[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Rules and Regulations]
[Pages 72579-72580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28244]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0194; FRL-9838-6]


Revisions to the Arizona State Implementation Plan, Maricopa 
County Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing approval of revisions to the Maricopa County 
Area portion of the Arizona State Implementation Plan (SIP). This 
action was proposed in the Federal Register on April 19, 2013 and 
concerns particulate matter (PM) emissions from fugitive dust sources. 
We are approving local statutes that regulate these emission sources 
under the Clean Air Act (CAA or the Act).

DATES: This final rule is effective on January 2, 2014.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2013-0194 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 94105-
3901. 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: Christine Vineyard, EPA Region IX, 
(415) 947-4125, [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 19, 2013 (78 FR 23527), EPA proposed to approve the 
following statutes into the Arizona SIP.

 
----------------------------------------------------------------------------------------------------------------
              Local agency                Statute No.             Rule title              Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
ADEQ....................................     9-500.04  Air Quality Control;                07/02/07     05/25/12
                                                        Definitions.
ADEQ....................................       11-877  Air Quality Control Measures...     07/02/07     05/25/12
ADEQ....................................    49-457.01  Leaf Blower Use Restrictions        07/02/07     05/25/12
                                                        and Training; Leaf Blowers
                                                        Equipment Sellers;
                                                        Informational Material;
                                                        Outreach; Applicability.
ADEQ....................................    49-474.01  Additional Board Duties in          07/02/07     05/25/12
                                                        Vehicle Emissions Control
                                                        Areas; Definitions.
ADEQ....................................    49-474.05  Dust Control; Training; Site        07/02/07     05/25/12
                                                        Coordinators.
ADEQ....................................    49-474.06  Dust Control Subcontractor          07/02/07     05/25/12
                                                        Registration; Fee.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these statutes because we determined that 
they complied with the relevant CAA requirements. Our proposed action 
contains more information on the statutes 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 set of comments which were 
submitted anonymously to the docket for this action at 
www.regulations.gov. These comments clearly support our April 2013 
proposed approval, but also present several concerns regarding 
Arizona's efforts to reduce PM10 pollution. Specifically, 
the comments recommend stronger control of emissions from leaf blowers, 
expanding leaf blowers requirements beyond county employees, control of 
leaf blowers in vacuum mode, control of leaf blowers on permitted 
sites, and greater efforts to control coccidioidomycosis.

[[Page 72580]]

These are all constructive comments that could help reduce the harmful 
effects of pollution in Arizona. However, we have no authority to 
require such regulatory improvements as part of today's action on the 
submitted Arizona statues.

III. EPA Action

    No comments were submitted that change our assessment of the 
statutes as described in our proposed action. Therefore, as authorized 
in section 110(k)(3) of the Act, EPA is fully approving these statutes 
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 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 February 3, 2014. 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, Volatile organic compounds.

    Dated: June 28, 2013.
Alexis Strauss,
Acting Regional Administrator, Region IX.

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

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 paragraphs (c)(157)(i)(A)(3) 
through (5) to read as follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (157) * * *
    (i) * * *
    (A) * * *
    (3) Arizona Revised Statutes (Thomson/West, 2008): Title 9 (cities 
and towns), chapter 4 (general powers), article 8 (miscellaneous), 
section 9-500.04 (``Air quality control; definitions''), excluding 
paragraphs A.1, A.2, A.4, and A.10; paragraphs B through G; and 
paragraph I.
    (4) Arizona Revised Statutes (West, 2012): Title 11 (counties), 
chapter 6 (county planning and zoning), article 6 (air quality), 
section 11-877 (``Air quality control measures'').
    (5) Arizona Revised Statutes (Thomson/West, 2005 main volume, 2012 
Cumulative Pocket Part):
    (i) Title 49 (the environment), chapter 3 (air quality), article 2 
(state air pollution control), section 49-457.01 (``Leaf blower use 
restrictions and training; leaf blowers equipment sellers; 
informational material; outreach; applicability''); and
    (ii) Title 49 (the environment), chapter 3 (air quality), article 3 
(county air pollution control), sections 49-474.01 (``Additional board 
duties in vehicle emissions control areas; definitions''), excluding 
paragraphs A.1 through A.3, A.9, A.10, paragraphs C through G, and 
paragraph I; 49-474.05 (``Dust control; training; site coordinators''); 
and 49-474.06 (``Dust control; subcontractor registration; fee'').
* * * * *
[FR Doc. 2013-28244 Filed 12-2-13; 8:45 am]
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