Revisions to the Arizona State Implementation Plan, Maricopa County, 78167-78168 [2010-31331]
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Federal Register / Vol. 75, No. 240 / Wednesday, December 15, 2010 / Rules and Regulations
• Do 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);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are 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 CAA; and
• Do not provide 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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because a
determinations of attainment is an
action that affects the status of a
geographical area and does not impose
any new regulatory requirements on
tribes, impact any existing sources of air
pollution on tribal lands, nor impair the
maintenance of ozone national ambient
air quality standards in tribal lands.
However, because there are tribal lands
located in Milwaukee County, we
provided the affected tribe with the
opportunity to consult with EPA on the
attainment determination. The
consultation occurred on November 15,
2010. The affected tribe raised no
concerns.
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. 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.
These actions are not ‘‘major rules’’ as
defined by 5 U.S.C. 804(2).
VerDate Mar<15>2010
16:44 Dec 14, 2010
Jkt 223001
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by February 14, 2011. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of these actions 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
EPA can withdraw these direct final
rules and address the comment in the
proposed rulemaking. These actions
may not be challenged later in
proceedings to enforce their
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: November 24, 2010.
Susan Hedman,
Regional Administrator, Region 5.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart YY—Wisconsin
2. Section 52.2585 is amended by
adding paragraph (y) to read as follows:
■
§ 52.2585
Control strategy: Ozone.
*
*
*
*
*
(y) Determination of attainment. EPA
has determined, as of December 15,
2010 that the Milwaukee-Racine, WI
and Sheboygan, WI areas have attained
the 1997 8-hour ozone standard. These
determinations suspend the
requirements for these areas to submit
attainment demonstrations and
associated reasonably available control
measures (RACM), reasonable further
progress plans (RFP), contingency
measures, and other State
Implementation Plan (SIP) revisions
related to attainment of the standard for
as long as the areas continue to attain
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78167
the 1997 8-hour ozone standard. These
determinations also stay the
requirement for EPA to promulgate
attainment demonstration and RFP
Federal Implementation Plans (FIPs) for
these areas.
[FR Doc. 2010–31339 Filed 12–14–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2010–0521; FRL–9233–3]
Revisions to the Arizona State
Implementation Plan, Maricopa County
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is finalizing approval of
revisions to the Maricopa County
portion of the Arizona State
Implementation Plan (SIP). These
revisions were proposed in the Federal
Register on September 2, 2010 and
concern particulate matter (PM)
emissions from fugitive dust sources
such as construction sites and related
activities, unpaved roads, unpaved
parking lots, and disturbed soils on
vacant lots. We are approving local rules
that regulate these emission sources
under the Clean Air Act as amended in
1990 (CAA or the Act).
DATES: Effective Date: This rule is
effective on January 14, 2011.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2010–0521 for
this action. The index to the docket is
available electronically at https://
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), 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:
Andrew Steckel, EPA Region IX, (415)
947–4115, steckel.andrew@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
SUMMARY:
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
E:\FR\FM\15DER1.SGM
15DER1
78168
Federal Register / Vol. 75, No. 240 / Wednesday, December 15, 2010 / Rules and Regulations
IV. Statutory and Executive Order Reviews
Local agency
I. Proposed Action
On September 2, 2010 (75 FR 53907),
EPA proposed to approve the following
rules into the Arizona SIP.
Rule No.
MCAPCD ......................................
MCAPCD ......................................
MCAPCD ......................................
310
310.01
We proposed to approve these rules
because we determined that they
complied with the relevant CAA
requirements. Our proposed action
contains more information on the rules
and our evaluation.
II. Public Comments and EPA
Responses
EPA’s proposed action provided a 30day public comment period. During this
period, we received no comments.
III. EPA Action
No comments were submitted that
change our assessment that the
submitted rules comply with the
relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the
Act, EPA is fully approving these rules
into the Arizona SIP.
emcdonald on DSK2BSOYB1PROD with RULES
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 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 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
VerDate Mar<15>2010
16:44 Dec 14, 2010
Jkt 223001
Rule title
Adopted
Fugitive Dust From Dust-Generating Operations .............................
Fugitive Dust From Non-Traditional Sources of Fugitive Dust .........
Appendix C–Fugitive Dust Test Methods .........................................
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
• Will not have disproportionately
high and adverse human health or
environmental effects on minority, lowincome or Tribal populations because it
maintains or increases the level of
environmental protection for all affected
populations without having any
disproportionately high and adverse
human health or environmental effects
on any population, including any
minority or low-income population as
described in Executive Order 12898 (59
FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not 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. 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
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
Submitted
01/27/10
01/27/10
03/26/08
04/12/10
04/12/10
07/10/08
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
particulate matter, Reporting and
recordkeeping requirements.
Dated: November 3, 2010.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
■
PART 52—[AMENDED]
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart D—Arizona
2. Section 52.120 is amended by
adding paragraphs (c)(146) and (c)(147)
to read as follows:
■
§ 52.120
Identification of plan.
*
*
*
*
*
(c) * * *
(146) The following plan was
submitted on April 12, 2010 by the
Governor’s designee.
(i) Incorporation by reference.
(A) Maricopa County Air Quality
Department.
(1) Rule 310, ‘‘Fugitive Dust From
Dust-Generating Operations,’’ adopted
on January 27, 2010.
(2) Rule 310.01, ‘‘Fugitive Dust From
Non-Traditional Sources of Fugitive
Dust,’’ adopted on January 27, 2010.
(147) The following plan was
submitted on July 10, 2008 by the
Governor’s designee.
(i) Incorporation by reference.
(A) Maricopa County Air Quality
Department.
(1) Appendix C—‘‘Fugitive Dust Test
Methods,’’ adopted on March 26, 2008.
[FR Doc. 2010–31331 Filed 12–14–10; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\15DER1.SGM
15DER1
]]>Agencies
[Federal Register Volume 75, Number 240 (Wednesday, December 15, 2010)]
[Rules and Regulations]
[Pages 78167-78168]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31331]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2010-0521; FRL-9233-3]
Revisions to the Arizona State Implementation Plan, Maricopa
County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is finalizing approval of revisions to the Maricopa County
portion of the Arizona State Implementation Plan (SIP). These revisions
were proposed in the Federal Register on September 2, 2010 and concern
particulate matter (PM) emissions from fugitive dust sources such as
construction sites and related activities, unpaved roads, unpaved
parking lots, and disturbed soils on vacant lots. We are approving
local rules that regulate these emission sources under the Clean Air
Act as amended in 1990 (CAA or the Act).
DATES: Effective Date: This rule is effective on January 14, 2011.
ADDRESSES: EPA has established docket number EPA-R09-OAR-2010-0521 for
this action. The index to the docket is available electronically at
https://www.regulations.gov and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco, California. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
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: Andrew Steckel, EPA Region IX, (415)
947-4115, steckel.andrew@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
[[Page 78168]]
IV. Statutory and Executive Order Reviews
I. Proposed Action
On September 2, 2010 (75 FR 53907), EPA proposed to approve the
following rules into the Arizona SIP.
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
MCAPCD................................... 310 Fugitive Dust From Dust- 01/27/10 04/12/10
Generating Operations.
MCAPCD................................... 310.01 Fugitive Dust From Non- 01/27/10 04/12/10
Traditional Sources of Fugitive
Dust.
MCAPCD................................... ......... Appendix C-Fugitive Dust Test 03/26/08 07/10/08
Methods.
----------------------------------------------------------------------------------------------------------------
We proposed to approve these rules because we determined that they
complied with the relevant CAA requirements. Our proposed action
contains more information on the rules and our evaluation.
II. Public Comments and EPA Responses
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 that change our assessment that the
submitted rules comply with the relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the Act, EPA is fully approving
these rules into the Arizona SIP.
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 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 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
Will not have disproportionately high and adverse human
health or environmental effects on minority, low-income or Tribal
populations because it maintains or increases the level of
environmental protection for all affected populations without having
any disproportionately high and adverse human health or environmental
effects on any population, including any minority or low-income
population as described in Executive Order 12898 (59 FR 7629, February
16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not 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. 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, particulate matter, Reporting
and recordkeeping requirements.
Dated: November 3, 2010.
Jared Blumenfeld,
Regional Administrator, Region IX.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
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 paragraphs (c)(146) and (c)(147)
to read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
(146) The following plan was submitted on April 12, 2010 by the
Governor's designee.
(i) Incorporation by reference.
(A) Maricopa County Air Quality Department.
(1) Rule 310, ``Fugitive Dust From Dust-Generating Operations,''
adopted on January 27, 2010.
(2) Rule 310.01, ``Fugitive Dust From Non-Traditional Sources of
Fugitive Dust,'' adopted on January 27, 2010.
(147) The following plan was submitted on July 10, 2008 by the
Governor's designee.
(i) Incorporation by reference.
(A) Maricopa County Air Quality Department.
(1) Appendix C--``Fugitive Dust Test Methods,'' adopted on March
26, 2008.
[FR Doc. 2010-31331 Filed 12-14-10; 8:45 am]
BILLING CODE 6560-50-P
