[Federal Register Volume 81, Number 28 (Thursday, February 11, 2016)]
[Rules and Regulations]
[Pages 7209-7214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02714]



[[Page 7209]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0028; FRL-9942-03-Region-09]


Approval of Air Plan Revisions; Arizona; Rescissions and 
Corrections

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) under the Clean Air Act. These revisions include rescissions 
of certain statutory provisions, administrative and prohibitory rules, 
and test methods. The EPA is also taking direct final action to correct 
certain errors in previous actions on prior revisions to the Arizona 
SIP and to make certain other corrections. The intended effect is to 
rescind unnecessary provisions from the applicable SIP and to correct 
certain errors in previous SIP actions.

DATES: This rule is effective on April 11, 2016 without further notice, 
unless the EPA receives adverse comments by March 14, 2016. 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 your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0028 at http://www.regulations.gov, or via email to Andrew 
Steckel, Rules Office Chief, at [email protected]. For comments 
submitted at Regulations.gov, follow the online instructions for 
submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. For either manner of submission, 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. 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. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e. on the web, 
cloud, or other file sharing system). For additional submission 
methods, please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, (415) 972-
3073, [email protected].

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

Table of Contents

I. The State's Rescissions
    A. Which SIP provisions has the state rescinded?
    B. How is the EPA evaluating the rescissions?
    1. Declarations of Policy and Legal Authority
    2. Jurisdiction Over Indian Lands
    3. Prohibitory Rules
    4. Test Methods and Performance Specifications
    C. Do the rescissions meet all applicable requirements?
II. Error Corrections
III. Public Comment and Final Action
IV. Statutory and Executive Order Reviews

I. The State's Rescissions

A. Which SIP provisions has the state rescinded?

    On March 10, 2015 and January 13, 2016, the Arizona Department of 
Environmental Quality (ADEQ) submitted rescissions of certain statutory 
and regulatory provisions from the applicable Arizona State 
Implementation Plan (SIP). The rescissions relate to certain statutory 
provisions, administrative and prohibitory rules, and test methods. In 
the January 13, 2016 submittal, ADEQ included evidence of public 
notification of the rescissions (including the rescissions submitted on 
March 10, 2015), provision of a 30-day comment period, and opportunity 
for public hearing. See appendix A to the January 13, 2016 SIP revision 
submittal for documentation of ADEQ's public process prior to adoption 
and submittal of the revision to the EPA.
    Table 1 lists the statutory and regulatory provisions that ADEQ has 
rescinded,\1\ the dates on which the EPA approved the provisions as 
part of the SIP, and the dates on which ADEQ submitted the rescissions 
to the EPA. Under section 110(k)(3) of the Clean Air Act (CAA or 
``Act''), the EPA is obligated to approve, disapprove, or conditionally 
approve SIPs and SIP revisions, including rescissions.
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    \1\ In addition to the provisions listed in table 1, ADEQ also 
submitted the rescission of R9-3-310, approved by the EPA at 49 FR 
41026 (October 19, 1984). However, the EPA has already acted to 
approve the rescission of that particular provision from the Arizona 
SIP (see 80 FR 67319 (November 2, 2015)), and thus we will be taking 
no further action on that provision.

                Table 1--Arizona SIP Statutory and Regulatory Provisions That ADEQ Has Rescinded
----------------------------------------------------------------------------------------------------------------
 Statutory or regulatory provision          Title              EPA Approval         Rescission submittal date
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ARS 36-1700.......................  Declaration of Policy  37 FR 10842 (May 31,  January 13, 2016.
                                                            1972); 37 FR 15080
                                                            (July 27, 1972); 47
                                                            FR 26382 (June 18,
                                                            1982).
ARS 36-1801.......................  Jurisdiction over      37 FR 15080 (July     January 13, 2016.
                                     Indian Lands.          27, 1972).
Chapter 2, section 2.9 of ``The     Legal Authority--      37 FR 15080 (July     January 13, 2016.
 State of Arizona Air Pollution      Jurisdiction over      27, 1972).
 Control Implementation Plan''.      Indian Lands.
Rule 7-1-9.1......................  Policy and legal       37 FR 15080 (July     January 13, 2016.
                                     authority.             27, 1972).
Rule R9-3-1001....................  Policy and legal       43 FR 34470 (August   January 13, 2016.
                                     authority.             4, 1978).
Rule 7-1-4.3......................  Sulfite Pulp Mills...  37 FR 15080 (July     January 13, 2016.
                                                            27, 1972).

[[Page 7210]]

 
Rule 7-1-4.3 (R9-3-403)...........  Sulfur Emissions:      43 FR 33245 (July     January 13, 2016.
                                     Sulfite Pulp Mills.    31, 1978).
AAC R9-3-511......................  Standards of           47 FR 42572           March 10, 2015.
                                     Performance for        (September 28,
                                     Existing Secondary     1982); 47 FR 17483
                                     Lead Smelters.         (April 23, 1982).
AAC R9-3-512......................  Standards of           47 FR 17483 (April    March 10, 2015.
                                     Performance for        23, 1982).
                                     Existing Secondary
                                     Brass and Bronze
                                     Ingot Production
                                     Plants.
AAC R9-3-513......................  Standards of           47 FR 42572           March 10, 2015.
                                     Performance for        (September 28,
                                     Existing Iron and      1982); 47 FR 17483
                                     Steel Plants.          (April 23, 1982).
AAC R9-3-517......................  Standards of           47 FR 42572           March 10, 2015.
                                     Performance for        (September 28,
                                     Steel Plants;          1982); 47 FR 17483
                                     Existing Electric      (April 23, 1982).
                                     Arc Furnaces (EAF).
Arizona Testing Manual for Air      Method 1 Sample and    47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.01.  Velocity Traverses     23, 1982).
                                     for Stationary
                                     Sources.
Arizona Testing Manual for Air      Method 2               47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.02.  Determination of       23, 1982).
                                     Stack Gas Velocity
                                     and Volumetric Flow
                                     Rate (Type S Pitot
                                     Tube).
Arizona Testing Manual for Air      Method 2A Direct       47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.02.  Measurement of Gas     23, 1982).
                                     Volume Through Pipes
                                     and Small Ducts.
Arizona Testing Manual for Air      Method 2B              47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.02.  Determination of       23, 1982).
                                     Exhaust Gas Volume
                                     Flow Rate from
                                     Gasoline Vapor
                                     Incinerators.
Arizona Testing Manual for Air      Method 3 Gas Analysis  47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.03.  for Carbon Dioxide,    23, 1982).
                                     Excess Air, Dry
                                     Molecular Weight.
Arizona Testing Manual for Air      Method 3A              47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.03.  Determination of       23, 1982).
                                     Oxygen and Carbon
                                     Dioxide
                                     Concentrations in
                                     Emissions from
                                     Stationary Sources
                                     (Instrumental
                                     Analyzer Procedure).
Arizona Testing Manual for Air      Method 4               47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.04.  Determination of       23, 1982).
                                     Moisture in Stack
                                     Gases.
Arizona Testing Manual for Air      Method 5               47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.05.  Determination of       23, 1982).
                                     Particulate
                                     Emissions from
                                     Stationary Sources.
Arizona Testing Manual for Air      Method 6               47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.06.  Determination of       23, 1982).
                                     Sulfur Dioxide
                                     Emissions from
                                     Stationary Sources.
Arizona Testing Manual for Air      Method 7               47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.07.  Determination of       23, 1982).
                                     Nitrogen Oxide
                                     Emissions from
                                     Stationary Sources.
Arizona Testing Manual for Air      Method 8               47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.08.  Determination of       23, 1982).
                                     Sulfuric Acid Mist
                                     and Sulfur Dioxide
                                     Emissions from
                                     Stationary Sources.
Arizona Testing Manual for Air      Method 9 Visual        47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.09.  Determination of the   23, 1982).
                                     Opacity of Emissions
                                     from Stationary
                                     Sources.
Arizona Testing Manual for Air      Method 10              47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.10.  Determination of       23, 1982).
                                     Carbon Monoxide
                                     Emissions from
                                     Stationary Sources.
Arizona Testing Manual for Air      Method 11              47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.11.  Determination of       23, 1982).
                                     Hydrogen Sulfide
                                     Emissions from
                                     Stationary Sources.
Arizona Testing Manual for Air      Method 13B             47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.13.  Determination of       23, 1982).
                                     Total Fluoride
                                     Emissions from
                                     Stationary Sources--
                                     Specific Ion
                                     Electrode Method.
Arizona Testing Manual for Air      Method 13              47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.13.  Determination of       23, 1982).
                                     Total Fluoride
                                     Emissions from
                                     Stationary Sources--
                                     SOADNS Zirconium
                                     Lake Method.
Arizona Testing Manual for Air      Method 14              47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.14.  Determination of       23, 1982).
                                     Total Fluoride
                                     Emissions from
                                     Potroom Roof
                                     Monitors for Primary
                                     Aluminum Plants.
Arizona Testing Manual for Air      Method 15              47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.15.  Determination of       23, 1982).
                                     Hydrogen Sulfide,
                                     Carbonyl Sulfide,
                                     and Carbon Disulfide
                                     Emissions from
                                     Stationary Sources.
Arizona Testing Manual for Air      Method 16              47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.16.  Semicontinuous         23, 1982).
                                     Determination of
                                     Sulfur Emissions
                                     from Stationary
                                     Sources.
Arizona Testing Manual for Air      Method 17              47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.17.  Determination of       23, 1982).
                                     Particulate
                                     Emissions from
                                     Stationary Sources
                                     (In-Stack Filtration
                                     Method).

[[Page 7211]]

 
Arizona Testing Manual for Air      Method 19              47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.19.  Determination of       23, 1982).
                                     Sulfur Dioxide,
                                     Removal Efficiency
                                     and Particulate,
                                     Sulfur Dioxide and
                                     Nitrogen Oxides
                                     Emission Rates from
                                     Electric Utility
                                     Steam Generators.
Arizona Testing Manual for Air      Method 20              47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 3.20.  Determination of       23, 1982).
                                     Nitrogen Oxides,
                                     Sulfur Dioxide, and
                                     Diluent Emissions
                                     from Stationary Gas
                                     Turbines.
Arizona Testing Manual for Air      Performance            47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 4.01.  Specification 1:       23, 1982).
                                     Performance
                                     specifications and
                                     specification test
                                     procedures for
                                     transmissometer
                                     systems for
                                     continuous
                                     measurement of the
                                     opacity of stack
                                     emissions.
Arizona Testing Manual for Air      Performance            47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 4.02.  Specification 2:       23, 1982).
                                     Performance
                                     specifications and
                                     specification test
                                     procedures for
                                     monitors of SO2 and
                                     NOX from stationary
                                     sources.
Arizona Testing Manual for Air      Performance            47 FR 17483 (April    January 13, 2016.
 Pollutant Emissions, Section 4.03.  Specification 3:       23, 1982).
                                     Performance
                                     specifications and
                                     specification test
                                     procedures for
                                     monitors of CO2 and
                                     O2 from stationary
                                     sources.
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B. How is the EPA evaluating the rescissions?

    Generally, SIP requirements must be enforceable (see section 110(a) 
of the Act), and SIP revisions must not modify the SIP inconsistent 
with sections 110(l) and 193. Section 110(l) prohibits the EPA from 
approving a revision to a SIP if the revision would interfere with any 
applicable requirement concerning attainment and reasonable further 
progress or any other applicable requirement of the CAA. Section 193 
states that no control requirement in effect, or required to be adopted 
by an order, settlement agreement, or plan in effect before November 
15, 1990, in any area which is a nonattainment area for any pollutant 
may be modified after November 15, 1990 in any manner unless the 
modification insures equivalent or greater emissions reductions of such 
air pollutant.
    In today's action, we review, evaluate, and approve ADEQ's 
submittals dated March 10, 2015 and January 13, 2016 of revisions to 
the Arizona SIP involving rescissions of certain statutory and 
regulatory provisions that fall into four categories: (1) Declarations 
of policy and legal authority, (2) jurisdiction over Indian lands, (3) 
prohibitory rules, and (4) test methods and performance test 
specifications.
1. Declarations of Policy and Legal Authority
    The EPA approved ARS section 36-1700 (``Declaration of Policy'') in 
May 1972 as part of the original Arizona SIP, and then approved it 
again in July 1972, and then again, as amended, in June 1982. See table 
1 above. ARS section 36-1700 is a general statement of policy by the 
Arizona Legislature and sets forth the intent of the Legislature in 
establishing an air pollution control program in the state. As such, 
ARS section 36-1700 does not provide specific authority to any 
administrative agency to fulfill any particular regulatory function, 
nor does it establish any type of emissions standard or address any 
particular requirement for SIPs under the CAA. As such, we find that 
ARS section 36-1700 need not be retained in the Arizona SIP and thus 
find the state's corresponding rescission to be acceptable.
    As shown in table 1, the EPA approved Arizona air pollution control 
rule 7-1-9.1 (``Policy and legal authority'') in July 1972 and then 
again as amended and renumbered (as R9-3-1001) in August 1978. Arizona 
rule 7-1-9.1 (R9-3-1001) cites the legal authority under which the 
rules relating to motor vehicle inspection and maintenance are adopted 
and also includes a general statement of policy. The specific statutory 
provisions cited by rule 7-1-9.1 (R9-3-1001) have been approved into 
the applicable SIP and, as discussed above, general statements of 
policy are not required for SIPs. As such, we find no need to retain 
rule 7-1-9.1 or its renumbered version R9-3-1001 in the applicable 
Arizona SIP. Therefore, we find the state's rescission of the two rules 
from the Arizona SIP to be acceptable.
2. Jurisdiction Over Indian Lands
    The EPA approved chapter 2, section 2.9 (``Legal authority--
Jurisdiction over Indian Lands'') and ARS section 36-1801 
(``Jurisdiction over Indian Lands'') in July 1972. As described in 
chapter 2, section 2.9 of the Arizona SIP, under ARS section 36-1801, 
the State of Arizona assumed jurisdiction relating to air pollution 
control on all lands within the state including Indian tribal lands, 
reservations, and allotments.
    ARS section 36-1801 was recodified as ARS section 49-561 in 1986, 
but is no longer found in Arizona law. More importantly, the state's 
assumption of jurisdiction relating to air pollution control on Indian 
reservations conflicts with federal law. See generally CAA section 
301(d) and the EPA's tribal authority rule at 40 CFR part 49 (``Indian 
country: air quality planning and management''). More specifically, 
within the boundaries of an Indian reservation and any other area for 
which the EPA or a tribe has demonstrated that a tribe has 
jurisdiction, the EPA or authorized tribe has regulatory jurisdiction 
under the Clean Air Act. See Oklahoma Department of Environmental 
Quality v. EPA, 740 F.3d 185 (D.C. Cir. 2014). As such, ARS section 36-
1801 should not be retained, and the EPA finds the state's 
corresponding rescissions of chapter 2, section 2.9 and ARS section 36-
1801 from the Arizona SIP to be appropriate.
3. Prohibitory Rules
    On March 10, 2015, the ADEQ submitted rescissions of the following 
rules from the Arizona SIP because there are no secondary lead 
smelters, secondary brass and bronze ingot productions plants, iron and 
steel

[[Page 7212]]

plants, or electric arc furnaces (EAF) under the ADEQ's jurisdiction:
     R9-3-511, Standards of Performance for Existing Secondary 
Lead Smelters,
     R9-3-512, Standards of Performance for Existing Secondary 
Brass and Bronze Ingot Production Plants,
     R9-3-513, Standards of Performance for Existing Iron and 
Steel Plants, and
     R9-3-517, Standards of Performance for Steel Plants; 
Existing Electric Arc Furnaces (EAF).
    To determine that there are no operating facilities in the state 
that fall under one of the specified source categories, ADEQ reviewed 
its permit and emissions inventory systems and consulted with 
knowledgeable staff. As a result of these searches, ADEQ determined 
that there are no operating facilities within ADEQ's jurisdiction that 
fall under these source categories.
    On January 13, 2016, ADEQ also submitted a rescission of another 
rule, Arizona air pollution control rule 7-1-4.3 (``Sulfur Pulp 
Mills''), which was approved by the EPA in July 1972 and again in July 
1978 as rule 7-1-4.3 (R9-3-403) (''Sulfur Emissions: Sulfite Pulp 
Mills''). Like the four prohibitory rules discussed above, no 
facilities remain in operation in Arizona that are subject to the 
requirements of rule 7-1-4.3. Therefore, we find the ADEQ's rescissions 
of the prohibitory rules discussed above from the Arizona SIP to be 
acceptable.
4. Test Methods and Performance Specifications
    In April 1982, the EPA approved sections 3 and 4 of the Arizona 
Testing Manual for Air Pollutant Emissions (``Arizona Testing Manual'') 
as a revision to the Arizona SIP. Section 3 of the Arizona Testing 
Manual includes certain test methods from 40 CFR part 60, appendix A, 
and section 4 of the Arizona Testing Manual includes certain 
performance test specifications from 40 CFR part 60, appendix B. Both 
the test methods and performance test methods approved into the Arizona 
SIP date from the 1970s.
    Over the years, the EPA's test methods and performance 
specifications in 40 CFR part 60 have been revised, and thus, the 
versions of the test methods and performance test specifications 
approved as part of the Arizona SIP are outdated. Also, in recent 
years, the EPA has approved two state rules that in effect incorporate 
more recent versions of the EPA's test methods and performance 
specifications into the Arizona SIP. See Arizona Administrative Code 
(AAC) R18-2-311 (``Test Methods and Procedures'') and appendix 2 
(``Test Methods and Protocols'') for AAC, title 18, chapter 2.\2\ See 
80 FR 67319 (November 2, 2015) and 79 FR 56655 (September 23, 2014). As 
such, the outdated test methods and performance test specifications 
approved as part of the Arizona Testing Manual need not be retained in 
the Arizona SIP. Thus, we find ADEQ's rescission of them to be 
acceptable.
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    \2\ R18-2-311 provides that applicable procedures and testing 
methods contained in, among other references, 40 CFR part 60, 
appendices A through F, shall be used to determine compliance with 
state requirements for stationary sources. Appendix 2 for AAC, title 
18, chapter 2 incorporates by reference 40 CFR part 60 appendices 
revised as of July 1, 2006.
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C. Do the rescissions meet all applicable requirements?

    The EPA has evaluated all the submittal documentation and has 
determined that the rescission of the statutory and regulatory 
provisions listed in table 1 is approvable because (1) the statements 
of policy and legal authority are not necessary to fulfill any CAA SIP 
purpose; (2) the provisions asserting jurisdiction over Indian 
reservations conflict with federal law; (3) ADEQ has adequately 
demonstrated that there are no existing sources subject to the listed 
prohibitory rules; and (4) the test methods and performance test 
specifications are outdated and other SIP provisions provide for use of 
more up-to-date procedures. Furthermore, with respect to the subject 
prohibitory rules, the emissions from any new facilities of the type 
that would have been subject to these rules will be subject to 
applicable New Source Review rules and New Source Performance 
Standards, which can reasonably be assumed to result in more stringent 
emission limits than would apply under these rules.
    Therefore, rescission of the statutory provisions and rules listed 
in table 1 would not interfere with attainment or maintenance of any of 
the national ambient air quality standards or any other requirements of 
the Clean Air Act and would not affect emissions of nonattainment 
pollutants. As such, the rescission would comply with sections 110(l) 
and 193 of the Clean Air Act. For these reasons, we approve ADEQ's 
rescissions of the statutory and regulatory provisions listed in table 
1 from the Arizona SIP.

II. Error Corrections

    Section 110(k)(6) of the CAA provides in relevant part that, 
whenever the EPA determines that the EPA's action approving, 
disapproving, or promulgating any SIP or SIP revision was in error, the 
EPA may in the same manner as the approval, disapproval, or 
promulgation revise such action as appropriate without requiring any 
further submission from the state. In today's action, we are correcting 
four errors made in previous rulemakings approving revisions to the 
Arizona SIP.
    First, on July 31, 1978 (43 FR 33245), we approved certain state 
prohibitory rules as a revision to the Arizona SIP. Among the rules 
listed as approved was R9-3-301 (``Visible emissions--General''). 
However, the preamble of our July 31, 1978 final rule clearly indicates 
that the EPA did not intend to take action on this rule (see 43 FR 
33245, at 33246) but mistakenly listed R9-3-301 as approved in the 
regulatory portion of the final rule. In this action, we are correcting 
the error in our July 31, 1978 final rule by removing the entry for R9-
3-301 from the relevant paragraph in 40 CFR 52.120 (``Identification of 
plan'').
    Second, on October 10, 1980 (45 FR 67345), we approved the state's 
January 26, 1979 request to redesignate the Air Quality Control Regions 
(AQCRs) in Arizona as a revision to the Arizona SIP. However, the 
state's request for redesignation of the Arizona AQCRs was made under 
section 107, not section 110, of the CAA, and while the EPA 
appropriately made certain administrative changes to 40 CFR part 52 
(``Approval and promulgation of implementation plans''), subpart D 
(``Arizona'') and 40 CFR part 81 (``Designation of areas for air 
quality planning purposes''), subpart B (``Designation of air quality 
control regions''), the redesignation request itself was not a SIP 
revision. As such, we erred in listing the state's January 26, 1979 
redesignation request as an approved revision to the Arizona SIP in 40 
CFR part 52 (``Approval and promulgation of implementation plans''), 
subpart D (``Arizona''), section 52.120 (``Identification of plan''), 
paragraph 52.120(c)(30). In today's action, we are removing the entry 
of the state's January 26, 1979 redesignation request from 40 CFR 
52.120.
    Third, on June 18, 1982 (47 FR 26382), we approved certain 
statutory provisions as a revision to the Arizona SIP. In so doing, we 
approved Arizona Revised Statutes (ARS) section 36-1720.02 
(``Defenses''). However, the correct citation for this particular 
statutory provision was ARS section 36-1720.01, not ARS section 36-
1720.02. In today's action, we are correcting the citation to this 
statutory provision in the relevant paragraph in 40 CFR 52.120 
(``Identification of plan'').

[[Page 7213]]

    Fourth, on March 10, 2005 (70 FR 11882), we approved a request 
submitted on September 13, 2004 by the ADEQ to clarify the description 
of the air quality planning area for the Phoenix PM10 
nonattainment area. In our March 10, 2005 final rule, we revised the 
PM10 table in 40 CFR part 81 (``Designation of areas for air 
quality planning purposes''), subpart C (``Section 107 attainment 
status designations''), section 81.303 (``Arizona'') accordingly, but 
we also listed the state's September 13, 2004 boundary clarification 
request as an approval of a revision to the Arizona SIP. However, the 
state's September 13, 2005 request was submitted under CAA section 107, 
not as a revision to the SIP under section 110, and thus our listing of 
it as part of the SIP in 40 CFR 52.120 (``Identification of plan'') was 
in error. In today's action, we are removing the entry of the ADEQ's 
September 13, 2004 boundary clarification request from 40 CFR 52.120.
    Lastly, in a final rule published by the Federal Communications 
Commission at 63 FR 16441 (April 3, 1998), 40 CFR 52.111 (``Toll free 
number assignment'') was inadvertently added to subpart D (``Arizona'') 
of part 52 (``Approval and promulgation of implementation plans''). The 
provisions now found at 40 CFR 52.111 were intended to be promulgated 
in title 47, not title 40, and have nothing to do with SIPs. In today's 
action, we are correcting this error by removing 40 CFR 52.111 from the 
CFR.

III. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, the EPA is approving 
the state's rescission of the statutory and regulatory provisions 
listed in table 1 from the Arizona SIP because we believe they are no 
longer necessary to retain. Under section 110(k)(6), we are also 
correcting errors in certain previous actions by the EPA on prior 
Arizona SIP revisions. The error corrections relate to an inadvertent 
listing of a rule on which the EPA did not take action in the Arizona 
SIP, a typographical error, and erroneous approvals of non-SIP 
submittals as part of the SIP.
    We do not think anyone will object to these actions, so we are 
finalizing them without proposing them in advance. However, in the 
Proposed Rules section of this Federal Register, we are simultaneously 
proposing rescission of the same provisions and correction of the same 
errors. If we receive adverse comments by March 14, 2016, we will 
publish a timely withdrawal in the Federal Register to notify the 
public that the direct final approval will not take effect and we will 
address the comments in a subsequent final action based on the 
proposal. If we do not receive timely adverse comments, the direct 
final approval will be effective without further notice on April 11, 
2016.

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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely rescinds state statutes, rules, and 
test methods as unnecessary to retain in the applicable SIP 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 the 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, 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, this rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
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. 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 April 11, 2016. 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, Particulate matter, Reporting 
and recordkeeping requirements.


[[Page 7214]]


    Dated: January 25, 2016.
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


Sec.  52.111  [Removed]

0
2. Remove Sec.  52.111.

0
3. Section 52.120 is amended by:
0
a. Adding paragraphs (b)(1)(i), (c)(3)(ii) introductory text and 
(c)(3)(ii)(A), and (c)(6)(i) introductory text and (c)(6)(i)(A);
0
b. Revising paragraph (c)(19);
0
c. Adding paragraphs (c)(20)(i) introductory text and (c)(20)(i)(A), 
(c)(27)(i)(D), and (c)(29)(i)(B);
0
d. Removing and reserving paragraph (c)(30);
0
e. Adding paragraphs (c)(43)(i)(D) and (c)(45)(i)(E);
0
f. Revising paragraph (c)(50)(ii)(B);
0
g. Adding paragraphs (c)(50)(ii)(D) and (c)(54)(i)(I); and
0
h. Removing and reserving paragraph (c)(120).
    The additions and revisions read as follows:


Sec.  52.120  Identification of plan.

* * * * *
    (b) * * *
    (1) Arizona State Department of Health.
    (i) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement: Arizona Revised Statutes 
section 36-1700 (``Declaration of Policy'')
    (c) * * *
    (3) * * *
    (ii) Arizona State Department of Health.
    (A) Previously approved on July 27, 1972 in paragraph (c)(3) of 
this section and now deleted without replacement: Chapter 2 (``Legal 
Authority''), Section 2.9 (``Jurisdiction over Indian lands''); Arizona 
Revised Statutes sections 36-1700 (``Declaration of Policy'') and 36-
1801 (``Jurisdiction over Indian Lands''); and Arizona State Department 
of Health, Rules and Regulations for Air Pollution Control 7-1-4.3 
(``Sulfite Pulp Mills'') and 7-1-9.1 (``Policy and Legal Authority'').
* * * * *
    (6) * * *
    (i) Arizona State Department of Health.
    (A) Previously approved on July 31, 1978 in paragraph (c)(6) of 
this section and now deleted without replacement: Arizona Air Pollution 
Control Regulation 7-1-4.3 (R9-3-403) (``Sulfur Emissions: Sulfite Pulp 
Mills'').
* * * * *
    (19) Arizona Air Pollution Control Regulations, submitted on 
September 16, 1975: R9-3-102 (Definitions), R9-3-108 (Test Methods and 
Procedures), R9-3-302 (Particulate Emissions: Fugitive Dust), R9-3-303 
(Particulate Emissions: Incineration), R9-3-304 (Particulate Emissions: 
Wood Waste Burners), R9-3-305 (Particulate Emissions: Fuel Burning 
Equipment), R9-3-307 (Particulate Emissions: Portland Cement Plants); 
and R9-3-308 (Particulate Emissions: Heater-Planers), submitted on 
September 16, 1975.
    (20) * * *
    (i) Arizona State Department of Health.
    (A) Previously approved on August 4, 1978 in paragraph (c)(20) of 
this section and now deleted without replacement: Arizona Air Pollution 
Control Regulation R9-3-1001 (``Policy and Legal Authority'').
* * * * *
    (27) * * *
    (i) * * *
    (D) Previously approved on April 23, 1982, in paragraph 
(c)(27)(i)(B) of this section and now deleted without replacement: R9-
3-511 (Paragraph B), R9-3-512 (Paragraph B), R9-3-513 (Paragraphs B and 
C), and R9-3-517 (Paragraphs B and C).
* * * * *
    (29) * * *
    (i) * * *
    (B) Previously approved on April 23, 1982, in paragraph 
(c)(29)(i)(A) of this section and now deleted without replacement: 
Arizona Testing Manual for Air Pollutant Emissions, Sections 3.0 and 
4.0.
* * * * *
    (43) * * *
    (i) * * *
    (D) Previously approved on April 23, 1982, in paragraph 
(c)(43)(i)(B) of this section and now deleted without replacement: R9-
3-511 (Paragraph A.1 to A.5), R9-3-512 (Paragraph A.1 to A.5), R9-3-513 
(Paragraph A.1 to A.5), and R9-3-517 (Paragraph A.1 to A.5).
* * * * *
    (45) * * *
    (i) * * *
    (E) Previously approved on April 23, 1982, in paragraph 
(c)(45)(i)(B) of this section and now deleted without replacement: R9-
3-511 (Paragraph A); R9-3-512 (Paragraph A); R9-3-513 (Paragraph A); 
R9-3-517 (Paragraph A); Section 3, Method 11; Section 3.16, Method 16; 
Section 3.19, Method 19; and Section 3.20, Method 20.
* * * * *
    (50) * * *
    (ii) * * *
    (B) Arizona State: Chapter 14, Air Pollution, Article 1. State Air 
Pollution Control, Sections 36-1700 to 36-1702, 36-1704 to 36-1706, 36-
1707 to 36-1707.06, 36-1708, 36-1720.01, and 36-1751 to 36-1753.
* * * * *
    (D) Previously approved on June 18, 1982, in paragraph 
(c)(50)(ii)(B) of this section and now deleted without replacement: 
Arizona Revised Statutes section 36-1700.
* * * * *
    (54) * * *
    (i) * * *
    (I) Previously approved on September 28, 1982, in paragraph 
(c)(54)(i)(C) of this section and now deleted without replacement: R9-
3-511 (Paragraph A to A.1 and A.2), R9-3-513 (Paragraph A to A.1 and 
A.2), and R9-3-517 (Paragraph A to A.1).
* * * * *
[FR Doc. 2016-02714 Filed 2-10-16; 8:45 am]
 BILLING CODE 6560-50-P