Air Plans; Arizona; Revised Format for Materials Incorporated by Reference; Correcting Amendment, 53676-53679 [2022-18723]
Download as PDF
<![CDATA[
53676
Federal Register / Vol. 87, No. 169 / Thursday, September 1, 2022 / Rules and Regulations
of Mexico within a 1,000-foot radius of
a fireworks barge launching fireworks in
position 26°5′11.86″ N, 097°9′17.23″ W,
in South Padre Island, Texas.
(b) Enforcement period. This section
will be enforced from 9 p.m. through 10
p.m. on September 1, 2022.
(c) Regulations. (1) According to the
general regulations in § 165.23 of this
part, entry into the temporary safety
zone described in paragraph (a) of this
section is prohibited unless authorized
by the Captain of the Port Sector Corpus
Christi (COTP) or a designated
representative.
(2) Persons or vessels seeking to enter
the safety zone must request permission
from the COTP on VHF–FM channel 16
(156.8 MHz) or by telephone at 361–
939–0450.
(3) If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP or
designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners,
Local Notices to Mariners, and/or Safety
Marine Information Broadcasts, as
appropriate.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the
Port Sector Corpus Christi.
[FR Doc. 2022–18922 Filed 8–31–22; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2022–0230; FRL–9602–02–
R9]
Air Plans; Arizona; Revised Format for
Materials Incorporated by Reference;
Correcting Amendment
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
jspears on DSK121TN23PROD with RULES
VerDate Sep<11>2014
16:19 Aug 31, 2022
Jkt 256001
This rule is effective on October
31, 2022 without further notice unless
the EPA receives adverse comments by
October 3, 2022. If we receive such
comments, we will publish a timely
withdrawal in the Federal Register to
notify the public that this direct final
rule will not take effect.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2022–0230 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. 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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
On November 23, 2016, the
Environmental Protection Agency (EPA)
issued a final rule titled ‘‘Approval and
Promulgation of Implementation Plans;
State of Arizona; Revised Format for
Materials Incorporated by Reference.’’
That publication inadvertently omitted
an entry for a regulation approved as
part of the Maricopa County portion of
the Arizona State Implementation Plan
(SIP) and contained certain other errors.
The EPA is taking direct final action to
correct this omission and to correct the
other errors. The regulations affected by
SUMMARY:
this correcting amendment have all been
previously submitted by the State of
Arizona and approved by the EPA.
Kevin Gong, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3073 or by
email at gong.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean
the EPA. Information is organized as
follows:
Table of Contents
I. Background
II. What the EPA Is Doing in This Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
I. Background
Each State has a SIP containing the
control measures and strategies used to
attain and maintain the national
ambient air quality standards (NAAQS).
The SIP is extensive, containing such
elements as air pollution control
regulations, emission inventories,
monitoring networks, attainment
demonstrations, and enforcement
mechanisms.
On November 23, 2016 (81 FR 85038),
the EPA revised the format for materials
submitted by the State of Arizona that
are approved by the EPA as part of the
Arizona SIP and incorporated by
reference (IBR) into the Code of Federal
Regulations. In revising the format, we
changed how we identify the contents of
the applicable Arizona SIP from a
paragraph format to a table format. The
change can be seen by comparing the
table format in the ‘‘identification of
plan’’ section set forth at 40 CFR
52.120(c), (d) and (e) with the paragraph
format in the original ‘‘identification of
plan’’ section set forth at 40 CFR 52.152.
In the November 23, 2016 final rule,
we made the following errors that we
are correcting through this action:
• Inadvertent omission of an entry for
Maricopa County Air Quality
Department (MCAQD) Rule 34
(‘‘Organic Solvents—Volatile Organic
Compounds (VOC)’’), which the EPA
approved at 47 FR 19326 (May 5, 1982).
Certain paragraphs of MCAQD Rule 34
have been superseded by EPA approval
of more recent VOC rules for Maricopa
County or have been rescinded, but
paragraphs F, G, H, I, J and K of Rule
34 remain in the applicable SIP.1 We are
adding the appropriate entry to the table
of approved rules for Maricopa County.
• Inadvertent errors in the entries for
Pima County Department of
Environmental Quality (PCDEQ) Rules
7A (‘‘Emission Limitation, Fuel Burning
Equipment—Sulfur Dioxide’’) and 7B
(‘‘Emission Limitation, Fuel Burning
Equipment—Nitrogen Oxides’’), which
the EPA approved at 42 FR 36998 (July
19, 1977). With respect to Rule 7A, we
indicated correctly that paragraphs 2
through 5 had been disapproved, but
inadvertently failed to identify
paragraph 6 of Rule 7A as part of the
1 The EPA approved the rescission of paragraphs
A, D.1, E.1, E.3 and L of Rule 34 as proposed at 87
FR 7784 (February 10, 2022). Paragraphs B and C
were superseded by approval of MCAQD Rule 331
(Solvent Cleaning) at 61 FR 3578 (February 1, 1996).
Paragraph D.2 was superseded by approval of
MCAQD Rule 333 (Petroleum Solvent Dry Cleaning)
at 61 FR 3578 (February 1, 1996). Paragraph E.2 was
superseded by approval of MCAQD Rule 335
(Architectural Coatings) at 57 FR 354 (January 6,
1992). Paragraph E.4 was superseded by approval
of MCAQD Rule 336 (Surface Coating Operations)
at 63 FR 6487 (February 9, 1998).
E:\FR\FM\01SER1.SGM
01SER1
Federal Register / Vol. 87, No. 169 / Thursday, September 1, 2022 / Rules and Regulations
jspears on DSK121TN23PROD with RULES
applicable SIP. With respect to Rule 7B,
the entry erroneously identified only
paragraph 1 as part of the SIP, but the
approval applies to paragraphs 1
through 4. In this action, we are
amending the entries accordingly and
are also correcting the title of the rules
to match the rule titles as submitted.
• Lastly, in the entry for Arizona
Revised Statutes (ARS) section 9–500.27
(excluding paragraphs D and E), we
inadvertently added an equals (=) sign
after the section number and
accompanying parenthetical phrase, and
we are correcting the typographical
error in this action.
II. What the EPA Is Doing in This
Action
Section 110(k)(6) of the Clean Air Act
(CAA or ‘‘Act’’), as amended in 1990,
provides that, whenever the EPA
determines that the EPA’s action
approving, disapproving, or
promulgating any plan or plan revision
(or part thereof), area designation,
redesignation, classification or
reclassification was in error, the EPA
may in the same manner as the
approval, disapproval, or promulgation
revise such action as appropriate
without requiring any further
submission from the state. Such
determination and the basis thereof
must be provided to the state and the
public. We interpret this provision to
authorize the EPA to make corrections
to a promulgated regulation when it is
shown to our satisfaction (or we
discover) that (1) we clearly erred by
failing to consider or by inappropriately
considering information made available
to the EPA at the time of the
promulgation, or the information made
available at the time of promulgation is
subsequently demonstrated to have been
clearly inadequate, and (2) other
information persuasively supports a
change in the regulation. See 57 FR
56762, at 56763 (November 30, 1992)
(correcting designations, boundaries,
and classifications of ozone, carbon
monoxide, particulate matter and lead
areas).
In this action, pursuant to CAA
section 110(k)(6), we are correcting the
November 23, 2016 final rule revising
the format of the Arizona SIP in part 52
to include a MCAQD rule that we
inadvertently omitted and to fix certain
other errors we made in that
rulemaking. We do not think anyone
will object to this approval, so we are
finalizing it without proposing it in
advance. However, in the Proposed
Rules section of this issue of the Federal
Register, we are simultaneously
proposing the same error corrections. If
we receive adverse comments by
VerDate Sep<11>2014
16:19 Aug 31, 2022
Jkt 256001
October 3, 2022, we will publish a
timely withdrawal in the Federal
Register to notify the public that the
direct final approval will not take effect
and we will address the comments in a
subsequent final action based on the
proposal. If we do not receive timely
adverse comments, the direct final
approval will be effective without
further notice on October 31, 2022. This
will incorporate these rules into the
federally enforceable SIP.
Please note that if the EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, the EPA may
adopt as final those provisions of the
rule that are not the subject of an
adverse comment.
III. 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 and PCDEQ rules described in
section I of the preamble and set forth
below in the amendments to 40 CFR
part 52. Therefore, these materials have
been approved by the EPA for inclusion
in the State Implementation Plan, have
been incorporated by reference by the
EPA into that plan, are fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of the EPA’s approval,
and will be incorporated by reference in
the next update to the SIP compilation.2
The EPA has made, and will continue
to make, these documents available
electronically through
www.regulations.gov and in hard copy
at the appropriate EPA office (see the
ADDRESSES section of this preamble for
more information).
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
corrects errors in a previous rulemaking
and does not impose additional
requirements beyond those imposed by
state law. For that reason, this action:
2 62
PO 00000
FR 27968 (May 22, 1997)
Frm 00031
Fmt 4700
Sfmt 4700
53677
• 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
disproportionate human health or
environmental effects with practical,
appropriate, 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, this 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).
B. Submission to Congress and the
Comptroller General
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\01SER1.SGM
01SER1
53678
Federal Register / Vol. 87, No. 169 / Thursday, September 1, 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).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by February 8, 2016.
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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the Proposed Rules section
of this issue of the Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that the EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
This action may not be challenged later
in proceedings to enforce its
requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile
organic compounds.
Dated: August 24, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons discussed in the
preamble, the Environmental Protection
Agency amends Part 52, chapter I, title
40 of the Code of Federal Regulations as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Authority: 42 U.S.C. 7401 et seq.
Subpart D—Arizona
2. Amend § 52.120 as follows:
a. In paragraph (c), Table 1 under the
table headings ‘‘Title 9 (Cities and
Towns),’’ ‘‘Chapter 4 (General Powers)’’
and ‘‘Article 8 (Miscellaneous),’’ revise
the entry for ‘‘9–500.27, excluding
paragraphs D and E.’’;
■ b. In paragraph (c), Table 4 under the
table headings ‘‘Pre-July 1988 Rule
Codification’’ and ‘‘Regulation III—
Control of Air Contaminants,’’ add an
entry for ‘‘Rule 34 (paragraphs F, G, H,
I, J and K only)’’ before the entry for
‘‘Rule 35’’; and
■ c. In paragraph (c), Table 7 under the
table headings ‘‘1976–1978 Rule
Codification’’ and ‘‘Regulation II—Fuel
Burning Equipment,’’ revise the entries
for ‘‘Rule 7A (Paragraph 1)’’ and ‘‘Rule
7B (Paragraph 1)’’.
The revisions and addition read as
follows:
■
■
§ 52.120
*
1. The authority citation for part 52
continues to read as follows:
■
Identification of plan.
*
*
(c) * * *
*
*
TABLE 1—EPA-APPROVED ARIZONA STATUTES
State citation
*
Title/subject
State effective date
*
*
EPA approval date
*
Additional explanation
*
*
*
Title 9 (Cities and Towns)
Chapter 4 (General
Powers)
Article 8
(Miscellaneous)
*
*
9–500.27, excluding
Off-road vehicle ordiparagraphs D and E.
nance; applicability;
violation; classification.
*
*
*
*
*
*
September 19, 2007 .. March 31, 2014, 79
FR 17878.
*
*
*
*
*
*
*
Arizona Revised Statutes (Thomson/West,
2008). Submitted on May 25, 2012. ADEQ
clarified and revised the May 25, 2012
submittal by letter dated September 26,
2013.
*
*
*
TABLE 4 TO PARAGRAPH (c)—APPROVED MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS
jspears on DSK121TN23PROD with RULES
County citation
Title/subject
State effective date
EPA approval date
Additional explanation
Pre-July 1988 Rule Codification
VerDate Sep<11>2014
16:19 Aug 31, 2022
Jkt 256001
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
E:\FR\FM\01SER1.SGM
01SER1
*
53679
Federal Register / Vol. 87, No. 169 / Thursday, September 1, 2022 / Rules and Regulations
TABLE 4 TO PARAGRAPH (c)—APPROVED MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS—Continued
County citation
*
Title/subject
State effective date
*
*
EPA approval date
*
Additional explanation
*
*
*
Regulation III—Control of Air Contaminants
*
Rule 34 (paragraphs
F, G, H, I, J and K
only).
*
Organic Solvents—
Volatile Organic
Compounds (VOC).
*
*
*
*
*
*
*
*
*
June 23, 1980 ............ May 5, 1982, 47 FR
19326.
*
*
*
*
Submitted on June 23, 1980. EPA approved
the rescission of paragraphs A, D.1, E.1,
E.3 and L. Paragraphs B and C were superseded by approval of Maricopa Rule
331; paragraph D.2 was superseded by
approval of Maricopa Rule 333; paragraph
E.2 was superseded by approval Maricopa
Rule 335; and paragraph E.4 was superseded by approval of Maricopa Rule 336.
*
*
*
*
TABLE 7—EPA-APPROVED PIMA COUNTY AIR POLLUTION CONTROL REGULATIONS
County citation
*
Title/subject
State effective date
*
*
EPA approval date
*
Additional explanation
*
*
*
*
*
*
*
*
1976–1978 Rule Codification
*
*
*
*
Regulation II—Fuel Burning Equipment
*
*
Rule 7A (Paragraphs 1
and 6).
Rule 7B (Paragraphs
1–4).
Emission Limitation,
Fuel Burning Equipment—Sulfur Dioxide.
Emission Limitation,
Fuel Burning Equipment—Nitrogen Oxides.
*
*
*
*
*
*
*
*
June 21, 1976 ............
July 19, 1977, 42 FR
36998.
Submitted on September 30, 1976. Paragraphs 2 to 5 were disapproved. See 42
FR 36998 (July 19, 1977).
June 21, 1976 ............
July 19, 1977, 42 FR
36998.
Submitted on September 30, 1976.
*
*
*
*
ACTION:
*
Regulatory determination.
[FR Doc. 2022–18723 Filed 8–31–22; 8:45 am]
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
jspears on DSK121TN23PROD with RULES
42 CFR Part 73
Select Agent: Determination That
Vaccine Strain, TC–83(A3G) of
Venezuelan Equine Encephalitis Virus
(VEEV) Is a Regulated Strain of VEEV
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
AGENCY:
VerDate Sep<11>2014
16:19 Aug 31, 2022
The Centers for Disease
Control and Prevention (CDC), located
within the Department of Health and
Human Services (HHS), has determined
that a modification to the attenuated,
excluded strain Venezuelan Equine
Encephalitis Virus (VEEV) TC–83 has
been shown to increase its virulence.
The modified VEEV strain TC–83(A3G)
demonstrated increased pathogenicity
and lethality. Therefore, the modified
VEEV strain TC–83(A3G) is not an
excluded strain but is a select agent and
is subject to regulation.
SUMMARY:
BILLING CODE 6560–50–P
Jkt 256001
This action is effective
September 1, 2022.
DATES:
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
*
*
FOR FURTHER INFORMATION CONTACT:
Samuel S. Edwin Ph.D., Director,
Division of Select Agents and Toxins,
Centers for Disease Control and
Prevention, 1600 Clifton Road NE,
Mailstop H21–4, Atlanta, Georgia 30329,
Telephone: (404) 718–2000.
VEEV is a
member of the genus Alphavirus in the
family Togaviridae, and is a small,
enveloped virus with a genome
consisting of a single strand of positivesense RNA. VEEV is a mosquito-borne
virus that causes encephalitis or
encephalomyelitis in all equine species
and humans.
The select agent regulations (42 CFR
part 73) established a process by which
SUPPLEMENTARY INFORMATION:
E:\FR\FM\01SER1.SGM
01SER1
]]>Agencies
[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Rules and Regulations]
[Pages 53676-53679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18723]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0230; FRL-9602-02-R9]
Air Plans; Arizona; Revised Format for Materials Incorporated by
Reference; Correcting Amendment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: On November 23, 2016, the Environmental Protection Agency
(EPA) issued a final rule titled ``Approval and Promulgation of
Implementation Plans; State of Arizona; Revised Format for Materials
Incorporated by Reference.'' That publication inadvertently omitted an
entry for a regulation approved as part of the Maricopa County portion
of the Arizona State Implementation Plan (SIP) and contained certain
other errors. The EPA is taking direct final action to correct this
omission and to correct the other errors. The regulations affected by
this correcting amendment have all been previously submitted by the
State of Arizona and approved by the EPA.
DATES: This rule is effective on October 31, 2022 without further
notice unless the EPA receives adverse comments by October 3, 2022. If
we receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0230 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. 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: Kevin Gong, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3073 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'',
``us'' or ``our'' are used, we mean the EPA. Information is organized
as follows:
Table of Contents
I. Background
II. What the EPA Is Doing in This Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background
Each State has a SIP containing the control measures and strategies
used to attain and maintain the national ambient air quality standards
(NAAQS). The SIP is extensive, containing such elements as air
pollution control regulations, emission inventories, monitoring
networks, attainment demonstrations, and enforcement mechanisms.
On November 23, 2016 (81 FR 85038), the EPA revised the format for
materials submitted by the State of Arizona that are approved by the
EPA as part of the Arizona SIP and incorporated by reference (IBR) into
the Code of Federal Regulations. In revising the format, we changed how
we identify the contents of the applicable Arizona SIP from a paragraph
format to a table format. The change can be seen by comparing the table
format in the ``identification of plan'' section set forth at 40 CFR
52.120(c), (d) and (e) with the paragraph format in the original
``identification of plan'' section set forth at 40 CFR 52.152.
In the November 23, 2016 final rule, we made the following errors
that we are correcting through this action:
Inadvertent omission of an entry for Maricopa County Air
Quality Department (MCAQD) Rule 34 (``Organic Solvents--Volatile
Organic Compounds (VOC)''), which the EPA approved at 47 FR 19326 (May
5, 1982). Certain paragraphs of MCAQD Rule 34 have been superseded by
EPA approval of more recent VOC rules for Maricopa County or have been
rescinded, but paragraphs F, G, H, I, J and K of Rule 34 remain in the
applicable SIP.\1\ We are adding the appropriate entry to the table of
approved rules for Maricopa County.
---------------------------------------------------------------------------
\1\ The EPA approved the rescission of paragraphs A, D.1, E.1,
E.3 and L of Rule 34 as proposed at 87 FR 7784 (February 10, 2022).
Paragraphs B and C were superseded by approval of MCAQD Rule 331
(Solvent Cleaning) at 61 FR 3578 (February 1, 1996). Paragraph D.2
was superseded by approval of MCAQD Rule 333 (Petroleum Solvent Dry
Cleaning) at 61 FR 3578 (February 1, 1996). Paragraph E.2 was
superseded by approval of MCAQD Rule 335 (Architectural Coatings) at
57 FR 354 (January 6, 1992). Paragraph E.4 was superseded by
approval of MCAQD Rule 336 (Surface Coating Operations) at 63 FR
6487 (February 9, 1998).
---------------------------------------------------------------------------
Inadvertent errors in the entries for Pima County
Department of Environmental Quality (PCDEQ) Rules 7A (``Emission
Limitation, Fuel Burning Equipment--Sulfur Dioxide'') and 7B
(``Emission Limitation, Fuel Burning Equipment--Nitrogen Oxides''),
which the EPA approved at 42 FR 36998 (July 19, 1977). With respect to
Rule 7A, we indicated correctly that paragraphs 2 through 5 had been
disapproved, but inadvertently failed to identify paragraph 6 of Rule
7A as part of the
[[Page 53677]]
applicable SIP. With respect to Rule 7B, the entry erroneously
identified only paragraph 1 as part of the SIP, but the approval
applies to paragraphs 1 through 4. In this action, we are amending the
entries accordingly and are also correcting the title of the rules to
match the rule titles as submitted.
Lastly, in the entry for Arizona Revised Statutes (ARS)
section 9-500.27 (excluding paragraphs D and E), we inadvertently added
an equals (=) sign after the section number and accompanying
parenthetical phrase, and we are correcting the typographical error in
this action.
II. What the EPA Is Doing in This Action
Section 110(k)(6) of the Clean Air Act (CAA or ``Act''), as amended
in 1990, provides that, whenever the EPA determines that the EPA's
action approving, disapproving, or promulgating any plan or plan
revision (or part thereof), area designation, redesignation,
classification or reclassification was in error, the EPA may in the
same manner as the approval, disapproval, or promulgation revise such
action as appropriate without requiring any further submission from the
state. Such determination and the basis thereof must be provided to the
state and the public. We interpret this provision to authorize the EPA
to make corrections to a promulgated regulation when it is shown to our
satisfaction (or we discover) that (1) we clearly erred by failing to
consider or by inappropriately considering information made available
to the EPA at the time of the promulgation, or the information made
available at the time of promulgation is subsequently demonstrated to
have been clearly inadequate, and (2) other information persuasively
supports a change in the regulation. See 57 FR 56762, at 56763
(November 30, 1992) (correcting designations, boundaries, and
classifications of ozone, carbon monoxide, particulate matter and lead
areas).
In this action, pursuant to CAA section 110(k)(6), we are
correcting the November 23, 2016 final rule revising the format of the
Arizona SIP in part 52 to include a MCAQD rule that we inadvertently
omitted and to fix certain other errors we made in that rulemaking. We
do not think anyone will object to this approval, so we are finalizing
it without proposing it in advance. However, in the Proposed Rules
section of this issue of the Federal Register, we are simultaneously
proposing the same error corrections. If we receive adverse comments by
October 3, 2022, we will publish a timely withdrawal in the Federal
Register to notify the public that the direct final approval will not
take effect and we will address the comments in a subsequent final
action based on the proposal. If we do not receive timely adverse
comments, the direct final approval will be effective without further
notice on October 31, 2022. This will incorporate these rules into the
federally enforceable SIP.
Please note that if the EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, the EPA may adopt as final
those provisions of the rule that are not the subject of an adverse
comment.
III. 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
and PCDEQ rules described in section I of the preamble and set forth
below in the amendments to 40 CFR part 52. Therefore, these materials
have been approved by the EPA for inclusion in the State Implementation
Plan, have been incorporated by reference by the EPA into that plan,
are fully federally enforceable under sections 110 and 113 of the CAA
as of the effective date of the final rulemaking of the EPA's approval,
and will be incorporated by reference in the next update to the SIP
compilation.\2\ The EPA has made, and will continue to make, these
documents available electronically through www.regulations.gov and in
hard copy at the appropriate EPA office (see the ADDRESSES section of
this preamble for more information).
---------------------------------------------------------------------------
\2\ 62 FR 27968 (May 22, 1997)
---------------------------------------------------------------------------
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely corrects errors in a previous
rulemaking 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 disproportionate human health or environmental effects with
practical, appropriate, 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, this 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).
B. Submission to Congress and the Comptroller General
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 53678]]
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).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 8, 2016. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of this issue of the Federal Register, rather than file
an immediate petition for judicial review of this direct final rule, so
that the EPA can withdraw this direct final rule and address the
comment in the proposed rulemaking. This action may not be challenged
later in proceedings to enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile organic compounds.
Dated: August 24, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons discussed in the preamble, the Environmental
Protection Agency amends Part 52, chapter I, title 40 of the Code of
Federal Regulations as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart D--Arizona
0
2. Amend Sec. 52.120 as follows:
0
a. In paragraph (c), Table 1 under the table headings ``Title 9 (Cities
and Towns),'' ``Chapter 4 (General Powers)'' and ``Article 8
(Miscellaneous),'' revise the entry for ``9-500.27, excluding
paragraphs D and E.'';
0
b. In paragraph (c), Table 4 under the table headings ``Pre-July 1988
Rule Codification'' and ``Regulation III--Control of Air
Contaminants,'' add an entry for ``Rule 34 (paragraphs F, G, H, I, J
and K only)'' before the entry for ``Rule 35''; and
0
c. In paragraph (c), Table 7 under the table headings ``1976-1978 Rule
Codification'' and ``Regulation II--Fuel Burning Equipment,'' revise
the entries for ``Rule 7A (Paragraph 1)'' and ``Rule 7B (Paragraph
1)''.
The revisions and addition read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
Table 1--EPA-Approved Arizona Statutes
----------------------------------------------------------------------------------------------------------------
State effective
State citation Title/subject date EPA approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Title 9 (Cities and Towns)
Chapter 4 (General Powers)
Article 8 (Miscellaneous)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
9-500.27, excluding paragraphs Off-road vehicle September 19, March 31, 2014, Arizona Revised
D and E. ordinance; 2007. 79 FR 17878. Statutes (Thomson/
applicability; West, 2008).
violation; Submitted on May 25,
classification. 2012. ADEQ clarified
and revised the May
25, 2012 submittal by
letter dated
September 26, 2013.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Table 4 to Paragraph (c)--Approved Maricopa County Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
State effective
County citation Title/subject date EPA approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
Pre-July 1988 Rule Codification
----------------------------------------------------------------------------------------------------------------
[[Page 53679]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Regulation III--Control of Air Contaminants
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Rule 34 (paragraphs F, G, H, I, Organic Solvents-- June 23, 1980.... May 5, 1982, 47 Submitted on June 23,
J and K only). Volatile Organic FR 19326. 1980. EPA approved
Compounds (VOC). the rescission of
paragraphs A, D.1,
E.1, E.3 and L.
Paragraphs B and C
were superseded by
approval of Maricopa
Rule 331; paragraph
D.2 was superseded by
approval of Maricopa
Rule 333; paragraph
E.2 was superseded by
approval Maricopa
Rule 335; and
paragraph E.4 was
superseded by
approval of Maricopa
Rule 336.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Table 7--EPA-Approved Pima County Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
State effective
County citation Title/subject date EPA approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
1976-1978 Rule Codification
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Regulation II--Fuel Burning Equipment
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Rule 7A (Paragraphs 1 and 6)... Emission June 21, 1976.... July 19, 1977, 42 Submitted on September
Limitation, Fuel FR 36998. 30, 1976. Paragraphs
Burning 2 to 5 were
Equipment--Sulfu disapproved. See 42
r Dioxide. FR 36998 (July 19,
1977).
Rule 7B (Paragraphs 1-4)....... Emission June 21, 1976.... July 19, 1977, 42 Submitted on September
Limitation, Fuel FR 36998. 30, 1976.
Burning
Equipment--Nitro
gen Oxides.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2022-18723 Filed 8-31-22; 8:45 am]
BILLING CODE 6560-50-P
