[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)]
[Rules and Regulations]
[Pages 47859-47862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19499]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0258; FRL-9926-72-Region 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)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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. In addition, we are 
approving several state provisions addressing CAA conflict of interest 
and monitoring requirements into the Arizona SIP.

DATES: This final rule is effective on September 9, 2015.

ADDRESSES: EPA has established a docket for this action, identified by 
Docket ID Number EPA-R09-OAR-2014-0258. 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.

[[Page 47860]]

Table of Contents

I. Background
II. EPA's Response to Comments
III. Final Action
IV. Incorporation by Reference
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, 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 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 U.S. Environmental Protection Agency 
(EPA) issued a revised NAAQS for Pb.\1\ That 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\ 
That 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 that 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 several infrastructure SIP revisions pursuant to EPA's 
promulgation of the NAAQS addressed by this rule, including the 
following:
     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 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).
     December 6, 2013--``Submittal of Maricopa County Rule 100 
revising the Maricopa County Portion of the Arizona State 
Implementation Plan for Section 110(a)(2) Infrastructure'' from Eric 
Massey, Director of ADEQ (2013 Maricopa County Submittal). Maricopa 
County Rule 100 was submitted to address a deficiency in section 
110(a)(2)(E)(ii) of the SIP for Maricopa County concerning conflict of 
interest requirements for hearing boards.
     December 19, 2013--``Submittal of Pima County Rules 
revising the Pima County Portion of the Arizona State Implementation 
Plan for Section 110(a)(2) Infrastructure'' from Eric Massey, Director 
of ADEQ (2013 Pima County Submittal). This submittal included Pima 
County Rule 17.04.190 ``Composition,'' adopted September 28, 1993; Pima 
County Rule 17.12.040 ``Reporting for Compliance Evaluations,'' adopted 
September 28, 1993; and Pima County Rule 17.24.040 ``Reporting 
Requirements,'' adopted April 19, 2005 for inclusion into the Arizona 
SIP. These rules were submitted to address deficiencies in section 
110(a)(2)(E)(ii) of the SIP concerning conflict of interest 
requirements for hearing boards and section 110(a)(2)(F) of the SIP 
concerning stationary source monitoring and reporting.

[[Page 47861]]

     September 4, 2014--``Submittal of Pinal County Rule 1-3-
140 Revising the Pinal County Portion of the Arizona State 
Implementation Plan for Section 110(a)(2) Infrastructure'' from Eric 
Massey, Director of ADEQ (2014 Pinal County Submittal). This submittal 
included Pinal County Rule 1-3-140 ``Definitions,'' adopted July 23, 
2014 for inclusion into the Arizona SIP. Pinal County Rule 1-3-140 was 
submitted to address a deficiency in section 110(a)(2)(E)(ii) of the 
SIP for Pinal County concerning conflict of interest requirements for 
hearing boards.

II. EPA's Response to Comments

    The public comment period on EPA's proposed rule opened on November 
24, 2014, the date of its publication in the Federal Register at 79 FR 
69796, and closed on December 24, 2014. During that period, EPA did not 
receive any comments.

III. Final Action

    Under CAA section 110(k)(3) and based on the evaluation and 
rationale presented in the proposed rule, the technical support 
document and this final rule, EPA is approving the 2011 Pb I-SIP 
Submittal, the 2012 Ozone I-SIP Submittal, the 2013 Maricopa County 
Submittal, the 2013 Pima County Submittal and the 2014 Pinal County 
Submittal with respect to the following infrastructure SIP 
requirements:
     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)(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)(L): Permitting fees.
     Section 110(a)(2)(M): Consultation/participation by 
affected local entities.
    In addition, we are approving into the SIP certain regulatory 
provisions included in the 2013 Pima County and Maricopa County 
Submittals, and in the 2014 Pinal County Submittal, as discussed in the 
TSD.\9\
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    \9\ Copies of these Arizona county regulations are included in 
the 2013 Pima County and Maricopa County Submittals, and 2014 Pinal 
County Submittal, which are available in the docket for this action 
and online at http://regulations.gov, docket number EPA-R09-OAR-
2014-0258.
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    We are not acting today on those elements of the infrastructure SIP 
that address the requirements of sections 110(a)(2)(C), (D), (J) and 
(K) of the Act. On October 29, 2012, ADEQ submitted ``New Source Review 
State Implementation Plan Submission'' and on July 2, 2014 submitted 
``Supplemental Information to 2012 New Source Review State 
Implementation Plan Submission''. These submissions address the 
permitting portions of I-SIP elements in sections 110(a)(2)(C), (D), 
(J) and (K) of the Act and will be addressed in a subsequent 
rulemaking.
    Section 110(l) of the Act prohibits EPA from approving any SIP 
revision that would interfere with any applicable requirement 
concerning attainment and reasonable further progress (RFP) or any 
other applicable requirement of the Act. All of the elements of the 
infrastructure SIP that we are approving, as explained in the TSD, 
improve the SIP by replacing obsolete statutes or regulations and by 
updating the state and local agencies' SIP implementation and 
enforcement authorities. We have determined that our approval of the 
elements discussed above complies with CAA section 110(l) because the 
SIP revision would not interfere with the on-going process for ensuring 
that requirements for RFP and attainment of the NAAQS are met, and the 
SIP revision clarifies and updates the SIP. Our TSD contains a more 
detailed discussion of our evaluation.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
Arizona Regulations described in the amendments to 40 CFR part 52 set 
forth below. The EPA has made, and will continue to make, these 
documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

V. 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 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 
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, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    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 as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Lead, Reporting and 
recordkeeping requirements.


[[Page 47862]]


    Dated: February 19, 2015.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Editorial Note: This document was received for publication by 
the Office of the Federal Register on August 4, 2015.

    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)(166), (167), 
(168), (169), and (170) to read as follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (166) The following plan was submitted on October 14, 2011, by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional materials.
    (A) Arizona Department of Environmental Quality.
    (1) Arizona State Implementation Plan Revision under Clean Air Act 
Section 110(a)(1) and (2); Implementation of the 2008 Lead National 
Ambient Air Quality Standards, excluding the appendices.
    (167) The following plan was submitted on December 27, 2012 by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional materials.
    (A) Arizona Department of Environmental Quality.
    (1) Arizona State Implementation Plan Revision under Clean Air Act 
Section 110(a)(1) and (2); 2008 8-hour Ozone NAAQS, excluding the 
appendices.
    (168) The following plan was submitted on December 6, 2013 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa County Air Quality Department.
    (1) Maricopa County Air Pollution Control Regulations, Rule 100 
(``General Provisions and Definitions''), section 100 (``General''), 
subsection 108 (``Hearing Board''), revised September 25, 2013.
    (169) The following plan was submitted on December 19, 2013 by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional materials.
    (A) Pima County Department of Environmental Quality.
    (1) Board of Supervisors of Pima County, Arizona, Ordinance No. 
1993-128, Section 1, 17.040.190 ``Composition'' Section 6, 17.24.040 
``Reporting for compliance evaluations'' adopted September 28, 1993.
    (2) Board of Supervisors of Pima County, Arizona, Ordinance 2005-
43, Chapter 17.12, Permits and Permit Revisions, section 2,17.12.040 
``Reporting Requirements'' adopted April 19, 2005.
    (170) The following plan was submitted on September 4, 2014 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Pinal County Air Quality Control District.
    (1) Pinal County Board of Supervisors, Resolution No. 072314-AQ1, 
1-3-140, Definitions, 74, Hearing Board, including new text that is 
underlined and excluding removed text which was struck by the board, 
effective July 23, 2014.
0
3. Section 52.123 is amended by revising paragraphs (l), (m), and (n) 
to read as follows:


Sec.  52.123  Approval status.

* * * * *
    (l) 1997 8-hour ozone NAAQS: The SIPs submitted on October 14, 2009 
and August 24, 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.
    (m) 1997 PM2.5 NAAQS: The SIPs submitted on October 14, 2009 and 
August 24, 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.
    (n) 2006 PM2.5 NAAQS: The SIPs submitted on October 14, 2009 and 
August 24, 2012 are fully or partially disapproved for Clean Air Act 
(CAA) elements 110(a)(2)(C), (D)(i)(II) (interfere with measures in any 
other state to prevent significant deterioration of air quality), 
(D)(ii), (J) and (K) for all portions of the Arizona SIP.

[FR Doc. 2015-19499 Filed 8-7-15; 8:45 am]
 BILLING CODE 6560-50-P