Revisions to the Arizona State Implementation Plan, Maricopa County Area, 72579-72580 [2013-28244]

Download as PDF Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Rules and Regulations c. Redesignate paragraphs (e)(2)(iii) and (iv) as new paragraphs (e)(2)(ii) and (iii), respectively. The revisions read as follows: ■ § 17.36 Enrollment—provision of hospital and outpatient care to veterans. * * * * * (e) * * * (1) Quadriplegia and quadriparesis; paraplegia; legal blindness defined as visual impairment of 20/200 or less visual acuity in the better seeing eye with corrective lenses, or a visual field restriction of 20 degrees or less in the better seeing eye with corrective lenses; persistent vegetative state; or a condition resulting from two of the following procedures, provided the two procedures were not on the same limb: (i) Amputation, detachment, or reamputation of or through the hand; (ii) Disarticulation, detachment, or reamputation of or through the wrist; (iii) Amputation, detachment, or reamputation of the forearm at or through the radius and ulna; (iv) Amputation, detachment, or disarticulation of the forearm at or through the elbow; (v) Amputation, detachment, or reamputation of the arm at or through the humerus; (vi) Disarticulation or detachment of the arm at or through the shoulder; (vii) Interthoracoscapular (forequarter) amputation or detachment; (viii) Amputation, detachment, or reamputation of the leg at or through the tibia and fibula; (ix) Amputation or detachment of or through the great toe; (x) Amputation or detachment of or through the foot; Local agency ADEQ .......................................... 49–474.01 ADEQ .......................................... ADEQ .......................................... emcdonald on DSK67QTVN1PROD with RULES 9–500.04 11–877 49–457.01 49–474.05 49–474.06 We proposed to approve these statutes because we determined that they complied with the relevant CAA requirements. Our proposed action contains more information on the statutes and our evaluation. 17:13 Dec 02, 2013 [FR Doc. 2013–28858 Filed 12–2–13; 8:45 am] BILLING CODE 8320–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2013–0194; FRL–9838–6] Revisions to the Arizona State Implementation Plan, Maricopa County Area Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: EPA is finalizing approval of revisions to the Maricopa County Area portion of the Arizona State Implementation Plan (SIP). This action was proposed in the Federal Register on April 19, 2013 and concerns particulate matter (PM) emissions from fugitive dust sources. We are approving local statutes that regulate these emission SUMMARY: Statute No. ADEQ .......................................... ADEQ .......................................... ADEQ .......................................... VerDate Mar<15>2010 (xi) Disarticulation or detachment of the foot at or through the ankle; (xii) Amputation or detachment of the foot at or through malleoli of the tibia and fibula; (xiii) Amputation or detachment of the lower leg at or through the knee; (xiv) Amputation, detachment, or reamputation of the leg at or through the femur; (xv) Disarticulation or detachment of the leg at or through the hip; and (xvi) Interpelviaabdominal (hindquarter) amputation or detachment. * * * * * Jkt 232001 sources under the Clean Air Act (CAA or the Act). DATES: This final rule is effective on January 2, 2014. ADDRESSES: EPA has established docket number EPA–R09–OAR–2013–0194 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: Christine Vineyard, EPA Region IX, (415) 947–4125, vineyard.christine@ 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 19, 2013 (78 FR 23527), EPA proposed to approve the following statutes into the Arizona SIP. Rule title Adopted Air Quality Control; Definitions ....................................................... Air Quality Control Measures ......................................................... Leaf Blower Use Restrictions and Training; Leaf Blowers Equipment Sellers; Informational Material; Outreach; Applicability. Additional Board Duties in Vehicle Emissions Control Areas; Definitions. Dust Control; Training; Site Coordinators ...................................... Dust Control Subcontractor Registration; Fee ............................... II. Public Comments and EPA Responses EPA’s proposed action provided a 30day public comment period. During this period, we received one set of comments which were submitted anonymously to the docket for this action at www.regulations.gov. These comments clearly support our April 2013 proposed approval, but also PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 72579 Submitted 07/02/07 07/02/07 07/02/07 05/25/12 05/25/12 05/25/12 07/02/07 05/25/12 07/02/07 07/02/07 05/25/12 05/25/12 present several concerns regarding Arizona’s efforts to reduce PM10 pollution. Specifically, the comments recommend stronger control of emissions from leaf blowers, expanding leaf blowers requirements beyond county employees, control of leaf blowers in vacuum mode, control of leaf blowers on permitted sites, and greater efforts to control coccidioidomycosis. E:\FR\FM\03DER1.SGM 03DER1 72580 Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Rules and Regulations These are all constructive comments that could help reduce the harmful effects of pollution in Arizona. However, we have no authority to require such regulatory improvements as part of today’s action on the submitted Arizona statues. emcdonald on DSK67QTVN1PROD with RULES III. EPA Action No comments were submitted that change our assessment of the statutes as described in our proposed action. Therefore, as authorized in section 110(k)(3) of the Act, EPA is fully approving these statutes 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 VerDate Mar<15>2010 17:13 Dec 02, 2013 Jkt 232001 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 February 3, 2014. 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, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: June 28, 2013. Alexis Strauss, Acting Regional Administrator, Region IX. PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 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)(157)(i)(A)(3) through (5) to read as follows: ■ § 52.120 Identification of plan. * * * * * (c) * * * (157) * * * (i) * * * (A) * * * (3) Arizona Revised Statutes (Thomson/West, 2008): Title 9 (cities and towns), chapter 4 (general powers), article 8 (miscellaneous), section 9– 500.04 (‘‘Air quality control; definitions’’), excluding paragraphs A.1, A.2, A.4, and A.10; paragraphs B through G; and paragraph I. (4) Arizona Revised Statutes (West, 2012): Title 11 (counties), chapter 6 (county planning and zoning), article 6 (air quality), section 11–877 (‘‘Air quality control measures’’). (5) Arizona Revised Statutes (Thomson/West, 2005 main volume, 2012 Cumulative Pocket Part): (i) Title 49 (the environment), chapter 3 (air quality), article 2 (state air pollution control), section 49–457.01 (‘‘Leaf blower use restrictions and training; leaf blowers equipment sellers; informational material; outreach; applicability’’); and (ii) Title 49 (the environment), chapter 3 (air quality), article 3 (county air pollution control), sections 49– 474.01 (‘‘Additional board duties in vehicle emissions control areas; definitions’’), excluding paragraphs A.1 through A.3, A.9, A.10, paragraphs C through G, and paragraph I; 49–474.05 (‘‘Dust control; training; site coordinators’’); and 49–474.06 (‘‘Dust control; subcontractor registration; fee’’). * * * * * [FR Doc. 2013–28244 Filed 12–2–13; 8:45 am] BILLING CODE P Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: PO 00000 Frm 00048 Fmt 4700 Sfmt 9990 E:\FR\FM\03DER1.SGM 03DER1

Agencies

[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Rules and Regulations]
[Pages 72579-72580]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28244]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0194; FRL-9838-6]


Revisions to the Arizona State Implementation Plan, Maricopa 
County Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is finalizing approval of revisions to the Maricopa County 
Area portion of the Arizona State Implementation Plan (SIP). This 
action was proposed in the Federal Register on April 19, 2013 and 
concerns particulate matter (PM) emissions from fugitive dust sources. 
We are approving local statutes that regulate these emission sources 
under the Clean Air Act (CAA or the Act).

DATES: This final rule is effective on January 2, 2014.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2013-0194 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: Christine Vineyard, EPA Region IX, 
(415) 947-4125, vineyard.christine@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 19, 2013 (78 FR 23527), EPA proposed to approve the 
following statutes into the Arizona SIP.

 
----------------------------------------------------------------------------------------------------------------
              Local agency                Statute No.             Rule title              Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
ADEQ....................................     9-500.04  Air Quality Control;                07/02/07     05/25/12
                                                        Definitions.
ADEQ....................................       11-877  Air Quality Control Measures...     07/02/07     05/25/12
ADEQ....................................    49-457.01  Leaf Blower Use Restrictions        07/02/07     05/25/12
                                                        and Training; Leaf Blowers
                                                        Equipment Sellers;
                                                        Informational Material;
                                                        Outreach; Applicability.
ADEQ....................................    49-474.01  Additional Board Duties in          07/02/07     05/25/12
                                                        Vehicle Emissions Control
                                                        Areas; Definitions.
ADEQ....................................    49-474.05  Dust Control; Training; Site        07/02/07     05/25/12
                                                        Coordinators.
ADEQ....................................    49-474.06  Dust Control Subcontractor          07/02/07     05/25/12
                                                        Registration; Fee.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these statutes because we determined that 
they complied with the relevant CAA requirements. Our proposed action 
contains more information on the statutes 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 one set of comments which were 
submitted anonymously to the docket for this action at 
www.regulations.gov. These comments clearly support our April 2013 
proposed approval, but also present several concerns regarding 
Arizona's efforts to reduce PM10 pollution. Specifically, 
the comments recommend stronger control of emissions from leaf blowers, 
expanding leaf blowers requirements beyond county employees, control of 
leaf blowers in vacuum mode, control of leaf blowers on permitted 
sites, and greater efforts to control coccidioidomycosis.

[[Page 72580]]

These are all constructive comments that could help reduce the harmful 
effects of pollution in Arizona. However, we have no authority to 
require such regulatory improvements as part of today's action on the 
submitted Arizona statues.

III. EPA Action

    No comments were submitted that change our assessment of the 
statutes as described in our proposed action. Therefore, as authorized 
in section 110(k)(3) of the Act, EPA is fully approving these statutes 
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
     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 February 3, 2014. 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, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Volatile organic compounds.

    Dated: June 28, 2013.
Alexis Strauss,
Acting 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 paragraphs (c)(157)(i)(A)(3) 
through (5) to read as follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (157) * * *
    (i) * * *
    (A) * * *
    (3) Arizona Revised Statutes (Thomson/West, 2008): Title 9 (cities 
and towns), chapter 4 (general powers), article 8 (miscellaneous), 
section 9-500.04 (``Air quality control; definitions''), excluding 
paragraphs A.1, A.2, A.4, and A.10; paragraphs B through G; and 
paragraph I.
    (4) Arizona Revised Statutes (West, 2012): Title 11 (counties), 
chapter 6 (county planning and zoning), article 6 (air quality), 
section 11-877 (``Air quality control measures'').
    (5) Arizona Revised Statutes (Thomson/West, 2005 main volume, 2012 
Cumulative Pocket Part):
    (i) Title 49 (the environment), chapter 3 (air quality), article 2 
(state air pollution control), section 49-457.01 (``Leaf blower use 
restrictions and training; leaf blowers equipment sellers; 
informational material; outreach; applicability''); and
    (ii) Title 49 (the environment), chapter 3 (air quality), article 3 
(county air pollution control), sections 49-474.01 (``Additional board 
duties in vehicle emissions control areas; definitions''), excluding 
paragraphs A.1 through A.3, A.9, A.10, paragraphs C through G, and 
paragraph I; 49-474.05 (``Dust control; training; site coordinators''); 
and 49-474.06 (``Dust control; subcontractor registration; fee'').
* * * * *
[FR Doc. 2013-28244 Filed 12-2-13; 8:45 am]
BILLING CODE P