[Federal Register Volume 74, Number 218 (Friday, November 13, 2009)]
[Rules and Regulations]
[Pages 58553-58554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27046]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0558; FRL-8975-6]


Revisions to the Arizona State PM-10 Implementation Plan; 
Maricopa County Air Quality Department

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing approval of revisions to the Maricopa Air 
Quality Department (MCAQD) portion of the Arizona State Implementation 
Plan (SIP). These revisions were proposed in the Federal Register on 
August 26, 2009 and concern particulate matter (PM) emissions from non-
metallic mineral mining and processing in the Maricopa County (Phoenix) 
serious PM-10 nonattainment area. We are approving local rules that 
regulate these emission sources under the Clean Air Act as amended in 
1990 (CAA or the Act).

DATES: Effective Date: This rule is effective on January 8, 2010.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2009-0558 for 
this action. The index to the docket is available electronically at 
http://www.regulations.gov and in hard copy at EPA Region IX, 75 
Hawthorne Street, San Francisco, California. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available in either location (e.g., CBI). 
To inspect the hard copy materials, please schedule an appointment 
during normal business hours with the contact listed in the FOR FURTHER 
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Sona Chilingaryan, EPA Region IX, 
(415) 972-3368, [email protected].

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

Table of Contents

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

I. Proposed Action

    On August 26, 2009 (74 FR 43085), EPA proposed to approve the 
following rule into the Arizona SIP.

----------------------------------------------------------------------------------------------------------------
            Local agency               Rule          Rule title            Adopted         Submitted
----------------------------------------------------------------------------------------------------------------
MCAQD...............................             316   Nonmetallic Mineral             3/12/08          7/10/08
                                                        Processing.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve this rule because we determined that it 
complied with the CAA requirements for Best Available Control Measures 
(Section 189(b)(1)(B)) and Most Stringent Measures (Section 188(e)). 
Our proposed action contains more information on the rule and our 
evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period. 
During this period, we received comments from the following parties.
    1. Lawrence Odle, Director, MCAQD; letter dated September 23, 2009 
and received September 25, 2009.
    2. Joy E. Herr-Cardillo, Staff Attorney, Arizona Center for Law in 
the Public Interest (ACLPI); letter dated and received on September 25, 
2009.
    The comments and our responses are summarized below.
    Comment #1: MCAQD supports our proposed approval of 316.
    Response #1: No response necessary.
    Comment #2: MCAQD provides information related to MCAQD's current 
efforts and future plans to improve and clarify Rule 316. MCAQD has 
initiated a rulemaking process to revise the rule to include 
alternative control measures approved by MCAQD and EPA, has formed a 
working group to evaluate the Department's experience with the moisture 
testing and sampling protocols related to the rule, and plans to 
separate the requirements in Rule 316 for different kinds of facilities 
into five separate rules. In the current rulemaking, the Department 
intends to separate product transfer and distribution facilities out of 
Rule 316, and in the future also plans to separate asphaltic concrete 
batch plants, concrete batch plants, inert landfills, and gypsum and 
all types of mulch.
    Response #2: This comment addresses MCAQD's future plans and was 
provided for information purposes only. It does not affect EPA's 
proposed action on the March 12, 2008 version of Rule 316, and no 
further response is necessary.
    Comment #3: MCAQD comments that Table 1 in 74 FR 43085 incorrectly 
refers to 3/10/08 as the adoption date for the rule, and notes that the 
correct date is 3/12/08.
    Response #3: We agree. There was a typographical error in the 
adoption date. We do not believe this error is likely to result in 
significant confusion since only one version of the rule was adopted in 
2008, and the previous version was adopted in 2005.
    Comment #4: ACLPI comments that in August 2009 it notified us of 
its intent to take legal action against EPA for failure to act on Rule 
316. ACLPI supports the proposed approval and the increased stringency 
of Rule 316.

[[Page 58554]]

    Comment #4: No response necessary.

III. EPA Action

    No comments were submitted that change our assessment that the 
submitted rule complies with the relevant CAA requirements. Therefore, 
as authorized in section 110(k)(3) of the Act, EPA is fully approving 
this rule into the Arizona SIP as meeting the requirements of sections 
189(b)(1)(B) and 188(e).

IV. 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, 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 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, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the State, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    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 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 January 12, 2010. 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, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: October 5, 2009.
Jane Diamond,
Acting Regional Administrator, Region IX.

0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

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. Section 52.120 is amended by adding paragraph (c)(141)(i)(B)(2) to 
read as follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (141) * * *
    (i) * * *
    (B) * * *
    (2) Rule 316, ``Nonmetallic Mineral Processing,'' adopted on
    March 12, 2008.
* * * * *
[FR Doc. E9-27046 Filed 11-12-09; 8:45 am]
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