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[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Rules and Regulations]
[Pages 1903-1907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31028]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2024-0349; FRL-12130-02-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 finalizing a 
limited approval and limited disapproval of 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 (VOCs) from loading of organic 
liquids and gasoline. Under the authority of the Clean Air Act (CAA or 
``Act''), this action simultaneously approves local rules that regulate 
these emission sources and directs Arizona to correct rule 
deficiencies. We are also finalizing a disapproval of MCAQD's 
reasonably available control technology (RACT) demonstration for the 
source categories

[[Page 1904]]

associated with these rules for the 2008 8-hour ozone national ambient 
air quality standard (NAAQS) in the Phoenix-Mesa ozone nonattainment 
area.

DATES: This rule is effective February 10, 2025.

ADDRESSES: The EPA has established a docket for this action under 
Docket No. EPA-R09-OAR-2024-0349. 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: Donnique Sherman, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4129; email 
at [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 November 8, 2024 (89 FR 88690), the EPA proposed a limited 
approval and limited disapproval of the following rules that were 
submitted for incorporation into the Arizona SIP.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
         Local agency             Rule No.                 Rule title                 Revised        Submitted
----------------------------------------------------------------------------------------------------------------
MCAQD........................             352  Gasoline Cargo Tank Testing and        11/18/2020      12/03/2020
                                                Use.
MCAQD........................             353  Storage and Loading of Gasoline        11/18/2020      12/03/2020
                                                at a Gasoline Dispensing
                                                Facility (GDF).
----------------------------------------------------------------------------------------------------------------

    We proposed a limited approval because we determined that these 
rules improve the SIP and are largely consistent with the relevant CAA 
requirements. We simultaneously proposed a limited disapproval because 
some rule provisions conflict with section 110 and part D of the Act. 
In addition, we proposed a disapproval of MCAQD's RACT demonstration 
for the source categories listed in Table 2 for the 2008 8-hour ozone 
NAAQS in the Phoenix-Mesa ozone nonattainment area.

                                      Table 2--Applicable Source Categories
----------------------------------------------------------------------------------------------------------------
                   CTG                              Title/source category               Applicable MCAQD rule
----------------------------------------------------------------------------------------------------------------
EPA-450/2-78-051........................  Control of Volatile Organic Compound       Rule 352.
                                           Leaks from Gasoline Tank Trucks and
                                           Vapor Collection Systems.
EPA-450/R-75-102........................  Design Criteria for Stage I Vapor Control  Rule 353.
                                           Systems--Gasoline Service Stations.
----------------------------------------------------------------------------------------------------------------

    The following provisions of Rule 352 preclude full approval of the 
rule:
    1. In addition to the annual certification test required by Section 
301.1, Sections 502 and 503 of Rule 352 outline ongoing monitoring 
tests to perform to detect potential leaks. However, the rule does not 
identify any enforceable requirements to monitor using these tests on a 
periodic basis or any recordkeeping and reporting associated with this 
requirement.
    2. Section 103.3(a) requires that an ``owner or operator of a 
gasoline cargo tank provides documentation from the gasoline cargo tank 
testing company to the Control Officer that certifies that the gasoline 
cargo tank was tested and verified vapor tight using test methods at 
least as stringent as those in Section 501.1 (Maricopa County Vapor 
Tightness Test).'' This provision allows the Control Officer authority 
to approve another test method, and without further specificity 
regarding how this authority will be exercised, it could functionally 
allow for a revision of the SIP without complying with the process for 
SIP revisions required by the CAA.
    The following provisions of Rule 353 preclude full approval of the 
rule:
    1. Rule 353 requires that control equipment or spill containment 
equipment at a stationary GDF or on a gasoline cargo tank be leak free 
and vapor tight, requiring weekly inspections. Rule 353 generally 
requires a facility to determine if there is a ``potential vapor leak'' 
prior to being required to conduct a more stringent vapor tightness 
determination. Section 501 of Rule 353 allows for four different 
options to identify potential vapor leaks. Section 501.1 allows for the 
``use of sight, sound, or smell'' as an acceptable method for 
identifying potential vapor leaks. Although using sight, sound, or 
smell can play a role in identifying potential vapor leaks, allowing 
for that to potentially be the only method used could functionally 
allow for potential leak identification to be left solely to the 
operator's discretion and sensory inputs. Therefore, without a 
provision to periodically utilize methods beyond sight, sound, or 
smell, this provision undermines the enforceability of the rule's 
requirement for vapor tight compliance.
    2. Section 500 of Rule 353 contains ongoing monitoring and 
recordkeeping requirements but does not specifically contain any 
requirements to report compliance information. However, reporting 
requirements are contained within Section 301 of the rule because it 
incorporates the applicable requirements from the National Emission 
Standards for Hazardous Air Pollutants for Source Category: Gasoline 
Dispensing Facilities at 40 CFR part 63, subpart CCCCCC (``Subpart 
CCCCCC''), which includes reporting requirements.\1\

[[Page 1905]]

However, Subpart CCCCCC is not applicable to the loading of aviation 
gasoline into storage tanks at airports and the subsequent transfer of 
aviation gasoline within the airport.\2\ Rule 353 does apply to loading 
of aviation gasoline at airports, but it does not elsewhere require 
periodic reporting for these facilities. Given this framework, Rule 353 
has a reporting gap, because there is no periodic compliance reporting 
required for loading of aviation gasoline at airports. Due to the lack 
of adequate reporting requirements (or some alternative means of 
ensuring enforceability) during loading of aviation gasoline into 
storage tanks, this provision undermines the enforceability of the 
rule's requirement for vapor tight compliance, constitutes a SIP 
deficiency, and is inconsistent with the requirements of CAA Section 
110.
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    \1\ See 40 CFR 63.11126 and Table 3 to Subpart CCCCCC. For 
example, Subpart CCCCCC requires annual reporting related to 
malfunctions (malfunction of process equipment and air pollution 
control equipment), requires all performance tests reports to be 
submitted, and requires advanced notification of performance tests.
    \2\ See 40 CFR part 63.11111(g).
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    Our proposed action contains more information on the basis for this 
rulemaking and on our evaluation of the submittal.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received one anonymous comment in support of 
EPA's November 8, 2024 proposed action. We thank the commenter for the 
comment.

III. EPA Action

    No comments were submitted that change our assessment of the rules 
as described in our proposed action. Therefore, as authorized in 
sections 110(k)(3) and 301(a) of the Act, the EPA is finalizing a 
limited approval of the submitted rules. This action incorporates the 
submitted rules into the Arizona SIP, including those provisions 
identified as deficient. As authorized under sections 110(k)(3) and 
301(a), the EPA is simultaneously finalizing a limited disapproval of 
the rules. The EPA is also finalizing a disapproval of the RACT 
demonstrations for the 2008 ozone NAAQS for the sources covered by the 
CTGs listed in Table 2.
    As a result, the EPA must promulgate a federal implementation plan 
(FIP) under section 110(c) unless we approve subsequent SIP revisions 
that correct the rule deficiencies within 24 months.
    In addition, the offset sanction in CAA section 179(b)(2) will be 
imposed 18 months after the effective date this action, and the highway 
funding sanction in CAA section 179(b)(1) will be imposed six months 
after the offset sanction is imposed. A sanction will not be imposed if 
the EPA determines that a subsequent SIP submission corrects the 
identified deficiencies before the applicable deadline.
    Note that the submitted rules have been adopted by the MCAQD, and 
the EPA's final limited disapproval does not prevent the local agency 
from enforcing them. The limited disapproval also does not prevent any 
portion of the rules from being incorporated by reference into the 
federally enforceable SIP as discussed in a July 9, 1992 EPA memo found 
at: https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf.

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 352, ``Gasoline Cargo Tank Testing and Use,'' revised on November 
18, 2020, which regulates VOC emissions during loading and unloading of 
gasoline to any gasoline cargo tank within Maricopa County. The EPA is 
also incorporating by reference MCAQD Rule 353, ``Storage and Loading 
of Gasoline at a Gasoline Dispensing Facility,'' revised on November 
18, 2020, which regulates VOC emissions during storage and loading of 
gasoline at a gasoline dispensing facility. Therefore, these materials 
have been approved by EPA for inclusion in the SIP, have been 
incorporated by reference by EPA into that plan, are fully federally 
enforceable under sections 110 and 113 of the CAA as of the effective 
date of this final rulemaking, and will be incorporated by reference in 
the next update to the SIP compilation.\3\ The EPA has made, and will 
continue to make, these documents available through www.regulations.gov 
and at the EPA Region IX Office (please contact the person identified 
in the FOR FURTHER INFORMATION CONTACT section of this preamble for 
more information).
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    \3\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    Under the CAA, 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 review state choices 
and approve those choices if they meet the minimum criteria of the Act. 
Accordingly, this final action is finalizing a limited approval and 
limited disapproval of state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law.
    Additional information about these statutes and Executive orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
state, local, or tribal governments, or to the private sector will 
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because 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

[[Page 1906]]

jurisdiction, and it will not impose substantial direct costs on tribal 
governments or preempt tribal law. Thus, Executive Order 13175 does not 
apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. Therefore, this action is not 
subject to Executive Order 13045 because it is merely finalizing a 
limited approval and limited disapproval of state law as meeting 
federal requirements. Furthermore, the EPA's Policy on Children's 
Health does not apply to this action.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations and 
Executive Order 14096: Revitalizing Our Nation's Commitment to 
Environmental Justice for All

    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.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, 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).

L. Petitions for Judicial Review

    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 March 11, 2025. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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 19, 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. Amend Sec.  52.119 by removing and reserving paragraph (c)(1).
0
3. In Sec.  52.120:
0
a. In paragraph (c), amend table 4, by revising the entries for ``Rule 
352'' and ``Rule 353''; and
0
b. In paragraph (e), amend table 1, under the subheading ``Part D 
Elements and Plans for the Metropolitan Phoenix and Tucson Areas,'' by 
revising the second entry for ``Analysis of Reasonably Available 
Control Technology for the 2008 8-Hour Ozone National Ambient Air 
Quality Standard (NAAQS) State Implementation Plan (RACT SIP)'' that 
appears just before the entry for ``Reasonably Available Control 
Technology (RACT) Analysis, Negative Declaration and Rules Adoption.''
    The revisions read as follows:

Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *

            Table 4 to Paragraph (c)--EPA-Approved Maricopa County Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State effective                           Additional
         County citation             Title/subject           date          EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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                                        Post-July 1998 Rule Codification
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[[Page 1907]]

 
                                                  * * * * * * *
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                                   Regulation III--Control of Air Contaminants
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                                                  * * * * * * *
Rule 352........................  Gasoline Cargo      November 18, 2020.  1/10/25, [INSERT    Submitted
                                   Tank Testing and                        FIRST PAGE OF       electronically on
                                   Use.                                    FEDERAL REGISTER    December 3, 2020,
                                                                           CITATION].          as an attachment
                                                                                               to a letter dated
                                                                                               November 24,
                                                                                               2020.
Rule 353........................  Storage and         November 18, 2020.  1/10/25, [INSERT    Submitted
                                   Loading of                              FIRST PAGE OF       electronically on
                                   Gasoline at a                           FEDERAL REGISTER    December 3, 2020,
                                   Gasoline                                CITATION].          as an attachment
                                   Dispensing                                                  to a letter dated
                                   Facility (GDF).                                             November 24,
                                                                                               2020.
 
                                                  * * * * * * *
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* * * * *
    (e) * * *

                       Table 1--EPA-Approved Non-Regulatory and Quasi-Regulatory Measures
       [Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] \1\
----------------------------------------------------------------------------------------------------------------
                                     Applicable
                                   geographic or
     Name of SIP provision         nonattainment     State submittal   EPA approval date        Explanation
                                   area or title/          date
                                      subject
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                         The State of Arizona Air Pollution Control Implementation Plan
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                                                  * * * * * * *
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                     Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas
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                                                  * * * * * * *
Analysis of Reasonably           Maricopa County    June 22, 2017....  February 26,       Only those portions of
 Available Control Technology     portion of                            2020, 85 FR        the document
 for the 2008 8-Hour Ozone        Phoenix-Mesa                          10986              beginning with
 National Ambient Air Quality     nonattainment                         (conditionally     ``Gasoline Bulk
 Standard (NAAQS) State           area for 2008 8-                      approved); and     Plants, Fixed Roof
 Implementation Plan (RACT SIP).  hour ozone NAAQS.                     December 9,        Petroleum Tanks,
                                                                        2024, 89 FR        External Floating
                                                                        97543.             Roof Petroleum Tanks,
                                                                                           And Gasoline Loading
                                                                                           Terminals'' on page
                                                                                           33 through the first
                                                                                           full paragraph on
                                                                                           page 34, and Appendix
                                                                                           C: CTG RACT
                                                                                           Spreadsheet, the rows
                                                                                           beginning with
                                                                                           ``Gasoline Bulk
                                                                                           Plants'' on page 60,
                                                                                           through ``Gasoline
                                                                                           Loading Terminals''
                                                                                           on pages 64-65.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements
  (excluding Part D Elements and Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or
  Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas.

* * * * *

0
4. Amend Sec.  52.124 by adding paragraph (b)(2)(ii) to read as 
follows:

Sec.  52.124  Part D disapproval.

* * * * *
    (b) * * *
    (2) * * *
    (ii) 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).
* * * * *
[FR Doc. 2024-31028 Filed 1-8-25; 8:45 am]
BILLING CODE 6560-50-P
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