[Federal Register Volume 75, Number 65 (Tuesday, April 6, 2010)]
[Rules and Regulations]
[Pages 17307-17309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7737]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0521; FRL-9096-8]


Revisions to the Arizona State Implementation Plan; Pinal County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing approval of revisions to the Pinal County 
portion of the Arizona State Implementation Plan (SIP). These revisions 
were proposed in the Federal Register on August 17, 2009 and concern 
particulate matter (PM) emissions from construction, earthmoving, and 
related activities, and commercial and residential unpaved parking 
lots. We are approving these 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 May 6, 2010.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2009-0521 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: Jerry Wamsley, EPA Region IX, (415) 
947-4111, [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 17, 2009 (74 FR 41357), EPA proposed to approve into the 
Arizona SIP the rules listed below.

----------------------------------------------------------------------------------------------------------------
               Local agency                  Rule No.              Rule title               Adopted    Submitted
----------------------------------------------------------------------------------------------------------------
Pinal County.............................      2-8-302  Performance Standards--Hayden       01/07/09    06/12/09
                                                         PM10 Non-attainment Area.
                                               4-2-020  Fugitive Dust--General..........    12/04/02    06/12/09
                                               4-2-030  Fugitive Dust--Definitions......    12/04/02    06/12/09
                                                   4-4  PM-10 Non-attainment Area Rules;    06/03/09    06/12/09
                                                         Dustproofing and Stabilization
                                                         for Commercial Unpaved Parking,
                                                         Drive and Working Yards.
                                                   4-5  PM-10 Non-attainment Area Rules;    06/03/09    06/12/09
                                                         Stabilization for Residential
                                                         Parking and Drives.
                                                   4-7  Construction Sites in Non-          06/03/09    06/12/09
                                                         Attainment Areas--Fugitive Dust.
                                                   4-9  Test Methods....................    06/03/09    06/12/09
----------------------------------------------------------------------------------------------------------------


[[Page 17308]]

    We proposed to approve these rules because we determined that they 
complied with the relevant CAA requirements. Our proposed action 
contains more information on the rules 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 one inquiry as to how to obtain the 
Technical Support Document and other electronic files related to the 
rulemaking. We received no other comments.

III. EPA Action

    No comments were submitted that change our assessment that the 
submitted rules comply with the relevant CAA requirements. Therefore, 
as authorized in section 110(k)(3) of the Act, EPA is fully approving 
these rules into the Arizona SIP.
    Also, on August 17, 2009, we published an Interim Final 
Determination staying and deferring CAA section 179 sanctions for Pinal 
County pending our final action on the rules listed above (see 74 FR 
41340). With this final approval action, we find that these rules 
correct the deficiencies we described in our August 1, 2007 limited 
disapproval action (see 72 FR 41896). Consequently, all section 179 
sanctions and our Federal Implementation Plan obligations under CAA 
section 110(c) following from our August 1, 2007 limited disapproval 
are terminated upon the effective date of this final rule action.

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 June 7, 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: November 24, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.

    Editorial Note: This document was received in the Office of the 
Federal Register on April 1, 2010.


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)(145) to read as 
follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (145) New and amended regulations were submitted on June 12, 2009 
by the Governor's designee.
    (i) Incorporation by Reference.
    (A) Pinal County Air Quality Control District.
    (1) Rule 2-8-302, ``Performance Standards--Hayden PM-10 Non-
attainment Area,'' adopted on January 7, 2009.
    (i) Pinal County Board of Supervisors, Resolution No. 010709-AQ3, 
Pinal County Air Quality Control District, ``A Resolution of the Board 
of Supervisors of Pinal County, Adopting Certain Revisions to the Pinal 
County Air Quality Control District Rules, adopted January 7, 2009; to 
Wit: Rule 2-8-302 (Performance Standards--Hayden PM10 Nonattainment 
Area). Rule 4-2-020, ``Fugitive Dust--General,'' amended on December 4, 
2002. Rule 4-2-030, ``Fugitive Dust--Definitions,'' amended on December 
4, 2002. Chapter 4, Article

[[Page 17309]]

4, ``PM-10 Non-attainment Area Rules; Dustproofing and Stabilization 
for Commercial Unpaved Parking, Drive and Working Yards''; Section 4-4-
100, ``General Provisions,'' amended on June 3, 2009; Section 4-4-110, 
``Definitions,'' amended on June 3, 2009; Section 4-4-120, ``Objective 
Standards,'' amended on June 3, 2009; Section 4-4-130, ``Work Practice 
Standards,'' adopted on June 3, 2009; Section 4-4-140, ``Recordkeeping 
and Records Retention,'' adopted on June 3, 2009. Chapter 4, Article 5, 
``PM-10 Non-attainment Area Rules; Stabilization for Residential 
Parking and Drives''; Section 4-5-150, ``Stabilization for Residential 
Parking and Drives; Applicability,'' amended on June 3, 2009; Section 
4-5-160, ``Residential Parking Control Requirement,'' amended on June 
3, 2009; Section 4-5-170, ``Deferred enforcement date,'' amended on 
June 3, 2009. Chapter 4, Article 7, ``Construction Sites in Non-
Attainment Areas--Fugitive Dust''; Section 4-7-210, ``Definitions,'' 
adopted on June 3, 2009; Section 4-7-214, ``General Provisions,'' 
adopted on June 3, 2009; Section 4-7-218, ``Applicability; Development 
Activity,'' adopted on June 3, 2009; Section 4-7-222, ``Owner and/or 
Operator Liability,'' adopted on June 3, 2009; Section 4-7-226, 
``Objective Standards; Sites,'' adopted on June 3, 2009; Section 4-7-
230, ``Obligatory Work Practice Standards; Sites,'' adopted on June 3, 
2009; Section 4-7-234, ``Nonattainment-Area Dust Permit Program; 
General Provisions,'' adopted on June 3, 2009; Section 4-7-238, 
``Nonattainment Area Site Permits,'' adopted on June 3, 2009; Section 
4-7-242, ``Nonattainment Area Block Permits,'' adopted on June 3, 2009; 
Section 4-7-246, ``Recordkeeping and Records Retention,'' adopted on 
June 3, 2009. Chapter 4, Article 9, ``Test Methods''; Section 4-9-320, 
``Test Methods for Stabilization For Unpaved Roads and Unpaved Parking 
Lots,'' adopted on June 3, 2009; Section 4-9-340, ``Visual Opacity Test 
Methods,'' adopted on June 3, 2009.
* * * * *
[FR Doc. 2010-7737 Filed 4-5-10; 8:45 am]
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