Approval of Air Quality Implementation Plan; Arizona; Attainment Plan for 1997 8-Hour Ozone Standard, 35285-35287 [2012-13817]
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Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. section 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 rule 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. section 804(2).
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 August 13, 2012. 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 Parts 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: April 11, 2012.
Lisa P. Jackson,
Administrator.
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:
■
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Authority: 42 U.S.C. 7401 et seq.
Subpart D—Arizona
2. Section 52.120 is amended by
revising paragraph (c)(69)(i)(A) and
adding paragraph (c)(148) to read as
follows:
■
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§ 52.120
Identification of plan.
*
*
*
*
*
(c) * * *
(69) * * *
(i) * * *
(A) Arizona Department of Weights
and Measures. (1) Letter from Grant
Woods, Attorney General, State of
Arizona, to John U. Hays, Director,
Department of Weights and Measures,
dated August 31, 1993, and enclosed
Form R102 (‘‘Certification of Rules and
Order of Rule Adoption’’).
(2) Arizona Administrative Code,
Article 9 (‘‘Gasoline Vapor Control’’),
Rules R4–31–901 through R4–31–910,
adopted August 27, 1993, effective (for
state purposes) on August 31, 1993.
*
*
*
*
*
(148) The following plan revision was
submitted on September 21, 2009 by the
Governor’s designee.
(i) Incorporation by reference. (A)
Arizona Department of Weights and
Measures. (1) Arizona Revised Statutes,
title 41 (State Government), chapter 15
(Department of Weights and Measures),
as amended and supplemented by the
general and permanent laws enacted
through the First Special Session, and
legislation effective January 11, 2011 of
the First Regular Session of the Fiftieth
Legislature (2011):
(i) Article 1 (General Provisions),
section 41–2051 (‘‘Definitions’’),
subsections (6) (‘‘Certification’’), (10)
(‘‘Department’’), (11) (‘‘Diesel fuel’’),
(12) (‘‘Director’’), and (13) (‘‘E85’’),
amended by Laws 2008, Ch. 254, § 2;
(ii) Article 6 (Motor Fuel), section 41–
2121 (‘‘Definitions’’), subsection (5)
(‘‘Gasoline’’) amended by Laws 2007,
Ch. 292, § 11; and
(iii) Article 7 (Gasoline Vapor
Control), section 41–2131
(‘‘Definitions’’), added by Laws 1992,
Ch. 299, § 6; section 41–2132 (‘‘Stage I
and stage II vapor recovery systems’’),
amended by Laws 2010, Ch. 181, § 2;
and section 41–2133 (‘‘Compliance
schedules’’), amended by Laws 1999,
Ch. 295, § 17.
(2) Arizona Administrative Code, title
20, chapter 2, article 1 (Administration
and Procedures), section R20–2–101
(‘‘Definitions’’), effective (for state
purposes) on June 5, 2004.
(3) Arizona Administrative Code, title
20, chapter 2, article 9 (Gasoline Vapor
Control):
(i) Sections R20–2–901 (‘‘Material
Incorporated by Reference’’), R20–2–902
(‘‘Exemptions’’), R20–2–903
(‘‘Equipment and Installation’’), R20–2–
904 (‘‘Application Requirements and
Process for Authority to Construct Plan
Approval’’), R20–2–905 (‘‘Initial
Inspection and Testing’’), R20–2–910
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35285
(‘‘Annual Inspection and Testing’’),
R20–2–911 (‘‘Compliance Inspections’’),
and R20–2–912 (‘‘Enforcement’’),
effective (for state purposes) on June 5,
2004.
(ii) Sections R20–2–907
(‘‘Operation’’), R20–2–908 (‘‘Training
and Public Education’’), and R20–2–909
(‘‘Recordkeeping and Reporting’’),
effective (for state purposes) on October
8, 1998.
[FR Doc. 2012–14148 Filed 6–12–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR 52
[EPA–R09–OAR–2012–0253; FRL–9682–5]
Approval of Air Quality Implementation
Plan; Arizona; Attainment Plan for
1997 8-Hour Ozone Standard
U.S. Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a state
implementation plan (SIP) revision
submitted by the State of Arizona on
June 13, 2007, to demonstrate
attainment of the 1997 8-hour ozone
national ambient air quality standards
(NAAQS) in the Phoenix-Mesa
nonattainment area by June 15, 2009.
This action was proposed in the Federal
Register on April 11, 2012. EPA is
approving the submitted SIP revision
based on our determination that it
contains all of the SIP elements required
for ozone nonattainment areas under
title I, part D, subpart 1 of the Clean Air
Act (CAA) for the 1997 8-hour ozone
NAAQS.
SUMMARY:
DATES:
This rule is effective on July 13,
2012.
EPA has established docket
number EPA–R09–OAR–2012–0253 for
this action. Generally, documents in the
docket for this action are available
electronically at https://
www.regulations.gov or in hard copy at
EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed at
https://www.regulations.gov, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material, large maps, multivolume 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
ADDRESSES:
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35286
Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Anita Lee, Air Planning Office (AIR–2),
U.S. Environmental Protection Agency,
Region IX, (415) 972–3958,
lee.anita@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
IV. Statutory and Executive Order Reviews
I. Proposed Action
On April 11, 2012 (70 FR 21690), EPA
proposed to approve the ‘‘Eight-Hour
Ozone Plan for the Maricopa
Nonattainment Area’’ (2007 Ozone Plan)
submitted as a SIP revision by the
Arizona Department of Environmental
Quality (ADEQ) on June 13, 2007. We
proposed to approve the 2007 Ozone
Plan based on our determination that it
contains all of the plan elements
required for ozone nonattainment areas
under title I, part D, subpart 1 of the
CAA, including the demonstration of
reasonably available control measures
(RACM), reasonable further progress
(RFP), emission inventories,
transportation conformity motor vehicle
emission budgets for 2008, and
contingency measures to be
implemented if the Phoenix-Mesa
nonattainment area fails to attain by
June 15, 2009.
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II. Public Comments and EPA
Responses
EPA provided a 30-day public
comment period on our proposed
action. This comment period ended on
May 11, 2012. We received no
comments.
III. EPA Action
Under CAA section 110(k)(3), EPA is
fully approving the 2007 Ozone Plan for
Phoenix-Mesa based on our
determination that it meets all
applicable requirements under subpart 1
of part D, title I of the CAA for the 1997
8-hour ozone NAAQS, as follows:
1. The 2002 base year emission
inventory as meeting the requirements
of CAA section 172(c)(3) and 40 CFR
51.915;
2. The reasonably available control
measures demonstration as meeting the
requirements of CAA section 172(c)(1)
and 40 CFR 51.912(d);
3. The reasonable further progress
demonstration as meeting the
requirements of CAA section 172(c)(2)
and 40 CFR 51.910;
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4. The attainment demonstration as
meeting the requirements of CAA
section 172(c)(1) and 40 CFR 51.908;
5. The contingency measures for
failure to make RFP or to attain as
meeting the requirements of CAA
section 172(c)(9); and
6. The motor vehicle emission
budgets for the attainment year of 2008,
which are derived from the attainment
demonstration, as meeting the
requirements of CAA section 176(c) and
40 CFR part 93, subpart A.
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
PO 00000
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Fmt 4700
Sfmt 4700
• Does not provide 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, 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).
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 August 13, 2012.
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, Incorporation by
reference, Ozone, Nitrogen dioxide,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 25, 2012.
Jared Blumenfeld,
Regional Administrator, EPA Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
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Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Rules and Regulations
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 paragraph (c)(149) to read as
follows:
■
§ 52.120
Identification of plan.
*
*
*
*
*
(c) * * *
(149) The following plan was
submitted on June 13, 2007 by the
Governor’s designee.
(i) [Reserved]
(ii) Additional Materials. (A) Arizona
Department of Environmental Quality.
(1) Letter dated June 13, 2007 from
Stephen A. Owens, Director, ADEQ, to
Wayne Nastri, Regional Administrator,
United States Environmental Protection
Agency, Region IX.
(2) Eight-Hour Ozone Plan for the
Maricopa Nonattainment Area, dated
June 2007, including Appendices,
Volumes One and Two.
[FR Doc. 2012–13817 Filed 6–12–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0091, EPA–R03–
OAR–2011–0584; FRL–9685–2]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Regional Haze State Implementation
Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is finalizing the limited
approval of the Commonwealth of
Virginia’s Regional Haze State
Implementation Plan (SIP) revision.
EPA is taking this action because
Virginia’s SIP revision, as a whole,
strengthens the Virginia SIP. This action
is being taken in accordance with the
requirements of the Clean Air Act (CAA)
and EPA’s rules for states to prevent and
remedy future and existing
anthropogenic impairment of visibility
in mandatory Class I areas through a
regional haze program. EPA is also
approving this revision as meeting the
infrastructure requirements relating to
visibility protection for the 1997 8-hour
ozone National Ambient Air Quality
Standard (NAAQS) and the 1997 and
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SUMMARY:
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2006 fine particulate matter (PM2.5)
NAAQS.
DATES: This final rule is effective on July
13, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2011–0091,
EPA–R03–OAR–2011–0584. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Virginia Department of
Environmental Quality, 629 East Main
Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT:
Melissa Linden, (215) 814–2096, or by
email at linden.melissa@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On January 25, 2012 (77 FR 3691),
EPA published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Virginia. The NPR
proposed limited approval and limited
disapproval of Virginia’s Regional Haze
SIP. The formal SIP revisions were
submitted by the Virginia Department of
Environmental Quality (VADEQ) on July
17, 2008, March 6, 2009, January 14,
2010, October 4, 2010, November 19,
2010, and May 6, 2011. This revision
also meets the requirements of CAA
sections 110(a)(2)(D)(i)(II) and 110
(a)(2)(J), relating to visibility protection
for the 1997 8-hour ozone NAAQS and
the 1997 and 2006 PM2.5 NAAQS.
II. Summary of SIP Revision
The SIP revision includes a long term
strategy with enforceable measures
ensuring reasonable progress towards
meeting the reasonable progress goals
for the first planning period through
2018. Virginia’s Regional Haze Plan
contains the emission reductions
needed to achieve Virginia’s share of
emission reductions and sets the
reasonable progress goals for other states
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35287
to achieve reasonable progress at the
two Class I Areas within Virginia,
Shenandoah National Park and James
River Face Wilderness Area. The
specific requirements of the CAA and
EPA’s Regional Haze Rule (RH rule) (64
FR 35732, July 1, 1999) and the
rationale for EPA’s proposed action are
explained in the NPR and will not be
restated here. EPA received numerous
adverse comments on the January 25,
2012 NPR. A summary of the comments
submitted and EPA’s responses are
provided in section III of this document.
III. Summary of Public Comments and
EPA Responses
Comment: The commenter argued that
EPA’s proposed limited approval/
limited disapproval action based on
Virginia’s reliance on clean air interstate
rule (CAIR) is unwarranted and should
be withdrawn. Instead, the commenter
states that EPA should grant full and
unconditional approval of the Virginia
Regional Haze SIP. The commenter
disagreed that CAIR renders the State’s
SIP unable to satisfy all of the CAA’s
regional haze SIP requirements. The
commenter noted that Virginia’s SIP
was submitted prior to the remand of
CAIR and relied on the requirements
under 40 CFR 51.308(e)(4), which
remain in effect at this time. The
commenter argued that as a result, the
Virginia SIP is entirely consistent with
the applicable law. The commenter also
argued that if the D.C. Circuit
invalidates the cross state air pollution
rule (CSAPR), EPA’s limited
disapprovals of regional haze SIPs due
to their reliance on the CAIR equals best
available retrofit technology (BART)
provision of the regional haze rules will
have created unnecessary complications
for states that should properly be able to
continue their reliance on CAIR. The
commenter argued that EPA does not
have a basis to propose or promulgate
disapproval or limited disapproval of a
Regional Haze SIP due to its reliance on
CAIR and on 40 CFR 51.308(e)(4)
because the SIP is fully compliant with
the relevant regulations as they exist
today.1 The commenter believes that the
only proper course of action for EPA is
to promptly promulgate a full and
unconditional approval of the Virginia
SIP.
Response: EPA disagrees with the
commenter and has determined the
limited approval/limited disapproval is
appropriate for this SIP. The
requirements for a BART alternative
program, specific to trading programs in
40 CFR 51.308(e)(2) state that ‘‘such an
1 The word ‘‘today’’ in the text refers to the date
of the comment letter, February 24, 2012.
E:\FR\FM\13JNR1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 114 (Wednesday, June 13, 2012)]
[Rules and Regulations]
[Pages 35285-35287]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13817]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR 52
[EPA-R09-OAR-2012-0253; FRL-9682-5]
Approval of Air Quality Implementation Plan; Arizona; Attainment
Plan for 1997 8-Hour Ozone Standard
AGENCY: U.S. Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a state implementation plan (SIP) revision
submitted by the State of Arizona on June 13, 2007, to demonstrate
attainment of the 1997 8-hour ozone national ambient air quality
standards (NAAQS) in the Phoenix-Mesa nonattainment area by June 15,
2009. This action was proposed in the Federal Register on April 11,
2012. EPA is approving the submitted SIP revision based on our
determination that it contains all of the SIP elements required for
ozone nonattainment areas under title I, part D, subpart 1 of the Clean
Air Act (CAA) for the 1997 8-hour ozone NAAQS.
DATES: This rule is effective on July 13, 2012.
ADDRESSES: EPA has established docket number EPA-R09-OAR-2012-0253 for
this action. Generally, documents in the docket for this action are
available electronically at https://www.regulations.gov or in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While
all documents in the docket are listed at https://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
[[Page 35286]]
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.
FOR FURTHER INFORMATION CONTACT: Anita Lee, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, (415) 972-3958,
lee.anita@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
IV. Statutory and Executive Order Reviews
I. Proposed Action
On April 11, 2012 (70 FR 21690), EPA proposed to approve the
``Eight-Hour Ozone Plan for the Maricopa Nonattainment Area'' (2007
Ozone Plan) submitted as a SIP revision by the Arizona Department of
Environmental Quality (ADEQ) on June 13, 2007. We proposed to approve
the 2007 Ozone Plan based on our determination that it contains all of
the plan elements required for ozone nonattainment areas under title I,
part D, subpart 1 of the CAA, including the demonstration of reasonably
available control measures (RACM), reasonable further progress (RFP),
emission inventories, transportation conformity motor vehicle emission
budgets for 2008, and contingency measures to be implemented if the
Phoenix-Mesa nonattainment area fails to attain by June 15, 2009.
II. Public Comments and EPA Responses
EPA provided a 30-day public comment period on our proposed action.
This comment period ended on May 11, 2012. We received no comments.
III. EPA Action
Under CAA section 110(k)(3), EPA is fully approving the 2007 Ozone
Plan for Phoenix-Mesa based on our determination that it meets all
applicable requirements under subpart 1 of part D, title I of the CAA
for the 1997 8-hour ozone NAAQS, as follows:
1. The 2002 base year emission inventory as meeting the
requirements of CAA section 172(c)(3) and 40 CFR 51.915;
2. The reasonably available control measures demonstration as
meeting the requirements of CAA section 172(c)(1) and 40 CFR 51.912(d);
3. The reasonable further progress demonstration as meeting the
requirements of CAA section 172(c)(2) and 40 CFR 51.910;
4. The attainment demonstration as meeting the requirements of CAA
section 172(c)(1) and 40 CFR 51.908;
5. The contingency measures for failure to make RFP or to attain as
meeting the requirements of CAA section 172(c)(9); and
6. The motor vehicle emission budgets for the attainment year of
2008, which are derived from the attainment demonstration, as meeting
the requirements of CAA section 176(c) and 40 CFR part 93, subpart A.
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
Does not provide 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, 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).
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 August 13, 2012. 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, Incorporation by
reference, Ozone, Nitrogen dioxide, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 25, 2012.
Jared Blumenfeld,
Regional Administrator, EPA Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
[[Page 35287]]
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 paragraph (c)(149) to read as
follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
(149) The following plan was submitted on June 13, 2007 by the
Governor's designee.
(i) [Reserved]
(ii) Additional Materials. (A) Arizona Department of Environmental
Quality. (1) Letter dated June 13, 2007 from Stephen A. Owens,
Director, ADEQ, to Wayne Nastri, Regional Administrator, United States
Environmental Protection Agency, Region IX.
(2) Eight-Hour Ozone Plan for the Maricopa Nonattainment Area,
dated June 2007, including Appendices, Volumes One and Two.
[FR Doc. 2012-13817 Filed 6-12-12; 8:45 am]
BILLING CODE 6560-50-P
