[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)]
[Proposed Rules]
[Pages 2305-2308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00054]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR- 2016-0702; FRL-9957-95-Region 9]


Approval of Arizona Air Plan Revisions, Arizona Department of 
Environmental Quality and Pinal County Air Quality Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Arizona State Implementation Plan (SIP). These 
revisions include a state statute and certain state rules that govern 
air pollution sources under the Arizona Department of Environmental 
Quality (ADEQ) and the Pinal County Air Quality Control District 
(PCAQCD). These revisions concern emissions of particulate matter (PM) 
from construction sites, agricultural activity and other fugitive dust 
sources. We are proposing to approve local rules to regulate these 
emission sources under the Clean Air Act (CAA or the Act). We are 
taking comments on this proposal and plan to follow with a final 
action.

DATES: Any comments must arrive by February 8, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0702 at http://www.regulations.gov, or via email to 
[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: Christine Vineyard, EPA Region IX, 
(415) 947-4125, [email protected].

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

Table of Contents

I. The State's Submittal
    A. What statute and rules did the State submit?
    B. Are there other versions of the statute and rules?
    C. What is the purpose of the submitted rules and statute 
revisions?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rules and statute?
    B. Do the rules and statute meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rules
    D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What statute and rules did the State submit?

    Table 1 lists the statute and rules addressed by this proposal with 
the dates that they were adopted by the state or local air agency and 
submitted by the ADEQ.

[[Page 2306]]



                                      Table 1--Submitted Statute and Rules
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Local agency                   Rule No.....................  Rule title.....           Adopted         Submitted
----------------------------------------------------------------------------------------------------------------
PCAQCD.......................  Chapter 4--Article 1........  Fugitive Dust..          10/28/15          12/21/15
PCAQCD.......................  Chapter 4--Article 3........  Construction             10/28/15          12/21/15
                                                              Sites--Fugitiv
                                                              e Dust.
----------------------------------------------------------------------------------------------------------------
   Arizona Revised Statutes             Statute No.           Statute title    Effective date       Submitted
            (ARS)
----------------------------------------------------------------------------------------------------------------
ARS..........................  Sec.   49-424...............  Duties of                 4/18/14          12/21/15
                                                              Department.
----------------------------------------------------------------------------------------------------------------
 Arizona Administrative Code              AAC No.               AAC title              Amended/     Submitted
        (AAC) Rule No.                                                          effective date
----------------------------------------------------------------------------------------------------------------
AAC..........................  R18-2-210...................  Attainment,              07/01/14          12/21/15
                                                              Nonattainment,
                                                              and
                                                              Unclassifiable
                                                              Area
                                                              Designations.
AAC..........................  R18-2-610...................  Definitions for          07/02/15          12/21/15
                                                              R18-2-610.01,
                                                              R18-2-610.02,
                                                              and R18-2-
                                                              610.03.
AAC..........................  R18-2-610.03................  Agricultural PM          07/02/15          12/21/15
                                                              General Permit
                                                              for Crop
                                                              Operations;
                                                              Pinal County
                                                              PM
                                                              Nonattainment
                                                              Area.
AAC..........................  R18-2-612...................  Definitions for          07/02/15          12/21/15
                                                              R18-2-612.01.
AAC..........................  R18-2-612.01................  Agricultural PM          07/02/15          12/21/15
                                                              General Permit
                                                              for Irrigation
                                                              Districts; PM
                                                              Nonattainment
                                                              Areas
                                                              Designated
                                                              After June 1,
                                                              2009.
AAC..........................  Appendix 2..................  Test Methods             07/02/15          12/21/15
                                                              and Protocols.
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    On March 21, 2016, the EPA determined that the submitted revisions 
from ADEQ and PCAQCD listed in Table 1 met the completeness criteria in 
40 CFR part 51 Appendix V, which must be met before formal EPA review.

B. Are there other versions of the statute and rules?

    There are no previous versions of PCAQCD Chapter 4, Articles 1 and 
3 in the SIP. Table 2 lists versions of the statute and rules EPA has 
previously approved into the SIP.

                                           Table 2--SIP-Approved Rules
----------------------------------------------------------------------------------------------------------------
                                                           Existing SIP-
                                                           approved rule
               ARS                        Title          superseded by this           Previous approval
                                                               action
----------------------------------------------------------------------------------------------------------------
Sec.   49-424....................  Duties of            49-424 (2011)        77 FR 66398 11/05/12
                                    Department.          Duties of
                                                         Department.
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               AAC                        Title             Existing SIP              Previous Approval
                                                         superseded by this
                                                               action
----------------------------------------------------------------------------------------------------------------
R18-2-210........................  Attainment,          Attainment,          79 FR 56656
                                    Nonattainment, and   Nonattainment, and  09/23/14
                                    Unclassifiable       Unclassifiable
                                    Area Designations.   Area Designations.
Appendix 2.......................  Test Methods and     Test Methods and     79 FR 56655
                                    Protocols.           Protocols.          09/23/15
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    In addition, we note that SIP-approved rule R18-2-610, 
``Definitions for R18-2-611,'' has the same AAC number as new rule R18-
2-610, ``Definitions for R18-2-610.01 R18-2-610.02, and R18-2-610.03,'' 
but is not superseded by the new rule. See 66 FR 51869 (October 11, 
2001). Both versions of R18-2-610 will be in the SIP, but can be 
differentiated by their different titles and dates.

C. What is the purpose of the submitted rule and statute revisions?

    Particulate matter, including PM equal to or less than 2.5 microns 
in diameter (PM2.5) and PM equal to or less than 10 microns 
in diameter (PM10), contributes to effects that are harmful 
to human health and the environment, including premature mortality, 
aggravation of respiratory and cardiovascular disease, decreased lung 
function, visibility impairment, and damage to vegetation and 
ecosystems. Section 110(a) of the CAA requires states to submit 
regulations that control PM emissions.
PCAQCD Chapter 4, Article 1--Fugitive Dust
     New rule applies to open areas/vacant lots, unpaved roads, 
unpaved lots and paved public roadways.
     Establishes a 20 percent opacity limit.
     Requires no trespassing signs, physical barriers or other 
effective control measures upon evidence of trespass.
     Limits silt content on unpaved lots and roads to eight 
percent and six percent respectively.
PCAQCD Chapter 4, Article 3--Construction Sites--Fugitive Dust
     New rule designed to regulate PM10 emissions 
attributed to construction activities under both stagnation and windy 
conditions.
     Limits opacity to 20 percent.
ARS Sec.  49-424--Duties of Department
     Revised rule extends the requirement to develop and 
disseminate air quality dust forecasts to the Maricopa County 
PM10 maintenance area and any other PM10 
nonattainment or maintenance areas designated on or after December 31, 
2011.

[[Page 2307]]

AAC R18-2-210--Attainment, Nonattainment, and Unclassifiable Area 
Designations
     Revised rule reflects updated 40 CFR 81.303 as amended 
July 1, 2014.
AAC R18-2-610--Definitions for R18-2-610.01, R18-2-610.02, and R18-2-
610.03
     New rule provides definitions for commercial farms general 
permit rule and applies to general permit rules in other specified 
nonattainment areas.
AAC R18-2-610.03--Agricultural PM General Permit for Crop Operations; 
Pinal County PM Attainment Area
     New menu-based rule requires a general permit for 
commercial farms in the Pinal County PM Nonattainment Area.
     Requires implementation of at least one (best management 
practice) BMP in the following five categories: Tillage, ground 
operations and harvest, noncropland, commercial farm roads, and 
cropland. Beginning in calendar year 2017, and no more than once every 
subsequent three years, requires facility response to an ADEQ survey on 
BMP implementation.
AAC R18-2-612--Definitions for R18-2-612.01
     New rule provides definitions for R18-2-612.01.
AAC R18-2-612.01--Agricultural PM General Permit for Irrigation 
Districts; PM Nonattainment Areas Designated After June 1, 2009
     New menu-based rule requires a general permit for 
irrigation districts in nonattainment areas designated after June 1, 
2009.
     Requires implementation of at least one BMP in the 
following three categories: unpaved operation and maintenance roads, 
canals, and unpaved utility access roads.
     Beginning in calendar year 2017, and no more than once 
every subsequent three years, requires irrigation district response to 
an ADEQ survey on BMP implementation.
AAC Appendix 2--Test Methods and Protocol
     Revised rule adds section L: 40 CFR 51.128 Appendix A 
(1)(B) and section M: Silt Content Test Method.
    The EPA's technical support documents (TSDs) have more information 
about these rules.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the statute and rules?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not 
interfere with applicable requirements concerning attainment and 
reasonable further progress or other CAA requirements (see CAA section 
110(l)), and are limited in how they can modify certain SIP control 
requirements in nonattainment areas (see CAA section 193).
    In addition, generally, SIP rules must implement Reasonably 
Available Control Measures (RACM), including Reasonably Available 
Control Technology (RACT), in moderate PM2.5/PM10 
nonattainment areas (see CAA sections 172(c)(1) and 189(a)(1)(C)). The 
PCAQCD regulates a PM10 nonattainment area classified as 
moderate for the 1987 24-hour PM10 National Ambient Air 
Quality Standard (NAAQS) (40 CFR 81. 303).\1\ A RACM evaluation is 
generally performed in context of a broader plan, so we are not 
proposing to determine whether ADEQ has demonstrated RACM for the Pinal 
area as part of this notice.
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    \1\ The 1997 PM10 24-hour National Ambient Air 
Quality Standard (primary and secondary) is 150 micrograms per cubic 
meter. See https://www.epa.gov/criteria-air-pollutants/naaqs-table.
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    Guidance and policy documents that we use to evaluate 
enforceability, revision/relaxation and rule stringency requirements 
for the applicable criteria pollutants include the following:
    1. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57 
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11, 
1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``PM-10 Guideline Document,'' EPA 452/R-93-008, April 1993.
    5. ``Fugitive Dust Background Document and Technical Information 
Document for Best Available Control Measures,'' EPA 450/2-92-004, 
September 1992.

B. Do the rules and statute meet the evaluation criteria?

    We believe these rules and statute are consistent with CAA 
requirements and relevant guidance and fulfill the evaluation criteria. 
The statute and rules are clear and contain adequate testing, 
recordkeeping and reporting requirements to be sufficiently 
enforceable. The statute and rules strengthen effective requirements 
(e.g., by strengthening/adding general permit rules and BMPs for 
agricultural operations) and are consistent with CAA section 193. The 
statute and rules generally impose RACT-level requirements (e.g., the 
revisions limit silt content on unpaved lots and roads to eight percent 
and six percent respectively) for the affected categories.
    The TSDs have more information on our evaluation.

C. EPA recommendations To Further Improve the Rules

    The TSDs describe additional rule revisions that we recommend for 
the next time the state and local agency modifies the rules.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted rules and statute because we believe they 
fulfill all relevant requirements. We will accept comments from the 
public on this proposal until February 8, 2017. Unless we receive 
convincing new information during the comment period, we intend to 
publish a final approval action that will incorporate these rules and 
statute into the federally-enforceable SIP.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the PCAQCD/ADEQ rules/statute as described in Table 1 of this 
notice. The EPA has made, and will continue to make, these documents 
available electronically through www.regulations.gov and in hard copy 
at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information).

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, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely proposes to approve state law 
as meeting federal requirements and does

[[Page 2308]]

not impose additional requirements beyond those imposed by state law. 
For that reason, this proposed 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, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

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

    Authority:  42 U.S.C. 7401 et seq.

    Dated: December 20, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-00054 Filed 1-6-17; 8:45 am]
 BILLING CODE 6560-50-P