[Federal Register Volume 85, Number 139 (Monday, July 20, 2020)]
[Rules and Regulations]
[Pages 43692-43695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14095]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0321; FRL-10009-81-Region 9]


Air Plan Conditional Approval and Disapproval; Arizona; Maricopa 
County; Power Plants, Fuel Burning Equipment, and Internal Combustion 
Engines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
conditional approvals for two revisions to the Maricopa County portion 
of the Arizona State Implementation Plan (SIP) concerning fuel burning 
equipment and internal combustion engines. The EPA is also finalizing a 
disapproval for one revision to the Maricopa County portion of the 
Arizona SIP concerning power plants. This action was proposed in the 
Federal Register on December 30, 2019, and concerns emissions of oxides 
of nitrogen (NOX) from combustion sources.

DATES: This rule is effective on August 19, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2019-0321. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available through https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: 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, ``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 December 30, 2019 (84 FR 71862), the EPA proposed action on the 
following rules that were submitted for incorporation into the Arizona 
SIP. Table 1 lists the rules on which the EPA is finalizing action, 
with the dates they were revised by the Maricopa County Air Quality 
Department (MCAQD), the dates they were submitted by the Arizona 
Department of Environmental Quality (ADEQ), and the type of action that 
the EPA is finalizing for each rule.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
     Rule No.               Rule title                 Revised              Submitted              Action
----------------------------------------------------------------------------------------------------------------
322...............  Power Plant Operations....  November 2, 2016....  June 22, 2017.......  Disapproval.
323...............  Fuel Burning Equipment      November 2, 2016....  June 22, 2017.......  Conditional
                     from Industrial/                                                       Approval.
                     Commercial/Institutional
                     (ICI) Sources.
324...............  Stationary Reciprocating    November 2, 2016....  June 22, 2017.......  Conditional
                     Internal Combustion                                                    Approval.
                     Engines (RICE).
----------------------------------------------------------------------------------------------------------------


[[Page 43693]]

1. Rule 322

    We proposed to disapprove Rule 322 because the rule does not 
satisfy the requirements of section 110 and part D of the Clean Air Act 
(CAA or Act). The deficient provisions include the following:
    a. Air Pollution Control Officer discretion to approve alternative 
control strategies as reasonably available control technology (RACT) 
without further approval from the EPA.
    b. NOX emission limits for steam generating units used 
for electricity generation that were less stringent than RACT.
    c. Overly broad exemptions from certain requirements during 
emergency fuel use operations.
    d. Air Pollution Control Officer discretion to extend compliance 
deadlines for applicable units.
    e. Absence of a compliance determination requirement, such as a 
regular stack testing requirement.

2. Rules 323 and 324

    We proposed to conditionally approve these rules pursuant to CAA 
section 110(k)(4) because, although rule deficiencies preclude full SIP 
approval pursuant to section 110(k)(3), the rules largely comply with 
the relevant CAA requirements, and the MCAQD and the ADEQ have 
committed to provide the EPA with a SIP submission within one year of 
this final action that will include specific rule revisions that would 
adequately address the deficiencies.
    Our proposed action contains more information on the rules, their 
deficiencies, the MCAQD and ADEQ commitments, 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 a request to clarify certain aspects of 
the proposed rulemaking from the MCAQD including the scope of the 
rulemaking, the context of our stringency analysis for NOX 
emission limits, and the necessary testing requirements. The MCAQD's 
questions on our proposed rulemaking and our clarifications are 
included in a memorandum to the rulemaking docket. These comments did 
not change our assessment of the rules. No adverse comments were 
received, and no comments were submitted through www.regulations.gov.

III. EPA Action

    No comments were submitted that change our assessment of the rules 
as described in our proposed action. As authorized in section 110(k)(3) 
and 301(a) of the Act, the EPA disapproves Rule 322 for inclusion into 
the Arizona SIP. As a result, offset sanctions will be imposed unless 
the EPA approves a subsequent SIP revision that corrects the rule 
deficiencies within 18 months of the effective date of this action. 
Highway sanctions will be imposed unless the EPA approves a subsequent 
SIP revision that corrects the rule deficiencies within 24 months of 
the effective date of this action. These sanctions will be imposed 
under section 179 of the CAA and 40 CFR 52.31. Additionally, section 
110(c) requires the EPA to promulgate a federal implementation plan 
(FIP) within 24 months unless we approve subsequent SIP revisions that 
correct the rule deficiencies.
    Secondly, as authorized in sections 110(k)(4) and 301(a) of the 
CAA, the EPA conditionally approves Rules 323 and 324 into the Arizona 
SIP. If the MCAQD and the ADEQ submit the necessary rule revisions by 
the specified deadline, and the EPA approves the submission, then the 
identified deficiencies will be cured. However, if the MCAQD, through 
the ADEQ, fails to submit these revisions within the required 
timeframe, the conditional approval will be treated as a disapproval 
for those rules for which the revisions are not submitted. This action 
incorporates the conditionally approved submitted rules into the 
Arizona SIP, including those provisions identified as deficient.

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. 
The EPA has made, and will continue to make, these documents available 
through www.regulations.gov and at the EPA Region IX Office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action 
because this action is not significant under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA, because this SIP disapproval and conditional approval does not 
in-and-of itself create any new information collection burdens, but 
simply disapproves and conditionally approves certain State 
requirements for inclusion in the SIP.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. This SIP 
disapproval and conditional approval does not in-and-of itself create 
any new requirements but simply disapproves and conditionally approves 
certain pre-existing State requirements for inclusion in the SIP.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action disapproves and conditionally approves 
pre-existing requirements under State or local law and imposes no new 
requirements. Accordingly, no additional costs to state, local, or 
tribal governments, or to the private sector, result from this action.

F. Executive Order 13132: Federalism

    This action does not have Federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the

[[Page 43694]]

distribution of power and responsibilities among the various levels of 
government.

G. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because the SIP revision that the EPA is 
disapproving would not 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, and will not impose substantial direct costs on 
tribal governments or preempt tribal law. Thus, Executive Order 13175 
does not apply to this action.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because this SIP disapproval and conditional 
approval does not in-and-of itself create any new regulations, but 
simply disapproves and conditionally approves certain pre-existing 
State requirements for inclusion in the SIP.

I. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

M. 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 September 18, 2020. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: June 24, 2020.
John Busterud,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, EPA is amending 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.  52.119 by adding paragraph (c)(2) to read as follows:


Sec.  52.119  Identification of plan--conditional approvals.

* * * * *
    (c) * * *
    (2) The EPA is conditionally approving portions of the Arizona SIP 
revisions submitted on June 22, 2017. The conditional approval is based 
upon the February 25, 2019 commitment from the State to submit a SIP 
revision consisting of rule revisions that will cure the identified 
deficiencies within twelve (12) months after the EPA's conditional 
approval. If the State fails to meet its commitment, the conditional 
approval will be treated as a disapproval with respect to the rules for 
which the corrections are not made. The following MCAQD rules are 
conditionally approved:
    (i) Rule 323, Fuel Burning Equipment from Industrial/Commercial/
Institutional (ICI) Sources and;
    (ii) Rule 324, Stationary Reciprocating Internal Combustion Engines 
(RICE);

0
3. In Sec.  52.120 amend Table 4 in paragraph (c) by revising the 
entries for ``Rule 323'' and ``Rule 324'' 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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                                                         State                                   Additional
      County citation            Title/subject      effective date    EPA approval date         explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Regulation III--Control of Air Contaminants
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[[Page 43695]]

 
                                                  * * * * * * *
Rule 323...................  Fuel Burning               11/02/2016  7/20/2020, [INSERT     Submitted on June 22,
                              Equipment from                         Federal Register       2017.
                              Industrial/                            CITATION].
                              Commercial/
                              Institutional (ICI)
                              Sources.
Rule 324...................  Stationary                 11/02/2016  7/20/2020, [INSERT     Submitted on June 22,
                              Reciprocating                          Federal Register       2017.
                              Internal Combustion                    CITATION].
                              Engines (RICE).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
4. Amend Sec.  52.133 by adding paragraph (h) to read as follows:


Sec.  52.133  Rules and regulations.

* * * * *
    (h) Maricopa County Air Quality Department Rule 322 ``Power Plant 
Operations'', submitted on June 22, 2017, contains: An option for the 
Air Pollution Control Officer to apply alternative emission limits to 
applicable equipment, and alternative compliance deadlines, without 
Agency approval of those limits and deadlines into the Arizona State 
Implementation Plan; limits that have not been demonstrated to meet 
RACT; overly broad exemptions from certain requirements during 
emergency fuel use operations; and a lack of sufficient compliance 
determination requirements. Therefore, this rule is disapproved.

[FR Doc. 2020-14095 Filed 7-17-20; 8:45 am]
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