[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Rules and Regulations]
[Pages 40905-40909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17057]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0297; FRL-9930-28-Region 9


Partial Approval and Partial Disapproval of Air Quality State 
Implementation Plans; Arizona; Infrastructure Requirements for Lead and 
Ozone

AGENCY: Environmental Protection Agency (EPA).

[[Page 40906]]


ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is partially 
approving and partially disapproving State Implementation Plan (SIP) 
revisions submitted by the State of Arizona to address the requirements 
of section 110(a)(1) and (2) of the Clean Air Act (CAA) for the 2008 
Lead (Pb) and 2008 ozone national ambient air quality standards 
(NAAQS). Section 110(a) of the CAA requires that each State adopt and 
submit a SIP for the implementation, maintenance, and enforcement of 
each NAAQS promulgated by EPA. We refer to such SIP revisions as 
``infrastructure'' SIPs because they are intended to address basic 
structural SIP requirements for new or revised NAAQS including, but not 
limited to, legal authority, regulatory structure, resources, permit 
programs, monitoring, and modeling necessary to assure attainment and 
maintenance of the standards.

DATES: This final rule is effective on August 13, 2015.

ADDRESSES: EPA has established a docket for this action, identified by 
Docket ID Number EPA-R09-OAR-2015-0297. The index to the docket for 
this action is available electronically at http://www.regulations.gov 
and in hard copy at EPA Region IX, 75 Hawthorne, San Francisco, 
California. While all documents in the docket are listed in the index, 
some information may be publically available only at the hard copy 
location (e.g., copyrighted material) and some may not be publically 
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 
directly below.

FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, Office of Air Planning, 
U.S. Environmental Protection Agency, Region 9, (415) 947-4152, email: 
[email protected].

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

Table of Contents

I. Background
II. Proposed Action
III. Public Comments and EPA Responses
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background

    CAA section 110(a)(1) requires each state to submit to EPA, within 
three years after the promulgation of a primary or secondary NAAQS or 
any revision thereof, an infrastructure SIP revision that provides for 
the implementation, maintenance, and enforcement of such NAAQS. Section 
110(a)(2) sets the content requirements of such a plan, which generally 
relate to the information and authorities, compliance assurances, 
procedural requirements, and control measures that constitute the 
``infrastructure'' of a state's air quality management program. These 
infrastructure SIP elements required by section 110(a)(2) are as 
follows:
     Section 110(a)(2)(A): Emission limits and other control 
measures.
     Section 110(a)(2)(B): Ambient air quality monitoring/data 
system.
     Section 110(a)(2)(C): Program for enforcement of control 
measures and regulation of new and modified stationary sources.
     Section 110(a)(2)(D)(i): Interstate pollution transport.
     Section 110(a)(2)(D)(ii): Interstate and international 
pollution abatement.
     Section 110(a)(2)(E): Adequate resources and authority, 
conflict of interest, and oversight of local and regional government 
agencies.
     Section 110(a)(2)(F): Stationary source monitoring and 
reporting.
     Section 110(a)(2)(G): Emergency episodes.
     Section 110(a)(2)(H): SIP revisions.
     Section 110(a)(2)(J): Consultation with government 
officials, public notification, prevention of significant deterioration 
(PSD), and visibility protection.
     Section 110(a)(2)(K): Air quality modeling and submittal 
of modeling data.
     Section 110(a)(2)(L): Permitting fees.
     Section 110(a)(2)(M): Consultation/participation by 
affected local entities.
    Two elements identified in section 110(a)(2) are not governed by 
the three-year submittal deadline of section 110(a)(1) and are 
therefore not addressed in this action. These two elements are: (i) 
Section 110(a)(2)(C) to the extent it refers to permit programs 
required under part D (nonattainment new source review (NSR)), and (ii) 
section 110(a)(2)(I), pertaining to the nonattainment planning 
requirements of part D. As a result, this action does not address 
infrastructure for the nonattainment NSR portion of section 
110(a)(2)(C) or the whole of section 110(a)(2)(I).
    On November 12, 2008, the EPA issued a revised NAAQS for Pb.\1\ 
This action triggered a requirement for states to submit an 
infrastructure SIP to address the applicable requirements of section 
110(a)(2) within three years of issuance of the revised NAAQS. On 
October 14, 2011, EPA issued ``Guidance on Section 110 Infrastructure 
SIPs for the 2008 Pb NAAQS'', referred to herein as EPA's 2011 Pb 
Guidance.\2\ Depending on the timing of a given submittal, some states 
relied on the earlier draft version of this guidance, referred to 
herein as EPA's 2011 Draft Pb Guidance.\3\ EPA issued additional 
guidance on infrastructure SIPs on September 13, 2013.\4\
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    \1\ 73 FR 66964 (November 12, 2008). The 1978 Pb standard (1.5 
[micro]g/m\3\ as a quarterly average) was modified to a rolling 3 
month average not to be exceeded of 0.15 [micro]g/m\3\. EPA also 
revised the secondary NAAQS to 0.15 [micro]g/m\3\ and made it 
identical to the revised primary standard. Id.
    \2\ See Memorandum from Stephen D. Page, Director, Office of Air 
Quality Planning and Standards, to Regional Air Division Directors, 
Regions 1-10 (October 14, 2011).
    \3\ ``DRAFT Guidance on SIP Elements Required Under Sections 
110(a)(1) and (2) for the 2008 Lead (Pb) National Ambient Air 
Quality Standards (NAAQS),'' June 17, 2011 version.
    \4\ See Memorandum dated September 13, 2013 from Stephen D. 
Page, Director, EPA Office of Air Quality Planning and Standards, to 
Regional Air Directors, EPA Regions 1-10, ``Guidance on 
Infrastructure State Implementation Plan (SIP) Elements under Clean 
Air Act Sections 110(a)(1) and 110(a)(2)'' (referred to herein as 
``2013 Infrastructure SIP Guidance'').
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    On March 27, 2008, EPA issued a revised NAAQS for 8-hour Ozone.\5\ 
This action triggered a requirement for states to submit an 
infrastructure SIP to address the applicable requirements of section 
110(a)(2) within three years of issuance of the revised NAAQS. EPA did 
not, however, prepare guidance at this time for states in submitting I-
SIP revisions for the 2008 Ozone NAAQS.\6\ On September 13, 2013, EPA 
issued ``Guidance of Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2),'' which 
provides advice on the development of infrastructure SIPs for the 2008 
ozone NAAQS (among other pollutants) as well as infrastructure SIPs for 
new or revised NAAQS promulgated in the future.\7\
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    \5\ 73 FR 16436 (March 27, 2008).
    \6\ Preparation of guidance for the 2008 Ozone NAAQS was 
postponed given EPA's reconsideration of the standard. See 78 FR 
34183 (June 6, 2013).
    \7\ See Memorandum dated September 13, 2013 from Stephen D. 
Page, Director, EPA Office of Air Quality Planning and Standards, to 
Regional Air Directors, EPA Regions 1-10, ``Guidance on 
Infrastructure State Implementation Plan (SIP) Elements under Clean 
Air Act Sections 110(a)(1) and 110(a)(2)'' (referred to herein as 
``2013 Infrastructure SIP Guidance'').
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    The Arizona Department of Environmental Quality (ADEQ) has 
submitted infrastructure SIP revisions pursuant to EPA's promulgation 
of the NAAQS addressed by this rule, including the following:

[[Page 40907]]

     October 14, 2011--``Arizona State Implementation Plan 
Revision under Clean Air Act Section 110(a)(1) and (2); 2008 Lead 
NAAQS,'' to address all of the CAA section 110(a)(2) requirements, 
except for section 110(a)(2)(G),\8\ for the 2008 Pb NAAQS (2011 Pb I-
SIP Submittal).
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    \8\ In a separate rulemaking, EPA fully approved Arizona's SIP 
to address the requirements regarding air pollution emergency 
episodes in CAA section 110(a)(2)(G) for the 1997 8-hour ozone 
NAAQS. 77 FR 62452 (October 15, 2012). Although ADEQ did not submit 
an analysis of Section 110(a)(2)(G) requirements, we discuss them in 
our technical support document (TSD), which is in the docket for 
this rulemaking.
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     December 27, 2012--``Arizona State Implementation Plan 
Revision under Clean Air Act Section 110(a)(1) and (2); 2008 8-hour 
Ozone NAAQS,'' to address all of the CAA section 110(a)(2) requirements 
for the 2008 8-hour Ozone NAAQS (2012 Ozone I-SIP Submittal).
    On February 19, 2015 EPA approved elements of the above submittals 
with respect to the 2008 Pb and 2008 8-hour ozone NAAQS infrastructure 
requirements in CAA sections 110(a)(2)(A), (B), (E), (F), (G), (H), (L) 
and (M).\9\ That action also explained that we would separately act on 
the permitting infrastructure SIP elements in CAA sections 
110(a)(2)(C), (D), (J), and (K) in a subsequent rulemaking. These 
permit related elements are the subject of today's final rule.
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    \9\ ``Approval and Promulgation of State Implementation Plans; 
Arizona; Infrastructure requirements for the 2008 Lead (Pb) and the 
2008 8-Hour Ozone National Ambient Air Quality Standards (NAAQS)'' 
was signed on February 19, 2015 but, as of June 29, 2015, has not 
yet published in the Federal Register. This action was proposed in 
the Federal Register on November 24, 2014 (79 FR 69796).
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    In addition to the above 2011 and 2012 infrastructure SIP 
submittals, ADEQ submitted ``New Source Review State Implementation 
Plan Submission'' on October 29, 2012, and ``Supplemental Information 
to 2012 New Source Review State Implementation Plan Submission'' on 
July 2, 2014 (NSR Submittals). In addition to addressing revisions to 
Arizona's NSR program, these submissions also relate to our analysis of 
infrastructure SIP elements in CAA sections 110(a)(2)(C), (D), (J), and 
(K).

II. Proposed Action

    On May 12, 2015 (80 FR 27127), EPA proposed to partially approve 
and partially disapprove Arizona's 2011 Pb I-SIP Submittal and 2012 
Ozone I-SIP Submittal with respect to the permitting infrastructure SIP 
elements in CAA sections 110(a)(2)(C), (D), (J), and (K). Our proposed 
action and associated technical support document (TSD) provide detailed 
discussion of Arizona's demonstration for each element. Generally, we 
proposed a partial approval because the submittals show that Arizona 
largely fulfills the relevant infrastructure requirements. But we 
proposed a simultaneous partial disapproval because of these 
deficiencies:
     With respect to Sec.  110(a)(2)(C), EPA proposed to: (1) 
Disapprove the 2011 Pb and 2012 Ozone Infrastructure SIPs for ADEQ and 
Pinal County because the SIP-approved PSD programs lack certain 
``structural'' PSD program elements as identified in our TSD; and (2) 
disapprove both Infrastructure SIPs for Maricopa and Pima counties, 
which do not have SIP approved PSD programs.
     With respect to the third prong of Sec.  110(a)(D)(i), EPA 
proposed to disapprove both Infrastructure SIPs regarding 
``structural'' PSD requirements under Sec.  110(a)(2)(C).
     With respect to Sec.  110(a)(2)(D)(ii), EPA proposed to 
disapprove both Infrastructure SIPs with respect to Maricopa County and 
Pima County, which do not have SIP approved PSD programs.
     With respect to Sec.  110(a)(2)(J), we proposed to 
disapprove both Arizona Infrastructure SIPs for failure to fully 
satisfy the requirements of part C relating to PSD.
     With respect to Sec.  110(a)(2)(K), we proposed to 
disapprove both Infrastructure SIPs because ADEQ, Pinal, Pima, and 
Maricopa counties have not submitted adequate provisions or a narrative 
that explain how existing state and county law satisfy the requirements 
of 110(a)(2)(K).

III. Public Comments and EPA Responses

    The public comment period on EPA's proposed rule opened on May 12, 
2015, the date of its publication in the Federal Register at 80 FR 
27127, and closed on June 11, 2015. During this period, EPA did not 
receive any comments. Therefore, EPA is finalizing our action as 
proposed.

IV. Final Action

    Under CAA section 110(k)(3) and based on the evaluation and 
rationale presented in the proposed rule, the TSD and this final rule, 
EPA is partially approving the 2011 Pb I-SIP Submittal and the 2012 
Ozone I-SIP Submittal with respect to the following infrastructure SIP 
requirements:
     Section 110(a)(2)(C) (in part): Program of enforcement of 
control measures and regulation of new and modified stationary sources.
     Section 110(a)(2)(D)(i) (in part): Interstate pollution 
transport.
     Section 110(a)(2)(D)(ii) (in part): Interstate pollution 
abatement and international air pollution.
     Section 110(a)(2)(J) (in part): Consultation with 
government officials, public notification, PSD, and visibility 
protection.
     Section 110(a)(2)(K): Air quality modeling and submission 
of modeling data.
    EPA is simultaneously partially disapproving the submittals because 
of deficiencies described in our proposed rule and TSD and summarized 
in the proposed rule section above. For all I-SIP elements that do not 
meet the CAA Sec.  110(a)(2) requirements there are existing FIPs in 
place, with the exception of the modeling requirements under CAA Sec.  
110(a)(2)(K) for Pinal County and ADEQ. To the extent our proposed 
approval or proposed disapproval of an I-SIP element relied on our 
March 18, 2015 proposed action on ADEQ's NSR SIP submittal, our final 
action on the I-SIP elements identified in this notice relies on our 
final action on ADEQ's NSR SIP submittal, signed contemporaneously 
primarily in the form of a limited approval/limited disapproval.\10\ 
Furthermore, the partial disapprovals in this action do not result in 
sanctions under section 179 of the Act because infrastructure SIPs are 
not required under Title I, Part D of the Act.
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    \10\ EPA's action on ADEQ's NSR SIP submittal was largely 
finalized as proposed, with the exception of certain changes in 
response to public comments. These changes resulted in our finding 
fewer bases for disapproval as compared with our proposed action on 
ADEQ's NSR SIP submittal and do not affect today's final action on 
Arizona's I-SIP submittals.
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V. Statutory and Executive Order Reviews

A. Executive Order 12866, Regulatory Planning and Review

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b).

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the

[[Page 40908]]

agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities. Small entities 
include small businesses, small not-for-profit enterprises, and small 
governmental jurisdictions.
    This rule will not have a significant impact on a substantial 
number of small entities because SIP partial approvals/partial 
disapprovals under section 110 and subchapter I, part D of the Clean 
Air Act do not create any new requirements but simply approve 
requirements that the State is already imposing. Therefore, because 
EPA's approval does not create any new requirements, I certify that 
this action will not have a significant economic impact on a 
substantial number of small entities.
    Moreover, due to the nature of the Federal-State relationship under 
the Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of State action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

D. Unfunded Mandates Reform Act

    Under sections 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the partial approval/partial disapproval 
action promulgated does not include a Federal mandate that may result 
in estimated costs of $100 million or more to either State, local, or 
tribal governments in the aggregate, or to the private sector. This 
Federal action approves pre-existing requirements under State or local 
law, and imposes no new requirements. Accordingly, no additional costs 
to State, local, or tribal governments, or to the private sector, 
result from this action.

E. Executive Order 13132, Federalism

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Orders 12612 (Federalism) and 12875 (Enhancing the 
Intergovernmental Partnership). Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' Under Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132, because it 
merely approves a State rule implementing a Federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. Thus, the 
requirements of section 6 of the Executive Order do not apply to this 
rule.

F. Executive Order 13175, Coordination With Indian Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires the EPA to develop an accountable process to ensure 
``meaningful and timely input by tribal officials in the development of 
regulatory policies that have tribal implications.'' This final rule 
does not have tribal implications, as specified in Executive Order 
13175. It will not have substantial direct effects on tribal 
governments, on the relationship between the Federal government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian tribes. In addition, the SIP 
is not approved to apply on any Indian reservation land or in any other 
area where EPA or an Indian tribe has demonstrated that a tribe has 
jurisdiction. In those areas of Indian country, the rule does not have 
tribal implications and will not impose substantial direct costs on 
tribal governments or preempt tribal law. Thus, Executive Order 13175 
does not apply to this rule.

G. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern health or 
safety risks, such that the analysis required under section 5-501 of 
the Executive Order has the potential to influence the regulation. This 
rule is not subject to Executive Order 13045, because it approves a 
State rule implementing a Federal standard.

H. Executive Order 13211, Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

[[Page 40909]]

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    Executive Order (E.O.) 12898 (59 FR 7629 (Feb. 16, 1994)) 
establishes federal executive policy on environmental justice. Its main 
provision directs federal agencies, to the greatest extent practicable 
and permitted by law, to make environmental justice part of their 
mission by identifying and addressing, as appropriate, 
disproportionately high and adverse human health or environmental 
effects of their programs, policies, and activities on minority 
populations and low-income populations in the United States.
    EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.

K. Congressional Review Act

    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 rule 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). This rule will be effective August 13, 2015.

L. Petitions for Judicial Review

    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 September 14, 2015. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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, Ozone, Lead, Reporting and 
recordkeeping requirements.

    Dated: June 29, 2015.
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 52.123 is amended by adding paragraphs (o) and (p) to read 
as follows:


Sec.  52.123  Approval status.

* * * * *
    (o) 2008 8-hour ozone NAAQS: The SIPs submitted on October 14, 2011 
and December 27, 2012 are fully or partially disapproved for Clean Air 
Act (CAA) elements 110(a)(2)(C), (D)(ii), (J) and (K) for all portions 
of the Arizona SIP.
    (p) 2008 Lead (Pb) NAAQS: The SIPs submitted on October 14, 2011 
and December 27, 2012 are fully or partially disapproved for Clean Air 
Act (CAA) elements 110(a)(2)(C), (D)(ii), (J) and (K) for all portions 
of the Arizona SIP.

[FR Doc. 2015-17057 Filed 7-13-15; 8:45 am]
 BILLING CODE 6560-50-P