8418 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 

1Rule 210 also contains provisions to address 

requirements under title V of the Act 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 revision submittal from 

Maricopa County. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2020–0352; FRL–9463–01– 

R9] 

Approval of Arizona State 

Implementation Plan Revisions; 

Maricopa County Air Quality 

Department; Stationary Source 

Permits; New Source Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the Maricopa 

County Air Quality Department’s 

(MCAQD or Department) portion of the 

state implementation plan (SIP) for the 

State of Arizona. We are finalizing full 

approval of six MCAQD rules for the 

Department’s New Source Review (NSR) 

preconstruction permitting program for 

new and modified stationary sources of 

air pollution under the Clean Air Act 

(CAA or the Act). The revisions update 

the MCAQD’s NSR permitting program 

for new and modified sources of air 

pollution. 

DATES: This rule is effective on March 

17, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2020–0352. 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. 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 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. Proposed Action 

II. Public Comments and EPA Responses 

A. Exemption for Agricultural Equipment 

used in Normal Farm Operations in Rule 

200 

B. Public Hearing Requirements for Minor 

NSR Requirements in Rule 241 

C. Public Notification Requirements for 

General Permits in Rule 230 

III. Additional Developments After Notice of 

Proposed Rulemaking 

IV. EPA Action 

V. Incorporation by Reference 

VI. 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 initials BACT mean or refer to Best 

Available Control Technology. 

(iii) The word or initials CAA or Act mean 

or refer to the Clean Air Act. 

(iv) The initials CFR mean or refer to Code 

of Federal Regulations. 

(v) The initials or words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(vi) The initials FIP mean or refer to 

Federal Implementation Plan. 

(vii) The initials FR mean or refer to 

Federal Register. 

(viii) The word or initials MCAQD, County, 

Maricopa County, or Department mean or 

refer to the Maricopa County Air Quality 

Department, the agency with jurisdiction 

over stationary sources within Maricopa 

County, Arizona. 

(ix) The phrase minor NSR means the 

permit program applicable to new or 

modified sources that do not result in a new 

major source or a major modification. 

(x) The initials NAAQS mean or refer to the 

National Ambient Air Quality Standards. 

(xi) The initials NSR mean or refer to New 

Source Review, which includes NNSR, PSD 

and minor NSR. 

(xii) The initials NNSR mean or refer to 

nonattainment New Source Review. 

(xiii) The initials PM2.5 mean or refer to 

particulate matter less than 2.5 micrometers. 

(xiv) The initials PM10 mean or refer to 

particulate matter less than 10 micrometers. 

(xv) The initials PSD mean or refer to 

Prevention of Significant Deterioration. 

(xvi) The initials SIP mean or refer to State 

Implementation Plan. 

(xvii) The word State means or refers to the 

State of Arizona. 

(xviii) The initials TSD mean or refer to the 

Technical Support Document. 

I. Proposed Action 

On February 23, 2021, the EPA 

proposed to approve the rules listed in 

Table 1 for incorporation into the 

Arizona SIP. See 86 FR 10903. Although 

MCAQD Rule 230 was included in the 

December 20, 2019 SIP Submittal, and 

the EPA proposed approval in the 

February 23, 2021 action, we are 

deferring action on Rule 230 at this 

time. Therefore, except for Rule 230, the 

rules listed in Table 1 constitute the 

MCAQD’s EPA-approved 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 

* The EPA is deferring action on Rule 230 at this time. 

We proposed to approve these rules as 

part of the MCAQD’s general and major 

source NSR permitting programs 

because we determined that these rules 


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satisfy the substantive statutory and 

regulatory requirements for NSR permit 

programs as contained in (1) part C of 

title I (section 165) of the Act for 

Prevention of Significant Deterioration 

(PSD) program; (2) part D of title I 

(sections 172 and 173) of the Act for the 

nonattainment NSR program; (3) section 

110(a)(2) of the Act for the general 

permitting requirements; (4) sections 

110(l) and 193 of the Act for SIP 

revisions and the general savings clause; 

(5) the regulatory provisions in 40 CFR 

part 51, subpart I (Review of New 

Sources and Modifications) (40 CFR 

51.160–51.166); and (6) subpart P 

(Protection of Visibility) (40 CFR 

51.307). 

We also proposed to approve these 

rules because we determined that they 

address the deficiencies identified in 

our conditional approval of Rules 100 

and 200 in the EPA’s April 5, 2019 

action. See 84 FR 13543. Finally, we 

proposed that the rules listed in Table 

1 will replace the SIP-approved NSR 

program rules listed in Table 2, in their 

entirety. 

TABLE 2—MCAQD RULES TO BE REMOVED OR REPLACED

Regulation & rule No. Rule title Adoption or amendment 

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 ‘‘NonPoint 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 

‘‘Non-Point 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 

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 


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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. 3The correct adoption or amendment date for 

Rule 241 is September 7, 2016, and not February 

3, 2016 as stated in the EPA’s actions in 84 FR 

13550 (April 5, 2019), 84 FR 18396 (May 1, 2019), 

and 86 FR 10906 (February 23, 2021). 

4 ‘‘Stationary source’’ means any building, 

structure, facility, or installation which emits or 

may emit a regulated NSR pollutant. See Rule 100, 

Section 200.123, 40 CFR 51.165(a)(1)(i), and 40 CFR 

51.166(b)(5). 

5Under 40 CFR 70.2, a major source is a 

stationary source of air pollutants, as defined in 

section 302 of the Act, that directly emits, or has 

the potential to emit, 100 tpy or more of any air 

pollutant subject to regulation (including any major 

source of fugitive emissions of any such pollutant, 

as determined by rule by the Administrator). It is 

also defined as a stationary source that emits or has 

the potential to emit, in the aggregate, 10 tpy or 

more of any hazardous air pollutant which has been 

listed pursuant to section 112(b) of the Act, 25 tpy 

or more of any combination of such hazardous air 

pollutants, or such lesser quantity as the 

Administrator may establish by rule. 

6For nonattainment areas, a major NSR permit is 

required for a stationary source of air pollutants that 

emits, or has the potential to emit, 100 tons per year 

or more of any regulated NSR pollutant, except that 

lower emissions thresholds apply in areas subject 

to subpart 2, subpart 3, or subpart 4 of part D, title 

I of the CAA (e.g., since Maricopa County is a 

serious nonattainment area for PM10, an emissions 

threshold of 70 tpy applies). See Rule 240, Section 

202 and 40 CFR 51.165(a)(1)(iv)(A)(1). For 

attainment or unclassifiable areas, a major NSR 

permit is required for a stationary source of air 

pollutants, that belongs to one of the 28 source 

TABLE 2—MCAQD RULES TO BE REMOVED OR REPLACED—Continued 

Regulation & rule No. Rule title Adoption or amendment 

date SIP approval date Federal Register citation 

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).

September 7, 2016 3 .......... April 5, 2019 ...................................... 84 FR 13543 

Our TSD, which can be found in the 

docket for this rulemaking, contains a 

more detailed discusssion of the 

approval criteria and our evaluation of 

the rules in Table 1. 

II. Public Comments and EPA 

Responses 

The EPA’s February 23, 2021 

proposed rulemaking provided a 30-day 

public comment period. We received 

comments from the Arizona Center for 

Law in the Public Interest (ACLPI). The 

full text of the ACLPI’s public 

comments is available in the docket for 

this rulemaking. The EPA’s summaries 

of, and responses to, these public 

comments are as follows: 

A. Exemption for Agricultural 

Equipment Used in Normal Farm 

Operations in Rule 200 

Comment: The commenter states that 

the MCAQD has failed to identify the 

types of equipment that it considers to 

be ‘‘agricultural equipment used in 

normal farm operations’’ and that 

‘‘fugitive emissions’’ are not a type of 

‘‘activity’’ or ‘‘equipment.’’ The 

commenter states that the MCAQD’s 

exemption for agricultural equipment 

used in normal farm operations is vague 

to the point of unenforceability. The 

commenter states that this vagueness 

prevents scrutiny of whether the 

fugitive emissions are actually fugitive 

(i.e., could not reasonably pass through 

a stack, chimney, vent, or other 

functionally equivalent opening). 

Response: The EPA respectfully 

disagrees with this comment. In our 

proposed rulemaking for the June 11, 

2018 conditional approval action, the 

EPA stated that the MCAQD must 

provide a basis consistent with 40 CFR 

51.160(e) to demonstrate that regulation 

of the equipment exempted under Rule 

200, Section 305 is not needed for the 

MCAQD’s federal NSR program to meet 

requirements for attainment and 

maintenance of the NAAQS or review 

for compliance with the control strategy. 

See 83 FR 26912, 26915 (June 11, 2018). 

Among other things, we also stated that 

such demonstrations must address 

identification of the types of equipment 

that the MCAQD considers to be 

‘‘agricultural equipment used in normal 

farm operations.’’ In its December 20, 

2019 SIP Submittal, the MCAQD 

responded by explaining that it had 

revised Rule 200 to exempt only 

‘‘fugitive emissions from agricultural 

equipment used in normal farm 

operations’’ [emphasis added]. See Rule 

200, Section 305.2.i. 

The submitted revision to the 

‘‘agricultural equipment used in normal 

farm operations’’ exemption 

considerably clarifies and narrows the 

scope of the exemption. Although, as 

the commenter mentions, fugitive 

emissions are not a specific type of 

activity or equipment, we find that the 

clarification regarding the scope of the 

exemption in the rule revision that was 

provided by the MCAQD is sufficient to 

meet the requirements of our June 11, 

2018 conditional approval action and 

the CAA. As an initial matter, we note 

that, in addition to the fact that the 

exemption is now limited to fugitive 

emissions from agricultural equipment 

used in normal farm operations, the 

explicit language of the exemption 

provision clearly specifies that it does 

not apply to any equipment that would 

otherwise require a permit under Title 

V of the Act. A title V permit is required 

for any major source 4 as defined in 40 

CFR 70.2.5 A stationary source that is 

required to obtain a major NSR (PSD or 

nonattainment NSR) permit, is also 

required to obtain a title V permit.6


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categories, and which emits, or has the potential to 

emit, 100 tons per year or more of any regulated 

NSR pollutant; a major NSR permit is also required 

for a stationary source which emits, or has the 

potential to emit, 250 tons per year or more of a 

regulated NSR pollutant. See Rule 240, Section 203, 

40 CFR 51.166(b)(1)(i)(a)–(b) and 40 CFR 

52.21(b)(1)(i)(a)–(b). 7See the NSPS regulations at 40 CFR part 60, 

subparts IIII and JJJJ, and the NESHAP regulations 

40 CFR part 63, subparts ZZZZ. 

8 In reviewing the MCAQD’s minor NSR program 

under 40 CFR 51.160(e), the EPA considered it 

appropriate to exclude emissions from its NSR 

program if such emissions would be 

‘‘inconsequential to attainment or maintenance of 

the NAAQS.’’ See 86 FR 31927, 31936, footnote 21 

(June 16, 2021). This was the same standard that the 

EPA used in developing the permitting thresholds 

for its minor NSR program for Indian country. See 

76 FR 38748, 38758 (July 1, 2011). 

9The commenters reference the portion of section 

2.2(d) that requires SIP submittals to demonstrate 

‘‘that the national ambient air quality standards, 

prevention of significant deterioration increments, 

Continued 

Therefore, no major stationary source 

qualifies for the MCAQD’s ‘‘fugitive 

emissions from agricultural equipment 

used in normal farm operations’’ 

exemption (agricultural equipment 

exemption), regardless of whether any 

of its emissions units emit fugitive 

emissions. The rule is also clear that the 

exemption does not apply to any 

equipment subject to the New Source 

Performance Standards (NSPS) under 40 

CFR part 60, nor to the National 

Emission Standards for Hazardous Air 

Pollutants (NESHAP) under 40 CFR 

parts 61 and 63. Again, this is the case 

regardless of whether the emissions are 

fugitive or non-fugitive. For example, 

diesel-fired engines are commonly used 

at agricultural sources, and are subject 

to a NSPS and/or NESHAP 

requirement.7 Accordingly, such 

engines do not qualify for the 

agricultural equipment exemption. The 

EPA also notes that the MCAQD’s 

permit program only applies to 

stationary sources, therefore any mobile 

equipment, such as tractors, are already 

exempt from permit program 

requirements. Thus, the exemption is 

limited to fugitive emissions from 

agricultural equipment used in normal 

farm operations, located at minor 

stationary sources that are not subject to 

any NSPS or NESHAP. The EPA 

believes this is a sufficiently small 

universe of sources to satisfy the 

requirements of 40 CFR 51.160(e) and 

our June 11, 2018 conditional approval 

action. 

The EPA also disagrees with the 

commenter’s claim that the revision to 

Section 305.2.i is too vague to be 

enforceable. Fugitive emissions are 

defined in Rule 100, Section 200.56 as 

‘‘[a]ny emission which could not 

reasonably pass through a stack, 

chimney, vent, or other functionally 

equivalent opening.’’ This definition is 

consistent with the EPA’s regulatory 

definition of ‘‘fugitive emissions’’ for 

SIP-approved PSD and NNSR programs 

at 40 CFR 51.166(b)(20) and 

51.165(a)(1)(ix), respectively. The 

MCAQD considers this definition and 

the specific circumstances of the 

emissions-generating activity when 

implementing various NSR 

requirements and determining whether 

emissions are fugitive. In this case, the 

MCAQD can determine if the emissions 

from agricultural equipment are 

fugitive, and thus qualify for the 

exemption, before they address whether 

they are used in ‘‘normal farm 

operations.’’ Under the federal NSR 

permitting program, fugitive emissions 

need not be considered when 

determining permit requirements, 

unless the source is one of the 

categorical sources identified. See Rule 

100, Section 200.28; 40 CFR 

51.165(a)(1)(iv)(C) and 51.166(b)(1)(iii). 

Therefore, we disagree with the 

commenter that the MCAQD’s 

exemption prevents scrutiny of whether 

potentially exempt emissions are, in 

fact, fugitive emissions. We also note 

that the MCAQD’s SIP-approved minor 

NSR program already exempts fugitive 

emissions from permit requirements for 

a minor source that doesn’t belong to 

one of the categorical sources under 

Rule 100, Section 200.28. See 84 FR 

13543 (April 5, 2019) and 84 FR 18392 

(May 1, 2019). 

In sum, while the revised exemption 

does not specifically define 

‘‘agricultural equipment used in normal 

farm operations,’’ we have determined 

that the revision clarifies and narrows 

how the exemption is used and 

addresses the concerns in our 

conditional approval regarding the need 

for additional clarification regarding 

this exemption. 

Comment: The commenter stated that 

the MCAQD still provides no basis for 

determining that fugitive emissions 

from ‘‘agricultural equipment used in 

normal farm operations’’ do not need to 

be regulated as part of the MCAQD’s 

minor NSR program under 40 CFR 

51.160(e). The commenter stated that 

although the EPA compared the 

MCAQD’s exemption to a similarly 

worded exemption in the State 

regulations implemented by the ADEQ, 

the ADEQ’s regulation suffers from the 

same problem. The commenter stated 

that, as with the ADEQ’s exemption, the 

MCAQD’s exemption violates CAA 

section 110(l) and Appendix V, sections 

2.2(d) and 2.2(e). 

Response: The EPA respectfully 

disagrees with this comment. The 

MCAQD’s December 20, 2019 SIP 

Submittal provides a rationale and basis 

for the exemption of certain agricultural 

equipment used in normal farm 

operations under 40 CFR 51.160(e). See 

December 20, 2019 MCAQD Submittal 

at 12–14. This information, in addition 

to other available information, 

demonstrates that the MCAQD 

reasonably concluded that the 

exemption of fugitive emissions from 

agricultural equipment used in normal 

farm operations is inconsequential to 

attainment and maintenance of the 

NAAQS.8

As discussed in the EPA’s response to 

the previous comment, the exemption in 

Rule 200, Section 305.2.i for agricultural 

equipment used in normal farm 

operations only applies to fugitive 

emissions, is only available to minor 

sources, and is not available for sources 

subject to an NSPS or NESHAP. 

Additionally, the MCAQD’s SIPapproved minor NSR program already 

exempts fugitive emissions from permit 

requirements for a minor source that 

doesn’t belong to one of the categorical 

sources under Rule 100, Section 200.28. 

See 84 FR 13543 (April 5, 2019) and 84 

FR 18392 (May 1, 2019). 

Thus, there is sufficient evidence that 

the exemption for fugitive emissions 

from agricultural equipment used in 

normal farm operations is available only 

to a very narrow group of minor sources. 

Such emissions are already exempt from 

regulation under NSR, or they come 

from stationary equipment such as 

boilers or engines, which are subject to 

the NSPS and thus do not qualify for the 

exemption in Rule 200, Section 305. We 

therefore find the MCAQD’s exemption 

for fugitive emissions from agricultural 

equipment used in normal farm 

operations to be reasonable under 40 

CFR 51.160(e). 

The commenters also indicate that the 

EPA’s approval of the MCAQD’s 2019 

NSR Submittal conflicts with the 

requirement in CAA section 110(l) that 

the EPA ‘‘shall not approve a revision of 

a plan if the revision would interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress . . . or any other 

applicable requirement of this chapter.’’ 

For the reasons stated in this document 

and in our proposal, we continue to find 

that this action strengthens the overall 

SIP and does not relax or otherwise 

interfere with any SIP requirements 

related to attaining the NAAQS in 

Maricopa County, Arizona. 

The commenters make the related 

argument that the MCAQD’s SIP 

revision does not satisfy section 2.2(d) 

of Appendix V to 40 CFR part 51.9 As 


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reasonable further progress demonstration, and 

visibility, as applicable, are protected if the plan is 

approved and implemented.’’ See 40 CFR part 51, 

Appendix V, section 2.2(d). 

10Further, to the extent the commenter has raised 

concerns about the regulation of air pollution 

sources located in Pinal County, the commenter has 

not explained how those concerns are relevant to 

this rulemaking action, which pertains specifically 

to the MCAQD’s NSR program, which applies only 

in Maricopa County. 

described above, the MCAQD’s 2019 

NSR Submittal contains sufficient 

information to support our conclusion 

that the MCAQD’s NSR program meets 

the requirements of the CAA and its 

implementing regulations and will not 

interfere with attainment or 

maintenance of the NAAQS. 

Lastly, in response to the commenter’s 

argument that the MCAQD should have 

included a modeling demonstration to 

meet the requirements of section 2.2(e) 

of Appendix V to 40 CFR part 51, the 

commenters have not accurately 

characterized these requirements. We do 

not interpret section 2.2(e) of Appendix 

V to require that every SIP submittal 

contain a modeling demonstration, as 

implied by the commenters. Instead, 

when a modeling demonstration is 

necessary and is therefore included in a 

submittal to support the SIP revision, 

then the submittal must also contain the 

underlying modeling information 

outlined in section 2.2(e). We find that 

section 2.2(e) of Appendix V is not 

applicable to the MCAQD’s NSR 

Submittal because modeling was not 

used to support this SIP revision nor 

was a modeling demonstration required 

in this instance. 

For the reasons discussed above, we 

find that the MCAQD reasonably 

concluded that the exemption of 

‘‘fugitive emissions from agricultural 

equipment used in normal farm 

operations’’ from its minor NSR 

program will not interfere with 

attainment or maintenance of the 

NAAQS, consistent with 40 CFR 

51.160(e). Because the exemption will 

not interfere with attainment or 

maintenance of the NAAQS, or interfere 

with the overall control strategy, it is 

consistent with CAA section 110(l) and 

section 2.2(d) of Appendix V to 40 CFR 

part 51. 

Comment: The commenter stated that, 

while fugitive dust emissions from farm 

operations are primarily addressed 

through Arizona’s Ag BMP general 

permit program, experience with the Ag 

BMP program in both Maricopa County 

and Pinal County has demonstrated that 

it is inadequate to ensure compliance 

with the PM10 NAAQS. The commenter 

further stated that both the MCAQD and 

ADEQ PM10 nonattainment areas 

continue to violate the NAAQS decades 

after the Ag BMP program was adopted 

and agricultural emissions are a key 

contributor. The commenter also noted 

that the EPA proposed a limited 

approval and limited disapproval of 

Arizona’s Ag BMP statute and 

regulations for Arizona on February 26, 

2021. The commenter indicated that in 

light of these concerns, the EPA must 

disapprove the MCAQD’s exemption for 

‘‘agricultural equipment used in normal 

farm operations.’’ 

Response: The EPA respectfully 

disagrees that it must disapprove the 

MCAQD’s exemption for ‘‘agricultural 

equipment used in normal farm 

operations’’ based on the commenter’s 

concerns about Arizona’s Ag BMP 

program. As discussed in detail in our 

responses above, we find that the 

MCAQD’s exemption from NSR review 

of a narrow subset of minor agricultural 

sources with fugitive emissions through 

its exemption for ‘‘fugitive emissions 

from agricultural equipment used in 

normal farm operations’’ is reasonable. 

The EPA is not evaluating, updating, or 

relying on the existing EPA-approved 

Ag BMP program rules in the Arizona 

SIP as part of this rulemaking.10 We 

understand that the ADEQ submitted 

revisions to the Arizona SIP to update 

the Ag BMP rules; however, those 

revisions are not part of our NSR 

rulemaking action. 

B. Public Hearing Requirements for 

Minor NSR Requirements in Rule 241 

Comment: The commenter stated that 

the MCAQD revised Rule 241, Section 

310 by deleting public hearing 

requirements and stated that the revised 

provision provides that the public 

notice requirements in Rules 210 and/or 

220 shall be required if the emissions of 

any one pollutant is equal to or greater 

than the public notice thresholds as 

defined in Rule 100. The commenter 

further noted that the EPA stated that 

the same or similar language that was 

deleted from Rule 241, Section 310 was 

contained in portions of Rules 210 and 

220, and that therefore the change was 

consistent with the requirements of 40 

CFR 51.161(a), and the EPA’s 

regulations at 40 CFR 51.160–164. The 

commenter then states that Rule 210, 

Sections 408.4.g and 408.5, and Rule 

220, Sections 407.5 and 407.7 contain 

more than just public notice 

requirements, but also contain 

requirements to accept public comments 

and hold a hearing upon request. The 

commenter concluded by asserting that 

Rule 241, Section 310 should be 

amended to clarify that it incorporates 

all of the public participation 

requirements in Rules 210 and 220. 

Response: The EPA respectfully 

disagrees with the commenter that Rule 

241, Section 310 should be amended to 

make the suggested clarification. Rule 

241, Section 310 states that ‘‘Public 

notice requirements pursuant to Rules 

210 and or 220 of these rules shall be 

required for a permit or permit revision 

if . . .’’ emissions are equal to or greater 

than the public notice thresholds in 

Rule 100. The public notice 

requirements contained in Rules 210 

and 220 are found in Sections 408 and 

407, respectively, which are titled 

‘‘PUBLIC PARTICIPATION.’’ Critically, 

the public hearing requirements of those 

rules contain public notice 

requirements, such as the requirement 

to publish a notice at least two times in 

a newspaper of general circulation to 

ensure adequate notice to the affected 

public. The requirement to accept 

public comments is also linked to the 

requirement to provide public notice in 

both rules, such as the requirement to 

allow at least 30 days for public 

comment following public notice of the 

comment period. While we agree that it 

would be clearer if Rule 241, Section 

310 stated that the ‘‘public 

participation’’ rather than the ‘‘public 

notice’’ requirements of Rules 210 and/ 

or 220 must be met, we believe it is 

sufficiently clear that all of the public 

participation requirements in Rule 210, 

Section 408 and Rule 220, Section 407 

are applicable if emissions are equal to 

or greater than the public notice 

thresholds in Rule 100. Therefore, we 

continue to find that the revisions to 

Rule 241, Section 310 are acceptable 

and consistent with the requirements of 

the Act and its implementing 

regulations. 

C. Public Notification Requirements for 

General Permits in Rule 230 

The commenter also provided 

comments regarding our proposed 

approval of Rule 230 into the MCAQD 

portion of the Arizona SIP. The EPA is 

deferring final action on Rule 230 at this 

time. Therefore, the EPA is not 

addressing these comments as part of 

this final action. 

III. Additional Developments After 

Notice of Proposed Rulemaking 

On January 29, 2021, the U.S. Court 

of Appeals for the District of Columbia 

Circuit issued its opinion in Sierra Club 

v. EPA (Case No. 15–1465), granting in 

part and denying in part petitions for 

review of four provisions of the 2015 

and 2018 ozone NAAQS 

implementation rules. Among other 

things, the court vacated the provisions 


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11 62 FR 27968 (May 22, 1997). 

of the rule allowing interprecursor 

trading of ozone precursors (See 2018 

Implementation Rule, 83 FR 62998, 

63016–63021). The court’s judgment 

became final and effective on March 23, 

2021, when the court issued its 

mandate. In response to this, on June 10, 

2021, the ADEQ withdrew the 

provisions in Rule 240, Section 

304.4.e.(1) for interpollutant offsetting 

from the NNSR requirements of the rule. 

The EPA finds this withdrawal 

acceptable, given the court’s vacatur of 

these provisions in the EPA’s 

regulations. Accordingly, this provision 

will not be included in the version of 

Rule 240 incorporated into the Maricopa 

County portion of the Arizona SIP. 

We note that the EPA recently 

adopted a rule known as the NSR Error 

Corrections Rule, effective August 18, 

2021, which corrected minor, 

inadvertent, and non-substantive errors 

in 40 CFR parts 51 and 52, which 

govern NSR permitting programs, and 

updated the regulatory text to reflect 

statutory changes and certain court 

decisions vacating elements of the 

regulatory text, but did not change the 

requirements within these programs. 

See 86 FR 37918 (July 19, 2021). States 

have discretion as to when to make the 

changes indicated in this rulemaking 

and may choose to combine them with 

other SIP submittals. See 86 FR 37918, 

37923–37924. Accordingly, this recent 

rulemaking does not affect our final 

action. 

IV. EPA Action 

No comments were submitted that 

change our assessment that the 

MCAQD’s Rules 100, 200, 210, 220, 240, 

and 241 satisfy the applicable CAA 

requirements, nor were any comments 

submitted that change our assessment 

that certain MCAQD rules should be 

removed from the Arizona SIP. As 

discussed above, we are deferring action 

on Rule 230 at this time. Therefore, as 

authorized under CAA sections 

110(k)(3) and 301(a), and for the reasons 

set forth in our February 23, 2021 

proposed rule, we are finalizing full 

approval of submitted Rules 100, 200, 

210, 220, 240 (except Section 

304.4.e.(1)), and 241, in the MCAQD 

portion of the Arizona SIP. We are also 

removing from the MCAQD portion of 

the Arizona SIP the rules identified in 

Table 2. 

This action incorporates Rules 100, 

200, 210, 220, 240 (except Section 

304.4.e.(1)), and 241 into the federally 

enforceable SIP through revisions to 40 

CFR 52.120 (Identification of plan). We 

are amending 40 CFR 52.119(b) 

(Identification of plan—conditional 

approvals) to remove the conditional 

approval of Rules 100 and 200 since the 

MCAQD’s December 20, 2019 Submittal 

addressed the deficiencies identified by 

the EPA, and we are now fully 

approving Rules 100 and 200. We are 

amending the PSD FIP requirements in 

40 CFR 52.144 (Significant deterioration 

of air quality) since we are approving 

the PSD program provisions in Rule 240 

into the MCAQD portion of the Arizona 

SIP. We are also amending the visibility 

FIP in 40 CFR 52.145(b) (Visibility 

protection) since we have determined 

that the MCAQD’s NNSR and PSD 

programs comply with the visibility 

requirements in 40 CFR 51.307. 

V. 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 Table 1 of 

this preamble, with the exception of 

Rule 230. The EPA has made, and will 

continue to make, these materials 

available through https://

www.regulations.gov and in hard copy 

at the EPA Region IX office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the Arizona SIP, have been incorporated 

by reference by the EPA into that plan, 

are 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.11

Also in this document, as described in 

the amendments to 40 CFR part 52 set 

forth below, the EPA is removing 

provisions from the EPA-approved rules 

for the ADEQ portion of the Arizona 

SIP, which is incorporated by reference 

in accordance with the requirements of 

1 CFR part 51. 

VI. 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); 

• 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 


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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 [Insert date 60 

days after date of publication in the 

Federal Register]. 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 CAA 

section 307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur dioxide, Volatile 

organic compounds. 

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

Dated: February 3, 2022. 

Martha Guzman Aceves, 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart D—Arizona 

§ 52.119 [Amended] 

■ 2. In § 52.119, remove and reserve 

paragraph (b). 

■ 3. In § 52.120, revise table 4 in 

paragraph (c) to read as follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 4 TO PARAGRAPH (c)—EPA-APPROVED MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS

County citation Title/subject State effective date EPA approval date Additional explanation 

Pre-July 1988 Rule Codification 

Regulation II—Permits 

Rule 22 (paragraphs A, 

C, D, F, G, and H).

Permit Denial-Action-Transfer-ExpirationPosting-Revocation-Compliance.August 12, 1971 ...... July 27, 1972, 37 FR 

15080.

Paragraphs B and E have been superseded. 

Rule 27 ........................... Performance tests ..................................... June 23, 1980 ......... April 12, 1982, 47 FR 

15579.

Submitted on June 23, 1980. 

Rule 28 ........................... Permit Fees ............................................... March 8, 1982 ......... June 18, 1982, 47 FR 

26382.

Submitted on March 8, 1982. 

Regulation III—Control of Air Contaminants 

Rule 32, Paragraph G .... Other Industries ......................................... October 1, 1975 ...... April 12, 1982, 47 FR 

15579.

Paragraph G of Rule 32 (‘‘Odors and 

Gaseous Emissions’’) is titled ‘‘Other Industries.’’ Submitted on June 23, 1980. 

Rule 32, Paragraph H ..... Fuel Burning Equipment for Producing 

Electric Power (Sulfur Dioxide).

October 1, 1975 ...... April 12, 1982, 47 FR 

15579.

Paragraph H of Rule 32 (‘‘Odors and 

Gaseous Emissions’’) is titled ‘‘Fuel 

Burning Equipment for Producing Electric Power (Sulfur Dioxide).’’ Submitted 

on June 23, 1980. 

Rule 32, Paragraph J ..... Operating Requirements for an Asphalt 

Kettle.

June 23, 1980 ......... April 12, 1982, 47 FR 

15579.

Paragraph J of Rule 32 (‘‘Odors and Gaseous Emissions’’) is titled ‘‘Operating 

Requirements for an Asphalt Kettle.’’ 

Submitted on June 23, 1980. 

Rule 32, Paragraph K ..... Emissions of Carbon Monoxide ................ June 23, 1980 ......... April 12, 1982, 47 FR 

15579.

Paragraph K of Rule 32 (‘‘Odors and 

Gaseous Emissions’’) is titled ‘‘Emissions of Carbon Monoxide.’’ Submitted 

on June 23, 1980. 

Rule 32 (Paragraphs A 

through F only).

Odors and Gaseous Emissions ................ August 12, 1971 ...... July 27, 1972, 37 FR 

15080.

Paragraph G was superseded by approval of paragraph J of amended Rule 

32. Submitted on May 26, 1972. 

Rule 35 ........................... Incinerators ................................................ August 12, 1971 ...... July 27, 1972, 37 FR 

15080.

Superseded by approval of Maricopa 

Rule 313 published on September 25, 

2014, except for Hospital/Medical/Infectious Waste Incinerators. Submitted on 

May 26, 1972. 

Regulation IV—Production of Records; Monitoring; Testing and Sampling Facilities 

Rule 41, paragraph A ..... Monitoring .................................................. August 12, 1971 ...... July 27, 1972, 37 FR 

15080.

Submitted on May 26, 1972. 

Rule 41, paragraph B ..... Monitoring .................................................. October 2, 1978 ...... April 12, 1982, 47 FR

15579.

Submitted on January 18, 1979. 

Rule 42 ........................... Testing and Sampling ............................... August 12, 1971 ...... July 27, 1972, 37 FR 

15080.

Submitted on May 26, 1972. 


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TABLE 4 TO PARAGRAPH (c)—EPA-APPROVED MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS—Continued 

County citation Title/subject State effective date EPA approval date Additional explanation 

Regulation VII—Emergency Procedures 

Rule 74, paragraph C ..... Public Notification ...................................... June 23, 1980 ......... April 12, 1982, 47 FR 

15579.

Submitted on June 23, 1980. Paragraphs 

A, B, and D superseded by approval of 

Rule 510 published on November 9, 

2009. 

Regulation VIII—Validity and Operation 

Rule 81 ........................... Operation ................................................... August 12, 1971 ...... July 27, 1972, 37 FR 

15080.

Submitted on May 26, 1972. 

Post-July 1988 Rule Codification 

Regulation I—General Provisions 

Rule 100 ......................... General Provisions and Definitions ........... December 11, 2019 February 15, 2022, [INSERT FEDERAL 

REGISTER CITATION].

Submitted on December 20, 2019. 

Rule 140 ......................... Excess Emissions ..................................... Revised September 

5, 2001.

August 27, 2002, 67 FR 

54957.

Submitted on February 22, 2002. 

Regulation II—Permits and Fees 

Rule 200 ......................... Permit Requirements ................................ December 11, 2019 February 15, 2022, [INSERT FEDERAL 

REGISTER CITATION].

Submitted on December 20, 2019. 

Rule 210 ......................... Title V Permit Provisions ........................... December 11, 2019 February 15, 2022, [INSERT FEDERAL 

REGISTER CITATION].

Submitted on December 20, 2019. 

Rule 220 ......................... Non-Title V Permit Provisions ................... December 11, 2019 February 15, 2022, [INSERT FEDERAL 

REGISTER CITATION].

Submitted on December 20, 2019. 

Rule 240 (except Section 

304.4.e.(1)).

Federal Major New Source Review (NSR) December 11, 2019 February 15, 2022, [INSERT FEDERAL 

REGISTER CITATION].

Submitted on December 20, 2019. 

Rule 241 ......................... Minor New Source Review (NSR) ............ December 11, 2019 February 15, 2022, [INSERT FEDERAL 

REGISTER CITATION].

Submitted on December 20, 2019. 

Rule 242 ......................... Emissions Offsets Generated by the Voluntary Paving of Unpaved Roads.June 20, 2007 ......... August 6, 2007, 72 FR 

43538.

Submitted on July 5, 2007. 

Regulation III—Control of Air Contaminants 

Rule 300 ......................... Visible Emissions ...................................... March 12, 2008 ....... July 28, 2010, 75 FR 

44141.

Submitted on July 10, 2008. 

Rule 310 ......................... Fugitive Dust From Dust-Generating Operations.January 27, 2010 .... December 15, 2010, 75 

FR 78167.

Submitted on April 12, 2010. Cites appendices C and F, which are listed separately in this table. 

Rule 310.01 .................... Fugitive Dust From Non-Traditional 

Sources of Fugitive Dust.

January 27, 2010 .... December 15, 2010, 75 

FR 78167.

Submitted on April 12, 2010. Cites appendix C, which is listed separately in this 

table. 

Rule 311 ......................... Particulate matter from process industries August 2, 1993 ........ April 10, 1995, 60 FR 

18010. Vacated by 

Ober decision. Restored August 4, 1997, 

62 FR 41856.

Submitted on March 3, 1994. 

Rule 312 ......................... Abrasive Blasting ...................................... July 13, 1988 ........... January 4, 2001, 66 FR 

730.

Submitted on January 4, 1990. 

Rule 313 ......................... Incinerators, Burn-Off Ovens and 

Crematories.

May 9, 2012 ............ September 25, 2014, 79 

FR 57445.

Submitted on August 27, 2012. 

Rule 314 ......................... Open Outdoor Fires and Indoor Fireplaces at Commercial and Institutional 

Establishments.

March 12, 2008 ....... November 9, 2009, 74 

FR 57612.

Submitted on July 10, 2008. 

Rule 316 ......................... Nonmetallic Mineral Processing ................ November 7, 2018 .. 7/15/2020, 85 FR 42726 Submitted on November 19, 2018. 

Rule 318 ......................... Approval of Residential Woodburning Devices.April 21, 1999 .......... November 8, 1999, 64 

FR 60678.

Submitted on August 4, 1999. 

Rule 322 ......................... Power Plant Operations ............................ October 17, 2007 .... October 14, 2009, 74 FR 

52693.

Submitted on January 9, 2008. 

Rule 323 ......................... Fuel Burning Equipment from Industrial/ 

Commercial/Institutional (ICI) Sources.

November 2, 2016 .. July 20, 2020, 85 FR 

43692.

Submitted on June 22, 2017. 

Rule 324 ......................... Stationary Reciprocating Internal Combustion Engines (RICE).November 2, 2016 .. July 20, 2020, 85 FR 

43692.

Submitted on June 22, 2017. 

Rule 331 ......................... Solvent Cleaning ....................................... April 21, 2004 .......... December 21, 2004, 69 

FR 76417.

Submitted on July 28, 2004. 

Rule 333 ......................... Petroleum Solvent Dry Cleaning ............... June 19, 1996 ......... February 9, 1998, 63 FR 

6489.

Submitted on February 26, 1997. 

Rule 335 ......................... Architectural Coatings ............................... July 13, 1988 ........... January 6, 1992, 57 FR 

354.

Submitted on January 4, 1990. 

Rule 336 ......................... Surface Coating Operations ...................... November 2, 2016 .. January 7, 2021, 86 FR 

971.

Submitted on June 22, 2017. 


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TABLE 4 TO PARAGRAPH (c)—EPA-APPROVED MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS—Continued 

County citation Title/subject State effective date EPA approval date Additional explanation 

Rule 337 ......................... Graphic Arts .............................................. August 17, 2011 ...... August 27, 2019, 84 FR 

44701.

Submitted on January 15, 2014. 

Rule 338 ......................... Semiconductor Manufacturing .................. June 19, 1996 ......... February 9, 1998, 63 FR 

6489.

Submitted on February 26, 1997. 

Rule 340 ......................... Cutback and Emulsified Asphalt ............... September 21, 1992 February 1, 1996, 61 FR 

3578.

Submitted on November 13, 1992. 

Rule 341 ......................... Metal Casting ............................................ August 5, 1994 ........ February 12, 1996, 61 

FR 5287.

Submitted on August 16, 1994. 

Rule 342 ......................... Coating Wood Furniture and Fixtures ....... November 2, 2016 .. August 27, 2019, 84 FR 

44701.

Submitted on June 22, 2017. 

Rule 343 ......................... Commercial Bread Bakeries ..................... February 15, 1995 ... March 17, 1997, 62 FR 

12544.

Submitted on August 31, 1995. 

Rule 344 ......................... Automobile Windshield Washer Fluid ....... April 7, 1999 ............ November 30, 2001, 66 

FR 59699.

Submitted on August 4, 1999. 

Rule 346 ......................... Coating Wood Millwork ............................. November 20, 1996 February 9, 1998, 63 FR 

6489.

Submitted on March 4, 1997. 

Rule 347 ......................... Ferrous Sand Casting ............................... March 4, 1998 ......... June 12, 2000, 65 FR 

36788.

Submitted on August 4, 1999. 

Rule 348 ......................... Aerospace Manufacturing and Rework 

Operations.

April 7, 1999 ............ September 20, 1999, 64 

FR 50759.

Submitted on August 4, 1999. 

Rule 349 ......................... Pharmaceutical, Cosmetic, and Vitamin 

Manufacturing Operations.

April 7, 1999 ............ June 8, 2001, 66 FR 

30815.

Submitted on August 4, 1999. 

Rule 350 ......................... Storage and Transfer of Organic Liquids 

(Non-Gasoline) at an Organic Liquid 

Distribution Facility.

11/02/2016 .............. 2/26/2020, 85 FR 10986 Submitted on June 22, 2017. 

Rule 351 ......................... Storage and Loading of Gasoline at Bulk 

Gasoline Plants and Bulk Gasoline Terminals.

11/02/2016 .............. 2/26/2020, 85 FR 10986 Submitted on June 22, 2017. 

Rule 352 ......................... Gasoline Cargo Tank Testing and Use .... 11/02/2016 .............. 2/26/2020, 85 FR 10986 Submitted on June 22, 2017. 

Rule 353 ......................... Storage and Loading of Gasoline at Gasoline Dispensing Facilities.11/02/2016 .............. 2/26/2020, 85 FR 10986 Submitted on June 22, 2017. 

Rule 358 ......................... Polystyrene Foam Operations .................. April 20, 2005 .......... May 26, 2005, 70 FR 

30370.

Submitted on April 25, 2005. 

Regulation V—Air Quality Standards and Area Classification 

Rule 510 ......................... Air Quality Standards ................................ 12/11/2019 .............. 10/4/2021, 86 FR 54628 The December 11, 2019 version of Rule 

510 replaces the version that was 

adopted on November 1, 2006 (74 FR 

57612). 

Regulation VI—Emergency Episodes 

Rule 600 ......................... Emergency Episodes ................................ July 13, 1988 ........... March 18, 1999, 64 FR 

13351.

Submitted on January 4, 1990. 

Appendices to Maricopa County Air Pollution Control Rules and Regulations 

Appendix C ..................... Fugitive Dust Test Methods ...................... March 26, 2008 ....... December 15, 2010, 75 

FR 78167.

Cited in Rules 310 and 310.01. Submitted 

on July 10, 2008. 

Appendix F ...................... Soil Designations ...................................... April 7, 2004 ............ August 21, 2007, 72 FR 

46564.

Cited in Rule 310. Submitted on October 

7, 2005. 

† Vacated by the U.S. Court of Appeals for the Ninth Circuit in Delaney v. EPA, 898 F.2d 687 (9th Cir. 1990). Restored by document published January 29, 1991. 

* * * * * 

■ 4. Revise § 52.144 to read as follows: 

§ 52.144 Significant deterioration of air 

quality. 

(a) The requirements of sections 160 

through 165 of the Clean Act are not 

met, since the plan as it applies to 

stationary sources under the jurisdiction 

of the Pima County Health Department, 

and stationary sources locating on any 

Indian reservation lands, and any other 

area of Indian country where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction, located within the 

State of Arizona, does not include 

approvable procedures for preventing 

the significant deterioration of air 

quality. 

(b) Regulation for preventing 

significant deterioration of air quality. 

The provisions of § 52.21 except 

paragraph (a)(1) of this section are 

hereby incorporated and made a part of 

the applicable State plan for the State of 

Arizona for those portions applicable to 

the Pima County Health Department, 

and to any Indian reservation lands, and 

any other area of Indian country where 

the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction, located within the State of 

Arizona. 

(c) The requirements of sections 160 

through 165 of the Clean Air Act are met 

as they apply to stationary sources 

under the jurisdiction of the Arizona 

Department of Environmental Quality 

(ADEQ) and the Maricopa County Air 

Quality Department (MCAQD), except 

with respect to emissions of greenhouse 

gases (GHGs) (as defined in 

§ 52.21(b)(49)(i)). Therefore, the 

provisions of § 52.21, except paragraph 

(a)(1) of this section, for GHGs are 

hereby made a part of the plan for 

stationary sources under the jurisdiction 

of the ADEQ and the MCAQD as it 

applies to the stationary sources 

described in § 52.21(b)(49)(iv). 

■ 5. In § 52.145, revise paragraph (b) to 

read as follows: 

§ 52.145 Visibility protection. 

* * * * * 

(b) Regulations for visibility new 

source review. The provisions of § 52.28 

are hereby incorporated and made part 

of the applicable plan for the State of 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 8427 

Arizona only for those stationary 

sources under the permitting 

jurisdiction of the Pima County 

Department of Environmental Quality. 

The provisions of § 52.28 also remain 

the applicable plan for any Indian 

reservation lands, and any other area of 

Indian country where the EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction, located within the 

State of Arizona. 

* * * * * 

[FR Doc. 2022–02773 Filed 2–14–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

43 CFR Part 2 

[DOI–2021–0014; 223D0102DM, 

DS65100000, DLSN00000, DX.65103] 

RIN 1090–AB15 

Privacy Act Regulations; Exemption 

for the Insider Threat Program 

AGENCY: Office of the Secretary, Interior. 

ACTION: Final rule. 

SUMMARY: The Department of the 

Interior (DOI) is issuing a final rule to 

amend its regulations to exempt certain 

records in the INTERIOR/DOI–50, 

Insider Threat Program, system of 

records from one or more provisions of 

the Privacy Act of 1974 because of 

criminal, civil, and administrative law 

enforcement requirements. 

DATES: The final rule is effective 

February 15, 2022. 

FOR FURTHER INFORMATION CONTACT: Teri 

Barnett, Departmental Privacy Officer, 

U.S. Department of the Interior, 1849 C 

Street NW, Room 7112, Washington, DC 

20240, DOI_Privacy@ios.doi.gov or (202) 

208–1605. 

SUPPLEMENTARY INFORMATION: 

Background 

DOI published a notice of proposed 

rulemaking (NPRM) in the Federal 

Register at 86 FR 51645 (September 16, 

2021) proposing to exempt portions of 

the INTERIOR/DOI–50, Insider Threat 

Program, system of records from certain 

provisions of the Privacy Act pursuant 

to 5 U.S.C. 552a(k)(1) and (k)(5) due to 

criminal, civil, and administrative law 

enforcement requirements. DOI 

published a system of records notice 

(SORN) for INTERIOR/DOI–50, Insider 

Threat Program, in the Federal Register 

at 86 FR 48753 (August 31, 2021). 

Comments were invited on both the 

INTERIOR/DOI–50, Insider Threat 

Program, SORN and NPRM. DOI 

received no comments on the SORN and 

six comments on the NPRM that were 

not relevant or did not result in a 

change to the rulemaking. The 

rulemaking will be implemented as 

proposed with a correction to the 

redesignated paragraph (e). 

DOI previously published a final rule 

for INTERIOR/DOI–46, Physical 

Security Access Files, in the Federal 

Register at 86 FR 49927 (September 7, 

2021) to add new and redesignated 

paragraphs for DOI Privacy Act 

exemptions at 43 CFR 2.254. In that 

rulemaking, a new paragraph (b) was 

reserved for exemptions claimed under 

5 U.S.C. 552a(k)(1) as indicated in the 

published NPRM for the INTERIOR/ 

DOI–50, Insider Threat Program, system 

of records. Paragraph (c) for 

investigatory records exempt under 5 

U.S.C. 552a(k)(5) was redesignated to 

paragraph (e) to allow for a new 

paragraph (d) for exemptions claimed 

under 5 U.S.C. 552(k)(3) related to 

records maintained in connection with 

providing protective services. 

The NPRM for the INTERIOR/DOI–50, 

Insider Threat Program, system of 

records described the new reserved 

paragraph (b) and new redesignated 

paragraph (e) for the proposed 

exemptions claimed under 5 U.S.C. 

552a(k)(1) and (k)(5). However, the 

proposed redesignation of paragraph (e) 

was inadvertently changed during the 

publication process for the NPRM, 

which resulted in an incorrect reference 

to paragraph (c) for investigatory records 

exempt under 5 U.S.C. 552a(k)(5). This 

final rule corrects the redesignation of 

paragraph (e) and addresses a formatting 

error that occurred during publication of 

the final rule for INTERIOR/DOI–46, 

Physical Security Access Files, that 

resulted in the erroneous addition of a 

paragraph (f) instead of the appropriate 

reference to subsection (f) of the Privacy 

Act. 

Procedural Requirements 

1. Regulatory Planning and Review (E.O. 

12866 and E.O. 13563) 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs in the Office of Management and 

Budget will review all significant rules. 

The Office of Information and 

Regulatory Affairs has determined that 

this rule is not significant. 

Executive Order 13563 reaffirms the 

principles of Executive Order 12866 

while calling for improvements in the 

nation’s regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. The 

executive order directs agencies to 

consider regulatory approaches that 

reduce burdens and maintain flexibility 

and freedom of choice for the public 

where these approaches are relevant, 

feasible, and consistent with regulatory 

objectives. Executive Order 13563 

emphasizes further that regulations 

must be based on the best available 

science and that the rulemaking process 

must allow for public participation and 

an open exchange of ideas. We have 

developed this rule in a manner 

consistent with these requirements. 

2. Regulatory Flexibility Act 

The Department of the Interior 

certifies that this document will not 

have a significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601, et seq.). This rule does not 

impose a requirement for small 

businesses to report or keep records on 

any of the requirements contained in 

this rule. The exemptions to the Privacy 

Act apply to individuals, and 

individuals are not covered entities 

under the Regulatory Flexibility Act. 

3. Small Business Regulatory 

Enforcement Fairness Act (SBREFA) 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: 

(a) Does not have an annual effect on 

the economy of $100 million or more. 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

(c) Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of United States-based 

enterprises to compete with foreignbased enterprises. 

4. Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

tribal governments in the aggregate, or 

on the private sector, of more than $100 

million per year. The rule does not have 

a significant or unique effect on State, 

local, or tribal governments or the 

private sector. This rule makes only 

minor changes to 43 CFR part 2. A 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1531 et seq.) is not 

required. 

5. Takings (E.O. 12630) 

In accordance with Executive Order 

12630, the rule does not have significant 

takings implications. This rule makes 


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