[Federal Register Volume 84, Number 226 (Friday, November 22, 2019)]
[Rules and Regulations]
[Pages 64426-64427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25058]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0497; FRL-10002-13-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) and particulate matter (PM) from brick and structural clay 
products manufacturing, rubber sports ball manufacturing, and vegetable 
oil extraction processes. We are approving the rescission of local 
rules that regulate these emission sources under the Clean Air Act (CAA 
or the Act).

DATES: These rule rescissions will be effective on December 23, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2019-0497. 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: Robert Schwartz, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3286 or by 
email at schwartz.robert@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 September 9, 2019 (84 FR 47211), the EPA proposed to approve the 
rescission of the following rules from the Arizona SIP.

----------------------------------------------------------------------------------------------------------------
                                                                                      Adopted       Rescission
            Local agency                Rule No.              Rule title              revised        submitted
----------------------------------------------------------------------------------------------------------------
MCAQD..............................             325  Brick and Structural Clay        08/10/2005      12/18/2017
                                                      Products (BSCP)
                                                      Manufacturing.
MCAQD..............................             334  Rubber Sports Ball               06/19/1996      12/18/2017
                                                      Manufacturing.
MCAQD..............................             339  Vegetable Oil Extraction         11/16/1992      12/18/2017
                                                      Processes.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve the rescission of these rules because we 
determined that the SIP revisions, i.e., rule rescissions, comply with 
the relevant CAA requirements, including CAA sections 110(l) and 193. 
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 anonymous comment.
    Comment: The EPA should not approve this submission until Maricopa 
County and Arizona move to strike the aforementioned regulations from 
each applicable approved plan. These plans were approved with these 
regulations incorporated in them and now must be updated to account for 
the fact that these regulations no longer exist. The EPA should require 
Maricopa County and Arizona to submit new plans to replace the old 
approved plans so the EPA can ensure the county and state's plans still 
meet the necessary requirements just as the old plans did previously. 
The EPA must require that the plans be updated to the most recent 
regulations.
    The EPA's Response: The SIP revision that is the subject of our 
September 9, 2019 proposed rule rescinds three MCAQD rules from the 
Arizona SIP. As noted in our September 9, 2019 proposed rule, MCAQD 
rescinded these three rules from the local rulebook on December 13, 
2017, and ADEQ adopted the rule rescissions as a revision to the 
Maricopa County portion of the Arizona SIP on December 18, 2017. 84 FR 
47211/column 3. The three rules are being rescinded, and not replaced, 
because the rules no longer apply to any sources. The sources for which 
the rules were originally developed and adopted have closed, and no new 
sources of the types covered by the rules are expected to establish 
operations in Maricopa County. As such, we find that no replacement of 
the rules is necessary to avoid interference with attainment or 
maintenance of any of the national ambient air quality standards in 
Maricopa County or any other requirement of the CAA.

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 rule 
rescissions from the Arizona SIP.

[[Page 64427]]

IV. Incorporation by Reference

    In this document, as described in the amendments to 40 CFR part 52 
set forth below, the EPA is removing provisions of the EPA Approved 
Maricopa County rules from the Arizona State Implementation Plan, which 
is incorporated by reference in accordance with the requirements of 1 
CFR part 51.

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 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 January 21, 2020. 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, Ozone, Particulate matter, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: November 4, 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--[Amended]

0
2. Section 52.120 is amended in paragraph (c), Table 4, by removing the 
entries for ``Rule 325,'' ``Rule 334'' and ``Rule 339''.

[FR Doc. 2019-25058 Filed 11-21-19; 8:45 am]
 BILLING CODE 6560-50-P


