[Federal Register Volume 79, Number 61 (Monday, March 31, 2014)]
[Rules and Regulations]
[Pages 17878-17879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07122]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0576; FRL-9904-75-Region 9]


Revisions to the Arizona State Implementation Plan, Maricopa 
County Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (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 August 23, 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 rule is effective on April 30, 2014.

ADDRESSES: EPA has established docket number EPA-OAR-2013-0576 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 August 23, 2013 (78 FR 52485), EPA proposed to approve the 
following statutes into the Arizona SIP.

                                           Table 1--Submitted Statutes
----------------------------------------------------------------------------------------------------------------
    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
                         (A, B, and C
                         only).
11-871................  Emissions          July 2, 2007..........  May 25, 2012..........  May 21, 2013.
                         control; no
                         burn;
                         exemptions;
                         penalty (A and B
                         only).
28-1098...............  Vehicle loads;     July 2, 2007..........  May 25, 2012..........  May 21, 2013.
                         restrictions;
                         civil penalties
                         (A.1-3).
49-457.03.............  Off-road           July 2, 2007..........  May 25, 2012..........  May 21, 2013.
                         vehicles;
                         pollution
                         advisory days;
                         applicability;
                         penalties (A and
                         B only).
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
                         (A.2, B.1, C,
                         and F only).
----------------------------------------------------------------------------------------------------------------

    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 no comments.

III. EPA Action

    No comments were submitted. 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.);

[[Page 17879]]

     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. 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 paragraphs (c)(157)(i)(A)(6) 
through (9) to read as follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (157) * * *
    (i) * * *
    (A) * * *
    (6) Arizona Revised Statutes (Thomson/West, 2008): Title 9 (cities 
and towns), chapter 4 (general powers), article 8 (miscellaneous), 
section 9-500.27 (``Off-road vehicle ordinance; applicability; 
violation; classification''), excluding paragraphs D and E.
    (7) Arizona Revised Statutes (West, 2012): Title 11 (counties), 
chapter 6 (county planning and zoning), article 6 (air quality), 
section 11-871 (``Emissions control; no burn; exemptions; penalty''), 
excluding paragraphs C through E.
    (8) Arizona Revised Statutes (West, 2012): Title 28 
(transportation), chapter 3 (traffic and vehicle regulation), article 
18 (vehicle size, weight and load), section 28-1098 (``Vehicle loads; 
restrictions; civil penalties''), excluding paragraphs B and C.
    (9) Arizona Revised Statutes (West, 2012 Cumulative Pocket Part):
    (i) Title 49 (the environment), chapter 3 (air quality), article 2 
(state air pollution control), sections 49-457.03 (``Off-road vehicles; 
pollution advisory days; applicability; penalties''), excluding 
paragraphs C and D; and 49-457.04 (``Off-highway vehicle and all-
terrain vehicle dealers; informational material; outreach; 
applicability''); and
    (ii) Title 49 (the environment), chapter 3 (air quality), article 3 
(county air pollution control), section 49-501 (``Unlawful open 
burning; exceptions; civil penalty; definition''), excluding paragraph 
A.1, paragraphs B.2 through B.6, and paragraphs D, E, G, and H.
* * * * *
[FR Doc. 2014-07122 Filed 3-28-14; 8:45 am]
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