[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Rules and Regulations]
[Pages 11120-11121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04614]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0645; FRL-9942-17-Region 9]


Approval of Arizona Air Plan Revisions; Phoenix, Arizona; Second 
10-Year Carbon Monoxide Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the Arizona State Implementation Plan 
(SIP). This revision is the second ten-year maintenance plan for carbon 
monoxide (CO) for the Phoenix metropolitan area in Maricopa County, 
Arizona. We are also finding adequate and approving transportation 
conformity motor vehicle emissions budgets (MVEB) for the year 2025 and 
beyond. We are taking these actions under the Clean Air Act (CAA or the 
Act).

DATES: This rule is effective on April 4, 2016.

ADDRESSES: The EPA has established docket number EPA-R09-OAR-2015-0645 
for this action. Generally, documents in the docket for this action are 
available electronically at http://www.regulations.gov or in hard copy 
at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at 
the hard copy location (e.g., copyrighted material, large maps, multi-
volume reports), and some may not be available in either location 
(e.g., confidential business information (CBI)). To inspect the hard 
copy materials, please schedule an appointment during normal business 
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT 
section.

FOR FURTHER INFORMATION CONTACT: John Kelly, EPA Region IX, (415) 947-
4151, [email protected].

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

Table of Contents

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

I. Proposed Action

    On October 19, 2015 (80 FR 63185), the EPA proposed to approve the 
Maricopa Association of Governments' (MAG) plan titled ``MAG 2013 
Carbon Monoxide Maintenance Plan for the Maricopa County Area'' 
(hereinafter, ``2013 Maintenance Plan'') into the Arizona SIP.
    We also proposed to find adequate and to approve into the SIP the 
CO MVEB for the year 2025 and beyond.
    We proposed to approve this plan and the CO MVEB because we 
determined that they complied with the relevant CAA requirements. Our 
proposed action contains more information on the plan and MVEB and our 
evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments.

III. EPA Action

    No comments were submitted. Therefore, as authorized in section 
110(k)(3) of the Act, the EPA is fully approving this plan into the 
Arizona SIP. The EPA is also finding adequate and approving the motor 
vehicle emissions budgets in the plan (see Table 1) because we find 
they meet the applicable transportation conformity requirements under 
40 CFR 93.118(e). Table 1 shows the approved and previously approved 
MVEBs for the Phoenix CO Maintenance Area.

   Table 1--Approved and Previously Approved Transportation Conformity Motor Vehicle Emissions Budgets for the
                           Phoenix CO Maintenance Area, in Metric Tons per Day (mtpd)
----------------------------------------------------------------------------------------------------------------
                                                                  Previously       Previously
                                                                   approved         approved         Approved
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Year.........................................................            2006             2015             2025
----------------------------------------------------------------------------------------------------------------
CO MVEB......................................................           699.7            662.9            559.4
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IV. 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 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

[[Page 11121]]

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 May 2, 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. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    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

0
2. Section 52.120 is amended by adding paragraph (c)(173) to read as 
follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (173) The following plan was submitted on April 2, 2013 by the 
Governor's designee.
    (i) [RESERVED].
    (ii) Additional materials.
    (A) Arizona Department of Environmental Quality.
    (1) MAG 2013 Carbon Monoxide Maintenance Plan for the Maricopa 
County Area, adopted by the Maricopa Association of Governments on 
March 27, 2013.
* * * * *
[FR Doc. 2016-04614 Filed 3-2-16; 8:45 am]
 BILLING CODE 6560-50-P