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[Federal Register Volume 89, Number 241 (Monday, December 16, 2024)]
[Rules and Regulations]
[Pages 101479-101481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28910]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2024-0199; FRL-12188-02-R9]

Air Quality Plans; Arizona; Maricopa County Air Quality 
Department; Source-Specific SIP Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action on a source-specific revision to the Maricopa County Air Quality 
Department's (MCAQD or ``Department'') portion of the Arizona State 
Implementation Plan (SIP). This revision consists of certain permit 
conditions related to emissions offsets generated from the replacement 
of existing diesel-fueled solid waste collection trucks promulgated by 
the MCAQD and submitted by the State of Arizona for inclusion in the 
Maricopa County portion of the Arizona SIP under the Clean Air Act (CAA 
or ``Act''). The permit conditions were submitted for SIP approval to 
ensure that they are federally enforceable, which is the basis for 
qualifying certain emissions reductions as creditable offsets under the 
CAA.

DATES: This rule is effective on January 15, 2025.

ADDRESSES: The EPA has established a docket for this action under 
Docket No. EPA-R09-OAR-2024-0199. 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. 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: Christa Leska, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105; by phone: (415) 972-3930; or by 
email to [email protected].

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

Table of Contents

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

I. Proposed Action

    On August 19, 2024, the EPA proposed approval of the source-
specific SIP revision to the Arizona SIP.\1\ The SIP revision consists 
of adding portions of the following three operating permits: P0011602, 
P0011603, P0011601. The submitted permit conditions ensure that 
emission reduction credits granted to Waste Management for replacing 
existing diesel-fired solid waste collection trucks with compressed 
natural gas (CNG)-fired solid waste collection trucks meet the offset 
integrity criteria contained in 40 CFR part 51.165(a)(3)(ii)(C)(1)(i), 
which requires such emission reductions to be surplus, permanent, 
quantifiable, and federally enforceable. Although the permit conditions 
are federally enforceable pursuant to 40 CFR 52.23, approving these 
permit conditions into the SIP ensures their permanence and preserves 
their federal enforceability.
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    \1\ 89 FR 67012.
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II. Public Comments

    The EPA's proposed action provided a 30-day public comment period. 
During this period, no comments were submitted on our proposal.

III. EPA Action

    No comments were submitted on our proposal. Therefore, as 
authorized in sections 110(k)(3) and 301(a) of the Act, the EPA is 
finalizing approval of this revision to the Arizona SIP. This action 
incorporates the submitted permit conditions into the Maricopa County 
portion of the Arizona SIP, which provides the necessary federal 
enforceability for these permit conditions.

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 the three 
source-specific SIP revisions identified by permit numbers P0011601, 
P0011602 and P0011603 issued to Waste Management, submitted on April 3, 
2024. These source-specific SIP revisions incorporate specific 
provisions from permits issued by the MCAQD to ensure certain emission 
reductions are surplus, permanent, quantifiable, and federally 
enforceable. 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).

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

[[Page 101480]]

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 E.O. 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.
    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. Section 804, however, exempts from section 801 the 
following types of rules: rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, the EPA is not 
required to submit a rule report regarding this action under section 
801.
    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 14, 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, Nitrogen oxides, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: December 4, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the Environmental 
Protection Agency 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. Amend Sec.  52.120, paragraph (d), in the table titled, ``EPA-
Approved Source-Specific Requirements,'' under the heading ``Maricopa 
County Air Quality Department,'' after the entry for ``W.R. Meadows of 
Arizona, Inc., Goodyear, Arizona,'' by adding three entries to read as 
follows:

Sec.  52.120   Identification of plan.

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                                    EPA-Approved Source-Specific Requirements
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                                                          Effective
          Name of source             Order/permit No.        date       EPA approval date        Explanation
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                                                  * * * * * * *
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                                      Maricopa County Air Quality Department
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                                                  * * * * * * *
Deer Valley Transfer Station,      P0011601, conditions    3/06/2024  12/16/2024, [INSERT   Permit issued by the
 Facility ID F000443.               37-46.                             FIRST PAGE OF         Maricopa County Air
                                                                       FEDERAL REGISTER      Quality Department.
                                                                       CITATION].            Submitted on August
                                                                                             3, 2022.
                                                                                            Revised copy
                                                                                             submitted on April
                                                                                             3, 2024, as an
                                                                                             attachment to a
                                                                                             letter dated March
                                                                                             29, 2024.

[[Page 101481]]

 
San Tan Transfer Station,          P0011602, conditions    3/06/2024  12/16/2024, [INSERT   Permit issued by the
 Facility ID F001645.               37-46.                             FIRST PAGE OF         Maricopa County Air
                                                                       FEDERAL REGISTER      Quality Department.
                                                                       CITATION].            Submitted on August
                                                                                             3, 2022.
                                                                                            Revised copy
                                                                                             submitted on April
                                                                                             3, 2024, as an
                                                                                             attachment to a
                                                                                             letter dated March
                                                                                             29, 2024.
White Tanks Transfer Station,      P0011603, conditions    3/06/2024  12/16/2024, [INSERT   Permit issued by the
 Facility ID F001646.               33-42.                             FIRST PAGE OF         Maricopa County Air
                                                                       FEDERAL REGISTER      Quality Department.
                                                                       CITATION].            Submitted on August
                                                                                             3, 2022.
                                                                                            Revised copy
                                                                                             submitted on April
                                                                                             3, 2024, as an
                                                                                             attachment to a
                                                                                             letter dated March
                                                                                             29, 2024.
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[FR Doc. 2024-28910 Filed 12-13-24; 8:45 am]
BILLING CODE 6560-50-P
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