[Federal Register Volume 79, Number 61 (Monday, March 31, 2014)]
[Rules and Regulations]
[Pages 17879-17881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07115]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0984; FRL-9904-83-Region 9]


Revisions to the Arizona State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action under the Clean Air Act to approve a revision to the 
Arizona State Implementation Plan (SIP). This revision concerns 
particulate matter emissions from dust generating operations that do 
not already have a permit within the Phoenix planning area. We are 
approving a state statute that requires the Arizona Department of 
Environmental Quality to develop and adopt a general permit that 
specifies episodic best management practices that are to be implemented 
by certain dust-generating activities.

DATES: This rule is effective on May 30, 2014 without further notice, 
unless EPA receives adverse comments by April 30, 2014. If we receive 
such comments, we will publish a timely withdrawal in the Federal 
Register to notify the public that this direct final rule will not take 
effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2012-0984, 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

[[Page 17880]]

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 94105-3901. 
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: 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. The State's Submittal
    A. What statute did the State submit?
    B. Are there other versions of this statute?
    C. What is the purpose of the submitted statute?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the statute?
    B. Does the statute meet the evaluation criteria?
    C. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What statute did the State submit?

    Table 1 lists the Arizona statute we are approving along with the 
date that it came into effect and the date it was submitted by the 
Arizona Department of Environmental Quality (ADEQ) as a revision to the 
Arizona SIP.

                                            Table 1--Arizona Statute
----------------------------------------------------------------------------------------------------------------
                  Statute No.                             Statute title           Effective date     Submitted
----------------------------------------------------------------------------------------------------------------
Arizona Revised Statutes (ARS) section 49-      Dust action general permit; best        07/20/11        05/25/12
 457.05 (only A, B, D, and I).                   management practices;
                                                 applicability; definitions.
----------------------------------------------------------------------------------------------------------------

    ADEQ included the statute addressed in this document in the 
submittal of Maricopa Association of Government's (MAG's) MAG 2012 Five 
Percent Plan for PM-10 for the Maricopa County Nonattainment Area (May 
2012) (``MAG Five Percent Plan''). On July 13, 2012, EPA determined 
that the submittal of Arizona Revised Statutes (ARS) section 49-457.05 
(only A, B, C, D, and I) met the completeness criteria in 40 CFR Part 
51 Appendix V, which must be met before formal EPA review. On September 
26, 2013, ADEQ withdrew paragraph C of ARS 49-457.05 from further 
consideration as part of the Arizona SIP.

B. Are there other versions of this statute?

    There is no previous version of 49-457.05 in the SIP.

C. What is the purpose of the submitted statute?

    Particulate matter (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. The new statute obligates ADEQ 
to develop and issue a dust action general permit for certain regulated 
activities within the Phoenix planning area, which is designated as a 
``serious'' nonattainment area for the national ambient air quality 
standard (NAAQS) for particulate matter with an aerodynamic diameter 
less than or equal to a nominal ten micrometers (PM10). 
Under the statute, the general permit must specify the Best Management 
Practices (BMPs) necessary to reduce or to prevent PM10 
emissions as soon as practicable before and during a day that is 
forecast by ADEQ to be at high risk of dust generation. The statute 
applies to the Phoenix planning area PM10 nonattainment 
area, which is classified as ``serious''. The specific BMPs and other 
requirements are contained in the dust action general permit itself, 
which ADEQ adopted and included as appendix C, exhibit 3 of the MAG 
Five Percent Plan. EPA will take action on the dust action general 
permit in a separate rulemaking. EPA's technical support document (TSD) 
has more information about this statute.

II. EPA's Evaluation and Action

A. How is EPA evaluating the statute?

    Generally, SIP requirements must be enforceable (see section 110(a) 
of the Act) and must not modify the SIP inconsistent with sections 
110(l) and 193.
    Guidance and policy documents that we use to evaluate 
enforceability 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.

B. Does the statute meet the evaluation criteria?

    We believe this statute is consistent with the relevant policy and 
guidance regarding enforceability and SIP

[[Page 17881]]

relaxations. The TSD has more information on our evaluation.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted statute because we believe it fulfills all 
relevant requirements. We do not think anyone will object to this 
approval, so we are finalizing it without proposing it in advance. 
However, in the Proposed Rules section of this Federal Register, we are 
simultaneously proposing approval of the same submitted statute. If we 
receive adverse comments by April 30, 2014, we will publish a timely 
withdrawal in the Federal Register to notify the public that the direct 
final approval will not take effect and we will address the comments in 
a subsequent final action based on the proposal. If we do not receive 
timely adverse comments, the direct final approval will be effective 
without further notice on May 30, 2014. This will incorporate this 
statute 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 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 May 30, 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the Proposed 
Rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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: December 16, 2013.
Jared Blumenfeld,
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 paragraph (c)(157)(i)(A)(10) to 
read as follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (157) * * *
    (i) * * *
    (A) * * *
    (10) Arizona Revised Statutes (West, 2012 Cumulative Pocket Part): 
Title 49 (the environment), chapter 3 (air quality), article 2 (state 
air pollution control), section 49-457.05 (``Dust action general 
permit; best management practices; applicability; definitions''), 
excluding paragraph C and paragraphs E, F, G, and H.
* * * * *
[FR Doc. 2014-07115 Filed 3-28-14; 8:45 am]
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