments is also linked to the requirement to provide public notice in both rules, such as the requirement to allow at least 30 days for public comment following public notice of the comment period. While we agree that it would be clearer if Rule 241, Section 310 stated that the ‘‘public participation’’ rather than the ‘‘public notice’’ requirements of Rules 210 and/ or 220 must be met, we believe it is sufficiently clear that all of the public participation requirements in Rule 210, Section 408 and Rule 220, Section 407 are applicable if emissions are equal to or greater than the public notice thresholds in Rule 100. Therefore, we continue to find that the revisions to Rule 241, Section 310 are acceptable and consistent with the requirements of the Act and its implementing regulations. C. Public Notification Requirements for General Permits in Rule 230 The commenter also provided comments regarding our proposed approval of Rule 230 into the MCAQD portion of the Arizona SIP. The EPA is deferring final action on Rule 230 at this time. Therefore, the EPA is not addressing these comments as part of this final action. III. Additional Developments After Notice of Proposed Rulemaking On January 29, 2021, the U.S. Court of Appeals for the District of Columbia Circuit issued its opinion in Sierra Club v. EPA (Case No. 15–1465), granting in part and denying in part petitions for review of four provisions of the 2015 and 2018 ozone NAAQS implementation rules. Among other things, the court vacated the provisions E:\FR\FM\15FER1.SGM 15FER1 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 of the rule allowing interprecursor trading of ozone precursors (See 2018 Implementation Rule, 83 FR 62998, 63016–63021). The court’s judgment became final and effective on March 23, 2021, when the court issued its mandate. In response to this, on June 10, 2021, the ADEQ withdrew the provisions in Rule 240, Section 304.4.e.(1) for interpollutant offsetting from the NNSR requirements of the rule. The EPA finds this withdrawal acceptable, given the court’s vacatur of these provisions in the EPA’s regulations. Accordingly, this provision will not be included in the version of Rule 240 incorporated into the Maricopa County portion of the Arizona SIP. We note that the EPA recently adopted a rule known as the NSR Error Corrections Rule, effective August 18, 2021, which corrected minor, inadvertent, and non-substantive errors in 40 CFR parts 51 and 52, which govern NSR permitting programs, and updated the regulatory text to reflect statutory changes and certain court decisions vacating elements of the regulatory text, but did not change the requirements within these programs. See 86 FR 37918 (July 19, 2021). States have discretion as to when to make the changes indicated in this rulemaking and may choose to combine them with other SIP submittals. See 86 FR 37918, 37923–37924. Accordingly, this recent rulemaking does not affect our final action. IV. EPA Action No comments were submitted that change our assessment that the MCAQD’s Rules 100, 200, 210, 220, 240, and 241 satisfy the applicable CAA requirements, nor were any comments submitted that change our assessment that certain MCAQD rules should be removed from the Arizona SIP. As discussed above, we are deferring action on Rule 230 at this time. Therefore, as authorized under CAA sections 110(k)(3) and 301(a), and for the reasons set forth in our February 23, 2021 proposed rule, we are finalizing full approval of submitted Rules 100, 200, 210, 220, 240 (except Section 304.4.e.(1)), and 241, in the MCAQD portion of the Arizona SIP. We are also removing from the MCAQD portion of the Arizona SIP the rules identified in Table 2. This action incorporates Rules 100, 200, 210, 220, 240 (except Section 304.4.e.(1)), and 241 into the federally enforceable SIP through revisions to 40 CFR 52.120 (Identification of plan). We are amending 40 CFR 52.119(b) (Identification of plan—conditional approvals) to remove the conditional VerDate Sep<11>2014 16:09 Feb 14, 2022 Jkt 256001 approval of Rules 100 and 200 since the MCAQD’s December 20, 2019 Submittal addressed the deficiencies identified by the EPA, and we are now fully approving Rules 100 and 200. We are amending the PSD FIP requirements in 40 CFR 52.144 (Significant deterioration of air quality) since we are approving the PSD program provisions in Rule 240 into the MCAQD portion of the Arizona SIP. We are also amending the visibility FIP in 40 CFR 52.145(b) (Visibility protection) since we have determined that the MCAQD’s NNSR and PSD programs comply with the visibility requirements in 40 CFR 51.307. V. 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, with the exception of Rule 230. 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.11 Also in this document, as described in the amendments to 40 CFR part 52 set forth below, the EPA is removing provisions from the EPA-approved rules for the ADEQ portion of the Arizona SIP, which is incorporated by reference in accordance with the requirements of 1 CFR part 51. VI. 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 11 62 PO 00000 FR 27968 (May 22, 1997). Frm 00029 Fmt 4700 Sfmt 4700 8423 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); • 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 E:\FR\FM\15FER1.SGM 15FER1 8424 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 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 [Insert date 60 days after date of publication in the Federal Register]. 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 Environmental protection, Administrative practice and procedure, 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. Dated: February 3, 2022. Martha Guzman Aceves, Regional Administrator, Region IX. 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 § 52.119 2. In § 52.119, remove and reserve paragraph (b). ■ 3. In § 52.120, revise table 4 in paragraph (c) to read as follows: ■ § 52.120 * Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: [Amended] Identification of plan. * * (c) * * * * * TABLE 4 TO PARAGRAPH (c)—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 Regulation II—Permits Rule 22 (paragraphs A, C, D, F, G, and H). Rule 27 ........................... Permit Denial-Action-Transfer-ExpirationPosting-Revocation-Compliance. Performance tests ..................................... August 12, 1971 ...... Rule 28 ........................... Permit Fees ............................................... March 8, 1982 ......... June 23, 1980 ......... July 27, 1972, 37 FR 15080. April 12, 1982, 47 FR 15579. June 18, 1982, 47 FR 26382. Paragraphs B and E have been superseded. Submitted on June 23, 1980. Submitted on March 8, 1982. Regulation III—Control of Air Contaminants Rule 32, Paragraph G .... Other Industries ......................................... October 1, 1975 ...... April 12, 1982, 47 FR 15579. Rule 32, Paragraph H ..... Fuel Burning Equipment for Producing Electric Power (Sulfur Dioxide). October 1, 1975 ...... April 12, 1982, 47 FR 15579. Rule 32, Paragraph J ..... Operating Requirements for an Asphalt Kettle. June 23, 1980 ......... April 12, 1982, 47 FR 15579. Rule 32, Paragraph K ..... Emissions of Carbon Monoxide ................ June 23, 1980 ......... April 12, 1982, 47 FR 15579. Rule 32 (Paragraphs A through F only). Odors and Gaseous Emissions ................ August 12, 1971 ...... July 27, 1972, 37 FR 15080. Rule 35 ........................... Incinerators ................................................ August 12, 1971 ...... July 27, 1972, 37 FR 15080. Paragraph G of Rule 32 (‘‘Odors and Gaseous Emissions’’) is titled ‘‘Other Industries.’’ Submitted on June 23, 1980. Paragraph H of Rule 32 (‘‘Odors and Gaseous Emissions’’) is titled ‘‘Fuel Burning Equipment for Producing Electric Power (Sulfur Dioxide).’’ Submitted on June 23, 1980. Paragraph J of Rule 32 (‘‘Odors and Gaseous Emissions’’) is titled ‘‘Operating Requirements for an Asphalt Kettle.’’ Submitted on June 23, 1980. Paragraph K of Rule 32 (‘‘Odors and Gaseous Emissions’’) is titled ‘‘Emissions of Carbon Monoxide.’’ Submitted on June 23, 1980. Paragraph G was superseded by approval of paragraph J of amended Rule 32. Submitted on May 26, 1972. Superseded by approval of Maricopa Rule 313 published on September 25, 2014, except for Hospital/Medical/Infectious Waste Incinerators. Submitted on May 26, 1972. lotter on DSK11XQN23PROD with RULES1 Regulation IV—Production of Records; Monitoring; Testing and Sampling Facilities Rule 41, paragraph A ..... Monitoring .................................................. August 12, 1971 ...... Rule 41, paragraph B ..... Monitoring .................................................. October 2, 1978 ...... Rule 42 ........................... Testing and Sampling ............................... August 12, 1971 ...... VerDate Sep<11>2014 16:09 Feb 14, 2022 Jkt 256001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 July 27, 1972, 37 FR 15080. April 12, 1982, 47 FR 15579. July 27, 1972, 37 FR 15080. E:\FR\FM\15FER1.SGM Submitted on May 26, 1972. Submitted on January 18, 1979. Submitted on May 26, 1972. 15FER1 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 8425 TABLE 4 TO PARAGRAPH (c)—EPA-APPROVED MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS—Continued County citation Title/subject State effective date Rule 74, paragraph C ..... Public Notification ...................................... EPA approval date Additional explanation Regulation VII—Emergency Procedures June 23, 1980 ......... April 12, 1982, 47 FR 15579. Submitted on June 23, 1980. Paragraphs A, B, and D superseded by approval of Rule 510 published on November 9, 2009. Regulation VIII—Validity and Operation Rule 81 ........................... Operation ................................................... August 12, 1971 ...... July 27, 1972, 37 FR 15080. Submitted on May 26, 1972. Post-July 1988 Rule Codification Regulation I—General Provisions Rule 100 ......................... General Provisions and Definitions ........... December 11, 2019 Rule 140 ......................... Excess Emissions ..................................... Revised September 5, 2001. February 15, 2022, [INSubmitted on December 20, 2019. SERT FEDERAL REGISTER CITATION]. August 27, 2002, 67 FR Submitted on February 22, 2002. 54957. Regulation II—Permits and Fees Rule 200 ......................... Permit Requirements ................................ December 11, 2019 Rule 210 ......................... Title V Permit Provisions ........................... December 11, 2019 Rule 220 ......................... Non-Title V Permit Provisions ................... December 11, 2019 Rule 240 (except Section 304.4.e.(1)). Federal Major New Source Review (NSR) December 11, 2019 Rule 241 ......................... Minor New Source Review (NSR) ............ December 11, 2019 Rule 242 ......................... Emissions Offsets Generated by the Voluntary Paving of Unpaved Roads. June 20, 2007 ......... February 15, 2022, [INSERT FEDERAL REGISTER CITATION]. February 15, 2022, [INSERT FEDERAL REGISTER CITATION]. February 15, 2022, [INSERT FEDERAL REGISTER CITATION]. February 15, 2022, [INSERT FEDERAL REGISTER CITATION]. February 15, 2022, [INSERT FEDERAL REGISTER CITATION]. August 6, 2007, 72 FR 43538. Submitted on December 20, 2019. Submitted on December 20, 2019. Submitted on December 20, 2019. Submitted on December 20, 2019. Submitted on December 20, 2019. Submitted on July 5, 2007. Regulation III—Control of Air Contaminants Rule 300 ......................... Visible Emissions ...................................... March 12, 2008 ....... Rule 310 ......................... Fugitive Dust From Dust-Generating Operations. January 27, 2010 .... Rule 310.01 .................... Fugitive Dust From Non-Traditional Sources of Fugitive Dust. January 27, 2010 .... December 15, 2010, 75 FR 78167. Rule 311 ......................... Particulate matter from process industries August 2, 1993 ........ Rule 312 ......................... Abrasive Blasting ...................................... July 13, 1988 ........... Rule 313 ......................... Incinerators, Burn-Off Ovens and Crematories. Open Outdoor Fires and Indoor Fireplaces at Commercial and Institutional Establishments. Nonmetallic Mineral Processing ................ Approval of Residential Woodburning Devices. Power Plant Operations ............................ May 9, 2012 ............ April 10, 1995, 60 FR 18010. Vacated by Ober decision. Restored August 4, 1997, 62 FR 41856. January 4, 2001, 66 FR 730. September 25, 2014, 79 FR 57445. November 9, 2009, 74 FR 57612. November 2, 2016 .. Rule 331 ......................... Fuel Burning Equipment from Industrial/ Commercial/Institutional (ICI) Sources. Stationary Reciprocating Internal Combustion Engines (RICE). Solvent Cleaning ....................................... Rule 333 ......................... Petroleum Solvent Dry Cleaning ............... June 19, 1996 ......... Rule 335 ......................... Architectural Coatings ............................... July 13, 1988 ........... Rule 336 ......................... Surface Coating Operations ...................... November 2, 2016 .. Rule 314 ......................... Rule 316 ......................... Rule 318 ......................... Rule 322 ......................... Rule 323 ......................... lotter on DSK11XQN23PROD with RULES1 Rule 324 ......................... VerDate Sep<11>2014 16:09 Feb 14, 2022 Jkt 256001 PO 00000 Frm 00031 March 12, 2008 ....... November 7, 2018 .. April 21, 1999 .......... October 17, 2007 .... November 2, 2016 .. April 21, 2004 .......... Fmt 4700 Sfmt 4700 July 28, 2010, 75 FR 44141. December 15, 2010, 75 FR 78167. Submitted on July 10, 2008. 7/15/2020, 85 FR 42726 November 8, 1999, 64 FR 60678. October 14, 2009, 74 FR 52693. July 20, 2020, 85 FR 43692. July 20, 2020, 85 FR 43692. December 21, 2004, 69 FR 76417. February 9, 1998, 63 FR 6489. January 6, 1992, 57 FR 354. January 7, 2021, 86 FR 971. E:\FR\FM\15FER1.SGM Submitted on April 12, 2010. Cites appendices C and F, which are listed separately in this table. Submitted on April 12, 2010. Cites appendix C, which is listed separately in this table. Submitted on March 3, 1994. Submitted on January 4, 1990. Submitted on August 27, 2012. Submitted on July 10, 2008. Submitted on November 19, 2018. Submitted on August 4, 1999. Submitted on January 9, 2008. Submitted on June 22, 2017. Submitted on June 22, 2017. Submitted on July 28, 2004. Submitted on February 26, 1997. Submitted on January 4, 1990. Submitted on June 22, 2017. 15FER1 8426 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations TABLE 4 TO PARAGRAPH (c)—EPA-APPROVED MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS—Continued County citation Title/subject State effective date EPA approval date Rule 337 ......................... Graphic Arts .............................................. August 17, 2011 ...... Rule 338 ......................... Semiconductor Manufacturing .................. June 19, 1996 ......... Rule 340 ......................... Cutback and Emulsified Asphalt ............... September 21, 1992 Rule 341 ......................... Metal Casting ............................................ August 5, 1994 ........ Rule 342 ......................... Coating Wood Furniture and Fixtures ....... November 2, 2016 .. Rule 343 ......................... Commercial Bread Bakeries ..................... February 15, 1995 ... Rule 344 ......................... Automobile Windshield Washer Fluid ....... April 7, 1999 ............ Rule 346 ......................... Coating Wood Millwork ............................. November 20, 1996 Rule 347 ......................... Ferrous Sand Casting ............................... March 4, 1998 ......... Rule 348 ......................... Aerospace Manufacturing and Rework Operations. Pharmaceutical, Cosmetic, and Vitamin Manufacturing Operations. Storage and Transfer of Organic Liquids (Non-Gasoline) at an Organic Liquid Distribution Facility. Storage and Loading of Gasoline at Bulk Gasoline Plants and Bulk Gasoline Terminals. Gasoline Cargo Tank Testing and Use .... Storage and Loading of Gasoline at Gasoline Dispensing Facilities. Polystyrene Foam Operations .................. April 7, 1999 ............ 11/02/2016 .............. August 27, 2019, 84 FR 44701. February 9, 1998, 63 FR 6489. February 1, 1996, 61 FR 3578. February 12, 1996, 61 FR 5287. August 27, 2019, 84 FR 44701. March 17, 1997, 62 FR 12544. November 30, 2001, 66 FR 59699. February 9, 1998, 63 FR 6489. June 12, 2000, 65 FR 36788. September 20, 1999, 64 FR 50759. June 8, 2001, 66 FR 30815. 2/26/2020, 85 FR 10986 Submitted on June 22, 2017. 11/02/2016 .............. 2/26/2020, 85 FR 10986 Submitted on June 22, 2017. 11/02/2016 .............. 11/02/2016 .............. 2/26/2020, 85 FR 10986 2/26/2020, 85 FR 10986 Submitted on June 22, 2017. Submitted on June 22, 2017. April 20, 2005 .......... May 26, 2005, 70 FR 30370. Submitted on April 25, 2005. Rule 349 ......................... Rule 350 ......................... Rule 351 ......................... Rule 352 ......................... Rule 353 ......................... Rule 358 ......................... April 7, 1999 ............ Additional explanation Submitted on January 15, 2014. Submitted on February 26, 1997. Submitted on November 13, 1992. Submitted on August 16, 1994. Submitted on June 22, 2017. Submitted on August 31, 1995. Submitted on August 4, 1999. Submitted on March 4, 1997. Submitted on August 4, 1999. Submitted on August 4, 1999. Submitted on August 4, 1999. Regulation V—Air Quality Standards and Area Classification Rule 510 ......................... Air Quality Standards ................................ 12/11/2019 .............. 10/4/2021, 86 FR 54628 The December 11, 2019 version of Rule 510 replaces the version that was adopted on November 1, 2006 (74 FR 57612). Regulation VI—Emergency Episodes Rule 600 ......................... Emergency Episodes ................................ July 13, 1988 ........... March 18, 1999, 64 FR 13351. Submitted on January 4, 1990. Appendices to Maricopa County Air Pollution Control Rules and Regulations Appendix C ..................... Fugitive Dust Test Methods ...................... March 26, 2008 ....... Appendix F ...................... Soil Designations ...................................... April 7, 2004 ............ December 15, 2010, 75 FR 78167. August 21, 2007, 72 FR 46564. Cited in Rules 310 and 310.01. Submitted on July 10, 2008. Cited in Rule 310. Submitted on October 7, 2005. † Vacated by the U.S. Court of Appeals for the Ninth Circuit in Delaney v. EPA, 898 F.2d 687 (9th Cir. 1990). Restored by document published January 29, 1991. * ■ * * * 4. Revise § 52.144 to read as follows: § 52.144 quality. lotter on DSK11XQN23PROD with RULES1 * Significant deterioration of air (a) The requirements of sections 160 through 165 of the Clean Act are not met, since the plan as it applies to stationary sources under the jurisdiction of the Pima County Health Department, and stationary sources locating on any Indian reservation lands, and any other area of Indian country where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, located within the State of Arizona, does not include approvable procedures for preventing the significant deterioration of air quality. VerDate Sep<11>2014 16:09 Feb 14, 2022 Jkt 256001 (b) Regulation for preventing significant deterioration of air quality. The provisions of § 52.21 except paragraph (a)(1) of this section are hereby incorporated and made a part of the applicable State plan for the State of Arizona for those portions applicable to the Pima County Health Department, and to any Indian reservation lands, and any other area of Indian country where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, located within the State of Arizona. (c) The requirements of sections 160 through 165 of the Clean Air Act are met as they apply to stationary sources under the jurisdiction of the Arizona Department of Environmental Quality (ADEQ) and the Maricopa County Air PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 Quality Department (MCAQD), except with respect to emissions of greenhouse gases (GHGs) (as defined in § 52.21(b)(49)(i)). Therefore, the provisions of § 52.21, except paragraph (a)(1) of this section, for GHGs are hereby made a part of the plan for stationary sources under the jurisdiction of the ADEQ and the MCAQD as it applies to the stationary sources described in § 52.21(b)(49)(iv). 5. In § 52.145, revise paragraph (b) to read as follows: ■ § 52.145 Visibility protection. * * * * * (b) Regulations for visibility new source review. The provisions of § 52.28 are hereby incorporated and made part of the applicable plan for the State of E:\FR\FM\15FER1.SGM 15FER1 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations Arizona only for those stationary sources under the permitting jurisdiction of the Pima County Department of Environmental Quality. The provisions of § 52.28 also remain the applicable plan for any Indian reservation lands, and any other area of Indian country where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, located within the State of Arizona. * * * * * [FR Doc. 2022–02773 Filed 2–14–22; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR Office of the Secretary 43 CFR Part 2 [DOI–2021–0014; 223D0102DM, DS65100000, DLSN00000, DX.65103] RIN 1090–AB15 Privacy Act Regulations; Exemption for the Insider Threat Program Office of the Secretary, Interior. Final rule. AGENCY: ACTION: The Department of the Interior (DOI) is issuing a final rule to amend its regulations to exempt certain records in the INTERIOR/DOI–50, Insider Threat Program, system of records from one or more provisions of the Privacy Act of 1974 because of criminal, civil, and administrative law enforcement requirements. DATES: The final rule is effective February 15, 2022. FOR FURTHER INFORMATION CONTACT: Teri Barnett, Departmental Privacy Officer, U.S. Department of the Interior, 1849 C Street NW, Room 7112, Washington, DC 20240, DOI_Privacy@ios.doi.gov or (202) 208–1605. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with RULES1 SUMMARY: Background DOI published a notice of proposed rulemaking (NPRM) in the Federal Register at 86 FR 51645 (September 16, 2021) proposing to exempt portions of the INTERIOR/DOI–50, Insider Threat Program, system of records from certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(1) and (k)(5) due to criminal, civil, and administrative law enforcement requirements. DOI published a system of records notice (SORN) for INTERIOR/DOI–50, Insider Threat Program, in the Federal Register at 86 FR 48753 (August 31, 2021). Comments were invited on both the INTERIOR/DOI–50, Insider Threat Program, SORN and NPRM. DOI VerDate Sep<11>2014 16:09 Feb 14, 2022 Jkt 256001 8427 received no comments on the SORN and six comments on the NPRM that were not relevant or did not result in a change to the rulemaking. The rulemaking will be implemented as proposed with a correction to the redesignated paragraph (e). DOI previously published a final rule for INTERIOR/DOI–46, Physical Security Access Files, in the Federal Register at 86 FR 49927 (September 7, 2021) to add new and redesignated paragraphs for DOI Privacy Act exemptions at 43 CFR 2.254. In that rulemaking, a new paragraph (b) was reserved for exemptions claimed under 5 U.S.C. 552a(k)(1) as indicated in the published NPRM for the INTERIOR/ DOI–50, Insider Threat Program, system of records. Paragraph (c) for investigatory records exempt under 5 U.S.C. 552a(k)(5) was redesignated to paragraph (e) to allow for a new paragraph (d) for exemptions claimed under 5 U.S.C. 552(k)(3) related to records maintained in connection with providing protective services. The NPRM for the INTERIOR/DOI–50, Insider Threat Program, system of records described the new reserved paragraph (b) and new redesignated paragraph (e) for the proposed exemptions claimed under 5 U.S.C. 552a(k)(1) and (k)(5). However, the proposed redesignation of paragraph (e) was inadvertently changed during the publication process for the NPRM, which resulted in an incorrect reference to paragraph (c) for investigatory records exempt under 5 U.S.C. 552a(k)(5). This final rule corrects the redesignation of paragraph (e) and addresses a formatting error that occurred during publication of the final rule for INTERIOR/DOI–46, Physical Security Access Files, that resulted in the erroneous addition of a paragraph (f) instead of the appropriate reference to subsection (f) of the Privacy Act. executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. Executive Order 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements. Procedural Requirements 4. Unfunded Mandates Reform Act This rule does not impose an unfunded mandate on State, local, or tribal governments in the aggregate, or on the private sector, of more than $100 million per year. The rule does not have a significant or unique effect on State, local, or tribal governments or the private sector. This rule makes only minor changes to 43 CFR part 2. A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required. 1. Regulatory Planning and Review (E.O. 12866 and E.O. 13563) Executive Order 12866 provides that the Office of Information and Regulatory Affairs in the Office of Management and Budget will review all significant rules. The Office of Information and Regulatory Affairs has determined that this rule is not significant. Executive Order 13563 reaffirms the principles of Executive Order 12866 while calling for improvements in the nation’s regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 2. Regulatory Flexibility Act The Department of the Interior certifies that this document will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.). This rule does not impose a requirement for small businesses to report or keep records on any of the requirements contained in this rule. The exemptions to the Privacy Act apply to individuals, and individuals are not covered entities under the Regulatory Flexibility Act. 3. Small Business Regulatory Enforcement Fairness Act (SBREFA) This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule: (a) Does not have an annual effect on the economy of $100 million or more. (b) Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. (c) Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreignbased enterprises. 5. Takings (E.O. 12630) In accordance with Executive Order 12630, the rule does not have significant takings implications. This rule makes E:\FR\FM\15FER1.SGM 15FER1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Rules and Regulations]
[Pages 8418-8427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02773]



[[Page 8418]]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0352; FRL-9463-01-R9]


Approval of Arizona State Implementation Plan Revisions; Maricopa 
County Air Quality Department; Stationary Source Permits; New Source 
Review

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's (MCAQD or Department) portion of the state implementation 
plan (SIP) for the State of Arizona. We are finalizing full approval of 
six MCAQD rules for the Department's New Source Review (NSR) 
preconstruction permitting program for new and modified stationary 
sources of air pollution under the Clean Air Act (CAA or the Act). The 
revisions update the MCAQD's NSR permitting program for new and 
modified sources of air pollution.

DATES: This rule is effective on March 17, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2020-0352. 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. If you need assistance 
in a language other than English or if you are a person with 
disabilities who needs a reasonable accommodation at no cost to you, 
please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Shaheerah Kelly, EPA Region IX, 75 
Hawthorne Street (AIR-3-1), San Francisco, California 94105. By phone 
at (415) 947-4156, 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
    A. Exemption for Agricultural Equipment used in Normal Farm 
Operations in Rule 200
    B. Public Hearing Requirements for Minor NSR Requirements in 
Rule 241
    C. Public Notification Requirements for General Permits in Rule 
230
III. Additional Developments After Notice of Proposed Rulemaking
IV. EPA Action
V. Incorporation by Reference
VI. 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 FIP mean or refer to Federal Implementation 
Plan.
    (vii) The initials FR mean or refer to Federal Register.
    (viii) The word or initials MCAQD, County, Maricopa County, or 
Department mean or refer to the Maricopa County Air Quality 
Department, the agency with jurisdiction over stationary sources 
within Maricopa County, Arizona.
    (ix) 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.
    (x) The initials NAAQS mean or refer to the National Ambient Air 
Quality Standards.
    (xi) The initials NSR mean or refer to New Source Review, which 
includes NNSR, PSD and minor NSR.
    (xii) The initials NNSR mean or refer to nonattainment New 
Source Review.
    (xiii) The initials PM2.5 mean or refer to 
particulate matter less than 2.5 micrometers.
    (xiv) The initials PM10 mean or refer to particulate 
matter less than 10 micrometers.
    (xv) The initials PSD mean or refer to Prevention of Significant 
Deterioration.
    (xvi) The initials SIP mean or refer to State Implementation 
Plan.
    (xvii) The word State means or refers to the State of Arizona.
    (xviii) The initials TSD mean or refer to the Technical Support 
Document.

I. Proposed Action

    On February 23, 2021, the EPA proposed to approve the rules listed 
in Table 1 for incorporation into the Arizona SIP. See 86 FR 10903. 
Although MCAQD Rule 230 was included in the December 20, 2019 SIP 
Submittal, and the EPA proposed approval in the February 23, 2021 
action, we are deferring action on Rule 230 at this time. Therefore, 
except for Rule 230, the rules listed in Table 1 constitute the MCAQD's 
EPA-approved air quality preconstruction NSR permit program.

                                         Table 1--MCAQD Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                   Adoption or
            Regulation & rule No.                         Rule title             amendment date      Submitted
----------------------------------------------------------------------------------------------------------------
Regulation I, Rule 100.......................  General Provisions; General            12/11/2019      12/20/2019
                                                Provisions and Definitions.
Regulation II, Rule 200......................  Permits and Fees; Permit               12/11/2019      12/20/2019
                                                Requirements.
Regulation II, Rule 210 \1\..................  Permits and Fees; Title V              12/11/2019      12/20/2019
                                                Permit Provisions.
Regulation II, Rule 220......................  Permits and Fees; Non-Title V          12/11/2019      12/20/2019
                                                Permit Provisions.
Regulation II, Rule 230 *....................  Permits and Fees; General              12/11/2019      12/20/2019
                                                Permits.
Regulation II, Rule 240......................  Permits and Fees; Federal Major        12/11/2019      12/20/2019
                                                New Source Review.
Regulation II, Rule 241......................  Permits and Fees; Minor New            12/11/2019      12/20/2019
                                                Source Review.
----------------------------------------------------------------------------------------------------------------
* The EPA is deferring action on Rule 230 at this time.

    We proposed to approve these rules as part of the MCAQD's general 
and major source NSR permitting programs because we determined that 
these rules

[[Page 8419]]

satisfy the substantive statutory and regulatory requirements for NSR 
permit programs as contained in (1) part C of title I (section 165) of 
the Act for Prevention of Significant Deterioration (PSD) program; (2) 
part D of title I (sections 172 and 173) of the Act for the 
nonattainment NSR program; (3) section 110(a)(2) of the Act for the 
general permitting requirements; (4) sections 110(l) and 193 of the Act 
for SIP revisions and the general savings clause; (5) the regulatory 
provisions in 40 CFR part 51, subpart I (Review of New Sources and 
Modifications) (40 CFR 51.160-51.166); and (6) subpart P (Protection of 
Visibility) (40 CFR 51.307).
---------------------------------------------------------------------------

    \1\ Rule 210 also contains provisions to address requirements 
under title V of the Act for operating permit programs, but 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.
---------------------------------------------------------------------------

    We also proposed to approve these rules because we determined that 
they address the deficiencies identified in our conditional approval of 
Rules 100 and 200 in the EPA's April 5, 2019 action. See 84 FR 13543. 
Finally, we proposed that the rules listed in Table 1 will replace the 
SIP-approved NSR program rules listed in Table 2, in their entirety.

                                 Table 2--MCAQD Rules To Be Removed or Replaced
----------------------------------------------------------------------------------------------------------------
                                                                               SIP approval    Federal Register
    Regulation & rule No.        Rule title     Adoption or amendment date         date            citation
----------------------------------------------------------------------------------------------------------------
Regulation I, Rule 2, No. 11  General          June 23, 1980...............  June 18, 1982..  47 FR 26382
 ``Alteration or               Provisions;
 Modification''.               Definitions.
Regulation I, Rule 2, No. 27  General          June 23, 1980...............  April 12, 1982.  47 FR 15579
 ``Dust''.                     Provisions;
                               Definitions.
Regulation I, Rule 2, No. 29  General          June 23, 1980...............  April 12, 1982.  47 FR 15579
 ``Emission''.                 Provisions;
                               Definitions.
Regulation I, Rule 2, No. 34  General          June 23, 1980...............  April 12, 1982.  47 FR 15579
 ``Existing Source             Provisions;
 Performance Standards''.      Definitions.
Regulation I, Rule 2, No. 37  General          June 23, 1980...............  April 12, 1982.  47 FR 15579
 ``Fly Ash''.                  Provisions;
                               Definitions.
Regulation I, Rule 2, No. 39  General          June 23, 1980...............  April 12, 1982.  47 FR 15579
 ``Fuel''.                     Provisions;
                               Definitions.
Regulation I, Rule 2, No. 42  General          June 23, 1980...............  April 12, 1982.  47 FR 15579
 ``Fume''.                     Provisions;
                               Definitions.
Regulation I, Rule 2, No. 55  General          June 23, 1980...............  April 12, 1982.  47 FR 15579
 ``Motor Vehicle''.            Provisions;
                               Definitions.
Regulation I, Rule 2, No. 59  General          June 23, 1980...............  April 12, 1982.  47 FR 15579
 ``Non-Point Source''.         Provisions;
                               Definitions.
Regulation I, Rule 2, No. 60  General          June 23, 1980...............  April 12, 1982.  47 FR 15579
 ``Odors''.                    Provisions;
                               Definitions.
Regulation I, Rule 2, No. 64  General          June 23, 1980...............  April 12, 1982.  47 FR 15579
 ``Organic Solvent''.          Provisions;
                               Definitions.
Regulation I, Rule 2, No. 70  General          June 23, 1980...............  April 12, 1982.  47 FR 15579
 ``Plume''.                    Provisions;
                               Definitions.
Regulation I, Rule 2, No. 80  General          June 23, 1980...............  April 12, 1982.  47 FR 15579
 ``Smoke''.                    Provisions;
                               Definitions.
Regulation I, Rule 2, No. 91  General          June 23, 1980...............  April 12, 1982.  47 FR 15579
 ``Vapor''.                    Provisions;
                               Definitions.
Regulation II, Rule 21,       Permits and      October 25, 1982............  August 10,       53 FR 30224;
 Section D.1 (AZ R9-3-101,     Fees;                                          1988; Vacated;  56 FR 3219
 Paragraph 52 ``Dust'').       Procedures for                                 restored on
                               Obtaining an                                   January 29,
                               Installation                                   1991.
                               Permit.
Regulation II, Rule 21,       Permits and      October 25, 1982............  August 10,       53 FR 30224;
 Section D.1 (AZ R9-3-101,     Fees;                                          1988; Vacated;  56 FR 3219
 Paragraph 56 ``Emission'').   Procedures for                                 restored on
                               Obtaining an                                   January 29,
                               Installation                                   1991.
                               Permit.
Regulation II, Rule 21,       Permits and      October 25, 1982............  August 10,       53 FR 30224;
 Section D.1 (AZ R9-3-101,     Fees;                                          1988; Vacated;  56 FR 3219
 Paragraph 63 ``Existing       Procedures for                                 restored on
 Source Performance            Obtaining an                                   January 29,
 Standards'').                 Installation                                   1991.
                               Permit.
Regulation II, Rule 21,       Permits and      October 25, 1982............  August 10,       53 FR 30224;
 Section D.1 (AZ R9-3-101,     Fees;                                          1988; Vacated;  56 FR 3219
 Paragraph 70 ``Fuel'').       Procedures for                                 restored on
                               Obtaining an                                   January 29,
                               Installation                                   1991.
                               Permit.
Regulation II, Rule 21,       Permits and      October 25, 1982............  August 10,       53 FR 30224;
 Section D.1 (AZ R9-3-101,     Fees;                                          1988; Vacated;  56 FR 3219
 Paragraph 71 ``Fuel Burning   Procedures for                                 restored on
 Equipment'').                 Obtaining an                                   January 29,
                               Installation                                   1991.
                               Permit.
Regulation II, Rule 21,       Permits and      October 25, 1982............  August 10,       53 FR 30224;
 Section D.1 (AZ R9-3-101,     Fees;                                          1988; Vacated;  56 FR 3219
 Paragraph 74 ``Fume'').       Procedures for                                 restored on
                               Obtaining an                                   January 29,
                               Installation                                   1991.
                               Permit.
Regulation II, Rule 21,       Permits and      October 25, 1982............  August 10,       53 FR 30224;
 Section D.1 (AZ R9-3-101,     Fees;                                          1988; Vacated;  56 FR 3219
 Paragraph 103 ``Motor         Procedures for                                 restored on
 Vehicle'').                   Obtaining an                                   January 29,
                               Installation                                   1991.
                               Permit.
Regulation II, Rule 21,       Permits and      October 25, 1982............  August 10,       53 FR 30224;
 Section D.1 (AZ R9-3-101,     Fees;                                          1988; Vacated;  56 FR 3219
 Paragraph 114 ``Non-Point     Procedures for                                 restored on
 Source'').                    Obtaining an                                   January 29,
                               Installation                                   1991.
                               Permit.
Regulation II, Rule 21,       Permits and      October 25, 1982............  August 10,       53 FR 30224;
 Section D.1 (AZ R9-3-101,     Fees;                                          1988; Vacated;  56 FR 3219
 Paragraph 122                 Procedures for                                 restored on
 ``Photochemically Reactive    Obtaining an                                   January 29,
 Solvent'').                   Installation                                   1991.
                               Permit.
Regulation II, Rule 21,       Permits and      October 25, 1982............  August 10,       53 FR 30224;
 Section D.1 (AZ R9-3-101,     Fees;                                          1988; Vacated;  56 FR 3219
 Paragraph 123 ``Plume'').     Procedures for                                 restored on
                               Obtaining an                                   January 29,
                               Installation                                   1991.
                               Permit.
Regulation II, Rule 21,       Permits and      October 25, 1982............  August 10,       53 FR 30224;
 Section D.1 (AZ R9-3-101,     Fees;                                          1988; Vacated;  56 FR 3219
 Paragraph 128 ``Process'').   Procedures for                                 restored on
                               Obtaining an                                   January 29,
                               Installation                                   1991.
                               Permit.
Regulation II, Rule 21,       Permits and      October 25, 1982............  August 10,       53 FR 30224;
 Section D.1 (AZ R9-3-101,     Fees;                                          1988; Vacated;  56 FR 3219
 Paragraph 129 ``Process       Procedures for                                 restored on
 Source'').                    Obtaining an                                   January 29,
                               Installation                                   1991.
                               Permit.
Regulation II, Rule 21,       Permits and      October 25, 1982............  August 10,       53 FR 30224;
 Section D.1 (AZ R9-3-101,     Fees;                                          1988; Vacated;  56 FR 3219
 Paragraph 150 ``Smoke'').     Procedures for                                 restored on
                               Obtaining an                                   January 29,
                               Installation                                   1991.
                               Permit.
Regulation II, Rule 21,       Permits and      October 25, 1982............  August 10,       53 FR 30224;
 Section D.1 (AZ R9-3-101,     Fees;                                          1988; Vacated;  56 FR 3219
 Paragraph 151 ``Soot'') \2\.  Procedures for                                 restored on
                               Obtaining an                                   January 29,
                               Installation                                   1991.
                               Permit.

[[Page 8420]]

 
Regulation II, Rule 21,       Permits and      October 25, 1982............  August 10,       53 FR 30224;
 Section D.1 (AZ R9-3-101,     Fees;                                          1988; Vacated;  56 FR 3219
 Paragraph 160                 Procedures for                                 restored on
 ``Supplementary Control       Obtaining an                                   January 29,
 System (SCS)'').              Installation                                   1991.
                               Permit.
Rule 21, Section D.1 (AZ R9-  Permits and      October 25, 1982............  August 10,       53 FR 30224;
 3-101, Paragraph 166          Fees;                                          1988; Vacated;  56 FR 3219
 ``Vapor'').                   Procedures for                                 restored on
                               Obtaining an                                   January 29,
                               Installation                                   1991.
                               Permit.
Regulation II, Rule 21,       Permits and      October 25, 1982............  August 10,       53 FR 30224;
 Section D.1 (AZ R9-3-101,     Fees;                                          1988; Vacated;  56 FR 3219
 Paragraph 167 ``Vapor         Procedures for                                 restored on
 Pressure'').                  Obtaining an                                   January 29,
                               Installation                                   1991.
                               Permit.
Regulation II, Rule 21,       Permits and      October 25, 1982............  August 10,       53 FR 30224;
 Section D.1 (AZ R9-3-101,     Fees;                                          1988; Vacated;  56 FR 3219
 Paragraph 168 ``Visible       Procedures for                                 restored on
 Emissions'').                 Obtaining an                                   January 29,
                               Installation                                   1991.
                               Permit.
Regulation I, Rule 100        General          February 3, 2016............  April 5, 2019..  84 FR 13543
 (except Sections 200.24,      Provisions;
 200.73, 200.104(c)).          General
                               Provisions and
                               Definitions.
Regulation II, Rule 200.....  Permits and      February 3, 2016............  April 5, 2019..  84 FR 13543
                               Fees; Permit
                               Requirements.
Regulation II, Rule 210.....  Permits and      February 3, 2016............  April 5, 2019..  84 FR 13543
                               Fees; Title V
                               Permit
                               Provisions.
Regulation II, Rule 220.....  Permits and      February 3, 2016............  April 5, 2019..  84 FR 13543
                               Fees; Non-
                               Title V Permit
                               Provisions.
Regulation II, Rule 240       Permits and      February 3, 2016............  April 5, 2019..  84 FR 13543
 (except Section 305).         Fees; Federal
                               Major New
                               Source Review
                               (NSR).
Regulation II, Rule 241.....  Permits and      September 7, 2016 \3\.......  April 5, 2019..  84 FR 13543
                               Fees; Minor
                               New Source
                               Review (NSR).
----------------------------------------------------------------------------------------------------------------

    Our TSD, which can be found in the docket for this rulemaking, 
contains a more detailed discusssion of the approval criteria and our 
evaluation of the rules in Table 1.
---------------------------------------------------------------------------

    \2\ The correct citation for the definition of ``Soot'' is Rule 
21, Section D.1 (AZ R9-3-101, Paragraph 151), and not Paragraph 152 
which was in the April 5, 2019 final action.
    \3\ The correct adoption or amendment date for Rule 241 is 
September 7, 2016, and not February 3, 2016 as stated in the EPA's 
actions in 84 FR 13550 (April 5, 2019), 84 FR 18396 (May 1, 2019), 
and 86 FR 10906 (February 23, 2021).
---------------------------------------------------------------------------

II. Public Comments and EPA Responses

    The EPA's February 23, 2021 proposed rulemaking provided a 30-day 
public comment period. We received comments from the Arizona Center for 
Law in the Public Interest (ACLPI). The full text of the ACLPI's public 
comments is available in the docket for this rulemaking. The EPA's 
summaries of, and responses to, these public comments are as follows:

A. Exemption for Agricultural Equipment Used in Normal Farm Operations 
in Rule 200

    Comment: The commenter states that the MCAQD has failed to identify 
the types of equipment that it considers to be ``agricultural equipment 
used in normal farm operations'' and that ``fugitive emissions'' are 
not a type of ``activity'' or ``equipment.'' The commenter states that 
the MCAQD's exemption for agricultural equipment used in normal farm 
operations is vague to the point of unenforceability. The commenter 
states that this vagueness prevents scrutiny of whether the fugitive 
emissions are actually fugitive (i.e., could not reasonably pass 
through a stack, chimney, vent, or other functionally equivalent 
opening).
    Response: The EPA respectfully disagrees with this comment. In our 
proposed rulemaking for the June 11, 2018 conditional approval action, 
the EPA stated that the MCAQD must provide a basis consistent with 40 
CFR 51.160(e) to demonstrate that regulation of the equipment exempted 
under Rule 200, Section 305 is not needed for the MCAQD's federal NSR 
program to meet requirements for attainment and maintenance of the 
NAAQS or review for compliance with the control strategy. See 83 FR 
26912, 26915 (June 11, 2018). Among other things, we also stated that 
such demonstrations must address identification of the types of 
equipment that the MCAQD considers to be ``agricultural equipment used 
in normal farm operations.'' In its December 20, 2019 SIP Submittal, 
the MCAQD responded by explaining that it had revised Rule 200 to 
exempt only ``fugitive emissions from agricultural equipment used in 
normal farm operations'' [emphasis added]. See Rule 200, Section 
305.2.i.
    The submitted revision to the ``agricultural equipment used in 
normal farm operations'' exemption considerably clarifies and narrows 
the scope of the exemption. Although, as the commenter mentions, 
fugitive emissions are not a specific type of activity or equipment, we 
find that the clarification regarding the scope of the exemption in the 
rule revision that was provided by the MCAQD is sufficient to meet the 
requirements of our June 11, 2018 conditional approval action and the 
CAA. As an initial matter, we note that, in addition to the fact that 
the exemption is now limited to fugitive emissions from agricultural 
equipment used in normal farm operations, the explicit language of the 
exemption provision clearly specifies that it does not apply to any 
equipment that would otherwise require a permit under Title V of the 
Act. A title V permit is required for any major source \4\ as defined 
in 40 CFR 70.2.\5\ A stationary source that is required to obtain a 
major NSR (PSD or nonattainment NSR) permit, is also required to obtain 
a title V permit.\6\

[[Page 8421]]

Therefore, no major stationary source qualifies for the MCAQD's 
``fugitive emissions from agricultural equipment used in normal farm 
operations'' exemption (agricultural equipment exemption), regardless 
of whether any of its emissions units emit fugitive emissions. The rule 
is also clear that the exemption does not apply to any equipment 
subject to the New Source Performance Standards (NSPS) under 40 CFR 
part 60, nor to the National Emission Standards for Hazardous Air 
Pollutants (NESHAP) under 40 CFR parts 61 and 63. Again, this is the 
case regardless of whether the emissions are fugitive or non-fugitive. 
For example, diesel-fired engines are commonly used at agricultural 
sources, and are subject to a NSPS and/or NESHAP requirement.\7\ 
Accordingly, such engines do not qualify for the agricultural equipment 
exemption. The EPA also notes that the MCAQD's permit program only 
applies to stationary sources, therefore any mobile equipment, such as 
tractors, are already exempt from permit program requirements. Thus, 
the exemption is limited to fugitive emissions from agricultural 
equipment used in normal farm operations, located at minor stationary 
sources that are not subject to any NSPS or NESHAP. The EPA believes 
this is a sufficiently small universe of sources to satisfy the 
requirements of 40 CFR 51.160(e) and our June 11, 2018 conditional 
approval action.
---------------------------------------------------------------------------

    \4\ ``Stationary source'' means any building, structure, 
facility, or installation which emits or may emit a regulated NSR 
pollutant. See Rule 100, Section 200.123, 40 CFR 51.165(a)(1)(i), 
and 40 CFR 51.166(b)(5).
    \5\ Under 40 CFR 70.2, a major source is a stationary source of 
air pollutants, as defined in section 302 of the Act, that directly 
emits, or has the potential to emit, 100 tpy or more of any air 
pollutant subject to regulation (including any major source of 
fugitive emissions of any such pollutant, as determined by rule by 
the Administrator). It is also defined as a stationary source that 
emits or has the potential to emit, in the aggregate, 10 tpy or more 
of any hazardous air pollutant which has been listed pursuant to 
section 112(b) of the Act, 25 tpy or more of any combination of such 
hazardous air pollutants, or such lesser quantity as the 
Administrator may establish by rule.
    \6\ For nonattainment areas, a major NSR permit is required for 
a stationary source of air pollutants that emits, or has the 
potential to emit, 100 tons per year or more of any regulated NSR 
pollutant, except that lower emissions thresholds apply in areas 
subject to subpart 2, subpart 3, or subpart 4 of part D, title I of 
the CAA (e.g., since Maricopa County is a serious nonattainment area 
for PM10, an emissions threshold of 70 tpy applies). See 
Rule 240, Section 202 and 40 CFR 51.165(a)(1)(iv)(A)(1). For 
attainment or unclassifiable areas, a major NSR permit is required 
for a stationary source of air pollutants, that belongs to one of 
the 28 source categories, and which emits, or has the potential to 
emit, 100 tons per year or more of any regulated NSR pollutant; a 
major NSR permit is also required for a stationary source which 
emits, or has the potential to emit, 250 tons per year or more of a 
regulated NSR pollutant. See Rule 240, Section 203, 40 CFR 
51.166(b)(1)(i)(a)-(b) and 40 CFR 52.21(b)(1)(i)(a)-(b).
    \7\ See the NSPS regulations at 40 CFR part 60, subparts IIII 
and JJJJ, and the NESHAP regulations 40 CFR part 63, subparts ZZZZ.
---------------------------------------------------------------------------

    The EPA also disagrees with the commenter's claim that the revision 
to Section 305.2.i is too vague to be enforceable. Fugitive emissions 
are defined in Rule 100, Section 200.56 as ``[a]ny emission which could 
not reasonably pass through a stack, chimney, vent, or other 
functionally equivalent opening.'' This definition is consistent with 
the EPA's regulatory definition of ``fugitive emissions'' for SIP-
approved PSD and NNSR programs at 40 CFR 51.166(b)(20) and 
51.165(a)(1)(ix), respectively. The MCAQD considers this definition and 
the specific circumstances of the emissions-generating activity when 
implementing various NSR requirements and determining whether emissions 
are fugitive. In this case, the MCAQD can determine if the emissions 
from agricultural equipment are fugitive, and thus qualify for the 
exemption, before they address whether they are used in ``normal farm 
operations.'' Under the federal NSR permitting program, fugitive 
emissions need not be considered when determining permit requirements, 
unless the source is one of the categorical sources identified. See 
Rule 100, Section 200.28; 40 CFR 51.165(a)(1)(iv)(C) and 
51.166(b)(1)(iii). Therefore, we disagree with the commenter that the 
MCAQD's exemption prevents scrutiny of whether potentially exempt 
emissions are, in fact, fugitive emissions. We also note that the 
MCAQD's SIP-approved minor NSR program already exempts fugitive 
emissions from permit requirements for a minor source that doesn't 
belong to one of the categorical sources under Rule 100, Section 
200.28. See 84 FR 13543 (April 5, 2019) and 84 FR 18392 (May 1, 2019).
    In sum, while the revised exemption does not specifically define 
``agricultural equipment used in normal farm operations,'' we have 
determined that the revision clarifies and narrows how the exemption is 
used and addresses the concerns in our conditional approval regarding 
the need for additional clarification regarding this exemption.
    Comment: The commenter stated that the MCAQD still provides no 
basis for determining that fugitive emissions from ``agricultural 
equipment used in normal farm operations'' do not need to be regulated 
as part of the MCAQD's minor NSR program under 40 CFR 51.160(e). The 
commenter stated that although the EPA compared the MCAQD's exemption 
to a similarly worded exemption in the State regulations implemented by 
the ADEQ, the ADEQ's regulation suffers from the same problem. The 
commenter stated that, as with the ADEQ's exemption, the MCAQD's 
exemption violates CAA section 110(l) and Appendix V, sections 2.2(d) 
and 2.2(e).
    Response: The EPA respectfully disagrees with this comment. The 
MCAQD's December 20, 2019 SIP Submittal provides a rationale and basis 
for the exemption of certain agricultural equipment used in normal farm 
operations under 40 CFR 51.160(e). See December 20, 2019 MCAQD 
Submittal at 12-14. This information, in addition to other available 
information, demonstrates that the MCAQD reasonably concluded that the 
exemption of fugitive emissions from agricultural equipment used in 
normal farm operations is inconsequential to attainment and maintenance 
of the NAAQS.\8\
---------------------------------------------------------------------------

    \8\ In reviewing the MCAQD's minor NSR program under 40 CFR 
51.160(e), the EPA considered it appropriate to exclude emissions 
from its NSR program if such emissions would be ``inconsequential to 
attainment or maintenance of the NAAQS.'' See 86 FR 31927, 31936, 
footnote 21 (June 16, 2021). This was the same standard that the EPA 
used in developing the permitting thresholds for its minor NSR 
program for Indian country. See 76 FR 38748, 38758 (July 1, 2011).
---------------------------------------------------------------------------

    As discussed in the EPA's response to the previous comment, the 
exemption in Rule 200, Section 305.2.i for agricultural equipment used 
in normal farm operations only applies to fugitive emissions, is only 
available to minor sources, and is not available for sources subject to 
an NSPS or NESHAP. Additionally, the MCAQD's SIP-approved minor NSR 
program already exempts fugitive emissions from permit requirements for 
a minor source that doesn't belong to one of the categorical sources 
under Rule 100, Section 200.28. See 84 FR 13543 (April 5, 2019) and 84 
FR 18392 (May 1, 2019).
    Thus, there is sufficient evidence that the exemption for fugitive 
emissions from agricultural equipment used in normal farm operations is 
available only to a very narrow group of minor sources. Such emissions 
are already exempt from regulation under NSR, or they come from 
stationary equipment such as boilers or engines, which are subject to 
the NSPS and thus do not qualify for the exemption in Rule 200, Section 
305. We therefore find the MCAQD's exemption for fugitive emissions 
from agricultural equipment used in normal farm operations to be 
reasonable under 40 CFR 51.160(e).
    The commenters also indicate that the EPA's approval of the MCAQD's 
2019 NSR Submittal conflicts with the requirement in CAA section 110(l) 
that the EPA ``shall not approve a revision of a plan if the revision 
would interfere with any applicable requirement concerning attainment 
and reasonable further progress . . . or any other applicable 
requirement of this chapter.'' For the reasons stated in this document 
and in our proposal, we continue to find that this action strengthens 
the overall SIP and does not relax or otherwise interfere with any SIP 
requirements related to attaining the NAAQS in Maricopa County, 
Arizona.
    The commenters make the related argument that the MCAQD's SIP 
revision does not satisfy section 2.2(d) of Appendix V to 40 CFR part 
51.\9\ As

[[Page 8422]]

described above, the MCAQD's 2019 NSR Submittal contains sufficient 
information to support our conclusion that the MCAQD's NSR program 
meets the requirements of the CAA and its implementing regulations and 
will not interfere with attainment or maintenance of the NAAQS.
---------------------------------------------------------------------------

    \9\ The commenters reference the portion of section 2.2(d) that 
requires SIP submittals to demonstrate ``that the national ambient 
air quality standards, prevention of significant deterioration 
increments, reasonable further progress demonstration, and 
visibility, as applicable, are protected if the plan is approved and 
implemented.'' See 40 CFR part 51, Appendix V, section 2.2(d).
---------------------------------------------------------------------------

    Lastly, in response to the commenter's argument that the MCAQD 
should have included a modeling demonstration to meet the requirements 
of section 2.2(e) of Appendix V to 40 CFR part 51, the commenters have 
not accurately characterized these requirements. We do not interpret 
section 2.2(e) of Appendix V to require that every SIP submittal 
contain a modeling demonstration, as implied by the commenters. 
Instead, when a modeling demonstration is necessary and is therefore 
included in a submittal to support the SIP revision, then the submittal 
must also contain the underlying modeling information outlined in 
section 2.2(e). We find that section 2.2(e) of Appendix V is not 
applicable to the MCAQD's NSR Submittal because modeling was not used 
to support this SIP revision nor was a modeling demonstration required 
in this instance.
    For the reasons discussed above, we find that the MCAQD reasonably 
concluded that the exemption of ``fugitive emissions from agricultural 
equipment used in normal farm operations'' from its minor NSR program 
will not interfere with attainment or maintenance of the NAAQS, 
consistent with 40 CFR 51.160(e). Because the exemption will not 
interfere with attainment or maintenance of the NAAQS, or interfere 
with the overall control strategy, it is consistent with CAA section 
110(l) and section 2.2(d) of Appendix V to 40 CFR part 51.
    Comment: The commenter stated that, while fugitive dust emissions 
from farm operations are primarily addressed through Arizona's Ag BMP 
general permit program, experience with the Ag BMP program in both 
Maricopa County and Pinal County has demonstrated that it is inadequate 
to ensure compliance with the PM10 NAAQS. The commenter 
further stated that both the MCAQD and ADEQ PM10 
nonattainment areas continue to violate the NAAQS decades after the Ag 
BMP program was adopted and agricultural emissions are a key 
contributor. The commenter also noted that the EPA proposed a limited 
approval and limited disapproval of Arizona's Ag BMP statute and 
regulations for Arizona on February 26, 2021. The commenter indicated 
that in light of these concerns, the EPA must disapprove the MCAQD's 
exemption for ``agricultural equipment used in normal farm 
operations.''
    Response: The EPA respectfully disagrees that it must disapprove 
the MCAQD's exemption for ``agricultural equipment used in normal farm 
operations'' based on the commenter's concerns about Arizona's Ag BMP 
program. As discussed in detail in our responses above, we find that 
the MCAQD's exemption from NSR review of a narrow subset of minor 
agricultural sources with fugitive emissions through its exemption for 
``fugitive emissions from agricultural equipment used in normal farm 
operations'' is reasonable. The EPA is not evaluating, updating, or 
relying on the existing EPA-approved Ag BMP program rules in the 
Arizona SIP as part of this rulemaking.\10\ We understand that the ADEQ 
submitted revisions to the Arizona SIP to update the Ag BMP rules; 
however, those revisions are not part of our NSR rulemaking action.
---------------------------------------------------------------------------

    \10\ Further, to the extent the commenter has raised concerns 
about the regulation of air pollution sources located in Pinal 
County, the commenter has not explained how those concerns are 
relevant to this rulemaking action, which pertains specifically to 
the MCAQD's NSR program, which applies only in Maricopa County.
---------------------------------------------------------------------------

B. Public Hearing Requirements for Minor NSR Requirements in Rule 241

    Comment: The commenter stated that the MCAQD revised Rule 241, 
Section 310 by deleting public hearing requirements and stated that the 
revised provision provides that the public notice requirements in Rules 
210 and/or 220 shall be required if the emissions of any one pollutant 
is equal to or greater than the public notice thresholds as defined in 
Rule 100. The commenter further noted that the EPA stated that the same 
or similar language that was deleted from Rule 241, Section 310 was 
contained in portions of Rules 210 and 220, and that therefore the 
change was consistent with the requirements of 40 CFR 51.161(a), and 
the EPA's regulations at 40 CFR 51.160-164. The commenter then states 
that Rule 210, Sections 408.4.g and 408.5, and Rule 220, Sections 407.5 
and 407.7 contain more than just public notice requirements, but also 
contain requirements to accept public comments and hold a hearing upon 
request. The commenter concluded by asserting that Rule 241, Section 
310 should be amended to clarify that it incorporates all of the public 
participation requirements in Rules 210 and 220.
    Response: The EPA respectfully disagrees with the commenter that 
Rule 241, Section 310 should be amended to make the suggested 
clarification. Rule 241, Section 310 states that ``Public notice 
requirements pursuant to Rules 210 and or 220 of these rules shall be 
required for a permit or permit revision if . . .'' emissions are equal 
to or greater than the public notice thresholds in Rule 100. The public 
notice requirements contained in Rules 210 and 220 are found in 
Sections 408 and 407, respectively, which are titled ``PUBLIC 
PARTICIPATION.'' Critically, the public hearing requirements of those 
rules contain public notice requirements, such as the requirement to 
publish a notice at least two times in a newspaper of general 
circulation to ensure adequate notice to the affected public. The 
requirement to accept public comments is also linked to the requirement 
to provide public notice in both rules, such as the requirement to 
allow at least 30 days for public comment following public notice of 
the comment period. While we agree that it would be clearer if Rule 
241, Section 310 stated that the ``public participation'' rather than 
the ``public notice'' requirements of Rules 210 and/or 220 must be met, 
we believe it is sufficiently clear that all of the public 
participation requirements in Rule 210, Section 408 and Rule 220, 
Section 407 are applicable if emissions are equal to or greater than 
the public notice thresholds in Rule 100. Therefore, we continue to 
find that the revisions to Rule 241, Section 310 are acceptable and 
consistent with the requirements of the Act and its implementing 
regulations.

C. Public Notification Requirements for General Permits in Rule 230

    The commenter also provided comments regarding our proposed 
approval of Rule 230 into the MCAQD portion of the Arizona SIP. The EPA 
is deferring final action on Rule 230 at this time. Therefore, the EPA 
is not addressing these comments as part of this final action.

III. Additional Developments After Notice of Proposed Rulemaking

    On January 29, 2021, the U.S. Court of Appeals for the District of 
Columbia Circuit issued its opinion in Sierra Club v. EPA (Case No. 15-
1465), granting in part and denying in part petitions for review of 
four provisions of the 2015 and 2018 ozone NAAQS implementation rules. 
Among other things, the court vacated the provisions

[[Page 8423]]

of the rule allowing interprecursor trading of ozone precursors (See 
2018 Implementation Rule, 83 FR 62998, 63016-63021). The court's 
judgment became final and effective on March 23, 2021, when the court 
issued its mandate. In response to this, on June 10, 2021, the ADEQ 
withdrew the provisions in Rule 240, Section 304.4.e.(1) for 
interpollutant offsetting from the NNSR requirements of the rule. The 
EPA finds this withdrawal acceptable, given the court's vacatur of 
these provisions in the EPA's regulations. Accordingly, this provision 
will not be included in the version of Rule 240 incorporated into the 
Maricopa County portion of the Arizona SIP.
    We note that the EPA recently adopted a rule known as the NSR Error 
Corrections Rule, effective August 18, 2021, which corrected minor, 
inadvertent, and non-substantive errors in 40 CFR parts 51 and 52, 
which govern NSR permitting programs, and updated the regulatory text 
to reflect statutory changes and certain court decisions vacating 
elements of the regulatory text, but did not change the requirements 
within these programs. See 86 FR 37918 (July 19, 2021). States have 
discretion as to when to make the changes indicated in this rulemaking 
and may choose to combine them with other SIP submittals. See 86 FR 
37918, 37923-37924. Accordingly, this recent rulemaking does not affect 
our final action.

IV. EPA Action

    No comments were submitted that change our assessment that the 
MCAQD's Rules 100, 200, 210, 220, 240, and 241 satisfy the applicable 
CAA requirements, nor were any comments submitted that change our 
assessment that certain MCAQD rules should be removed from the Arizona 
SIP. As discussed above, we are deferring action on Rule 230 at this 
time. Therefore, as authorized under CAA sections 110(k)(3) and 301(a), 
and for the reasons set forth in our February 23, 2021 proposed rule, 
we are finalizing full approval of submitted Rules 100, 200, 210, 220, 
240 (except Section 304.4.e.(1)), and 241, in the MCAQD portion of the 
Arizona SIP. We are also removing from the MCAQD portion of the Arizona 
SIP the rules identified in Table 2.
    This action incorporates Rules 100, 200, 210, 220, 240 (except 
Section 304.4.e.(1)), and 241 into the federally enforceable SIP 
through revisions to 40 CFR 52.120 (Identification of plan). We are 
amending 40 CFR 52.119(b) (Identification of plan--conditional 
approvals) to remove the conditional approval of Rules 100 and 200 
since the MCAQD's December 20, 2019 Submittal addressed the 
deficiencies identified by the EPA, and we are now fully approving 
Rules 100 and 200. We are amending the PSD FIP requirements in 40 CFR 
52.144 (Significant deterioration of air quality) since we are 
approving the PSD program provisions in Rule 240 into the MCAQD portion 
of the Arizona SIP. We are also amending the visibility FIP in 40 CFR 
52.145(b) (Visibility protection) since we have determined that the 
MCAQD's NNSR and PSD programs comply with the visibility requirements 
in 40 CFR 51.307.

V. 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, with the exception of Rule 
230. 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.\11\
---------------------------------------------------------------------------

    \11\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

    Also in this document, as described in the amendments to 40 CFR 
part 52 set forth below, the EPA is removing provisions from the EPA-
approved rules for the ADEQ portion of the Arizona SIP, which is 
incorporated by reference in accordance with the requirements of 1 CFR 
part 51.

VI. 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);
     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

[[Page 8424]]

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 [Insert date 60 days after 
date of publication in the Federal Register]. 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

    Environmental protection, Administrative practice and procedure, 
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.

    Dated: February 3, 2022.
Martha Guzman Aceves,
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


Sec.  52.119   [Amended]

0
2. In Sec.  52.119, remove and reserve paragraph (b).

0
3. In Sec.  52.120, revise table 4 in paragraph (c) to read as follows:


Sec.  52.120   Identification of plan.

* * * * *
    (c) * * *

            Table 4 to Paragraph (c)--EPA-Approved Maricopa County Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State effective                           Additional
         County citation             Title/subject           date          EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------
                                         Pre-July 1988 Rule Codification
----------------------------------------------------------------------------------------------------------------
                                             Regulation II--Permits
----------------------------------------------------------------------------------------------------------------
Rule 22 (paragraphs A, C, D, F,   Permit Denial-      August 12, 1971...  July 27, 1972, 37   Paragraphs B and E
 G, and H).                        Action-Transfer-                        FR 15080.           have been
                                   Expiration-                                                 superseded.
                                   Posting-
                                   Revocation-
                                   Compliance.
Rule 27.........................  Performance tests.  June 23, 1980.....  April 12, 1982, 47  Submitted on June
                                                                           FR 15579.           23, 1980.
Rule 28.........................  Permit Fees.......  March 8, 1982.....  June 18, 1982, 47   Submitted on March
                                                                           FR 26382.           8, 1982.
----------------------------------------------------------------------------------------------------------------
                                   Regulation III--Control of Air Contaminants
----------------------------------------------------------------------------------------------------------------
Rule 32, Paragraph G............  Other Industries..  October 1, 1975...  April 12, 1982, 47  Paragraph G of
                                                                           FR 15579.           Rule 32 (``Odors
                                                                                               and Gaseous
                                                                                               Emissions'') is
                                                                                               titled ``Other
                                                                                               Industries.''
                                                                                               Submitted on June
                                                                                               23, 1980.
Rule 32, Paragraph H............  Fuel Burning        October 1, 1975...  April 12, 1982, 47  Paragraph H of
                                   Equipment for                           FR 15579.           Rule 32 (``Odors
                                   Producing                                                   and Gaseous
                                   Electric Power                                              Emissions'') is
                                   (Sulfur Dioxide).                                           titled ``Fuel
                                                                                               Burning Equipment
                                                                                               for Producing
                                                                                               Electric Power
                                                                                               (Sulfur
                                                                                               Dioxide).''
                                                                                               Submitted on June
                                                                                               23, 1980.
Rule 32, Paragraph J............  Operating           June 23, 1980.....  April 12, 1982, 47  Paragraph J of
                                   Requirements for                        FR 15579.           Rule 32 (``Odors
                                   an Asphalt Kettle.                                          and Gaseous
                                                                                               Emissions'') is
                                                                                               titled
                                                                                               ``Operating
                                                                                               Requirements for
                                                                                               an Asphalt
                                                                                               Kettle.''
                                                                                               Submitted on June
                                                                                               23, 1980.
Rule 32, Paragraph K............  Emissions of        June 23, 1980.....  April 12, 1982, 47  Paragraph K of
                                   Carbon Monoxide.                        FR 15579.           Rule 32 (``Odors
                                                                                               and Gaseous
                                                                                               Emissions'') is
                                                                                               titled
                                                                                               ``Emissions of
                                                                                               Carbon
                                                                                               Monoxide.''
                                                                                               Submitted on June
                                                                                               23, 1980.
Rule 32 (Paragraphs A through F   Odors and Gaseous   August 12, 1971...  July 27, 1972, 37   Paragraph G was
 only).                            Emissions.                              FR 15080.           superseded by
                                                                                               approval of
                                                                                               paragraph J of
                                                                                               amended Rule 32.
                                                                                               Submitted on May
                                                                                               26, 1972.
Rule 35.........................  Incinerators......  August 12, 1971...  July 27, 1972, 37   Superseded by
                                                                           FR 15080.           approval of
                                                                                               Maricopa Rule 313
                                                                                               published on
                                                                                               September 25,
                                                                                               2014, except for
                                                                                               Hospital/Medical/
                                                                                               Infectious Waste
                                                                                               Incinerators.
                                                                                               Submitted on May
                                                                                               26, 1972.
----------------------------------------------------------------------------------------------------------------
                Regulation IV--Production of Records; Monitoring; Testing and Sampling Facilities
----------------------------------------------------------------------------------------------------------------
Rule 41, paragraph A............  Monitoring........  August 12, 1971...  July 27, 1972, 37   Submitted on May
                                                                           FR 15080.           26, 1972.
Rule 41, paragraph B............  Monitoring........  October 2, 1978...  April 12, 1982, 47  Submitted on
                                                                           FR 15579.           January 18, 1979.
Rule 42.........................  Testing and         August 12, 1971...  July 27, 1972, 37   Submitted on May
                                   Sampling.                               FR 15080.           26, 1972.
----------------------------------------------------------------------------------------------------------------

[[Page 8425]]

 
                                      Regulation VII--Emergency Procedures
----------------------------------------------------------------------------------------------------------------
Rule 74, paragraph C............  Public              June 23, 1980.....  April 12, 1982, 47  Submitted on June
                                   Notification.                           FR 15579.           23, 1980.
                                                                                               Paragraphs A, B,
                                                                                               and D superseded
                                                                                               by approval of
                                                                                               Rule 510
                                                                                               published on
                                                                                               November 9, 2009.
----------------------------------------------------------------------------------------------------------------
                                     Regulation VIII--Validity and Operation
----------------------------------------------------------------------------------------------------------------
Rule 81.........................  Operation.........  August 12, 1971...  July 27, 1972, 37   Submitted on May
                                                                           FR 15080.           26, 1972.
----------------------------------------------------------------------------------------------------------------
                                        Post-July 1988 Rule Codification
----------------------------------------------------------------------------------------------------------------
                                        Regulation I--General Provisions
----------------------------------------------------------------------------------------------------------------
Rule 100........................  General Provisions  December 11, 2019.  February 15, 2022,  Submitted on
                                   and Definitions.                        [INSERT FEDERAL     December 20,
                                                                           REGISTER            2019.
                                                                           CITATION].
Rule 140........................  Excess Emissions..  Revised September   August 27, 2002,    Submitted on
                                                       5, 2001.            67 FR 54957.        February 22,
                                                                                               2002.
----------------------------------------------------------------------------------------------------------------
                                         Regulation II--Permits and Fees
----------------------------------------------------------------------------------------------------------------
Rule 200........................  Permit              December 11, 2019.  February 15, 2022,  Submitted on
                                   Requirements.                           [INSERT FEDERAL     December 20,
                                                                           REGISTER            2019.
                                                                           CITATION].
Rule 210........................  Title V Permit      December 11, 2019.  February 15, 2022,  Submitted on
                                   Provisions.                             [INSERT FEDERAL     December 20,
                                                                           REGISTER            2019.
                                                                           CITATION].
Rule 220........................  Non-Title V Permit  December 11, 2019.  February 15, 2022,  Submitted on
                                   Provisions.                             [INSERT FEDERAL     December 20,
                                                                           REGISTER            2019.
                                                                           CITATION].
Rule 240 (except Section          Federal Major New   December 11, 2019.  February 15, 2022,  Submitted on
 304.4.e.(1)).                     Source Review                           [INSERT FEDERAL     December 20,
                                   (NSR).                                  REGISTER            2019.
                                                                           CITATION].
Rule 241........................  Minor New Source    December 11, 2019.  February 15, 2022,  Submitted on
                                   Review (NSR).                           [INSERT FEDERAL     December 20,
                                                                           REGISTER            2019.
                                                                           CITATION].
Rule 242........................  Emissions Offsets   June 20, 2007.....  August 6, 2007, 72  Submitted on July
                                   Generated by the                        FR 43538.           5, 2007.
                                   Voluntary Paving
                                   of Unpaved Roads.
----------------------------------------------------------------------------------------------------------------
                                   Regulation III--Control of Air Contaminants
----------------------------------------------------------------------------------------------------------------
Rule 300........................  Visible Emissions.  March 12, 2008....  July 28, 2010, 75   Submitted on July
                                                                           FR 44141.           10, 2008.
Rule 310........................  Fugitive Dust From  January 27, 2010..  December 15, 2010,  Submitted on April
                                   Dust-Generating                         75 FR 78167.        12, 2010. Cites
                                   Operations.                                                 appendices C and
                                                                                               F, which are
                                                                                               listed separately
                                                                                               in this table.
Rule 310.01.....................  Fugitive Dust From  January 27, 2010..  December 15, 2010,  Submitted on April
                                   Non-Traditional                         75 FR 78167.        12, 2010. Cites
                                   Sources of                                                  appendix C, which
                                   Fugitive Dust.                                              is listed
                                                                                               separately in
                                                                                               this table.
Rule 311........................  Particulate matter  August 2, 1993....  April 10, 1995, 60  Submitted on March
                                   from process                            FR 18010. Vacated   3, 1994.
                                   industries.                             by Ober decision.
                                                                           Restored August
                                                                           4, 1997, 62 FR
                                                                           41856.
Rule 312........................  Abrasive Blasting.  July 13, 1988.....  January 4, 2001,    Submitted on
                                                                           66 FR 730.          January 4, 1990.
Rule 313........................  Incinerators, Burn- May 9, 2012.......  September 25,       Submitted on
                                   Off Ovens and                           2014, 79 FR 57445.  August 27, 2012.
                                   Crematories.
Rule 314........................  Open Outdoor Fires  March 12, 2008....  November 9, 2009,   Submitted on July
                                   and Indoor                              74 FR 57612.        10, 2008.
                                   Fireplaces at
                                   Commercial and
                                   Institutional
                                   Establishments.
Rule 316........................  Nonmetallic         November 7, 2018..  7/15/2020, 85 FR    Submitted on
                                   Mineral                                 42726.              November 19,
                                   Processing.                                                 2018.
Rule 318........................  Approval of         April 21, 1999....  November 8, 1999,   Submitted on
                                   Residential                             64 FR 60678.        August 4, 1999.
                                   Woodburning
                                   Devices.
Rule 322........................  Power Plant         October 17, 2007..  October 14, 2009,   Submitted on
                                   Operations.                             74 FR 52693.        January 9, 2008.
Rule 323........................  Fuel Burning        November 2, 2016..  July 20, 2020, 85   Submitted on June
                                   Equipment from                          FR 43692.           22, 2017.
                                   Industrial/
                                   Commercial/
                                   Institutional
                                   (ICI) Sources.
Rule 324........................  Stationary          November 2, 2016..  July 20, 2020, 85   Submitted on June
                                   Reciprocating                           FR 43692.           22, 2017.
                                   Internal
                                   Combustion
                                   Engines (RICE).
Rule 331........................  Solvent Cleaning..  April 21, 2004....  December 21, 2004,  Submitted on July
                                                                           69 FR 76417.        28, 2004.
Rule 333........................  Petroleum Solvent   June 19, 1996.....  February 9, 1998,   Submitted on
                                   Dry Cleaning.                           63 FR 6489.         February 26,
                                                                                               1997.
Rule 335........................  Architectural       July 13, 1988.....  January 6, 1992,    Submitted on
                                   Coatings.                               57 FR 354.          January 4, 1990.
Rule 336........................  Surface Coating     November 2, 2016..  January 7, 2021,    Submitted on June
                                   Operations.                             86 FR 971.          22, 2017.

[[Page 8426]]

 
Rule 337........................  Graphic Arts......  August 17, 2011...  August 27, 2019,    Submitted on
                                                                           84 FR 44701.        January 15, 2014.
Rule 338........................  Semiconductor       June 19, 1996.....  February 9, 1998,   Submitted on
                                   Manufacturing.                          63 FR 6489.         February 26,
                                                                                               1997.
Rule 340........................  Cutback and         September 21, 1992  February 1, 1996,   Submitted on
                                   Emulsified                              61 FR 3578.         November 13,
                                   Asphalt.                                                    1992.
Rule 341........................  Metal Casting.....  August 5, 1994....  February 12, 1996,  Submitted on
                                                                           61 FR 5287.         August 16, 1994.
Rule 342........................  Coating Wood        November 2, 2016..  August 27, 2019,    Submitted on June
                                   Furniture and                           84 FR 44701.        22, 2017.
                                   Fixtures.
Rule 343........................  Commercial Bread    February 15, 1995.  March 17, 1997, 62  Submitted on
                                   Bakeries.                               FR 12544.           August 31, 1995.
Rule 344........................  Automobile          April 7, 1999.....  November 30, 2001,  Submitted on
                                   Windshield Washer                       66 FR 59699.        August 4, 1999.
                                   Fluid.
Rule 346........................  Coating Wood        November 20, 1996.  February 9, 1998,   Submitted on March
                                   Millwork.                               63 FR 6489.         4, 1997.
Rule 347........................  Ferrous Sand        March 4, 1998.....  June 12, 2000, 65   Submitted on
                                   Casting.                                FR 36788.           August 4, 1999.
Rule 348........................  Aerospace           April 7, 1999.....  September 20,       Submitted on
                                   Manufacturing and                       1999, 64 FR 50759.  August 4, 1999.
                                   Rework Operations.
Rule 349........................  Pharmaceutical,     April 7, 1999.....  June 8, 2001, 66    Submitted on
                                   Cosmetic, and                           FR 30815.           August 4, 1999.
                                   Vitamin
                                   Manufacturing
                                   Operations.
Rule 350........................  Storage and         11/02/2016........  2/26/2020, 85 FR    Submitted on June
                                   Transfer of                             10986.              22, 2017.
                                   Organic Liquids
                                   (Non-Gasoline) at
                                   an Organic Liquid
                                   Distribution
                                   Facility.
Rule 351........................  Storage and         11/02/2016........  2/26/2020, 85 FR    Submitted on June
                                   Loading of                              10986.              22, 2017.
                                   Gasoline at Bulk
                                   Gasoline Plants
                                   and Bulk Gasoline
                                   Terminals.
Rule 352........................  Gasoline Cargo      11/02/2016........  2/26/2020, 85 FR    Submitted on June
                                   Tank Testing and                        10986.              22, 2017.
                                   Use.
Rule 353........................  Storage and         11/02/2016........  2/26/2020, 85 FR    Submitted on June
                                   Loading of                              10986.              22, 2017.
                                   Gasoline at
                                   Gasoline
                                   Dispensing
                                   Facilities.
Rule 358........................  Polystyrene Foam    April 20, 2005....  May 26, 2005, 70    Submitted on April
                                   Operations.                             FR 30370.           25, 2005.
----------------------------------------------------------------------------------------------------------------
                           Regulation V--Air Quality Standards and Area Classification
----------------------------------------------------------------------------------------------------------------
Rule 510........................  Air Quality         12/11/2019........  10/4/2021, 86 FR    The December 11,
                                   Standards.                              54628.              2019 version of
                                                                                               Rule 510 replaces
                                                                                               the version that
                                                                                               was adopted on
                                                                                               November 1, 2006
                                                                                               (74 FR 57612).
----------------------------------------------------------------------------------------------------------------
                                        Regulation VI--Emergency Episodes
----------------------------------------------------------------------------------------------------------------
Rule 600........................  Emergency Episodes  July 13, 1988.....  March 18, 1999, 64  Submitted on
                                                                           FR 13351.           January 4, 1990.
----------------------------------------------------------------------------------------------------------------
                    Appendices to Maricopa County Air Pollution Control Rules and Regulations
----------------------------------------------------------------------------------------------------------------
Appendix C......................  Fugitive Dust Test  March 26, 2008....  December 15, 2010,  Cited in Rules 310
                                   Methods.                                75 FR 78167.        and 310.01.
                                                                                               Submitted on July
                                                                                               10, 2008.
Appendix F......................  Soil Designations.  April 7, 2004.....  August 21, 2007,    Cited in Rule 310.
                                                                           72 FR 46564.        Submitted on
                                                                                               October 7, 2005.
----------------------------------------------------------------------------------------------------------------
[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 by document published January 29, 1991.

* * * * *

0
4. Revise Sec.  52.144 to read as follows:


Sec.  52.144  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Act 
are not met, since the plan as it applies to stationary sources under 
the jurisdiction of the Pima County Health Department, and stationary 
sources locating on any Indian reservation lands, and any other area of 
Indian country where the EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction, located within the State of Arizona, does not 
include approvable procedures for preventing the significant 
deterioration of air quality.
    (b) Regulation for preventing significant deterioration of air 
quality. The provisions of Sec.  52.21 except paragraph (a)(1) of this 
section are hereby incorporated and made a part of the applicable State 
plan for the State of Arizona for those portions applicable to the Pima 
County Health Department, and to any Indian reservation lands, and any 
other area of Indian country where the EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction, located within the State of 
Arizona.
    (c) The requirements of sections 160 through 165 of the Clean Air 
Act are met as they apply to stationary sources under the jurisdiction 
of the Arizona Department of Environmental Quality (ADEQ) and the 
Maricopa County Air Quality Department (MCAQD), except with respect to 
emissions of greenhouse gases (GHGs) (as defined in Sec.  
52.21(b)(49)(i)). Therefore, the provisions of Sec.  52.21, except 
paragraph (a)(1) of this section, for GHGs are hereby made a part of 
the plan for stationary sources under the jurisdiction of the ADEQ and 
the MCAQD as it applies to the stationary sources described in Sec.  
52.21(b)(49)(iv).

0
5. In Sec.  52.145, revise paragraph (b) to read as follows:


Sec.  52.145   Visibility protection.

* * * * *
    (b) Regulations for visibility new source review. The provisions of 
Sec.  52.28 are hereby incorporated and made part of the applicable 
plan for the State of

[[Page 8427]]

Arizona only for those stationary sources under the permitting 
jurisdiction of the Pima County Department of Environmental Quality. 
The provisions of Sec.  52.28 also remain the applicable plan for any 
Indian reservation lands, and any other area of Indian country where 
the EPA or an Indian tribe has demonstrated that a tribe has 
jurisdiction, located within the State of Arizona.
* * * * *
[FR Doc. 2022-02773 Filed 2-14-22; 8:45 am]
BILLING CODE 6560-50-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.