[Federal Register Volume 80, Number 200 (Friday, October 16, 2015)]
[Rules and Regulations]
[Pages 62457-62462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26023]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0240; FRL-9935-56-Region 9]


Approval of Implementation Plans; Arizona, Phoenix-Mesa; 2008 
Ozone Standard Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the Arizona State Implementation 
Plan (SIP) concerning the emission inventory, emission statements, 
reasonably available control technology corrections and the vehicle 
inspection and maintenance requirements for the Phoenix-Mesa 2008 
eight-Hour Ozone National Ambient Air Quality Standard (NAAQS) Marginal 
nonattainment area. We are approving these revisions under the Clean 
Air Act (CAA or the Act).

DATES: This rule is effective on December 15, 2015 without further 
notice, unless the EPA receives adverse comments by November 16, 2015. 
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-
2015-0240 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: Nancy Levin (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: Once submitted, comments cannot be edited or 
withdrawn. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. If you need to include CBI as part 
of your comment, please visit http://www.epa.gov/

[[Page 62458]]

dockets/comments.html for further instructions. Multimedia submissions 
(audio, video, etc.) must be accompanied by a written comment. The 
written comment is considered the official comment and should include 
discussion of all points you wish to make. For the full EPA public 
comment policy and general guidance on making effective comments, 
please visit http://www.epa.gov/dockets/comments.html.
    Docket: Generally, documents in the docket for this action are 
available electronically at 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 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: Nancy Levin, EPA Region IX, (415) 972-
3848, [email protected].

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

Table of Contents

I. Background
II. Procedural Requirements for Adoption and Submittal of SIP 
Revisions
III. Analysis of the State's Submittal
    A. Base Year Emissions Inventory
    B. Emission Statements
    C. Reasonably Available Control Technology Corrections
    D. Vehicle Inspection and Maintenance Programs
    E. Permit Programs: Nonattainment Area Preconstruction, New 
Source Review
    F. Offset Requirements
    G. Transportation Conformity
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background

    On March 12, 2008, the EPA strengthened the primary and secondary 
eight-hour ozone NAAQS to 0.075 ppm (annual fourth-highest daily 
maximum eight-hour concentration, averaged over three years) (73 FR 
16436).\1\ In accordance with section 107(d) of the CAA, the EPA must 
designate an area ``nonattainment'' if it is violating the NAAQS or if 
it is contributing to a violation of the NAAQS in a nearby area. The 
EPA designated the Phoenix-Mesa (hereinafter referred to as 
``Maricopa'') area as nonattainment for the 2008 ozone NAAQS on May 21, 
2012, effective July 20, 2012 (77 FR 30088). The Maricopa nonattainment 
area (NAA), which includes a portion of Maricopa County and a portion 
of Pinal County, was classified by operation of law as a Marginal 
nonattainment area (40 CFR 81.303). The Arizona Department of 
Environmental Quality (ADEQ) submitted the ``Maricopa Association of 
Governments 2014 Eight-Hour Ozone Plan--Submittal of Marginal Area 
requirements for the Maricopa Nonattainment Area (June 2014)'' (``MAG 
2014 Eight-Hour Ozone Plan'' or ``Submittal'') on July 2, 2014.
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    \1\ Since the 2008 primary and secondary NAAQS for ozone are 
identical, for convenience, we refer to both as ``the 2008 ozone 
NAAQS'' or ``the 2008 ozone standards.''
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    The EPA proposed the 2008 ozone NAAQS SIP Requirements Rule (SRR) 
on June 6, 2013 (78 FR 34178) and finalized the SRR on March 6, 2015 
(80 FR 12264, codified at 40 CFR part 51, subpart AA), effective April 
6, 2015. The SRR both promulgated implementation requirements for the 
2008 ozone NAAQS and revoked the 1997 ozone NAAQS.\2\
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    \2\ The SRR revokes the 1997 NAAQS, but not all of the 
requirements for implementing the 1997 NAAQS.
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    On August 27, 2015, the EPA proposed to reclassify the Maricopa NAA 
as Moderate for the 2008 ozone NAAQs because the Maricopa NAA failed to 
attain the 2008 ozone NAAQS by the Marginal area attainment deadline of 
July 20, 2015 (80 FR 51992). Should this action be finalized, the 
Maricopa NAA would be subject to additional requirements, including (1) 
an attainment demonstration; (2) provisions for reasonably available 
control technology (RACT) and reasonably available control measures 
(RACM); (3) reasonable further progress (RFP) reductions in volatile 
organic compounds (VOC) and/or nitrogen oxide (NOX) 
emissions; (4) contingency measures; (5) a vehicle inspection and 
maintenance program; and (6) NOX and VOC emission offsets at 
a ratio of 1.15 to 1 for major source permits (see 40 CFR part 51, 
subpart AA and CAA sections 182(b) and 172(c)). A SIP revision 
addressing all of these requirements would be due to the EPA by January 
1, 2017.\3\
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    \3\ 80 FR 51992, 51999.
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II. Procedural Requirements for Adoption and Submittal of SIP Revisions

    CAA section 110(a)(1) and 110(l) require states to provide 
reasonable notice and public hearing prior to adoption of SIP 
revisions. Section 110(k)(1)(B) requires the EPA to determine whether a 
SIP submittal is complete within 60 days of receipt. Any plan that we 
have not affirmatively determined to be complete or incomplete will 
become complete six months after the day of submittal by operation of 
law. A finding of completeness does not approve the submittal as part 
of the SIP nor does it indicate that the submittal is approvable. It 
does start a 12-month clock for the EPA to act on the SIP submittal 
(see CAA section 110(k)(2)).
    ADEQ's Submittal documents the public review process followed by 
MAG and ADEQ in adopting the ``MAG 2014 Eight-Hour Ozone Plan--
Submittal of Marginal Area Requirements for the Maricopa Nonattainment 
Area'' prior to submittal to the EPA as a revision to the SIP (See 
Appendix B.1). In addition, ADEQ's Submittal documents the adoption of 
the MAG 2014 Eight-Hour Ozone Plan by the MAG Regional Council and 
includes a letter dated June 27, 2014 from MAG to ADEQ, requesting that 
ADEQ submit the MAG 2014 Eight-Hour Ozone Plan to the EPA for approval.
    Based on the documentation included in ADEQ's Submittal, we find 
that the submittal of the MAG 2014 Eight-Hour Ozone Plan, as a SIP 
revision, satisfies the procedural requirements of sections 110(a)(1) 
and 110(l) of the Act requiring states to provide reasonable notice and 
public hearing prior to adoption of SIP revisions. The MAG 2014 Eight-
Hour Ozone Plan became complete by operation of law on January 2, 2015 
pursuant to section 110(k)(1)(B). The technical support document (TSD) 
for our action has more information on our evaluation.

III. Analysis of the State's Submittal

    For Marginal nonattainment areas, states are required to comply 
with sections 172(c) and 182(a) of the Act. Marginal areas have up to 
three years from the effective date of designation to attain the NAAQS 
(40 CFR 51.1103(a)). Unlike areas classified as Moderate and above, 
Marginal areas are not required to submit an attainment demonstration 
or RFP provisions (see CAA section 182(a) and 80 FR 12268). Below we 
summarize the CAA and SRR requirements, how they are addressed in the 
Submittal, and our recommended action. Please refer to the TSD in the 
docket for this action for additional information.

[[Page 62459]]

A. Base Year Emissions Inventory

1. Statutory and Regulatory Requirements
    CAA section 182(a)(1) and 40 CFR 51.1115(a) require states to 
submit a ``base year inventory'' for each 2008 ozone nonattainment area 
within two years of the effective date of designation. This inventory 
must be ``a comprehensive, accurate, current inventory of actual 
emissions from sources of VOC and NOX emitted within the 
boundaries of the nonattainment area as required by CAA section 
182(a)(1)'' (40 CFR 51.1100(bb), see also CAA section 172(c)(3)). The 
inventory year must be selected consistent with the baseline year for 
the RFP plan, which is typically the most recent calendar year for 
which a complete triennial inventory is required to be submitted to the 
EPA under the Air Emissions Reporting Requirements (AERR) (40 CFR part 
51, subpart A) (see 40 CFR 51.1115(a), 51.1110(b)). The emission values 
in the base year must be ``actual ozone season day emissions,'' i.e. 
``an average day's emissions for a typical ozone season work weekday.'' 
(40 CFR 51.1115(c), 51.1100(cc)).
2. Summary of the State's Submittal
    The Maricopa County Air Quality Department (MCAQD) prepared a base 
year emissions inventory, with the assistance of MAG, and MAG submitted 
the base year inventory as part of the MAG 2014 Eight-hour Ozone 
Plan.\4\ MCAQD selected 2011 as the base year. The base year inventory 
includes ozone season-day emissions from point sources, area sources, 
nonroad mobile sources, and on-road mobile sources. Appendix A, Exhibit 
1 of the MAG 2014 Eight-Hour Ozone Plan includes a description of the 
methods used to estimate emissions for each category (or subcategory).
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    \4\ MAG 2014 Eight-hour Ozone Plan, Table 1--Summary Table of 
Nonattainment Area Emissions from the Maricopa County Air Quality 
Department 2011 Periodic Emissions Inventory for Ozone Precursors, 
February 2014, page 5. See also Appendix A, Exhibit 1.
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    The following is a summary of the 2011 Maricopa NAA Emissions 
Inventory.\5\
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    \5\ MAG 2014 Eight-Hour Ozone Plan, Table 1, pp. 5-6.

                   Maricopa NAA 2011 Base Year Eight-Hour Ozone Season Day Emission Inventory
                                                [July-September]
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                  Category                       VOC lbs/day      % of Total       NOX lbs/day      % of Total
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Point sources...............................             4,908               1            15,407             3.1
Area sources:
    Fuel combustion.........................               593             0.1            23,484             4.8
    Industrial processes....................            17,452               4             1,490             0.3
    Solvent use.............................           166,557              34                 0               0
    Storage/transport.......................            28,766               6                 0               0
    Waste treatment/disposal................               838               0               316             0.1
    Miscellaneous area sources..............            13,650               3             6,532             1.3
Mobile--Non road sources....................           111,798              23           141,444            28.8
Mobile--On road sources.....................           148,186              30           301,824            61.5
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    Total (excluding biogenic) *............           492,748             100           490,495           100.0
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* Differences due to rounding.

    The TSD for this action contains more information about how MCAQD 
developed the emission inventory (EI) data for each category of 
sources.
3. EPA Evaluation of the State's Submittal
    The EPA has reviewed the 2011 ozone season day base year inventory 
including emission estimates for point source, area source, nonroad and 
onroad sources. We find that MCAQD's selection of 2011 as the base year 
is appropriate because 2011 was the most recent calendar year for which 
a complete triennial inventory was required to be submitted to the EPA 
under the AERR (see 40 CFR 51.30(b)). We also find that the data 
elements in the base year inventory are ``consistent with the detail'' 
required by the AERR. Generally, MCAQD used published emission factors 
from EPA's National Emissions Inventory,\6\ made assumptions consistent 
with the EPA's Emission Inventory Improvement Program Guidance,\7\ and 
used the most recent EPA models available at the time of inventory 
preparation. In addition, the Submittal provides sufficient 
documentation and explanation to allow the EPA to make a determination 
on the acceptability of the base year inventory.
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    \6\ The National Emissions Inventory (NEI) is a comprehensive 
and detailed estimate of air emissions of air pollutants from all 
air emissions sources. The NEI is prepared every three years by the 
EPA based primarily upon emission estimates and emission model 
inputs provided by State, Local and Tribal air agencies for sources 
in their jurisdictions, and supplemented by data developed by the 
EPA. See http://www3.epa.gov/ttn/chief/eiinformation.html.
    \7\ See, e.g., EPA, Emissions Inventory Improvement Program 
(EIIP), Volume III, Chapter 1. Introduction to Area Source Emission 
Inventory Development (Revised Final January 2001), Chapter 11. 
Gasoline Marketing (Stage I and Stage II) (Revised Final January 
2001); Chapter 18. Structure Fires (Revised Final January 2001), and 
Area Source Category Method Abstract--Leaking Underground Storage 
Tanks, May 2001.
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    However, we believe that MCAQD's initial selection of July-
September as the basis for calculating the ``ozone season day 
emissions'' was not appropriate because it was based on 1981-1991 
exceedance data for a previous ozone NAAQS.\8\ Accordingly, we 
requested that MCAQD review more recent ozone monitoring data. Upon 
review of these data, MCAQD determined that the appropriate months to 
use to calculate ozone season day emissions are June-August.\9\ 
Therefore, MCAQD provided a ``recast'' ozone season day EI for June-
August.\10\ The MCAQD's ``recast'' analysis shows that, compared with 
the July-September EI, the June-August EI showed a small net increase 
in season day emissions for anthropogenic sources: VOC increased 0.41 
and NOX increased 2.15. MCAQD

[[Page 62460]]

also added emission reduction credits (ERCs) to the June-August EI for 
point sources. Total VOC ERCs were adjusted from 114.7 to 213.03 tons/
year (1,167 lbs/season day) and total NOX ERCs were adjusted 
from 9.8 to 14.14 tons/year (77.5 lbs/season day) to account for 
additional VOC and NOX ERCs.\11\
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    \8\ See Appendix A, Exhibit 1: 2011 Periodic Emissions Inventory 
for Ozone Precursors for the Maricopa County, Arizona, Eight-Hour 
Ozone Nonattainment Area. Maricopa County Air Quality Department. 
February 2014. An ``exceedance'' is an ambient concentration that 
exceeds the relevant NAAQS.
    \9\ Maricopa County Air Quality Department, 2011 Periodic 
Emissions Inventory for Ozone Precursors for the Maricopa County, 
Arizona, Eight-Hour Ozone Nonattainment Area, Addendum, August 2015, 
section 3.1.
    \10\ Ibid. section 3.2.
    \11\ ERCs from Penn Racquet Sports Inc. (March 6, 2009). See 
Addendum, Table A.1.
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    We agree with MCAQD that using June-August to calculate ozone 
season day emissions for the base year inventory is appropriate for the 
Maricopa NAA, given that it was the three-month period with the highest 
average Air Quality Index value and the greatest number of exceedances 
of the 2008 ozone standard in the NAA in 2011. However, in light of the 
relatively small differences in total anthropogenic emissions between 
the June-August 2011 and July-September 2011 periods, we do not believe 
it is necessary for MCAQD, MAG and ADEQ to submit a formal SIP revision 
reflecting the June-August period at this time. Accordingly, we find 
that the base year emission estimates approaches and methodologies are 
acceptable and that the state has met the requirements of the Act and 
the SRR with respect to base year inventories. We recommend that a 
revised 2011 season-day EI based on June-August data be included as 
part of a subsequent SIP revision to meet the CAA's Moderate ozone 
nonattainment area requirements, as described above.

B. Emission Statements

1. Statutory and Regulatory Requirements
    Section 182(a)(3)(B)(i) of the Act requires States to submit a SIP 
revision requiring owners or operators of stationary sources of VOC or 
NOX to provide the State with statements of actual emissions 
from such sources. Statements must be submitted at least every year and 
must contain a certification that the information contained in the 
statement is accurate to the best knowledge of the individual 
certifying the statement. Section 182(a)(3)(B)(ii) allows States to 
waive the emission statement requirement for any class or category of 
stationary sources that emit less than 25 tons per year of VOCs or 
NOX, if the state provides an inventory of emissions from 
such class or category of sources as part of the baseline or periodic 
inventory. This inventory must be based on the use of the emission 
factors established by the EPA or other methods acceptable to the EPA.
2. Summary of the State's Submittal
    ADEQ references three SIP-approved rules as meeting the 
requirements of CAA section 182(a)(3)(B): Maricopa County Rule 100, 
Section 500--Monitoring and Records, ADEQ Rule 18-2-327--Annual 
Emissions Inventory Questionnaire and Pinal County rule PG3-1-103--
Annual EI questionnaire.
3. EPA Evaluation of the State's Submittal
    Maricopa County Rule 100 (Section 500, Subsection 503) (approved 
into the Arizona SIP on November 5, 2012 (77 FR 66405)) requires 
owners/operators of sources that emit NOX or VOC to submit, 
upon request of the Control Officer, emission statements showing actual 
or estimated actual emissions of NOX and VOC, containing (at 
a minimum) all information required by Consolidated Emissions Reporting 
Rule,\12\ 40 CFR subpart A, appendix A, table 2a.\13\ Section 503 also 
requires that Emissions Statements be submitted annually. The Control 
Officer may waive this requirement for the owner/operator of any source 
that emits less than 25 tons per year of NOX or VOC with an 
approved emission inventory for sources based on AP-42 or other 
methodologies approved by the EPA.
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    \12\ The Consolidated Emissions Reporting Rule is now part of 
the AERR (see 73 FR 76539).
    \13\ Appendix G of the Maricopa County Air Pollution Control 
Rules, section 4, specifies that 40 CFR, Subpart A, Appendix A, 
Table 2a is incorporated by reference as of July 1, 2014. Table 2a 
was revised on February 19, 2015 (80 FR 8787, 8790).
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    ADEQ Rule 18-2-327, Annual Emissions Inventory Questionnaire 
(approved into the Arizona SIP on November 5, 2012 (77 FR 66405)), 
requires every source subject to air permit requirements to complete 
and submit an annual emissions inventory questionnaire including 
facility contact information, process and control device descriptions, 
and a quantification of actual emissions of regulated air pollutants 
\14\ using the appropriate quantification method as described in the 
rule.
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    \14\ Regulated air pollutant is defined by SIP-approved ADEQ 
rule R18-2-101, section 120 to include NOX and VOC. (See 
40 CFR 52.120(c)(162)(i)(A)(2),
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    Pinal County Rule PG3-1-103 (approved into the Arizona SIP on 
December 20, 2000 (65 FR 79742)) requires every source that is subject 
to a permit or obtains an authorization to operate, to complete and 
submit to the Control Officer an annual emissions inventory 
questionnaire. The questionnaire must include the source's name, 
address, contact information, address, and process information (e.g., 
including design capacity, operations schedule, emission control 
devices).\15\
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    \15\ On September 27, 2006 ADEQ submitted an amendment to PG 
Rule 3-1-103, however, the change does not substantively change the 
rule. Rather it reflected ADEQ's reclassification of Class A and 
Class B permits to Class I, Class II, and Class III. Under this 
amendment, the term ``Class B permits'' is replaced by ``Class II or 
Class II permits.''
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    Based on the contents of these rules, we find that Arizona has met 
the requirements of CAA section 182(a)(3)(B) for emission statements.

C. Reasonably Available Control Technology Corrections

1. Statutory and Regulatory Requirements
    Section 182(a)(2)(A) of the CAA requires the State to submit, 
within six months of classification under section 181(a), all rules and 
corrections to existing RACT rules that were required under section 
172(b) of the old (pre-1990 Amendments) CAA. Newly designated 
nonattainment areas are not subject to the RACT ``fix-ups'' required by 
section 182(a)(2)(A) because they were not subject to section 172(b) of 
the old law (see 57 FR 13498, 13503).
2. Summary of the State's Submittal
    The Submittal lists the SIP-approved Rules that apply to source 
categories subject to CAA section 182(a)(2)(A) and notes that the EPA 
approved Arizona's RACT demonstration for the Maricopa County 1-hour 
Serious Area Ozone NAA on June 14, 2005 (70 FR 34362).
3. EPA Evaluation of the State's Submittal
    As noted in the Submittal, the EPA previously determined that 
Arizona had met the VOC RACT requirements under section 182(a)(2)(A) 
for the Maricopa one-hour ozone NAA (see 70 FR 13435 and 70 FR 34363). 
Although the NAA for the 2008 eight-hour ozone standard is larger than 
that the one-hour NAA, only the original one-hour area is subject to 
the RACT correction requirement of 182(a)(2)(A). Therefore, we find 
that Arizona has met the requirements of CAA section 182(a)(2)(A) with 
respect to the Maricopa 2008 eight-hour ozone NAA.

D. Vehicle Inspection and Maintenance Programs

1. Statutory and Regulatory Requirements
    Section 182(a)(2)(B)(i) of the Act requires the State to submit a 
revision, immediately after November 15, 1990, to correct any pre-1990 
schedules for vehicle emission control inspection and

[[Page 62461]]

maintenance programs, immediately after November 15, 1990. In addition, 
section 182(a)(2)(B)(ii) requires that the State shall review, revise, 
update, and republish in the Federal Register the guidance for the 
States for motor vehicle inspection and maintenance (I/M) programs 
within 1 year of November 15, 1990. The EPA's I/M regulations are 
codified at 40 CFR part 51, subpart S (``Inspection/Maintenance Program 
Requirements''), sections 51.350 through 51.373. As explained in the 
preambles to proposed and final SRR, no new vehicle I/M programs are 
currently required for purposes of the 2008 ozone NAAQS (78 FR 34194-
34196, 80 FR 12283).
2. Summary of the State's Submittal
    The Submittal notes that the EPA approved ADEQ's Basic and Enhanced 
Vehicle Emissions Inspection and Maintenance Programs on January 22, 
2003, and approved a statutory provision extending the State's vehicle 
emissions inspection program on December 21, 2009 (74 FR 67819).
3. EPA Evaluation of the State's Submittal
    As noted in the Submittal, the EPA previously approved an 
``enhanced'' I/M program that exceeds the requirements of section 
182(a)(2)(B) for the Phoenix-Mesa nonattainment area (69 FR 2912 
(January 22, 2003)). Therefore, we find that Arizona has met the 
requirements of CAA section 182(a)(2)(B) with respect to the Maricopa 
2008 eight-hour ozone NAA.

E. Permit Programs: Nonattainment Area Preconstruction, New Source 
Review

1. Statutory and Regulatory Requirements
    Section 182(a)(2)(C) of the Act, requires states to submit a SIP 
revision within two years after November 15, 1990 to require pre-
construction permits for new or modified major stationary sources in 
the NAA, and to correct requirements regarding pre-1990 permit 
programs. However, as explained in the preambles to the EPA's final 
Phase 2 implementation rule for the 1997 eight-hour standard and the 
final SRR, the EPA considers the submission of new source review (NSR) 
SIPs due on November 15, 1992 to have fulfilled this CAA requirement 
(See 75 FR 71683, n. 110, and 80 FR 12267). Therefore, the EPA has 
concluded that the two-year deadline contained in CAA section 
182(a)(2)(C)(i) does not apply to subsequent NSR SIPs for revised ozone 
standards, including the nonattainment NSR SIPs for implementing the 
eight-hour ozone NAAQS. (Id.) Accordingly, the SRR at 40 CFR 51.1114 
sets a deadline of three years from the date of designation for states 
to submit their nonattainment NSR program SIPs for the 2008 ozone 
NAAQS.
2. Summary of the State's Submittal
    The Submittal describes the roles of ADEQ, MCAQD and PCAQCD in 
implementing the preconstruction permit program in the Maricopa NAA. In 
particular, the Submittal explains that ADEQ has permitting 
jurisdiction for the following stationary source categories: smelting 
of metal ores, coal-fired electric generating stations, petroleum 
refineries, Portland cement plants, and portable sources. ADEQ also has 
permitting jurisdiction over other major sources in Pinal County, but 
has delegated implementation of the major source program to PCAQCD, 
which implements ADEQ's major NSR rules. MCAQD has jurisdiction over 
other sources in Maricopa County. The Submittal also described various 
SIP revisions submitted by ADEQ to meet nonattainment NSR requirements.
3. EPA Evaluation of the State's Submittal
    The EPA recently finalized a limited approval and limited 
disapproval of various rules that comprise ADEQ's NSR program.\16\ We 
expect that ADEQ will revise these rules in the near future. With 
regard to MCAQD's rules, we note that ADEQ had submitted MCAQD Rule 
240--Permits for New Major Sources and Major Modifications to Existing 
Major Sources to the EPA on August 31, 1995, but withdrew it on April 
25, 2014 in order to revise and resubmit it to the EPA for SIP 
approval. ADEQ published a proposed notice of rulemaking for amendments 
to Rule 240 and other related rules on August 31, 2015.\17\ Given the 
expected submittal of revised ADEQ and MCAQD NSR rules in the near 
future, we are deferring action on this element of the MAG 2014 Eight-
Hour Ozone Plan at this time.
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    \16\ Final rule, Revisions to Air Plan; Arizona; Stationary 
Sources; New Source Review (pre-publication version, signed June 29, 
2015).
    \17\ On July 31, 2015 the Arizona Secretary of State published a 
notice of proposed rulemaking to amend MCAQD's rules relating to 
NSR, including Rule 240. See Arizona Administrative Register (AAR) 
Vol. 21, Issue 31, page 1302 (July 31, 2015), available at: http://apps.azsos.gov/public_services/register/2015/31/28_county_notices.pdf. It also announced a 30-day comment period 
that ended August 31, 2015.
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F. Offset Requirements

    CAA Section 173 requires new and modified major sources in 
nonattainment areas to secure emissions reductions (i.e., ``offsets'') 
to compensate for a proposed emissions increase. For Marginal areas, 
section 182(a)(4) of the Act sets a general offset ratio of 1.1 to 1 
for total VOC and NOX emission reductions as compared to VOC 
and NOX emission increases. The Submittal references ADEQ 
Rule R18-2-404(J) and Maricopa County Air Pollution Control 
Regulations, Rule 240, Section 306.3 as fulfilling the requirements of 
CAA section 182(a)(4). Given the expected submittal of revised ADEQ and 
MCAQD NSR rules in the near future, we are deferring action on this 
element of the MAG 2014 Eight-Hour Ozone Plan at this time.

G. Transportation Conformity

    The Submittal lists ``Meet Transportation Conformity Requirements--
CAA Section 176(c)'' as a marginal area requirement. We note that motor 
vehicle emission budgets, used in transportation conformity 
determinations, are not required for marginal areas because such areas 
are not required to submit a ``control strategy implementation plan 
revision.'' \18\ However, as noted above, the EPA has proposed to 
reclassify the Maricopa NAA to Moderate nonattainment. If the 
reclassification is finalized, MAG would be required to develop motor 
vehicle emission budgets as part of a Moderate area attainment 
demonstration. In the meantime, MAG may continue to rely on its 
emission budgets for the 1997 ozone NAAQS,\19\ which the EPA approved 
on September 17, 2014 (79 FR 55645). Accordingly, we are not taking 
further action on these budgets at this time.
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    \18\ See 40 CFR 93.101.
    \19\ See 40 CFR 93.109(c)(2).
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IV. Final Action

    The EPA is taking direct final action to approve the MAG 2014 
Eight-Hour Ozone Plan with respect to the requirements of CAA section 
182(a)(1), (2)(A) and (B), and (3)(B) and is deferring action with 
respect to the requirements of CAA sections 176(c) and 182(a)(2)(C) and 
(4). 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 rule(s). If we receive adverse comments 
by November 16, 2015, 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

[[Page 62462]]

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 December 15, 2015.

V. Statutory and Executive Order Reviews

    Under the CAA, 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, the 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 the 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).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the 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).
    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. The 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 December 15, 2015. 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 the 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: September 25, 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 52.120 is amended by adding paragraph (c)(172) to read as 
follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (172) The following plan was submitted July 2, 2014, by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional materials.
    (A) Arizona Department of Environmental Quality (ADEQ).
    (1) MAG 2014 Eight-Hour Ozone Plan--Submittal of Marginal Area 
Requirements for the Maricopa Nonattainment Area (June 2014), 
excluding:
    (i) Sections titled ``A Nonattainment Area Preconstruction Permit 
Program--CAA section 182(a)(2)(C),'' ``New Source Review--CAA, Title I, 
Part D,'' and ``Offset Requirements: 1:1 to 1 (Ratio of Total Emission 
Reductions of Volatile Organic Compounds to Total Increased 
Emissions)--CAA Section 182(a)(4)'' on pages 8 and 9 and section titled 
``Meet Transportation Conformity Requirements--CAA Section 176(c)'' on 
pages 10 and 11.
    (ii) Appendices A and B.

[FR Doc. 2015-26023 Filed 10-15-15; 8:45 am]
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