[Federal Register Volume 78, Number 164 (Friday, August 23, 2013)]
[Proposed Rules]
[Pages 52485-52487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20654]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0576; FRL-9900-25-Region 9]


Revisions to the Arizona State Implementation Plan, Maricopa 
County Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the Maricopa County 
Area portion of the Arizona State Implementation Plan (SIP). These 
revisions concern particulate matter (PM) emissions from fugitive dust 
sources. We are approving local statutes that regulate these emission 
sources under the Clean Air Act as amended in 1990 (CAA or the Act). We 
are taking comments on this proposal and plan to follow with a final 
action.

DATES: Any comments must arrive by September 23, 2013.

ADDRESSES: Submit comments, identified by docket number [EPA-R09-OAR-
2013-0576], by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email: [email protected].
    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at www.regulations.gov, 
including any personal information provided, unless the comment 
includes Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Information that you 
consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through www.regulations.gov or email. 
www.regulations.gov is an ``anonymous access'' system, and EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send email directly to EPA, your email 
address will be automatically captured and included as part of the 
public comment. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses.
    Docket: Generally, documents in the docket for this action are 
available electronically at 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 at www.regulations.gov, some 
information may be publicly available only at the hard copy location 
(e.g., copyrighted material, large maps), 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: Nancy Levin, EPA Region IX, (415) 942-
3848, [email protected].

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

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. EPA's Evaluation and Action.
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations to Further Improve the Rules
    D. Public Comment and Proposed Action
III. Statutory and Executive Order Reviews

[[Page 52486]]

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the statutes addressed by this proposal with the 
dates that they were signed into law by the Governor and submitted by 
the Arizona Department of Environmental Quality.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
    Arizona statute       Statute title            Signed                 Submitted          Revised  submittal
----------------------------------------------------------------------------------------------------------------
9-500.27..............  Off-road vehicle   July 2, 2007..........  May 25, 2012..........  May 21, 2013.
                         ordinance;
                         applicability;
                         violation;
                         classification.
11-871................  Emissions          July 2, 2007..........  May 25, 2012..........  May 21, 2013.
                         control; no
                         burn;
                         exemptions;
                         penalty.
28-1098...............  Vehicle loads;     July 2, 2007..........  May 25, 2012..........  May 21, 2013.
                         restrictions;
                         civil penalties.
49-457.03.............  Off-road           July 2, 2007..........  May 25, 2012..........  May 21, 2013.
                         vehicles;
                         pollution
                         advisory days;
                         applicability;
                         penalties.
49-457.04.............  Off-highway        July 2, 2007..........  May 25, 2012..........  May 21, 2013.
                         vehicle and all-
                         terrain vehicle
                         dealers;
                         informational
                         material;
                         outreach;
                         applicability.
49-501................  Unlawful open      July 2, 2007..........  May 25, 2012..........  May 21, 2013.
                         burning;
                         exceptions;
                         fine; definition.
----------------------------------------------------------------------------------------------------------------

    On July 20, 2012, EPA determined that the May 25, 2012 submittal of 
Arizona Revised Statutes (ARS) 9-500.27, 11-871, 28-1098, 49-457.03, 
49-457.04 and 49-501 met the completeness criteria in 40 CFR part 51 
Appendix V, which must be met before formal EPA review. On May 21, 2013 
ADEQ identified several statute subsections included in the May 25, 
2012 submittal for which Arizona no longer requested EPA SIP approval 
and provided a revised submittal.

B. Are there other versions of these rules?

    There are no previous versions of these statutes in the SIP, 
although the Maricopa Association of Governments submitted them with 
the 2007 Five Percent Plan for PM-10, which was subsequently withdrawn.

C. What is the purpose of the submitted rules?

    PM contributes to effects that are harmful to human health and the 
environment, including premature mortality, aggravation of respiratory 
and cardiovascular disease, decreased lung function, visibility 
impairment, and damage to vegetation and ecosystems. Section 110(a) of 
the CAA requires States to submit regulations that control PM 
emissions. These statutes regulate PM emissions from off-highway 
vehicles, all-terrain vehicles, off-road recreational motor vehicles, 
residential wood burning and vehicle loads. EPA's technical support 
documents (TSDs) have more information about these statutes. The State 
is not taking emission reduction credits for these statutes.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the 
Act) and must not relax existing requirements (see sections 110(l) and 
193).
    Guidance and policy documents that we use to evaluate these 
requirements consistently include the following:
    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations; Clarification to Appendix D of November 24, 1987 Federal 
Register Notice,'' (Blue Book), notice of availability published in the 
May 25, 1988 Federal Register.
    2. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57 
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    4. ``State Implementation Plans for Serious PM-10 Nonattainment 
Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas 
Generally; Addendum to the General Preamble for the Implementation of 
Title I of the Clean Air Act Amendments of 1990,'' 59 FR 41998 (August 
16, 1994).
    5. ``PM-10 Guideline Document,'' EPA 452/R-93-008, April 1993.
    6. ``Fugitive Dust Background Document and Technical Information 
Document for Best Available Control Measures,'' EPA 450/2-92-004, 
September 1992.

B. Do the rules meet the evaluation criteria?

    We believe these statutes are consistent with the relevant policy 
and guidance regarding enforceability and SIP relaxations. The TSDs 
have more information on our evaluation.

C. EPA Recommendations to Further Improve the Rules

    The TSDs describes additional rule revisions that we recommend for 
the next time Arizona modifies the rules but are not currently the 
basis for rule disapproval.

D. Public Comment and Proposed Action

    Because EPA believes the submitted statutes fulfill all relevant 
requirements, we are proposing to fully approve them as described in 
section 110(k)(3) of the Act. We will accept comments from the public 
on this proposal for the next 30 days. Unless we receive convincing new 
information during the comment period, we intend to publish a final 
approval action that will incorporate these rules into the federally 
enforceable SIP.

III. 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 proposed action merely proposes to approve State law 
as meeting Federal requirements and does not impose additional 
requirements beyond those imposed by State law. For that reason, this 
proposed 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

[[Page 52487]]

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 proposed action 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Particulate matter, Reporting and recordkeeping 
requirements.

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

    Dated: August 8, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2013-20654 Filed 8-22-13; 8:45 am]
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