Air Plan Approval; Arizona; Maricopa County; Reasonably Available Control Technology-Combustion Sources, 7879-7881 [2023-02477]
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Federal Register / Vol. 88, No. 25 / Tuesday, February 7, 2023 / Rules and Regulations
Subpart F—California
ENVIRONMENTAL PROTECTION
AGENCY
2. Section 52.220 is amended by
adding paragraph (c)(591) to read as
follows:
■
§ 52.220
40 CFR Part 52
[EPA–R09–OAR–2022–0609; FRL–10025–
03–R9]
Identification of plan-in part.
*
*
*
*
*
(c) * * *
(591) The following new regulation
was submitted on August 3, 2021 by the
Governor’s designee.
(i) Incorporation by reference. (A)
Tuolumne County Air Pollution Control
District.
(1) Rule 429, Federal New Source
Review, adopted on July 6, 2021.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
3. Section 52.281 is amended by
adding paragraph (d)(8) to read as
follows:
■
§ 52.281
Visibility protection.
*
*
*
*
*
(d) * * *
(8) Tuolumne County Air Pollution
Control District.
*
*
*
*
*
[FR Doc. 2023–02410 Filed 2–6–23; 8:45 am]
BILLING CODE 6560–50–P
ddrumheller on DSK120RN23PROD with RULES
Local agency
323
MCAQD ..........
324
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the Maricopa
County Air Quality Department’s
(MCAQD or ‘‘County’’) portion of the
Arizona State Implementation Plan
(SIP). This revision concerns emissions
of oxides of nitrogen (NOX) and
particulate matter (PM) from
combustion equipment and internal
combustion engines. We are approving
local rules that regulate these emission
sources under the Clean Air Act (CAA
or ‘‘Act’’) and making the determination
that the County’s control measures
implement Reasonably Available
Control Technology (RACT) for major
sources of NOX under the 2008 8-hour
ozone National Ambient Air Quality
Standard (NAAQS).
DATES: These rules are effective on
March 9, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2022–0609. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
SUMMARY:
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.
La
Kenya Evans-Hopper, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3245 or by
email at evanshopper.lakenya@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action and Interim Final
Determination
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action and Interim Final
Determination
On August 4, 2022 (87 FR 47666), the
EPA proposed to approve the following
two rules submitted by the Arizona
Department of Environmental Quality
(ADEQ) into the Arizona SIP.
Rule title
Revised
Fuel Burning Equipment from Industrial/Commercial/Institutional (ICI)
Sources.
Stationary Reciprocating Internal Combustion Engines (RICE) .....................
June 23, 2021 ....
June 30, 2021.
June 23, 2021 ....
June 30, 2021.
We proposed to approve these rules
because we determined that they
comply with the relevant CAA
requirements. Our proposed action
contains more information on the rules
and our evaluation. On the same day,
we also made an interim final
determination (87 FR 47632) that the
submittal from the ADEQ corrected SIP
deficiencies from a previous submittal,
allowing us to defer the imposition of
sanctions resulting from our previous
disapproval action concerning the
County’s RACT demonstration for major
sources of NOX.1
FR 971 (February 8, 2021).
VerDate Sep<11>2014
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Rule No.
MCAQD ..........
1 86
Air Plan Approval; Arizona; Maricopa
County; Reasonably Available Control
Technology—Combustion Sources
7879
17:54 Feb 06, 2023
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II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received no comments.
III. EPA Action
No comments were submitted during
the public comment period. Therefore,
as authorized in section 110(k)(3) of the
Act, the EPA is fully approving these
rules into the Arizona SIP. The June 30,
2021 versions of Rule 323 and Rule 324
will replace the November 2, 2016
versions of these rules in the SIP. On
December 30, 2022 (87 FR 80462) we
finalized approval for MCAQD Rule 322
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Submitted
to replace the SIP-approved version of
that rule, which, together with our
approval of Rules 323 and 324, would
address our previous disapproval of the
major sources of NOX RACT element.
Therefore, we find that all three rules
regulating major sources of NOX in
Maricopa County meet the applicable
CAA requirements and include
requirements that are consistent with
RACT for NOX sources. Based on this
finding, the EPA concludes that the
submitted rules satisfy CAA section 182
RACT requirements for the 2008 8-hour
ozone NAAQS for major sources of
NOX.
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Federal Register / Vol. 88, No. 25 / Tuesday, February 7, 2023 / Rules and Regulations
As a result of this action, the
sanctions that were deferred in our
interim final determination are now
rescinded, and a federal implementation
plan to resolve the deficiency is no
longer required under section 110(c) of
the Act. We will also delete our
previous conditional approval codified
at 40 CFR 52.119 (Rules and regulations)
since subsequent versions of Rules 323
and 324 are being approved.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of Maricopa
County Air Quality Department, Rule
323, Fuel Burning Equipment from
Industrial/Commercial/Institutional
(ICI) Sources, revised on June 23, 2021,
which regulates NOX, CO, and PM from
fuel burning combustion units at
industrial and/or commercial and/or
institutional (ICI) sources, and Rule 324,
Stationary Reciprocating Internal
Combustion Engines (RICE), revised on
June 23, 2021, which regulates carbon
monoxide (CO), NOX, sulfur oxides
(SOX), VOCs, and PM rom stationary
reciprocating internal combustion
engines. Therefore, these materials have
been approved by the EPA for inclusion
in the SIP, have been incorporated by
reference by the EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of the EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.2 The
EPA has made, and will continue to
make, these documents available
through www.regulations.gov and at the
EPA Region IX Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
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V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting federal
requirements and does not impose
additional requirements beyond those
2 62
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); and
• 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.
The State did not evaluate
environmental justice considerations as
part of its SIP submittal. There is no
information in the record inconsistent
with the stated goals of Executive Order
12898 of achieving environmental
justice for people of color, low-income
populations, and indigenous peoples
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by April 10, 2023.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Oxides of
Nitrogen, Ozone, Particulate matter,
Reporting and recordkeeping
requirements.
Dated: January 31, 2023.
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
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
[Amended]
2. In § 52.119, remove and reserve
paragraph (c)(2).
■ 3. In § 52.120, amend Table 4 to
paragraph (c) by revising the entries for
‘‘Rule 323’’ and ‘‘Rule 324’’, to read as
follows:
■
§ 52.120
*
Identification of plan.
*
*
(c) * * *
FR 27968 (May 22, 1997).
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Federal Register / Vol. 88, No. 25 / Tuesday, February 7, 2023 / Rules and Regulations
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
*
Rule 323 .............................
*
*
Fuel Burning Equipment
from Industrial/Commercial/Institutional (ICI)
Sources.
Stationary Reciprocating
Internal Combustion Engines (RICE).
*
June 23, 2021 ...................
*
*
[INSERT Federal Register CITATION], February 7, 2023.
June 23, 2021 ...................
[INSERT Federal Register CITATION], February 7, 2023.
*
Submitted on June 30,
2021, under an attached
letter dated June 24,
2021.
Submitted on June 30,
2021, under an attached
letter dated June 24,
2021.
Rule 324 .............................
*
*
*
*
*
*
*
*
4. In § 52.124 revise paragraph (b)(2)(i)
to read as follows.
■
§ 52.124
Part D disapproval.
*
*
*
*
*
(b) * * *
(1) * * *
(2) * * *
(i) RACT determinations for CTG
source categories for Aerospace Coating
and Industrial Adhesives (‘‘National
Emission Standards for Hazardous Air
Pollutants for Source Categories:
Aerospace Manufacturing and Rework’’
(59 FR 29216), ‘‘Control of Volatile
Organic Compound Emissions from
Coating Operations at Aerospace
Manufacturing and Rework Operations’’
(EPA–453/R–97–004), and ‘‘Control
Techniques Guidelines for
Miscellaneous Industrial Adhesives’’
(EPA–453/R–08–005)), in the submittal
titled ‘‘Analysis of Reasonably Available
Control Technology for the 2008 8-Hour
Ozone National Ambient Air Quality
Standard (NAAQS) State
Implementation Plan (RACT SIP),’’
dated December 5, 2016, as adopted on
May 24, 2017 and submitted on June 22,
2017.
*
*
*
*
*
[FR Doc. 2023–02477 Filed 2–6–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R06–OAR–2021–0802; FRL–9401–02–
R6]
Air Plan Approval; Texas; Control of
Air Pollution From Visible Emissions
and Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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*
*
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving the revisions to the Texas
State Implementation Plan (SIP)
submitted by the State of Texas to EPA
on October 22, 2021. The revisions
pertain to particulate matter and
outdoor burning regulations. This action
allows volunteer firefighters to fulfill
supervision requirements for the
burning of certain waste types generated
from specific residential properties.
DATES: This rule is effective on March 9,
2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2021–0802. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Randy Pitre, EPA Region 6 Office,
Infrastructure and Ozone Section, 214–
665–7299, pitre.randy@epa.gov. Out of
an abundance of caution for members of
the public and our staff, the EPA Region
6 office may be closed to the public to
reduce the risk of transmitting COVID–
19. Please call or email the contact
listed above if you need alternative
access to material indexed but not
provided in the docket.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
SUMMARY:
I. Background
The background for this action is
discussed in detail in our November 15,
2022, proposal (87 FR 68413). In that
document, we proposed to approve
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*
*
revisions to the Texas State
Implementation Plan (SIP) submitted by
the State of Texas to EPA on October 22,
2021. The revisions allow volunteer
firefighters to fulfill supervision
requirements for the burning of trees,
grass, leaves, branch trimmings, or other
plant growth generated from specific
residential properties at designated sites
for consolidated burning of waste,
located outside of a municipality, and
within a county with a population of
less than 50,000 people. We did not
receive any comments regarding our
proposal.
II. Final Action
The EPA is approving revisions to the
Texas SIP submitted by the State of
Texas to EPA on October 22, 2021, that
pertain to particulate matter and
outdoor burning regulations. This
rulemaking action is being taken under
Section 110 of the CAA. Specifically, we
are approving the revision to 30 TAC
111.209(5).
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 the revisions
to the Texas regulations as described in
Section II of this preamble, Final
Action. The EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov (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 EPA for inclusion in the
SIP, have been incorporated by
reference by 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 EPA’s approval, and will be
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]]>Agencies
[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Rules and Regulations]
[Pages 7879-7881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02477]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0609; FRL-10025-03-R9]
Air Plan Approval; Arizona; Maricopa County; Reasonably Available
Control Technology--Combustion Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the Maricopa County Air Quality
Department's (MCAQD or ``County'') portion of the Arizona State
Implementation Plan (SIP). This revision concerns emissions of oxides
of nitrogen (NOX) and particulate matter (PM) from
combustion equipment and internal combustion engines. We are approving
local rules that regulate these emission sources under the Clean Air
Act (CAA or ``Act'') and making the determination that the County's
control measures implement Reasonably Available Control Technology
(RACT) for major sources of NOX under the 2008 8-hour ozone
National Ambient Air Quality Standard (NAAQS).
DATES: These rules are effective on March 9, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2022-0609. 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: La Kenya Evans-Hopper, EPA Region IX,
75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3245 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 and Interim Final Determination
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action and Interim Final Determination
On August 4, 2022 (87 FR 47666), the EPA proposed to approve the
following two rules submitted by the Arizona Department of
Environmental Quality (ADEQ) into the Arizona SIP.
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Revised Submitted
----------------------------------------------------------------------------------------------------------------
MCAQD.................. 323 Fuel Burning June 23, 2021............. June 30, 2021.
Equipment from
Industrial/
Commercial/
Institutional (ICI)
Sources.
MCAQD.................. 324 Stationary June 23, 2021............. June 30, 2021.
Reciprocating
Internal Combustion
Engines (RICE).
----------------------------------------------------------------------------------------------------------------
We proposed to approve these rules because we determined that they
comply with the relevant CAA requirements. Our proposed action contains
more information on the rules and our evaluation. On the same day, we
also made an interim final determination (87 FR 47632) that the
submittal from the ADEQ corrected SIP deficiencies from a previous
submittal, allowing us to defer the imposition of sanctions resulting
from our previous disapproval action concerning the County's RACT
demonstration for major sources of NOX.\1\
---------------------------------------------------------------------------
\1\ 86 FR 971 (February 8, 2021).
---------------------------------------------------------------------------
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. EPA Action
No comments were submitted during the public comment period.
Therefore, as authorized in section 110(k)(3) of the Act, the EPA is
fully approving these rules into the Arizona SIP. The June 30, 2021
versions of Rule 323 and Rule 324 will replace the November 2, 2016
versions of these rules in the SIP. On December 30, 2022 (87 FR 80462)
we finalized approval for MCAQD Rule 322 to replace the SIP-approved
version of that rule, which, together with our approval of Rules 323
and 324, would address our previous disapproval of the major sources of
NOX RACT element. Therefore, we find that all three rules
regulating major sources of NOX in Maricopa County meet the
applicable CAA requirements and include requirements that are
consistent with RACT for NOX sources. Based on this finding,
the EPA concludes that the submitted rules satisfy CAA section 182 RACT
requirements for the 2008 8-hour ozone NAAQS for major sources of
NOX.
[[Page 7880]]
As a result of this action, the sanctions that were deferred in our
interim final determination are now rescinded, and a federal
implementation plan to resolve the deficiency is no longer required
under section 110(c) of the Act. We will also delete our previous
conditional approval codified at 40 CFR 52.119 (Rules and regulations)
since subsequent versions of Rules 323 and 324 are being approved.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of Maricopa
County Air Quality Department, Rule 323, Fuel Burning Equipment from
Industrial/Commercial/Institutional (ICI) Sources, revised on June 23,
2021, which regulates NOX, CO, and PM from fuel burning
combustion units at industrial and/or commercial and/or institutional
(ICI) sources, and Rule 324, Stationary Reciprocating Internal
Combustion Engines (RICE), revised on June 23, 2021, which regulates
carbon monoxide (CO), NOX, sulfur oxides (SOX),
VOCs, and PM rom stationary reciprocating internal combustion engines.
Therefore, these materials have been approved by the EPA for inclusion
in the SIP, have been incorporated by reference by the EPA into that
plan, are fully federally enforceable under sections 110 and 113 of the
CAA as of the effective date of the final rulemaking of the EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\2\ The EPA has made, and will continue to make,
these documents available through www.regulations.gov and at the EPA
Region IX Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
---------------------------------------------------------------------------
\2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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); and
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.
The State did not evaluate environmental justice considerations as
part of its SIP submittal. There is no information in the record
inconsistent with the stated goals of Executive Order 12898 of
achieving environmental justice for people of color, low-income
populations, and indigenous peoples (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 10, 2023. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Oxides of
Nitrogen, Ozone, Particulate matter, Reporting and recordkeeping
requirements.
Dated: January 31, 2023.
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 (c)(2).
0
3. In Sec. 52.120, amend Table 4 to paragraph (c) by revising the
entries for ``Rule 323'' and ``Rule 324'', to read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
[[Page 7881]]
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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Rule 323........................ Fuel Burning June 23, 2021..... [INSERT Federal Submitted on June
Equipment from Register 30, 2021, under
Industrial/ CITATION], an attached
Commercial/ February 7, 2023. letter dated June
Institutional 24, 2021.
(ICI) Sources.
Rule 324........................ Stationary June 23, 2021..... [INSERT Federal Submitted on June
Reciprocating Register 30, 2021, under
Internal CITATION], an attached
Combustion February 7, 2023. letter dated June
Engines (RICE). 24, 2021.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
4. In Sec. 52.124 revise paragraph (b)(2)(i) to read as follows.
Sec. 52.124 Part D disapproval.
* * * * *
(b) * * *
(1) * * *
(2) * * *
(i) RACT determinations for CTG source categories for Aerospace
Coating and Industrial Adhesives (``National Emission Standards for
Hazardous Air Pollutants for Source Categories: Aerospace Manufacturing
and Rework'' (59 FR 29216), ``Control of Volatile Organic Compound
Emissions from Coating Operations at Aerospace Manufacturing and Rework
Operations'' (EPA-453/R-97-004), and ``Control Techniques Guidelines
for Miscellaneous Industrial Adhesives'' (EPA-453/R-08-005)), in the
submittal titled ``Analysis of Reasonably Available Control Technology
for the 2008 8-Hour Ozone National Ambient Air Quality Standard (NAAQS)
State Implementation Plan (RACT SIP),'' dated December 5, 2016, as
adopted on May 24, 2017 and submitted on June 22, 2017.
* * * * *
[FR Doc. 2023-02477 Filed 2-6-23; 8:45 am]
BILLING CODE 6560-50-P
