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[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Rules and Regulations]
[Pages 97543-97545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28537]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2023-0603; FRL-11596-02-R9]

Air Plan Revisions; Arizona; Maricopa County Air Quality 
Department

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the Maricopa County Air Quality 
Department (MCAQD or ``County'') portion of the Arizona State 
Implementation Plan (SIP). These revisions concern emissions of 
volatile organic compounds (VOC) from storage, transfer, or loading of 
organic liquids and gasoline. We are approving local rules that 
regulate these emission sources under the Clean Air Act (CAA or the 
Act). We are also approving the MCAQD's reasonably available control 
technology (RACT) demonstration associated with these rules for the 
2008 8-hour ozone national ambient air quality standards (NAAQS) in the 
Phoenix-Mesa ozone nonattainment area.

DATES: This rule is effective January 8, 2025.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2023-0603. 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 a 
disability 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: Kira Wiesinger, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105; phone: (415) 972-3827; email: 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On August 19, 2024 (89 FR 67014), the EPA proposed to approve the 
following rules into the Arizona SIP.

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             Local agency               Rule No.               Rule title                 Revised     Submitted
----------------------------------------------------------------------------------------------------------------
MCAQD................................        350  Storage and Transfer of Organic        11/18/2020   12/03/2020
                                                   Liquids (Non-Gasoline) at an
                                                   Organic Liquid Distribution (OLD)
                                                   Facility.
MCAQD................................        351  Storage and Loading of Gasoline at     11/18/2020   12/03/2020
                                                   Bulk Gasoline Plants and at Bulk
                                                   Gasoline Terminals.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rules because we determined that they 
comply with the relevant CAA requirements. We also proposed to approve 
the MCAQD's RACT demonstration associated with these rules for the 2008 
8-hour ozone NAAQS. Additionally, we proposed that the revised rules 
corrected the deficiencies identified in our previous conditional 
approval (85 FR 10986, February 26, 2020). Our proposed action contains 
more information on the rules and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments.

III. EPA Action

    No comments were submitted. Therefore, as authorized in section 
110(k)(3) of the Act, the EPA is approving MCAQD Rule 350 and Rule 351 
into the Arizona SIP. The November 18, 2020 version of Rule 350 and 
Rule 351 will replace the conditionally approved version of these rules 
in the SIP. This action signifies that the State of Arizona has 
fulfilled its commitment

[[Page 97544]]

under the terms of the February 26, 2020 conditional approval (85 FR 
10986) to submit revised versions of these rules, and the EPA is now 
removing the conditional approval text associated with these rules and 
CTG categories from 40 CFR 52.119(c)(1). The EPA is also approving 
MCAQD's RACT demonstration associated with these rules for the 2008 8-
hour ozone NAAQS in the Phoenix-Mesa ozone nonattainment area.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of MCAQD 
Rule 350, ``Storage and Transfer of Organic Liquids (Non-Gasoline) at 
an Organic Liquid Distribution (OLD) Facility,'' revised on November 
18, 2020, which regulates VOC emissions from organic liquid storage and 
transfer operations at organic liquid distribution facilities. The EPA 
is also finalizing the incorporation by reference of MCAQD Rule 351, 
``Storage and Loading of Gasoline at Bulk Gasoline Plants and at Bulk 
Gasoline Terminals,'' revised on November 18, 2020, which regulates VOC 
emissions from gasoline storage and loading activities at bulk gasoline 
plants and terminals. Therefore, these materials have been approved by 
the EPA for inclusion in the SIP, have been incorporated by reference 
by the EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of the EPA's approval, and will be incorporated by reference 
in the next update to the SIP compilation.\1\ The EPA has made, and 
will continue to make, these documents available through https://www.regulations.gov and at the EPA Region IX Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).
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    \1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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.
    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).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on communities with environmental justice 
(EJ) concerns to the greatest extent practicable and permitted by law. 
Executive Order 14096 (Revitalizing Our Nation's Commitment to 
Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on 
and supplements Executive Order 12898 and defines EJ as, among other 
things, ``the just treatment and meaningful involvement of all people, 
regardless of income, race, color, national origin, Tribal affiliation, 
or disability, in agency decision-making and other Federal activities 
that affect human health and the environment.''
    The State did not evaluate EJ considerations as part of its SIP 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. The EPA did not perform an EJ 
analysis and did not consider EJ in this action. Consideration of EJ is 
not required as part of this action, and there is no information in the 
record inconsistent with the stated goal of Executive Orders 12898 and 
14096 of achieving EJ for communities with EJ concerns.
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    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 February 7, 2025. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: December 2, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the EPA amends part 52, 
chapter I, Title 40 of the Code of Federal Regulations as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart D--Arizona

0
2. In Sec.  52.119:

[[Page 97545]]

0
a. Remove and reserve paragraphs (c)(1)(i) and (c)(1)(ii); and
0
b. Revise paragraph (c)(1)(v).
    The revisions read as follows:

Sec.  52.119  Identification of plan--conditional approvals.

* * * * *
    (c) * * *
    (1) * * *
    (v) The RACT demonstration titled ``Analysis of Reasonably 
Available Control Technology for the 2008 8-Hour Ozone National Ambient 
Air Quality Standard (NAAQS) State Implementation Plan (RACT SIP),'' 
only those portions of the document beginning with ``Gasoline Tank 
Trucks And Vapor Collection System Leaks'' on page 34 through the first 
full paragraph on page 35, and Appendix C: CTG RACT Spreadsheet, the 
rows beginning with ``Gasoline Tank Trucks and Vapor Collection System 
Leaks'' on page 65, through ``Service Stations--Stage I'' on pages 67-
69. This demonstration represents the RACT requirement for the 
following source categories: Control of Volatile Organic Compound Leaks 
from Gasoline Tank Trucks and Vapor Collection Systems (EPA-450/2-78-
051); and Design Criteria for Stage I Vapor Control Systems--Gasoline 
Service Stations (EPA-450/R-75-102).
* * * * *

0
3. In Sec.  52.120, paragraph (c), Table 4, revise the entries for 
``Rule 350'' and ``Rule 351'' to read as follows:

Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *

            Table 4 to Paragraph (c)--EPA-Approved Maricopa County Air Pollution Control Regulations
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                                                                                                   Additional
      County citation         Title/subject        State effective date     EPA approval date     explanation
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                                                  * * * * * * *
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                                        Post-July 1998 Rule Codification
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                                                  * * * * * * *
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                                   Regulation III--Control of Air Contaminants
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                                                  * * * * * * *
Rule 350..................  Storage and        November 18, 2020..........  December 9, 2024,  Submitted
                             Transfer of                                     [INSERT FIRST      electronically
                             Organic Liquids                                 PAGE OF FEDERAL    on December 3,
                             (Non-Gasoline)                                  REGISTER           2020, as an
                             at an Organic                                   CITATION].         attachment to a
                             Liquid                                                             letter dated
                             Distribution                                                       November 24,
                             (OLD) Facility.                                                    2020.
Rule 351..................  Storage and        November 18, 2020..........  December 9, 2024,  Submitted
                             Loading of                                      [INSERT FIRST      electronically
                             Gasoline at Bulk                                PAGE OF FEDERAL    on December 3,
                             Gasoline Plants                                 REGISTER           2020, as an
                             and at Bulk                                     CITATION].         attachment to a
                             Gasoline                                                           letter dated
                             Terminals.                                                         November 24,
                                                                                                2020.
 
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[FR Doc. 2024-28537 Filed 12-6-24; 8:45 am]
BILLING CODE 6560-50-P
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