[Federal Register Volume 77, Number 114 (Wednesday, June 13, 2012)]
[Rules and Regulations]
[Pages 35285-35287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13817]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR 52

[EPA-R09-OAR-2012-0253; FRL-9682-5]


Approval of Air Quality Implementation Plan; Arizona; Attainment 
Plan for 1997 8-Hour Ozone Standard

AGENCY: U.S. Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a state implementation plan (SIP) revision 
submitted by the State of Arizona on June 13, 2007, to demonstrate 
attainment of the 1997 8-hour ozone national ambient air quality 
standards (NAAQS) in the Phoenix-Mesa nonattainment area by June 15, 
2009. This action was proposed in the Federal Register on April 11, 
2012. EPA is approving the submitted SIP revision based on our 
determination that it contains all of the SIP elements required for 
ozone nonattainment areas under title I, part D, subpart 1 of the Clean 
Air Act (CAA) for the 1997 8-hour ozone NAAQS.

DATES: This rule is effective on July 13, 2012.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2012-0253 for 
this action. Generally, documents in the docket for this action are 
available electronically at http://www.regulations.gov or in hard copy 
at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While 
all documents in the docket are listed at http://www.regulations.gov, 
some information may be publicly available only at the hard copy 
location (e.g., copyrighted material, large maps, multi-volume 
reports), and some may not be available in either location (e.g., 
confidential business information (CBI)). To inspect the hard copy 
materials, please schedule an appointment during normal business

[[Page 35286]]

hours with the contact listed in the FOR FURTHER INFORMATION CONTACT 
section.

FOR FURTHER INFORMATION CONTACT: Anita Lee, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, (415) 972-3958, 
[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 April 11, 2012 (70 FR 21690), EPA proposed to approve the 
``Eight-Hour Ozone Plan for the Maricopa Nonattainment Area'' (2007 
Ozone Plan) submitted as a SIP revision by the Arizona Department of 
Environmental Quality (ADEQ) on June 13, 2007. We proposed to approve 
the 2007 Ozone Plan based on our determination that it contains all of 
the plan elements required for ozone nonattainment areas under title I, 
part D, subpart 1 of the CAA, including the demonstration of reasonably 
available control measures (RACM), reasonable further progress (RFP), 
emission inventories, transportation conformity motor vehicle emission 
budgets for 2008, and contingency measures to be implemented if the 
Phoenix-Mesa nonattainment area fails to attain by June 15, 2009.

II. Public Comments and EPA Responses

    EPA provided a 30-day public comment period on our proposed action. 
This comment period ended on May 11, 2012. We received no comments.

III. EPA Action

    Under CAA section 110(k)(3), EPA is fully approving the 2007 Ozone 
Plan for Phoenix-Mesa based on our determination that it meets all 
applicable requirements under subpart 1 of part D, title I of the CAA 
for the 1997 8-hour ozone NAAQS, as follows:
    1. The 2002 base year emission inventory as meeting the 
requirements of CAA section 172(c)(3) and 40 CFR 51.915;
    2. The reasonably available control measures demonstration as 
meeting the requirements of CAA section 172(c)(1) and 40 CFR 51.912(d);
    3. The reasonable further progress demonstration as meeting the 
requirements of CAA section 172(c)(2) and 40 CFR 51.910;
    4. The attainment demonstration as meeting the requirements of CAA 
section 172(c)(1) and 40 CFR 51.908;
    5. The contingency measures for failure to make RFP or to attain as 
meeting the requirements of CAA section 172(c)(9); and
    6. The motor vehicle emission budgets for the attainment year of 
2008, which are derived from the attainment demonstration, as meeting 
the requirements of CAA section 176(c) and 40 CFR part 93, subpart A.

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 disproportionate human health or environmental effects with 
practical, appropriate, 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 August 13, 2012. 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, Ozone, Nitrogen dioxide, Volatile organic compounds.

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

    Dated: May 25, 2012.
Jared Blumenfeld,
Regional Administrator, EPA Region IX.
    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

[[Page 35287]]

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)(149) to read as 
follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (149) The following plan was submitted on June 13, 2007 by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional Materials. (A) Arizona Department of Environmental 
Quality. (1) Letter dated June 13, 2007 from Stephen A. Owens, 
Director, ADEQ, to Wayne Nastri, Regional Administrator, United States 
Environmental Protection Agency, Region IX.
    (2) Eight-Hour Ozone Plan for the Maricopa Nonattainment Area, 
dated June 2007, including Appendices, Volumes One and Two.

[FR Doc. 2012-13817 Filed 6-12-12; 8:45 am]
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