[Federal Register Volume 81, Number 97 (Thursday, May 19, 2016)]
[Rules and Regulations]
[Pages 31513-31515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11744]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0793; FRL-9946-58-Region 9]


Partial Approval and Partial Disapproval of Air Quality State 
Implementation Plans; Arizona; Infrastructure Requirements To Address 
Interstate Transport for the 2008 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving in part 
and disapproving in part State Implementation Plan (SIP) revisions 
submitted by the Arizona Department of Environmental Quality to address 
the interstate transport requirements of Clean Air Act (CAA or Act) 
section 110(a)(2)(D)(i) with respect to the 2008 ozone national ambient 
air quality standard (NAAQS). We are approving the portion of the 
Arizona SIP pertaining to significant contribution to nonattainment or 
interference with maintenance in another state and disapproving the 
portion of Arizona's SIP pertaining to interstate transport visibility 
requirements. Where EPA is disapproving a portion of the Arizona SIP 
revision, the deficiencies have already been addressed by a federal 
implementation plan (FIP).

DATES: This final rule is effective on June 20, 2016.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2015-0793 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: Tom Kelly, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, (415) 972-3856, 
[email protected].

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

Table of Contents

I. Background
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews

[[Page 31514]]

I. Background

    CAA sections 110(a)(1) and (2) require states to address basic SIP 
requirements to implement, maintain and enforce the NAAQS no later than 
three years after the promulgation of a new or revised standard. 
Section 110(a)(2) outlines the specific requirements that each state is 
required to address in this SIP submission that collectively constitute 
the ``infrastructure'' of a state's air quality management program. SIP 
submittals that address these requirements are referred to as 
``infrastructure SIPs'' (I-SIP). In particular, CAA section 
110(a)(2)(D)(i)(I) requires that each SIP for a new or revised NAAQS 
contain adequate provisions to prohibit any source or other type of 
emissions activity within the state from emitting air pollutants that 
will ``contribute significantly to nonattainment'' (prong 1) or 
``interfere with maintenance'' (prong 2) of the applicable air quality 
standard in any other state. CAA section 110(a)(2)(D)(i)(II) requires 
SIP provisions that prevent interference with measures required to be 
included in the applicable implementation plan for any other State 
under part C to prevent significant deterioration of air quality (prong 
3) or to protect visibility (prong 4). This action addresses the 
section 110(a)(2)(D)(i) requirements of prongs 1, 2 and 4 with respect 
to Arizona's I-SIP submissions.
    On March 27, 2008, EPA issued a revised NAAQS for ozone.\1\ This 
action triggered a requirement for states to submit an I-SIP to address 
the applicable requirements of section 110(a)(2) within three years of 
issuance of the revised NAAQS. On December 27, 2012, the Arizona 
Department of Environmental Quality (ADEQ) submitted its 2008 ozone 
NAAQS I-SIP. On December 3, 2015, ADEQ submitted a supplement to the 
2012 submittal further addressing 110(a)(2)(D)(i) prongs 1, 2, and 
4.\2\
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    \1\ National Ambient Air Quality Standards for Ozone; Final 
Rule, 73 FR 16436 (March 27, 2008).
    \2\ ``Arizona State Implementation Plan Revisions for 2008 Ozone 
and 2010 Nitrogen Dioxide Under Clean Air Act Section 110(a)(2)(D) . 
. .'' Signed December 3, 2015. Also see email from Heidi Haggerty of 
ADEQ: AZ 2015 Ozone Transport I-SIP Submittal Clarification. Sent 
December 9, 2015.
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    On July 14, 2015, EPA partially approved and partially disapproved 
Arizona's 2012 submittal for the 2008 ozone NAAQS for the I-SIP 
elements C, D, J, and K. EPA partially approved and partially 
disapproved the submittal for purposes of 110(a)(2)(D)(i)(II) prong 3 
and partially approved and partially disapproved the submittal for 
purposes of 110(a)(2)(D)(ii) (relating to CAA sections 115 and 126).\3\ 
We subsequently took action on I-SIP elements A, B, E-H, L, and M for 
the 2008 ozone NAAQS on August 10, 2015.\4\ We also stated our 
intention to propose action on the I-SIP submittal for the 2008 ozone 
NAAQS 110(a)(2)(D)(i) prongs 1, 2, and 4 in an additional action.\5\ 
Additionally, pursuant to a judgment issued by the Northern District of 
California in Sierra Club vs. McCarthy, EPA must take final action on 
110(a)(2)(D) prongs 1, 2, and 4 of Arizona's December 2012 SIP revision 
by June 7, 2016.\6\
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    \3\ Partial Approval and Partial Disapproval of Air Quality 
State Implementation Plans; Arizona; Infrastructure Requirements for 
Lead and Ozone. 80 FR 40905 (July 14, 2015).
    \4\ 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). 80 
FR 47859 (August 10, 2015).
    \5\ Id.
    \6\ Judgment, Sierra Club v. McCarthy, Case 4:14-cv-05091-YGR 
(N.D. Cal. May 15, 2015).
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    On March 22, 2016, EPA proposed to approve in part, and disapprove 
in part, the 2012 and 2015 SIP revisions addressing the infrastructure 
requirements of CAA section 110(a)(2)(D)(i) for the 2008 ozone 
NAAQS.\7\ The rationale supporting EPA's actions is explained in our 
proposal notice and the associated TSD and will not be restated here. 
The proposed rule and TSD are available online at http://www.regulations.gov, Docket ID number EPA-R09-OAR-2015-0793.
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    \7\ Partial Approval and Partial Disapproval of Air Quality 
State Implementation Plans; Arizona; Infrastructure Requirements to 
Address Interstate Transport for the 2008 Ozone NAAQS. 81 FR 1520. 
(March 22, 2016).
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II. Public Comments

    EPA received no comments on the proposed action during the public 
comment period.

III. Final Action

    Under CAA section 110(k)(3), and based on the evaluation and 
rationale presented in the proposed rule, the related TSD, and this 
final rule, EPA is approving in part and disapproving in part Arizona 
SIP revisions addressing the interstate transport requirements of CAA 
section 110(a)(2)(D) with respect to the 2008 ozone NAAQS.
    EPA is approving Arizona's SIP as meeting the interstate transport 
requirements of CAA section 110(a)(2)(D)(i)(I) prongs 1 and 2 for the 
2008 ozone NAAQS. EPA is disapproving Arizona's SIP with respect to the 
interstate transport requirements of CAA section 110(a)(2)(D)(i)(II) 
prong 4 for the 2008 ozone NAAQS. However, because EPA has issued 
Regional Haze FIPs addressing visibility requirements in Arizona, no 
additional FIP obligation is triggered by the disapproval of this 
portion of Arizona's infrastructure SIP. EPA will continue to work with 
Arizona to incorporate emission limits to address the requirements of 
the Regional Haze Rule into the state SIP.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, will 
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

[[Page 31515]]

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because 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, and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law. Thus, Executive Order 13175 does not apply to this action.

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not impose additional 
requirements beyond those imposed by state law.

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

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

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

    The EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

L. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 18, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Approval and 
promulgation of implementation plans, Incorporation by reference, 
Oxides of nitrogen, Ozone, and Volatile organic compounds.

    Dated: May 6, 2016.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2016-11744 Filed 5-18-16; 8:45 am]
 BILLING CODE 6560-50-P