[Federal Register Volume 84, Number 166 (Tuesday, August 27, 2019)]
[Rules and Regulations]
[Pages 44701-44703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18336]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0105; FRL-9998-76-Region 9]


Air Plan Approval; Arizona; Maricopa County Air Quality 
Department

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the Maricopa County Air Quality 
Department (MCAQD) portion of the Arizona State Implementation Plan 
(SIP). These revisions concern emissions of volatile organic compounds 
(VOCs) from graphic arts and from coating of wood furniture and 
fixtures. We are approving local rules that regulate these emission 
sources under the Clean Air Act (CAA or the Act).

DATES: This rule will be effective on September 26, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2019-0105. All documents in the docket are 
listed on

[[Page 44702]]

the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available through 
https://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Nicole Law or Robert Schwartz, EPA 
Region IX, 75 Hawthorne Street, San Francisco, CA 94105, (415) 947-4126 
or (415) 972-3286, law.nicole@epa.gov or d3a0b0bba4b2a1a7a9fda1bcb1b6a1a793b6a3b2fdb4bca5.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On June 10, 2019 (84 FR 26804), the EPA proposed to approve the 
following rules into the Arizona SIP.

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               Local agency                   Rule No.           Rule title           Amended        Submitted
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MCAQD....................................             337  Graphic Arts.........      08/17/2011      01/15/2014
MCAQD....................................             342  Coating Wood               11/02/2016      06/22/2017
                                                            Furniture and
                                                            Fixtures.
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    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.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received one comment. This comment generally 
expressed support for the EPA's proposed action. The commenter also 
stated that ``the exception in the SIP to exempt Indian reservation 
land and areas where the EPA does not have jurisdiction is a concern.''
    We understand the comment to refer to the EPA's discussion of 
Executive Order 13175, specifically, the EPA's statement that ``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.'' The EPA typically uses such statements in actions 
regarding state SIP submittals to explain the non-applicability of the 
SIP on tribal lands. The State of Arizona submitted the rules in this 
action to apply only on lands where the State and relevant local agency 
have jurisdiction. The commenter's concerns regarding the 
inapplicability of the SIP in areas where the EPA or an Indian tribe 
has jurisdiction does not bear upon whether the rules that are the 
subject of our action meet the applicable requirements for approval of 
a SIP submission. Therefore, we do not find that the comment provides a 
basis for the EPA to change its assessment of the submitted rules or 
our proposal to approve them.

III. EPA Action

    No comments were submitted that change our assessment of the rules 
as described in our proposed action. Therefore, as authorized in 
section 110(k)(3) of the Act, the EPA is fully approving these rules 
into the Arizona SIP.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the MCAQD 
rules described in the amendments to 40 CFR part 52 set forth below. 
Therefore, these materials have been approved by the EPA for inclusion 
in the SIP, have been incorporated by reference by the EPA into that 
plan, are fully federally enforceable under sections 110 and 113 of the 
CAA as of the effective date of this final rulemaking, and will be 
incorporated by reference in the next update to the SIP compilation.\1\ 
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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    \1\ 62 FR 27968 (May 22, 1997).
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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 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address, as

[[Page 44703]]

appropriate, disproportionate human health or environmental effects, 
using practicable and legally permissible methods, under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 28, 2019. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements.

    Dated: August 14, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart D--Arizona

0
2. Section 52.120 is amended in paragraph (c), Table 4, under the table 
headings ``Post-July 1988 Rule Codification'' and ``Regulation III--
Control of Air Contaminants,'' by revising the entries for ``Rule 337'' 
and ``Rule 342'' to read as follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *

                     Table 4--EPA-Approved Maricopa County Air Pollution Control Regulations
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                                                                                                   Additional
     County citation        Title/subject         State effective date      EPA approval date     explanation
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                                                  * * * * * * *
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                                        Post-July 1988 Rule Codification
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                                                  * * * * * * *
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                                   Regulation III--Control of Air Contaminants
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                                                  * * * * * * *
Rule 337................  Graphic Arts.....  August 17, 2011..............  August 27, 2019,   Submitted on
                                                                             [INSERT Federal    January 15,
                                                                             Register           2014.
                                                                             CITATION].
 
                                                  * * * * * * *
Rule 342................  Coating Wood       November 2, 2016.............  August 27, 2019    Submitted on June
                           Furniture and                                     [INSERT Federal    22, 2017.
                           Fixtures.                                         Register
                                                                             CITATION].
 
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[FR Doc. 2019-18336 Filed 8-26-19; 8:45 am]
BILLING CODE 6560-50-P


