[Federal Register Volume 65, Number 245 (Wednesday, December 20, 2000)]
[Rules and Regulations]
[Pages 79742-79745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31465]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AZ 063-0020a; FRL-6839-9]


Approval and Promulgation of Implementation Plans; Arizona State 
Implementation Plan Revision, Pinal County Air Quality Control District 
and Pinal-Gila Counties Air Quality Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Arizona State Implementation Plan (SIP). The revisions are rules from 
the Pinal County Air Quality Control District (PCAQCD). These rules 
were submitted by the State on behalf of the PCAQCD to provide support 
for general permitting requirements for stationary sources in the 
PCAQCD.
    This action will clarify which PCAQCD rules were incorporated into 
the federally approved SIP on April 9, 1996 (61 FR 15717). This action 
will also remove inappropriate PCAQCD and Pinal-Gila Counties Air 
Quality Control District (PGCAQCD) rules from the SIP. Thus, EPA is 
approving this action on general permitting rules in the Arizona SIP 
under provisions of the CAA regarding EPA action on SIP submittals, 
SIPs for national primary and secondary ambient air quality standards, 
and plan requirements for maintenance attainment areas.

DATES: This rule is effective on February 20, 2001 without further 
notice, unless EPA receives adverse comments by January 19, 2001. If 
EPA receives such comment, it will publish a timely withdrawal in the 
Federal Register informing the public that EPA's approval of this rule 
will not take effect.

ADDRESSES: Comments must be submitted in writing to Andrew Steckel at 
the Region IX mailing address listed below. Copies of the rules and 
EPA's evaluation report are available for

[[Page 79743]]

public inspection at EPA's Region IX office during normal business 
hours. Copies of the submitted rules are available for inspection at 
the following locations:

Rulemaking Office, (AIR-4), Air Division, Environmental Protection 
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105.
Environmental Protection Agency, Air Docket (6102), Ariel Rios 
Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
Arizona Department of Environmental Quality, 3033 North Central Avenue, 
Phoenix, AZ 85012.
Pinal County Air Quality Control District, Building F, 31 North Pinal 
Street, (P. O. Box 987), Florence, AZ 85232.

FOR FURTHER INFORMATION CONTACT: Al Petersen, Rulemaking Office, (AIR-
4), Air Division, U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1135.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The rules that were previously approved into the PCAQCD \1\ portion 
of the Arizona SIP are listed below in section III. The rules being 
removed from the SIP are PCAQCD Rules 1-1-050, 1-1-055, 1-1-105, and 3-
1-080 and PGCAQCD Rules 7-1-2.2, 7-1-2.4, 7-1-2.7, 7-2-1.3, and 7-3-
6.1. PCAQCD Rules 3-1-045 and 3-1-100 are clarified as not being in the 
SIP, because they did not have a valid SIP submittal.
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    \1\ The Gila County Board of Supervisors dissolved the PGCAQCD 
on the part of Gila County on April 4, 1988. The Pinal County Board 
of Supervisors dissolved the PGCAQCD on the part of Pinal County on 
November 23, 1992. The existing PGCAQCD SIP rules remain in the SIP 
applying to Pinal County and Gila County until rescinded, removed, 
or replaced by EPA action with respect to each county.
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II. Background

    On August 16, 1994, May 31, 1995, and November 27, 1995, ADEQ 
submitted or resubmitted to EPA on behalf of PCAQCD various rules 
relating to general permitting and PSD requirements. Part of these 
rules were approved in a Federal Register (FR) document by EPA for 
incorporation into the PCAQCD portion of the Arizona SIP on April 9, 
1996 (61 FR 15717). Part of the approved rules were submitted at 
earlier dates, but EPA can act only on the latest submittal date, 
November 27, 1995. The adoption date for all rules was incorrectly 
designated as October 12, 1995, because many of the individual rules 
had earlier adoption dates. Only approved chapters and articles were 
listed in the FR document, but this did not clarify which individual 
rules were approved. This present action will clarify and correct the 
deficiencies in the previous FR document of April 9, 1996.

III. EPA Evaluation and Action

    In determining the approvability of a rule submittal, EPA must 
evaluate the rules for consistency with the requirements of the CAA, 
EPA regulations, as found in section 110 of the CAA and 40 CFR part 51 
(Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans), and EPA policy. The statutory requirements for 
nonattainment area permitting are found in Title I of the CAA. EPA must 
also ensure that rules are enforceable, appropriate for the SIP, and 
strengthen or maintain the SIP's control strategy.
    EPA is clarifying that the individual rules approved on April 9, 
1996 (61 FR 15717) along with their respective individual adoption 
dates, are as follows:
     PCAQCD Rules 1-1-020, 1-1-030, 1-1-040, [1-1-050], 1-1-
060, 1-1-070, 1-1-080, 1-1-100, 1-2-110, 2-1-010, 2-1-020, 2-1-030, 2-
1-040, 2-1-050, 2-1-060, 2-1-070, 2-2-080, 2-2-090, 2-3-100, 2-3-110, 
2-4-120, 2-4-130, 2-4-140, 2-4-150, 2-5-170, 2-5-210, 2-6-220, 2-7-230, 
2-7-240, 2-7-250, 2-7-260, 2-7-270, 3-1-020, 3-1-132, adopted on June 
29, 1993.
     PCAQCD Rules 1-1-090, 1-2-120, 3-1-010, 3-1-030, 3-1-055, 
3-1-065, 3-1-070, 3-1-082, 3-1-085, 3-1-087, 3-1-090, 3-1-102, 3-1-105, 
3-1-110, 3-1-120, 3-1-140, 3-1-150, 3-1-160, 3-1-170, 3-1-173, 3-1-175, 
3-1-177, 3-2-180, 3-2-185, 3-2-195, 3-2-190, 3-3-200, 3-3-203, 3-3-205, 
3-3-260, 3-3-270, 3-3-275, 3-3-280, adopted on November 3, 1993.
     PCAQCD Rules 1-1-010, [1-1-055], 1-1-106, 2-5-180, 2-5-
190, 2-5-200, 3-1-042, 3-1-060, [3-1-080], 3-1-081, 3-1-083, 3-1-084, 
3-1-089, 3-1-103, 3-1-107, 3-1-109, 3-3-210, 3-3-250, adopted on 
February 22, 1995.
     PCAQCD Rules [1-1-105], 1-3-130, 1-3-140, 2-5-160, 3-1-
040, 3-1-050, adopted on October 12, 1995.
    The four rules below were erroneously approved by EPA as part of 
the previously approved Chapter 1, Article 1 (1-1-xxx series rules) and 
Chapter 3, Article 1 (3-1-xxx series rules). EPA is removing the four 
rules below from the PCAQCD portion of the Arizona SIP under section 
110(k)(6) as inconsistent with the requirements of section 110(a) and 
part D of the CAA. The four rules are not appropriate for inclusion in 
the SIP for the reasons given below. Removal of these four rules from 
the SIP will have no effect on emissions to the ambient air:
     PCAQCD Rule 1-1-050, Authorization to Accept Funds or 
Grants, relates to management of local funds.
     PCAQCD Rule 1-1-055, Authorization to Collect Funds or 
Fees, relates to management of local funds and fees.
     PCAQCD Rule 1-1-105, SIP List, is a non-regulatory rule.
     PCAQCD Rule 3-1-080, Appeals to the Hearing Board, relates 
to procedures for the local hearing board.
    The two rules below were apparently approved by EPA as part of the 
previously approved Chapter 3, Article 1 (3-1-xxx series rules). 
However, PCAQCD specifically excluded these rules from the November 27, 
1995 submittal. Therefore, EPA is clarifying that these two rules are 
not approved into the SIP and have never been in the SIP, because there 
is not a valid SIP submittal:
     PCAQCD Rule 3-1-045, Transition from Installation and 
Operating Permit Program.
     PCAQCD Rule 3-1-100, Permit Posting.
    Certain of the rules from the now-defunct PGCAQCD are determined by 
EPA to have been erroneously approved, because they are not appropriate 
for inclusion in the SIP. EPA is removing the following rules from the 
PGCAQCD portion of the Arizona SIP under section 110(k)(6) as 
inconsistent with the requirements of section 110(a) and part D of the 
CAA. A consequence of this action is that these rules are also removed 
from the PCAQCD portion of the Arizona SIP. The rules are not 
appropriate for inclusion in the SIP for the reasons given below. 
Removal of these rules from the SIP will have no effect on emissions to 
the ambient air:
     PGCAQCD Rule 7-1-2.2, Permit Unit Description and Fees, 
relates to assessment of local fees.
     PGCAQCD Rule 7-1-2.4, Appeals to Hearing Board, relates to 
procedures for the local hearing board.
     PGCAQCD Rule 7-1-2.7, Enforcement, relates to lacal 
enforcement of Arizona statutes.
     PGCAQCD Rule 7-2-1.3, Non-Methane Hydrocarbons, relates to 
a district non-methane hydrocarbon standard that does not have an 
equivalent in the NAAQS. This is consistent with the CAA, because there 
is no effect on attainment or any other applicable requirement of the 
CAA.
     PGCAQCD Rule 7-3-6.1, Policy and Legal Authority, relates 
to local

[[Page 79744]]

authority of the PGCAQCD and the local hearing board as authorized by 
Arizona statutes.
    EPA approved into the SIP from the submittal of August 15, 1994 the 
following two rules, which are replaced by revised versions cited 
above:
     PCAQCD Rule 3-1-084, adopted on August 11, 1994.
     PCAQCD Rule 3-1-107, adopted on November 3, 1993.
    EPA is publishing this direct final approval without prior proposal 
because the Agency views this SIP revision as a noncontroversial 
revision and anticipates no adverse comments. However, in the proposed 
rules section of this Federal Register publication, EPA is publishing a 
separate document that will serve as the proposal to approve the SIP 
revision should adverse comments be filed. This direct final approval 
will be effective February 20, 2001 without further notice unless the 
Agency receives adverse comments by January 19, 2001.
    If the EPA receives such comments, then EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. All public comments received will then be 
addressed in a subsequent final rule based on the proposed rule. The 
EPA will not institute a second comment period on this rule. Any 
parties interested in commenting on this rule should do so at this 
time. If no such comments are received, the public is advised that this 
direct final approval will be effective on February 20, 2001.

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason, 
this rule also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This rule 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, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    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. EPA will submit a report containing this rule 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 February, 20, 2001. 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, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Permitting, 
Reporting and recordkeeping requirements.

    Dated: July 13, 2000.
Felicia Marcus,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

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

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

Subpart D--Arizona

    2. Section 52.120 is amended by adding paragraph (c)(18)(iv)(B), 
revising paragraph (c)(84)(i)(A), and adding paragraphs (c)(84)(i)(B), 
(c)(84)(i)(C), and (c)(84)(i)(D) to read as follows:


Sec. 52.120  Identification of plan.

* * * * *
    (c) * * *
    (18) * * *
    (iv) * * *
    (B) Previously approved on November 15, 1978 and now deleted 
without replacement Rules 7-1-2.2, 7-1-2.4, 7-1-2.7, 7-2-1.3, and 7-3-
6.1.
* * * * *
    (84) * * *
    (i) * * *
    (A) Rules 1-1-020, 1-1-030, 1-1-040, 1-1-060, 1-1-070, 1-1-080, 1-
1-100, 1-2-110, 2-1-010, 2-1-020, 2-1-030, 2-1-040, 2-1-050, 2-1-060, 
2-1-070, 2-2-080, 2-2-090, 2-3-100, 2-3-110,

[[Page 79745]]

2-4-120, 2-4-130, 2-4-140, 2-4-150, 2-5-170, 2-5-210, 2-6-220, 2-7-230, 
2-7-240, 2-7-250, 2-7-260, 2-7-270, 3-1-020, 3-1-132, adopted on June 
29, 1993.
    (B) Rules 1-1-090, 1-2-120, 3-1-010, 3-1-030, 3-1-055, 3-1-065, 3-
1-070, 3-1-082, 3-1-085, 3-1-087, 3-1-090, 3-1-102, 3-1-105, 3-1-110, 
3-1-120, 3-1-140, 3-1-150, 3-1-160, 3-1-170, 3-1-173, 3-1-175, 3-1-177, 
3-2-180, 3-2-185, 3-2-190, 3-2-195, 3-3-200, 3-3-203, 3-3-205, 3-3-260, 
3-3-270, 3-3-275, 3-3-280, adopted on November 3, 1993.
    (C) Rules 1-1-010, 1-1-106, 2-5-190, 2-5-200, 3-1-042, 3-1-060, 3-
1-081, 3-1-083, 3-1-084, 3-1-089, 3-1-103, 3-1-107, 3-1-109, 3-3-210, 
3-3-250, adopted on February 22, 1995.
    (D) Rules 1-3-130, 1-3-140, 2-5-160, 2-5-180, 3-1-040, 3-1-050, 
adopted on October 12, 1995.
* * * * *
[FR Doc. 00-31465 Filed 12-19-00; 8:45 am]
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