[Federal Register Volume 85, Number 136 (Wednesday, July 15, 2020)]
[Rules and Regulations]
[Pages 42726-42728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14001]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0633; FRL-10011-25-Region 9]


Air Plan Approval; Arizona; Maricopa County Air Quality 
Department and Pima County Department of Environmental Quality

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) and Pima County Department of Environmental Quality 
(PCDEQ) portions of the Arizona State Implementation Plan (SIP). These 
revisions concern emissions of particulate matter (PM) from nonmetallic 
mineral processing, inactive mineral tailings and slag storage. We are 
approving local rules that regulate these emission sources under the 
Clean Air Act (CAA or the Act).

DATES: These rules will be effective on August 14, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2019-0633. 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: Christine Vineyard, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4125 or by 
email at vineyard.christine@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 May 1, 2020 (85 FR 25379), the EPA proposed to approve the 
following rules into the Arizona SIP.

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                                                                                     Adopted/
           Local agency                  Rule No.              Rule title             revised        Submitted
----------------------------------------------------------------------------------------------------------------
MCAQD............................  316................  Nonmetallic Mineral             11/07/18        11/19/18
                                                         Processing.
PDEQ.............................  Pima County Code     Inactive Mineral            \1\ 01/22/19    \2\ 05/10/19
                                    Section 17.16.125.   Tailings Impoundment
                                                         and Slag Storage Area
                                                         within the Ajo PM
                                                         Planning Area.
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\1\ Pima County Board of Supervisors adopted PCC Section 17.16.125 on January 22, 2019, with an effective date
  of February 21, 2019.
\2\ ADEQ submitted PCC Section 17.16.125 as part of a larger SIP revision submittal titled ``SIP Revision: Ajo
  PM10 Redesignation Request and Maintenance Plan (May 3, 2019)'' (herein referred to as the ``Ajo PM10 SIP'').
  More specifically, appendix C of the Ajo PM10 SIP includes PCC Section 17.16.125 and the related adoption
  materials. ADEQ submitted the Ajo PM10 SIP electronically on May 10, 2019, under cover of a transmittal letter
  dated May 8, 2019. Herein, EPA is taking final action on the PCC Section 17.16.125 portion of the Ajo PM10
  SIP. The EPA is taking action on the rest of the Ajo PM10 Plan in a separate action (85 FR 34381 (June 4,
  2020)).

    We proposed to approve these rules because we determined that they 
comply with the relevant CAA requirements. More specifically, with 
respect to MCAQD Rule 316, we previously determined that the rule 
implemented Best Available Control Measures for nonmetallic mineral 
processing within the Phoenix planning area, and we find that the 2018 
amendments to the rule relax no control requirements and generally 
clarify and enhance the effectiveness of the rule. With respect to Pima 
County Code (PCC) Section 17.16.125, we find that the rule provides a 
means to ensure the permanence and enforceability of the fugitive dust 
controls that have already been implemented in the Ajo PM10 
planning area and that have brought the area into attainment of the 
Particulate Matter equal to or less than 10 microns in diameter 
(PM10) National Ambient Air Quality Standards (NAAQS). Our 
proposed action and related technical support documents (TSDs) contain 
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 no comments.

III. EPA Action

    Pursuant to section 110(k)(3) of the CAA, and for the reasons 
discussed in detail in our proposed rule and TSDs, and summarized 
above, the EPA is fully approving MCAQD Rule 316, as submitted on 
November 19, 2018, and PCC Section 17.16.125, as submitted on May 10, 
2019, as revisions to 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

[[Page 42727]]

incorporation by reference of the MCAQD and PCDEQ 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 the final rulemaking of the EPA's approval, and will 
be incorporated by reference in the next update to the SIP 
compilation.\3\ 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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    \3\ 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 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 September 14, 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, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: June 23, 2020.
John Busterud,
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(c) is amended as follows:
0
a. In Table 4, under the table headings ``Post-July 1988 Rule 
Codification'' and ``Regulation III--Control of Air Contaminants,'' by 
revising the entry for ``Rule 316.''
0
b. In Table 7, under the table heading ``Post-1993 Rule Codification,'' 
by adding the subheadings ``Chapter 17.16. Emission Limiting 
Standards'' and ``Article III. Emissions from Existing and New Nonpoint 
Sources'' and an entry for ``17.16.125'' after the entry for 
``17.12.480.''
    The revision and additions read as follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *

[[Page 42728]]



                     Table 4--EPA-Approved Maricopa County Air Pollution Control Regulations
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                                                        State effective                           Additional
         County citation             Title/subject           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 316........................  Nonmetallic         November 7, 2018..  7/15/2020, [INSERT  Submitted on
                                   Mineral                                 FEDERAL REGISTER    November 19,
                                   Processing.                             CITATION].          2018.
 
                                                  * * * * * * *
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* * * * *

                       Table 7--EPA-Approved Pima County Air Pollution Control Regulations
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                                                        State effective                           Additional
         County citation             Title/subject           date          EPA approval date      explanation
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                                                  * * * * * * *
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                                           Post-1993 Rule Codification
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                                                  * * * * * * *
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                                   Chapter 17.16. Emission Limiting Standards
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                          Article III. Emissions from Existing and New Nonpoint Sources
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17.16.125.......................  Inactive Mineral    February 21, 2019.  7/15/2020, [INSERT  Submitted on May
                                   Tailings                                FEDERAL REGISTER    10, 2019.
                                   Impoundment and                         CITATION].
                                   Slag Storage Area
                                   within the Ajo
                                   PM10 Planning
                                   Area.
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[FR Doc. 2020-14001 Filed 7-14-20; 8:45 am]
BILLING CODE 6560-50-P


