Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Proposed Rules 10903 

Small Business Regulatory Enforcement 

Fairness Act 

Under the Small Business Regulatory 

Enforcement Fairness Act (5 U.S.C. 801 

et seq.), this proposed rule is not a major 

rule. It will not have an effect on the 

economy of $100 million or more, will 

not cause a major increase in costs or 

prices for consumers, and will not have 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. 

Executive Order 12630 

Title VIII of ANILCA requires the 

Secretaries to administer a subsistence 

priority on public lands. The scope of 

this program is limited by definition to 

certain public lands. Likewise, these 

proposed regulations have no potential 

takings of private property implications 

as defined by Executive Order 12630. 

Unfunded Mandates Reform Act 

The Secretaries have determined and 

certify pursuant to the Unfunded 

Mandates Reform Act, 2 U.S.C. 1502 et 

seq., that this rulemaking will not 

impose a cost of $100 million or more 

in any given year on local or State 

governments or private entities. The 

implementation of this rule is by 

Federal agencies and there is no cost 

imposed on any State or local entities or 

tribal governments. 

Executive Order 12988 

The Secretaries have determined that 

these regulations meet the applicable 

standards provided in sections 3(a) and 

3(b)(2) of Executive Order 12988, 

regarding civil justice reform. 

Executive Order 13132 

In accordance with Executive Order 

13132, this proposed rule does not have 

sufficient federalism implications to 

warrant the preparation of a Federalism 

Assessment. Title VIII of ANILCA 

precludes the State from exercising 

subsistence management authority over 

fish and wildlife resources on Federal 

lands unless it meets certain 

requirements. 

Executive Order 13175 

The Alaska National Interest Lands 

Conservation Act, Title VIII, does not 

provide specific rights to tribes for the 

subsistence taking of wildlife, fish, and 

shellfish. However, the Secretaries, 

through the Board, will provide 

federally recognized Tribes and Alaska 

Native corporations an opportunity to 

consult on this proposed rule. 

Consultations with Alaska Native 

corporations are based on Public Law 

108–199, div. H, Sec. 161, Jan. 23, 2004, 

118 Stat. 452, as amended by Public 

Law 108–447, div. H, title V, Sec. 518, 

Dec. 8, 2004, 118 Stat. 3267, which 

provides that: ‘‘The Director of the 

Office of Management and Budget and 

all Federal agencies shall hereafter 

consult with Alaska Native corporations 

on the same basis as Indian tribes under 

Executive Order No. 13175.’’ 

The Secretaries, through the Board, 

will provide a variety of opportunities 

for consultation: commenting on 

proposed changes to the existing rule; 

engaging in dialogue at the Regional 

Council meetings; engaging in dialogue 

at the Board’s meetings; and providing 

input in person, by mail, email, or 

phone at any time during the 

rulemaking process. 

Executive Order 13211 

This Executive order requires 

agencies to prepare Statements of 

Energy Effects when undertaking certain 

actions. However, this proposed rule is 

not a significant regulatory action under 

E.O. 13211, affecting energy supply, 

distribution, or use, and no Statement of 

Energy Effects is required. 

Drafting Information 

Theo Matuskowitz drafted this 

proposed rule under the guidance of 

Sue Detwiler of the Office of 

Subsistence Management, Alaska 

Regional Office, U.S. Fish and Wildlife 

Service, Anchorage, Alaska. Additional 

assistance was provided by: 

• Chris McKee, Alaska State Office, 

Bureau of Land Management; 

• Joshua Ream, Alaska Regional 

Office, National Park Service; 

• Dr. Glenn Chen, Alaska Regional 

Office, Bureau of Indian Affairs; 

• Carol Damberg, Alaska Regional 

Office, U.S. Fish and Wildlife Service; 

and 

• Deyna Kuntzsch, Alaska Regional 

Office, USDA—Forest Service. 

List of Subjects 

36 CFR Part 242 

Administrative practice and 

procedure, Alaska, Fish, National 

forests, Public lands, Reporting and 

recordkeeping requirements, Wildlife. 

50 CFR Part 100 

Administrative practice and 

procedure, Alaska, Fish, National 

forests, Public lands, Reporting and 

recordkeeping requirements, Wildlife. 

Proposed Regulation Promulgation 

For the reasons set out in the 

preamble, the Federal Subsistence 

Board proposes to amend 36 CFR part 

242 and 50 CFR part 100 for the 2022– 

23 and 2023–24 regulatory years: 

The text of the proposed amendments 

to 36 CFR 242.24 and 242.26 and 50 

CFR 100.24 and 100.26 is the final rule 

for the 2020–2022 regulatory period for 

wildlife (85 FR 74796; November 23, 

2020). 

The text of the proposed amendments 

to 36 CFR 242.25 and 50 CFR 100.25 is 

the final rule for the 2018–20 regulatory 

period for wildlife (83 FR 50758; 

October 9, 2018). 

Sue Detwiler, 

Assistant Regional Director, U.S. Fish and 

Wildlife Service. 

Wayne Owen, 

Director, Wildlife, Fisheries, Ecology, 

Watershed, & Subsistence, Alaska Region, 

USDA—Forest Service. 

[FR Doc. 2021–03407 Filed 2–22–21; 8:45 am] 

BILLING CODE 4333–15–P 3411–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2020–0352; FRL–10016– 

75–Region 9] 

Approval of Arizona State 

Implementation Plan Revisions; 

Maricopa County Air Quality 

Department; Stationary Source 

Permits; New Source Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing action on 

revisions to the Maricopa County Air 

Quality Department (MCAQD) portion 

of the state implementation plan (SIP) 

for the State of Arizona. We are 

proposing full approval of seven 

MCAQD rules for the Department’s New 

Source Review (NSR) preconstruction 

permitting program for new and 

modified stationary sources of air 

pollution. We are taking comments on 

this proposed rule and plan to follow 

with a final action. 

DATES: Written comments must be 

received on or before March 25, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2020–0352 at https://

www.regulations.gov, or via email to 

R9AirPermits@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be removed or edited from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

10904 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Proposed Rules 

1Rule 210 also contains requirements to address 

the CAA title V requirements for operating permit 

programs, but we are not evaluating the rule for title 

V purposes at this time. We will evaluate Rule 210 

for compliance with the requirements of title V of 

the Act and the EPA’s implementing regulations in 

40 CFR part 70 following receipt of an official part 

70 program submittal from Maricopa County 

containing this rule. 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, or 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 the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Shaheerah Kelly, EPA Region IX, 75 

Hawthorne Street (AIR–3–1), San 

Francisco, California 94105. By phone at 

(415) 947–4156, or by email at 

kelly.shaheerah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we’’, ‘‘us’’, 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rule revisions? 

II. The EPA’s Evaluation 

A. What is the background for today’s 

proposal? 

B. How is the EPA evaluating the rules? 

C. Do the rules meet the evaluation 

criteria? 

III. Proposed Action and Public Comment 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The initials ADEQ mean or refer to the 

Arizona Department of Environmental 

Quality. 

(ii) The word or initials CAA or Act mean 

or refer to the Clean Air Act, unless the 

context indicates otherwise. 

(iii) The initials CFR mean or refer to Code 

of Federal Regulations. 

(iv) The initials or words EPA, we, us or 

our mean or refer to the United States 

Environmental Protection Agency. 

(v) The word or initials MCAQD or 

Department mean or refer to the Maricopa 

County Air Quality Department, the agency 

with jurisdiction over stationary sources 

within Maricopa County, Arizona. 

(vi) The initials NAAQS mean or refer to 

the National Ambient Air Quality Standards. 

(vii) The initials NSR mean or refer to New 

Source Review. 

(viii) The initials NNSR mean or refer to 

nonattainment New Source Review. 

(ix) The initials PSD mean or refer to 

Prevention of Significant Deterioration. 

(x) The initials SIP means or refer to State 

Implementation Plan. 

(xi) The word State means or refers to the 

State of Arizona. 

(xii) The word TSD means or refers to the 

Technical Support Document. 

I. The State’s Submittal 

A. What rules did the State submit? 

On December 20, 2019, the ADEQ 

submitted the revised rules in Table 1 

to the EPA as a revision to the Maricopa 

County portion of the Arizona SIP. The 

ADEQ is the governor’s designee for 

submitting official revisions of the 

Arizona SIP to the EPA. These rules 

constitute the MCAQD’s air quality 

preconstruction NSR permit program. 

TABLE 1—MCAQD SUBMITTED RULES

Regulation & Rule No. Rule title 

Adoption or 

amendment 

date 

Submitted 

Regulation I, Rule 100 ..................... General Provisions; General Provisions and Definitions .......................... 12/11/2019 12/20/2019 

Regulation II, Rule 200 .................... Permits and Fees; Permit Requirements .................................................. 12/11/2019 12/20/2019 

Regulation II, Rule 210 1 .................. Permits and Fees; Title V Permit Provisions ............................................ 12/11/2019 12/20/2019 

Regulation II, Rule 220 .................... Permits and Fees; Non-Title V Permit Provisions .................................... 12/11/2019 12/20/2019 

Regulation II, Rule 230 .................... Permits and Fees; General Permits .......................................................... 12/11/2019 12/20/2019 

Regulation II, Rule 240 .................... Permits and Fees; Federal Major New Source Review ........................... 12/11/2019 12/20/2019 

Regulation II, Rule 241 .................... Permits and Fees; Minor New Source Review ......................................... 12/11/2019 12/20/2019 

On June 20, 2020, the MCAQD’s Rules 

100, 200, 210, 220, 230, 240, and 241 

were deemed complete by operation of 

law in accordance with 40 CFR part 51, 

Appendix V. 

B. Are there other versions of these 

rules? 

On April 5, 2019, the EPA finalized 

full approval of MCAQD Rules 210, 220, 

240, and 241, and conditional approval 

of Rules 100 and 200, as amended on 

February 3, 2016 and September 7, 

2016, into the Maricopa County portion 

of the Arizona SIP. (See 84 FR 13543 

(April 5, 2019), and 84 FR 18392 (May 

1, 2019).) Our detailed analysis for the 

April 5, 2019 final SIP action is 

provided in the May 17, 2018 Technical 

Support Document (TSD) and March 18, 

2019 Response to Comments. 

The existing SIP-approved NSR 

program for new or modified stationary 

sources in Maricopa County consists of 

the rules identified in Table 2. 

Collectively, these rules establish the 

NSR permit requirements for stationary 

sources under the MCAQD’s 

jurisdiction. 

The rules listed in Table 1 will 

replace the existing SIP-approved NSR 

program rules listed in Table 2, in their 

entirety. The MCAQD made several 

revisions to its NSR program, including 

revisions for addressing the rule 

deficiencies identified by the EPA in 

our final conditional approval on April 

5, 2019. The EPA’s action on this SIP 

submittal will update the Maricopa 

County portion of the Arizona SIP. 

Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Proposed Rules 10905 

TABLE 2—MCAQD’S CURRENT SIP-APPROVED RULES

Regulation & rule No. Rule title State 

effective date 

SIP 

approval date 

Federal 

Register 

citation 

Regulation I, Rule 2, No. 11 ‘‘Alteration 

or Modification’’.

General Provisions; Definitions .............. June 23, 1980 ........ June 18, 1982 ........ 47 FR 26382 

Regulation I, Rule 2, No. 27 ‘‘Dust’’ ...... General Provisions; Definitions .............. June 23, 1980 ........ April 12, 1982 ........ 47 FR 15579 

Regulation I, Rule 2, No. 29 ‘‘Emission’’ General Provisions; Definitions .............. June 23, 1980 ........ April 12, 1982 ........ 47 FR 15579 

Regulation I, Rule 2, No. 34 ‘‘Existing 

Source Performance Standards’’.

General Provisions; Definitions .............. June 23, 1980 ........ April 12, 1982 ........ 47 FR 15579 

Regulation I, Rule 2, No. 37 ‘‘Fly Ash’’ .. General Provisions; Definitions .............. June 23, 1980 ........ April 12, 1982 ........ 47 FR 15579 

Regulation I, Rule 2, No. 39 ‘‘Fuel’’ ....... General Provisions; Definitions .............. June 23, 1980 ........ April 12, 1982 ........ 47 FR 15579 

Regulation I, Rule 2, No. 42 ‘‘Fume’’ ..... General Provisions; Definitions .............. June 23, 1980 ........ April 12, 1982 ........ 47 FR 15579 

Regulation I, Rule 2, No. 55 ‘‘Motor Vehicle’’.General Provisions; Definitions .............. June 23, 1980 ........ April 12, 1982 ........ 47 FR 15579 

Regulation I, Rule 2, No. 59 ‘‘Non-Point 

Source’’.

General Provisions; Definitions .............. June 23, 1980 ........ April 12, 1982 ........ 47 FR 15579 

Regulation I, Rule 2, No. 60 ‘‘Odors’’ .... General Provisions; Definitions .............. June 23, 1980 ........ April 12, 1982 ........ 47 FR 15579 

Regulation I, Rule 2, No. 64 ‘‘Organic 

Solvent’’.

General Provisions; Definitions .............. June 23, 1980 ........ April 12, 1982 ........ 47 FR 15579 

Regulation I, Rule 2, No. 70 ‘‘Plume’’ .... General Provisions; Definitions .............. June 23, 1980 ........ April 12, 1982 ........ 47 FR 15579 

Regulation I, Rule 2, No. 80 ‘‘Smoke’’ ... General Provisions; Definitions .............. June 23, 1980 ........ April 12, 1982 ........ 47 FR 15579 

Regulation I, Rule 2, No. 91 ‘‘Vapor’’ .... General Provisions; Definitions .............. June 23, 1980 ........ April 12, 1982 ........ 47 FR 15579 

Regulation II, Rule 21, Section D.1 (AZ 

R9–3–101, Paragraph 52 ‘‘Dust’’).

Permits and Fees; Procedures for Obtaining an Installation Permit.October 25, 1982 ... August 10, 1988; 

Vacated; restored 

on January 29, 

1991.

53 FR 30224; 

56 FR 3219 

Regulation II, Rule 21, Section D.1 (AZ 

R9–3–101, Paragraph 56 ‘‘Emission’’).

Permits and Fees; Procedures for Obtaining an Installation Permit.October 25, 1982 ... August 10, 1988; 

Vacated; restored 

on January 29, 

1991.

53 FR 30224; 

56 FR 3219 

Regulation II, Rule 21, Section D.1 (AZ 

R9–3–101, Paragraph 63 ‘‘Existing 

Source Performance Standards’’).

Permits and Fees; Procedures for Obtaining an Installation Permit.October 25, 1982 ... August 10, 1988; 

Vacated; restored 

on January 29, 

1991.

53 FR 30224; 

56 FR 3219 

Regulation II, Rule 21, Section D.1 (AZ 

R9–3–101, Paragraph 70 ‘‘Fuel’’).

Permits and Fees; Procedures for Obtaining an Installation Permit.October 25, 1982 ... August 10, 1988; 

Vacated; restored 

on January 29, 

1991.

53 FR 30224; 

56 FR 3219 

Regulation II, Rule 21, Section D.1 (AZ 

R9–3–101, Paragraph 71 ‘‘Fuel Burning Equipment’’).

Permits and Fees; Procedures for Obtaining an Installation Permit.October 25, 1982 ... August 10, 1988; 

Vacated; restored 

on January 29, 

1991.

53 FR 30224; 

56 FR 3219 

Regulation II, Rule 21, Section D.1 (AZ 

R9–3–101, Paragraph 74 ‘‘Fume’’).

Permits and Fees; Procedures for Obtaining an Installation Permit.October 25, 1982 ... August 10, 1988; 

Vacated; restored 

on January 29, 

1991.

53 FR 30224; 

56 FR 3219 

Regulation II, Rule 21, Section D.1 (AZ 

R9–3–101, Paragraph 103 ‘‘Motor 

Vehicle’’).

Permits and Fees; Procedures for Obtaining an Installation Permit.October 25, 1982 ... August 10, 1988; 

Vacated; restored 

on January 29, 

1991.

53 FR 30224; 

56 FR 3219 

Regulation II, Rule 21, Section D.1 (AZ 

R9–3–101, Paragraph 114 ‘‘NonPoint Source’’).

Permits and Fees; Procedures for Obtaining an Installation Permit.October 25, 1982 ... August 10, 1988; 

Vacated; restored 

on January 29, 

1991.

53 FR 30224; 

56 FR 3219 

Regulation II, Rule 21, Section D.1 (AZ 

R9–3–101, Paragraph 122 

‘‘Photochemically Reactive Solvent’’).

Permits and Fees; Procedures for Obtaining an Installation Permit.October 25, 1982 ... August 10, 1988; 

Vacated; restored 

on January 29, 

1991.

53 FR 30224; 

56 FR 3219 

Regulation II, Rule 21, Section D.1 (AZ 

R9–3–101, Paragraph 123 ‘‘Plume’’).

Permits and Fees; Procedures for Obtaining an Installation Permit.October 25, 1982 ... August 10, 1988; 

Vacated; restored 

on January 29, 

1991.

53 FR 30224; 

56 FR 3219 

Regulation II, Rule 21, Section D.1 (AZ 

R9–3–101, Paragraph 128 ‘‘Process’’).

Permits and Fees; Procedures for Obtaining an Installation Permit.October 25, 1982 ... August 10, 1988; 

Vacated; restored 

on January 29, 

1991.

53 FR 30224; 

56 FR 3219 

Regulation II, Rule 21, Section D.1 (AZ 

R9–3–101, Paragraph 129 ‘‘Process 

Source’’).

Permits and Fees; Procedures for Obtaining an Installation Permit.October 25, 1982 ... August 10, 1988; 

Vacated; restored 

on January 29, 

1991.

53 FR 30224; 

56 FR 3219 

10906 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Proposed Rules 

2The correct citation for the definition of ‘‘Soot’’ 

is Rule 21, Section D.1 (AZ R9–3–101, Paragraph 

151), and not Paragraph 152 which was in the April 

5, 2019 final action. 

3On May 1, 2019, the EPA published a final rule 

to correct an error in the regulatory text for the 

April 5, 2019 action. (See 84 FR 18392.) 

TABLE 2—MCAQD’S CURRENT SIP-APPROVED RULES—Continued 

Regulation & rule No. Rule title State 

effective date 

SIP 

approval date 

Federal 

Register 

citation 

Regulation II, Rule 21, Section D.1 (AZ 

R9–3–101, Paragraph 150 ‘‘Smoke’’).

Permits and Fees; Procedures for Obtaining an Installation Permit.October 25, 1982 ... August 10, 1988; 

Vacated; restored 

on January 29, 

1991.

53 FR 30224; 

56 FR 3219 

Regulation II, Rule 21, Section D.1 (AZ 

R9–3–101, Paragraph 151 ‘‘Soot’’) 2.

Permits and Fees; Procedures for Obtaining an Installation Permit.October 25, 1982 ... August 10, 1988; 

Vacated; restored 

on January 29, 

1991.

53 FR 30224; 

56 FR 3219 

Regulation II, Rule 21, Section D.1 (AZ 

R9–3–101, Paragraph 160 ‘‘Supplementary Control System (SCS)’’).

Permits and Fees; Procedures for Obtaining an Installation Permit.October 25, 1982 ... August 10, 1988; 

Vacated; restored 

on January 29, 

1991.

53 FR 30224; 

56 FR 3219 

Rule 21, Section D.1 (AZ R9–3–101, 

Paragraph 166 ‘‘Vapor’’).

Permits and Fees; Procedures for Obtaining an Installation Permit.October 25, 1982 ... August 10, 1988; 

Vacated; restored 

on January 29, 

1991.

53 FR 30224; 

56 FR 3219 

Regulation II, Rule 21, Section D.1 (AZ 

R9–3–101, Paragraph 167 ‘‘Vapor 

Pressure’’).

Permits and Fees; Procedures for Obtaining an Installation Permit.October 25, 1982 ... August 10, 1988; 

Vacated; restored 

on January 29, 

1991.

53 FR 30224; 

56 FR 3219 

Regulation II, Rule 21, Section D.1 (AZ 

R9–3–101, Paragraph 168 ‘‘Visible 

Emissions’’).

Permits and Fees; Procedures for Obtaining an Installation Permit.October 25, 1982 ... August 10, 1988; 

Vacated; restored 

on January 29, 

1991.

53 FR 30224; 

56 FR 3219 

Regulation I, Rule 100 (except Sections 

200.24, 200.73, 200.104(c)).

General Provisions; General Provisions 

and Definitions.

February 3, 2016 ... April 5, 2019 .......... 84 FR 13543 

Regulation II, Rule 200 .......................... Permits and Fees; Permit Requirements February 3, 2016 ... April 5, 2019 .......... 84 FR 13543 

Regulation II, Rule 210 .......................... Permits and Fees; Title V Permit Provisions.February 3, 2016 ... April 5, 2019 .......... 84 FR 13543 

Regulation II, Rule 220 .......................... Permits and Fees; Non-Title V Permit 

Provisions.

February 3, 2016 ... April 5, 2019 .......... 84 FR 13543 

Regulation II, Rule 240 (except Section 

305).

Permits and Fees; Federal Major New 

Source Review (NSR).

February 3, 2016 ... April 5, 2019 .......... 84 FR 13543 

Regulation II, Rule 241 .......................... Permits and Fees; Minor New Source 

Review (NSR).

February 3, 2016 ... April 5, 2019 .......... 84 FR 13543 

C. What is the purpose of the submitted 

rule revisions? 

Section 110(a) of the CAA requires 

states to submit regulations that include 

a pre-construction permit program for 

new or modified stationary sources of 

pollutants, including a permit program 

as required by sections 110(a)(2) of the 

CAA, and parts C and D of title I of the 

CAA. 

The purpose of the MCAQD’s NSR 

submittal, which includes Rules 100, 

200, 210, 220, 230, 240, and 241, is to 

implement the County’s preconstruction 

permit program for new and modified 

minor sources, and new and modified 

major stationary sources for areas 

designated attainment and/or 

unclassifiable for the National Ambient 

Air Quality Standards (NAAQS), or 

nonattainment for at least one NAAQS. 

Maricopa County is designated 

attainment and/or unclassifiable for all 

sulfur dioxide (SO2), nitrogen dioxide 

(NOX), particulate matter less than 2.5 

micrometers (PM2.5), and carbon 

monoxide (CO) NAAQS. Maricopa 

County is also designated attainment 

and/or unclassifiable for all ozone 

NAAQS outside of the Phoenix-Mesa 

area, and the particulate matter less than 

10 micrometers (PM10) NAAQS for the 

Maricopa County area outside of the 

Phoenix Planning Area. 

The Phoenix-Mesa, AZ area of 

Maricopa County is designated as a 

Moderate nonattainment area for the 

2008 ozone NAAQS and as a Marginal 

nonattainment area for the 2015 ozone 

NAAQS. Additionally, the Phoenix 

Planning Area of Maricopa County is 

designated as a Serious nonattainment 

area for the 1987 24-hour PM10 NAAQS. 

See 40 CFR 81.303. 

We present our evaluation under the 

CAA and the EPA’s implementing 

regulations applicable to SIP submittals 

and NSR permit programs in general 

terms below. We provide a more 

detailed analysis in our TSD, which is 

available in the docket for this proposed 

action. 

II. The EPA’s Evaluation 

A. What is the background for today’s 

proposal? 

On April 5, 2019, the EPA finalized 

full approval of Rules 210, 220, 240, and 

241, and conditional approval of Rules 

100 and 200, into the Arizona SIP. 84 

FR 13543.3 We finalized conditional 

approval of Rules 100 and 200 because 

we determined that, while they mostly 

satisfied the statutory and regulatory 

requirements of CAA section 

110(a)(2)(C) and part D of title I of the 

Act, the rules also contained 

deficiencies that prevented full 

approval. The December 20, 2019 

Submittal was submitted within one 

year of the April 5, 2019 final action, in 

accordance with the requirements of 

CAA section 110(k)(4). 

The MCAQD made several revisions 

to Rules 100 and 200 to address the 

deficiencies identified by the EPA, as 

well as minor revisions to Rules 210, 

220, 240, and 241 to address EPA 

Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Proposed Rules 10907 

recommendations. The MCAQD also 

adopted new Rule 230. These revisions 

are discussed in the TSD, which can be 

found in the docket for this rule. 

B. How is the EPA evaluating the rules? 

The EPA has reviewed the MCAQD 

rules listed in Table 1 for compliance 

with the CAA’s general requirements for 

SIPs in CAA section 110(a)(2), for the 

PSD program in part C of title I (section 

165), and for the nonattainment NSR 

programs in part D of title I (sections 

172 and 173). The EPA also evaluated 

the rules for compliance with the CAA 

requirements for SIP revisions in CAA 

sections 110(l) and 193. In addition, the 

EPA evaluated the submitted rules for 

consistency with the regulatory 

provisions of 40 CFR part 51, subpart I 

(Review of New Sources and 

Modifications) (i.e., 40 CFR 51.160– 

51.166) and 40 CFR 51.307. 

Sections 110(a)(2) and 110(l) of the 

Act require that each SIP or revision to 

a SIP submitted by a state must be 

adopted after reasonable notice and 

public hearing. In addition, section 110 

of the Act requires that SIP rules be 

enforceable. 

Section 110(a)(2)(C) of the Act 

requires each SIP to include a program 

to regulate the modification and 

construction of any stationary source 

within the areas covered by the SIP as 

necessary to assure attainment and 

maintenance of the NAAQS. The EPA’s 

regulations at 40 CFR 51.160–51.164 

provide general programmatic 

requirements to implement this 

statutory mandate commonly referred to 

as the ‘‘general’’ or ‘‘minor’’ NSR 

program. These NSR program 

regulations impose requirements for 

approval of state and local programs 

that are more general in nature as 

compared to the specific statutory and 

regulatory requirements for NSR 

permitting programs under parts C and 

D of title I of the Act. 

Part C of title I of the Act, and the 

implementing regulations at 40 CFR 

51.166, contain the requirements for 

states to establish preconstruction 

permitting programs for the prevention 

of significant deterioration of air quality 

(PSD) in areas designated as attainment 

and/or unclassifiable for the NAAQS. 

The PSD program requirements under 

part C apply to major stationary sources 

and major modifications, as those terms 

are defined in 40 CFR 51.166, at 

stationary sources located within 

attainment and/or unclassifiable areas. 

The PSD requirements apply to all 

regulated NSR pollutants, except those 

pollutants for which an area has been 

designated as nonattainment. 

Part D of title I of the Act contains the 

general requirements for areas 

designated nonattainment for a NAAQS 

(section 172), referred to as 

nonattainment NSR (NNSR), including 

preconstruction permit requirements for 

new major sources and major 

modifications proposing to construct in 

nonattainment areas (section 173). 40 

CFR 51.165 sets forth the EPA’s 

regulatory requirements for SIPapproval of a nonattainment NSR permit 

program. 

The protection of visibility 

requirements that apply to NSR 

programs are contained in 40 CFR 

51.307. This provision requires that 

certain actions be taken in consultation 

with the local Federal Land Manager if 

a new major source or major 

modification may have an impact on 

visibility in any mandatory Federal 

Class I Area. 

Section 110(l) of the Act prohibits the 

EPA from approving any SIP revisions 

that would interfere with any applicable 

requirement concerning attainment and 

reasonable further progress (RFP) or any 

other applicable requirement of the 

CAA. Section 193 of the Act, which 

only applies in nonattainment areas, 

prohibits the modification of a SIPapproved control requirement in effect 

before November 15, 1990, in any 

manner unless the modification insures 

equivalent or greater emission 

reductions of such air pollutant. 

Our TSD, which can be found in the 

docket for this rule, contains a more 

detailed discussion of the approval 

criteria. 

C. Do the rules meet the evaluation 

criteria? 

The EPA has reviewed the submitted 

rules in accordance with the rule 

evaluation criteria described above. 

With respect to procedural 

requirements, CAA sections 110(a)(2) 

and 110(l) require that revisions to a SIP 

be adopted by the state after reasonable 

notice and public hearing. Based on our 

review of the public process 

documentation included in the 

December 20, 2019 Submittal, we find 

that the MCAQD has provided sufficient 

evidence of public notice, and an 

opportunity for comment and a public 

hearing prior to adoption and submittal 

of these rules to the EPA. 

With respect to substantive 

requirements, we have reviewed the 

revisions to the submitted rules in 

accordance with the evaluation criteria 

discussed above. These revisions 

included (1) rule changes that address 

the deficiencies related to the 

conditional approval of Rules 100 and 

200; (2) new Rule 230; (3) new rule 

provisions in Rules 100 and 240; (4) 

deleted rule provisions; and (5) other 

general revisions. These revisions are 

discussed below, and in greater detail in 

the TSD for this rulemaking action. 

Corrections to Deficiencies Identified in 

the Conditional Approval of Rules 100 

and 200 

On April 5, 2019, the EPA finalized 

conditional approval of Rules 100 and 

200, as amended on February 3, 2016, 

because we determined that, while they 

mostly satisfy the statutory and 

regulatory requirements of CAA section 

110(a)(2)(C) and part D of title I of the 

Act, the rules also contained 

deficiencies that prevented full 

approval. (See 84 FR 13543.) As part of 

the conditional approval, the MCAQD 

and the ADEQ committed to address the 

deficiencies by providing the EPA with 

a SIP revision within one year of the 

April 5, 2019 final action. The 

December 20, 2019 Submittal addresses 

these deficiencies as follows: 

1. The EPA determined that the 

definition of ‘‘Good Engineering 

Practice (GEP) Stack Height’’ in Rule 

200, Section 201 was inconsistent with 

the definition for this term provided in 

40 CFR 51.100(ii), and therefore 

deficient. 

To address this deficiency the 

MCAQD deleted (1) the definition of 

GEP stack height in Rule 200, Section 

201; and (2) the stack height procedures 

in Rule 240, Section 302.5 (Application 

Completeness) and Section 306 (Stack 

Height and Dispersion Techniques). The 

MCAQD also revised Rule 200, Section 

314 (Stack Height Provisions) to add a 

reference to 40 CFR 51.100 for 

determining GEP stack height. These 

revisions correct the deficiency. 

2. The EPA determined that the 

MCAQD must provide a basis under 40 

CFR 51.160(e) to demonstrate that 

regulation of the equipment (i.e., 

agricultural equipment used in normal 

farm operations) exempted in Rule 200, 

Section 305.1.c is not needed for the 

MCAQD’s program to meet federal NSR 

requirements for attainment and 

maintenance of the NAAQS or review 

for compliance with the control strategy. 

To address this deficiency the 

MCAQD deleted the exemption in Rule 

200, Section 305.1.c, and replaced it 

with a revised exemption in new 

Section 305.2(i), which applies to 

fugitive emissions from agricultural 

equipment used in normal farm 

operations. The revised rule provides 

that agricultural equipment used in 

normal farm operations does not 

include equipment that would 

otherwise require a permit under title V 

of the Act, or equipment that is subject 

10908 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Proposed Rules 

to a standard under 40 CFR parts 60, 61 

or 63. The revised exemption is 

consistent with Arizona State law in the 

Arizona Revised Statutes (ARS) 49– 

480(A), 49–425, and 49–426(B) and with 

the ADEQ regulations in the Arizona 

Administrative Code (AAC) R18–2– 

302(C). These revisions correct the 

deficiency. 

3. The EPA determined that Rule 200, 

Section 403.2 did not ensure the 

continuity of the NSR terms and 

conditions when a Title V or Non-Title 

V permit expired and was therefore 

deficient. The MCAQD added Rule 200, 

Section 403.2(c), which states ‘‘The 

terms and conditions of installation 

permits issued before September 1, 

1993, or in permits or permit revisions 

issued under Rule 210 or Rule 220 of 

these rules and authorizing the 

construction or modification of a 

stationary source, remain federal 

applicable requirements unless 

modified or revoked by the Control 

Officer.’’ This provision is the same as 

the ADEQ’s AAC R18–2–303(B). This 

revision corrects the deficiency. 

4. The EPA determined that 

references to Appendix G (Incorporated 

Materials) in certain provisions in Rules 

100 and 200 were deficient because 

Appendix G was neither included in the 

existing SIP nor was it submitted by the 

MCAQD for EPA-approval in the SIP. 

The MCAQD removed references to 

Appendix G, and instead cited the 

appropriate federal regulations in the 

code of federal regulations in the Rule 

100 definitions of ‘‘AP–42’’, ‘‘NonPrecursor Compound’’, ‘‘Reference 

Material’’, and in Rule 100, Section 503 

(Emission Statements Required as 

Stated in the Act), and Rule 200, Section 

314 (Stack Height Provisions). These 

revisions correct the deficiency. 

5. The EPA determined that 

references to the Arizona Testing 

Manual (ATM) in Rules 100 and 200 

were deficient because they relied on 

provisions that were not SIP-approved, 

and because the ATM is significantly 

out of date and not appropriate to be 

relied upon as the sole basis for testing 

procedures. The MCAQD removed these 

references from the Rule 100 definition 

of ‘‘Reference Method’’, and from Rule 

200, Section 408 (Testing Procedures). 

The MCAQD retained the Rule 100 

definition of ‘‘Arizona Testing Manual’’, 

which is the same as the ADEQ’s AAC 

R18–2–101(17). These revisions correct 

the deficiency. 

6. The EPA determined that certain 

definitions that the MCAQD proposed 

be removed from the approved SIP 

could not be removed without further 

justification. In its December 20, 2019 

Submittal, the MCAQD provided 

adequate justifications for removing the 

following definitions from Regulation I, 

Rule 2, and Regulation II, Rule 21, 

Section D.1, of the SIP: ‘‘Alternation or 

Modification’’, ‘‘Begin Actual 

Construction’’, ‘‘Dust’’, ‘‘Emission’’, 

‘‘Existing Source Performance 

Standards’’, ‘‘Fly Ash’’, ‘‘Fuel’’, ‘‘Fuel 

Burning Equipment’’, ‘‘Fume’’, ‘‘Motor 

Vehicle’’, ‘‘Non-Point Source’’, ‘‘Odors’’, 

‘‘Organic Solvent’’, ‘‘Photochemically 

Reactive Solvent’’, ‘‘Plume’’, ‘‘Process’’, 

‘‘Process Source’’, ‘‘Smoke’’, ‘‘Soot’’, 

‘‘Supplementary Control System (SCS)’’, 

‘‘Vapor’’, ‘‘Vapor Pressure’’, and 

‘‘Visible Emissions’’. In general, the 

MCAQD’s justifications for removing 

these definitions are because (a) the 

definition has been replaced by a new 

definition in Rule 100, Section 200, (b) 

there are no references to the defined 

term in the MCAQD’s regulations, (c) 

the definition does not support any SIP 

rules, (d) the definition is outdated and/ 

or substantively the same as a definition 

that was incorporated by reference in 

Rule 240, or (e) the definition is a 

common term for which the MCAQD 

will use the dictionary definition of the 

term. The EPA finds that the removal of 

these definitions is acceptable. 

New Rule 230 

Rule 230 is a new rule for General 

Permits. It allows the issuance of 

General permits for a facility class that 

contains a large number of sources that 

are similar in nature, have substantially 

similar emissions, and would be subject 

to the same or substantially similar 

requirements governing operations, 

emissions, monitoring, reporting, or 

recordkeeping. The owner or operator of 

a new or modified source is also 

required to comply with the applicable 

NSR requirements. As explained in the 

TSD for this rulemaking, Rule 230 is 

consistent with the CAA and the EPA’s 

implementing regulations in 40 CFR 

51.160–51.164. 

New Provisions in Rules 100 and 240 

The MCAQD added the following new 

definitions to Rule 100: ‘‘Begin Actual 

Construction’’, ‘‘Dust’’, ‘‘Emission’’, 

‘‘Fuel’’, ‘‘Fume’’, ‘‘Gasoline’’, 

‘‘Greenhouse Gases (GHGs)’’, ‘‘Minor 

NSR Modification Threshold’’, 

‘‘Modification’’, ‘‘Motor Vehicle’’, ‘‘NonRoad Internal Combustion (IC) Engine’’, 

‘‘Off-Specification Used Oil’’, ‘‘OnSpecification Used Oil’’, ‘‘Organic 

Solvent’’, ‘‘Plume’’, ‘‘Process’’, 

‘‘Regulated Air Pollutant’’, ‘‘Seasonal 

Source’’, ‘‘Smoke’’, ‘‘Soot’’, ‘‘Used Oil’’, 

‘‘Vapor’’, ‘‘Visible Emissions’’, and 

‘‘Year.’’ The MCAQD also added 

‘‘Compliance Schedule for Newly 

Amended Rule Provisions’’ in Rule 100, 

Section 403. These revisions are 

consistent with the CAA and the EPA’s 

implementing regulations in 40 CFR 

51.160–51.164. 

The MCAQD also added new PSD 

program provisions in Rule 240. Section 

305.2 of Rule 240 requires all new and 

modified sources to meet specific 

provisions of 40 CFR 52.21, as 

incorporated by reference. Currently, 

the MCAQD implements a federal PSD 

permit program pursuant to a delegation 

agreement under 40 CFR 52.21(u), 

which allows the MCAQD to issue PSD 

permits, and to modify and extend 

existing PSD permits. Normally, 

following SIP approval of a federal PSD 

permit program, any existing PSD 

delegation agreement would be 

terminated. However, because the 

MCAQD is prohibited under state law 

from regulating GHG emissions, upon 

SIP approval of Rule 240, the EPA will 

terminate the existing PSD delegation 

agreement and enter a new PSD 

delegation agreement limited to the 

issuance of PSD permits that regulate 

GHG emissions. This will allow the 

MCAQD to continue issuing complete 

PSD permits for all sources under its 

jurisdiction. These changes are 

consistent with part C of title I of the 

CAA and the EPA’s implementing 

regulations at 40 CFR 51.166. 

Deleted Rule Provisions 

The MCAQD deleted certain 

redundant PSD-related definitions from 

Rule 100, as they are now incorporated 

by reference in Rule 240, Section 200. 

The EPA finds these deletions from Rule 

100 acceptable. 

The MCAQD deleted the following 

rule provisions because they are 

addressed in other rule provisions: (1) 

The definition of ‘‘GEP Stack Height’’ 

from Rule 200, the stack height 

procedures from Rule 240, Section 

302.5, and the stack height and 

dispersion technique provisions from 

Rule 240, Section 306; (2) the 

exemptions for trivial activities, food 

processing equipment, general 

combustion equipment, surface coating 

and printing equipment, solvent 

cleaning equipment, internal 

combustion equipment, laboratories and 

pilot plants, storage and distribution, 

and miscellaneous activities from Rule 

200, Section 305; (3) the Minor NSR 

Transition rule provision from Rule 200, 

Section 313; (4) the emissions 

thresholds of 0.5 tons per year (tpy) of 

hazardous air pollutants, and 2 tpy of 

any regulated air pollutant from Rule 

200, Section 305; (5) provisions 

concerning obtaining a permit prior to 

renting or leasing a portable source from 

Rule 200, Section 410.3; (6) certain 

Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Proposed Rules 10909 

procedures for changes that do not 

require a Non-Title V Permit from Rule 

220, Section 404.3.e.; (7) the 

requirements for holding a public 

hearing from Rule 241, Section 310; and 

(8) the source obligation provision from 

Rule 241, Section 315. These 

requirements were moved to other rules 

or are already addressed in existing 

rules. The EPA finds these revisions 

acceptable. 

Other General Rule Revisions 

The MCAQD made several other 

minor wording and administrative 

changes to Rules 100, 200, 210, 220, 

240, and 241. As discussed further in 

our TSD, these rule revisions are 

acceptable. 

We are proposing to fully approve 

Rules 100, 200, 210, 220, 230, 240 and 

241 as part of the MCAQD’s general and 

NSR permitting programs because we 

have determined that these rules satisfy 

the substantive statutory and regulatory 

requirements of section 110(a)(2)(C) of 

the Act, parts C and D of title I of the 

Act, 40 CFR 51.160–51.166, and 40 CFR 

51.307. Our TSD for this rulemaking 

contains a more detailed evaluation. 

III. Proposed Action and Public 

Comment 

As authorized in section 110(k)(3) of 

the Act, the EPA proposes to fully 

approve the MCAQD Rules 100, 200, 

210, 220, 230, 240, and 241, because 

they fulfill all relevant requirements. 

We are accepting comments from the 

public on this proposal until March 25, 

2021. If we finalize this action as 

proposed, our action would be codified 

through revisions to 40 CFR 52.120 

(Identification of plan). 

IV. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the MCAQD rules listed in Table 1 of 

this notice. The EPA has made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and at the 

EPA Region IX Office (see the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

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 applicable 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); 

List of Subjects in 40 CFR Part 52 

Air pollution control, Environmental 

protection, Incorporation by reference, 

Intergovernmental relations, New source 

review, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: February 5, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2021–02908 Filed 2–22–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2020–0560; EPA–HQ–OAR– 

2020–0535; EPA–HQ–OAR–2020–0572; 

EPA–HQ–OAR–2020–0148; EPA–HQ–OAR– 

2020–0505; EPA–HQ–OAR–2020–0532; 

FRL–10020–46–OAR] 

RIN 2060–AU59; 2060–AU65; 2060–AU57; 

2060–AU67; 2060–AU66; 2060–AU64 

National Emission Standards for 

Hazardous Air Pollutants: Mercury Cell 

Chlor-Alkali Plants, Primary 

Magnesium Refining, Flexible 

Polyurethane Foam Fabrication 

Operations, Refractory Products 

Manufacturing, Carbon Black 

Production, and Cyanide Chemicals 

Manufacturing Residual Risk and 

Technology Reviews; Extension of 

Comment Periods 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rules; extension of 

public comment periods. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is exending 

comment periods for proposed rules 

titled ‘‘National Emission Standards for 

Hazardous Air Pollutants: Mercury Cell 

Chlor-Alkali Plants Residual Risk and 

Technology Review’’ and ‘‘National 

Emission Standards for Hazardous Air 

Pollutants: Primary Magesium Refining 

Residual Risk and Technology Review,’’ 

published on January 8, 2021, ‘‘National 

Emission Standards for Hazardous Air 

Pollutants: Flexible Foam Fabrication 

Operations Residual Risk and 

Technology Review and Flexible 

Polyurethane Foam Production and 

Fabrication Area Source Technology 

Review,’’ published on January 11, 

2021, ‘‘National Emission Standards for 

Hazardous Air Pollutants: Refractory 

Products Manufacturing Residual Risk 

and Technology Review’’ and ‘‘National 

Emission Standards for Hazardous Air 

Pollutants: Carbon Black Production 

Residual Risk and Technology Review,’’ 

published January 14, 2021, and 

‘‘National Emission Standards for 

Hazardous Air Pollutants: Cyanide 

Chemicals Manufacturing Residual Risk 

and Technology Review,’’ published on 

January 15, 2021, to allow additional 

time for stakeholders to review and 

comment on the proposals. 

DATES: The public comment periods for 

the proposed rules published in the 

Federal Register on January 8, 2021 (86 

FR 1362 and 86 FR 1390), originally 

ending February 22, 2021, are being 

extended. Written comments may now 

be received on or before March 24, 2021.