[Federal Register Volume 77, Number 214 (Monday, November 5, 2012)]
[Rules and Regulations]
[Pages 66405-66406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26684]



[[Page 66405]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0470; FRL-9740-2]


Revisions to the Arizona State Implementation Plan, Arizona 
Department of Environmental Quality and 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 Arizona 
Department of Environmental Quality (ADEQ) and Maricopa County Air 
Quality Department (MCAQD) portions of the Arizona State Implementation 
Plan (SIP). This action was proposed in the Federal Register on June 
27, 2012 and concerns regulations that require monitoring and reporting 
of volatile organic compounds (VOC), oxides of nitrogen 
(NOX), and particulate matter (PM) emissions from stationary 
sources. We are approving local rules that regulate these emission 
sources under the Clean Air Act (CAA or the Act). We are not acting on 
two Pima County Department of Environmental Quality (PCDEQ) rules 
originally listed in our June 27, 2012 proposed action because official 
copies of these rules with public process documentation were not 
submitted for SIP approval.

DATES: These rules will be effective on December 5, 2012.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2012-0470 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 hours 
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Rynda Kay, EPA Region IX, (415) 947-
4118, [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

    EPA proposed to approve the following rules into the Arizona SIP in 
the Federal Register at 77 FR 38246, June 27, 2012.

----------------------------------------------------------------------------------------------------------------
          Local agency                Rule No.                                Rule title
----------------------------------------------------------------------------------------------------------------
ADEQ...........................  18-2-313..........  Existing Source Emission Monitoring.
ADEQ...........................  18-2-327..........  Annual Emissions Inventory Questionnaire.
MCAQD..........................  100, Section 500..  Monitoring and Records.
PCDEQ..........................  17.12.040.........  Reporting Requirements.
PCDEQ..........................  17.24.040.........  Reporting for Compliance Evaluations.
----------------------------------------------------------------------------------------------------------------

    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. Our proposed 
approval of these rules responded to a June 1, 2012 request from the 
State to parallel process versions of these rules. Our proposal 
explained that the above rules had not previously been submitted to us 
or had been adopted locally but had not been adopted specifically for 
purposes of approval into the federally enforceable SIP under CAA 
section 110.
    On August 24, 2012, ADEQ submitted to EPA the versions of ADEQ 18-
2-313 and 18-2-327 that were adopted locally on February 15, 2001 and 
December 7, 1995 respectively. On June 19, 2012, ADEQ submitted to EPA 
the version of Maricopa Rule 100, Section 500 that was adopted locally 
on March 15, 2006. On September 5, 2012, EPA determined that the 
submittal for ADEQ Rules 18-2-313 and 18-2-327, and MCAQD Rule 100, 
Section 500 met the completeness criteria in 40 CFR part 51 Appendix V, 
which must be met before formal EPA review. We have reviewed these 
versions of the rules, and they are unchanged from the versions we 
proposed for approval on June 27, 2012.
    On June 27, 2012, we also proposed approval of PCDEQ Rules 
17.12.040 and 17.24.040 contingent upon EPA's receipt of fully adopted 
rules that satisfy state and local procedural requirements for SIP 
submittals. PCDEQ Rule 17.12.040 was not submitted to EPA and while 
PCDEQ Rule 17.24.040 was submitted on August 24, 2012, it did not 
include evidence of public notice as required by 40 CFR part 51 
Appendix V. As such, we are not finalizing our action on these rules at 
this time. If these rules are subsequently submitted to EPA, we may 
finalize their approval in a future rulemaking contingent upon the 
rules being substantially identical to the rules in our June 27, 2012 
proposed action, and that the adopted rules satisfy relevant 
requirements for SIP submittals.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments.

III. EPA Action

    No comments were submitted. Therefore, as authorized in section 
110(k)(3) of the Act, EPA is fully approving Maricopa Rule 100, Section 
500, ADEQ Rule 18-2-313 and ADEQ Rule 18-2-327 into the Arizona SIP.

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

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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 January 4, 2013. 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, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: September 14, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Therefore, 40 CFR chapter I 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)(152) to read as 
follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (152) The following plan was submitted August 24, 2012, by the 
Governor's designee.
    (i) Incorporated by reference.
    (A) Arizona Department of Environmental Quality.
    (1) Arizona Administrative Code, title 18, chapter 2, article 3 
(Permits and Permit Revisions):
    (i) Section R18-2-313 (``Existing Source Emission Monitoring''), 
effective on February 15, 2001.
    (ii) Section R18-2-327, (``Annual Emissions Inventory 
Questionnaire''), effective on December 7, 1995.
    (B) Maricopa County Air Quality Department.
    (1) Rule 100, Section 500, ``Monitoring and Records,'' revised on 
March 15, 2006.
* * * * *
[FR Doc. 2012-26684 Filed 11-2-12; 8:45 am]
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