Revisions to the Arizona State Implementation Plan, Maricopa County Area, 17878-17879 [2014-07122]

Download as PDF 17878 Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations 4. Section 52.2052 is amended by designating the existing paragraph as (a) and adding paragraph (b) to read as follows: ENVIRONMENTAL PROTECTION AGENCY § 52.2052 Motor vehicle emissions budgets for Pennsylvania ozone areas. [EPA–R09–OAR–2013–0576; FRL–9904–75– Region 9] * Revisions to the Arizona State Implementation Plan, Maricopa County Area ■ * * * * As of March 31, 2014, EPA approves the following revised 2009 and 2018 Motor Vehicle Emissions Budgets (MVEBs) for nitrogen oxides (NOX) for the Reading 1997 8-Hour Ozone Maintenance Area submitted by the Secretary of the Pennsylvania Department of Environmental Protection: 40 CFR Part 52 Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is finalizing approval of revisions to the Maricopa County Area portion of the Arizona State Applicable geographic Tons per Implementation Plan (SIP). This action Year area day NOX was proposed in the Federal Register on August 23, 2013 and concerns Reading 1997 8-Hour particulate matter (PM) emissions from Ozone Maintenance Area ........................... 2009 29.0 fugitive dust sources. We are approving local statutes that regulate these Reading 1997 8-Hour emission sources under the Clean Air Ozone Maintenance Area ........................... 2018 14.9 Act (CAA or the Act). DATES: This rule is effective on April 30, [FR Doc. 2014–06671 Filed 3–28–14; 8:45 am] 2014. BILLING CODE 6560–50–P ADDRESSES: EPA has established docket number EPA–OAR–2013–0576 for this action. Generally, documents in the docket for this action are available electronically at http:// SUMMARY: 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 August 23, 2013 (78 FR 52485), EPA proposed to approve the following statutes into the Arizona SIP. TABLE 1—SUBMITTED STATUTES Revised submittal Arizona statute Statute title Signed Submitted 9–500.27 .......... Off-road vehicle ordinance; applicability; violation; classification (A, B, and C only). Emissions control; no burn; exemptions; penalty (A and B only) ....... Vehicle loads; restrictions; civil penalties (A.1–3) ............................... Off-road vehicles; pollution advisory days; applicability; penalties (A and B only). Off-highway vehicle and all-terrain vehicle dealers; informational material; outreach; applicability. Unlawful open burning; exceptions; fine; definition (A.2, B.1, C, and F only). July 2, 2007 ...... May 25, 2012 ... May 21, 2013. July 2, 2007 ...... July 2, 2007 ...... July 2, 2007 ...... May 25, 2012 ... May 25, 2012 ... May 25, 2012 ... May 21, 2013. May 21, 2013. May 21, 2013. July 2, 2007 ...... May 25, 2012 ... May 21, 2013. July 2, 2007 ...... May 25, 2012 ... May 21, 2013. 11–871 ............. 28–1098 ........... 49–457.03 ........ 49–457.04 ........ 49–501 ............. 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. emcdonald on DSK67QTVN1PROD with RULES 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. Therefore, as authorized in section 110(k)(3) of the Act, EPA is fully VerDate Mar<15>2010 16:18 Mar 28, 2014 Jkt 232001 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 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 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.); E:\FR\FM\31MRR1.SGM 31MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations • 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 May 30, 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 VerDate Mar<15>2010 16:18 Mar 28, 2014 Jkt 232001 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. Dated: December 16, 2013. Jared Blumenfeld, Regional Administrator, Region IX. 17879 terrain vehicle dealers; informational material; outreach; applicability’’); and (ii) Title 49 (the environment), chapter 3 (air quality), article 3 (county air pollution control), section 49–501 (‘‘Unlawful open burning; exceptions; civil penalty; definition’’), excluding paragraph A.1, paragraphs B.2 through B.6, and paragraphs D, E, G, and H. * * * * * [FR Doc. 2014–07122 Filed 3–28–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: 40 CFR Part 52 PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Revisions to the Arizona State Implementation Plan 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)(6) through (9) to read as follows: ■ § 52.120 Identification of plan. * * * * * (c) * * * (157) * * * (i) * * * (A) * * * (6) Arizona Revised Statutes (Thomson/West, 2008): Title 9 (cities and towns), chapter 4 (general powers), article 8 (miscellaneous), section 9– 500.27 (‘‘Off-road vehicle ordinance; applicability; violation; classification’’), excluding paragraphs D and E. (7) Arizona Revised Statutes (West, 2012): Title 11 (counties), chapter 6 (county planning and zoning), article 6 (air quality), section 11–871 (‘‘Emissions control; no burn; exemptions; penalty’’), excluding paragraphs C through E. (8) Arizona Revised Statutes (West, 2012): Title 28 (transportation), chapter 3 (traffic and vehicle regulation), article 18 (vehicle size, weight and load), section 28–1098 (‘‘Vehicle loads; restrictions; civil penalties’’), excluding paragraphs B and C. (9) Arizona Revised Statutes (West, 2012 Cumulative Pocket Part): (i) Title 49 (the environment), chapter 3 (air quality), article 2 (state air pollution control), sections 49–457.03 (‘‘Off-road vehicles; pollution advisory days; applicability; penalties’’), excluding paragraphs C and D; and 49– 457.04 (‘‘Off-highway vehicle and all- PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 [EPA–R09–OAR–2012–0984; FRL–9904–83– Region 9] Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action under the Clean Air Act to approve a revision to the Arizona State Implementation Plan (SIP). This revision concerns particulate matter emissions from dust generating operations that do not already have a permit within the Phoenix planning area. We are approving a state statute that requires the Arizona Department of Environmental Quality to develop and adopt a general permit that specifies episodic best management practices that are to be implemented by certain dustgenerating activities. DATES: This rule is effective on May 30, 2014 without further notice, unless EPA receives adverse comments by April 30, 2014. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect. ADDRESSES: Submit comments, identified by docket number EPA–R09– OAR–2012–0984, by one of the following methods: 1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-line instructions. 2. Email: steckel.andrew@epa.gov. 3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901. Instructions: All comments will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information SUMMARY: E:\FR\FM\31MRR1.SGM 31MRR1

Agencies

[Federal Register Volume 79, Number 61 (Monday, March 31, 2014)]
[Rules and Regulations]
[Pages 17878-17879]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07122]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0576; FRL-9904-75-Region 9]


Revisions to the Arizona State Implementation Plan, Maricopa 
County Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection 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 August 23, 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 rule is effective on April 30, 2014.

ADDRESSES: EPA has established docket number EPA-OAR-2013-0576 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 August 23, 2013 (78 FR 52485), EPA proposed to approve the 
following statutes into the Arizona SIP.

                                           Table 1--Submitted Statutes
----------------------------------------------------------------------------------------------------------------
    Arizona statute       Statute title            Signed                 Submitted          Revised  submittal
----------------------------------------------------------------------------------------------------------------
9-500.27..............  Off-road vehicle   July 2, 2007..........  May 25, 2012..........  May 21, 2013.
                         ordinance;
                         applicability;
                         violation;
                         classification
                         (A, B, and C
                         only).
11-871................  Emissions          July 2, 2007..........  May 25, 2012..........  May 21, 2013.
                         control; no
                         burn;
                         exemptions;
                         penalty (A and B
                         only).
28-1098...............  Vehicle loads;     July 2, 2007..........  May 25, 2012..........  May 21, 2013.
                         restrictions;
                         civil penalties
                         (A.1-3).
49-457.03.............  Off-road           July 2, 2007..........  May 25, 2012..........  May 21, 2013.
                         vehicles;
                         pollution
                         advisory days;
                         applicability;
                         penalties (A and
                         B only).
49-457.04.............  Off-highway        July 2, 2007..........  May 25, 2012..........  May 21, 2013.
                         vehicle and all-
                         terrain vehicle
                         dealers;
                         informational
                         material;
                         outreach;
                         applicability.
49-501................  Unlawful open      July 2, 2007..........  May 25, 2012..........  May 21, 2013.
                         burning;
                         exceptions;
                         fine; definition
                         (A.2, B.1, C,
                         and F only).
----------------------------------------------------------------------------------------------------------------

    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 no comments.

III. EPA Action

    No comments were submitted. 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.);

[[Page 17879]]

     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 May 30, 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.

    Dated: December 16, 2013.
Jared Blumenfeld,
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)(6) 
through (9) to read as follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (157) * * *
    (i) * * *
    (A) * * *
    (6) Arizona Revised Statutes (Thomson/West, 2008): Title 9 (cities 
and towns), chapter 4 (general powers), article 8 (miscellaneous), 
section 9-500.27 (``Off-road vehicle ordinance; applicability; 
violation; classification''), excluding paragraphs D and E.
    (7) Arizona Revised Statutes (West, 2012): Title 11 (counties), 
chapter 6 (county planning and zoning), article 6 (air quality), 
section 11-871 (``Emissions control; no burn; exemptions; penalty''), 
excluding paragraphs C through E.
    (8) Arizona Revised Statutes (West, 2012): Title 28 
(transportation), chapter 3 (traffic and vehicle regulation), article 
18 (vehicle size, weight and load), section 28-1098 (``Vehicle loads; 
restrictions; civil penalties''), excluding paragraphs B and C.
    (9) Arizona Revised Statutes (West, 2012 Cumulative Pocket Part):
    (i) Title 49 (the environment), chapter 3 (air quality), article 2 
(state air pollution control), sections 49-457.03 (``Off-road vehicles; 
pollution advisory days; applicability; penalties''), excluding 
paragraphs C and D; and 49-457.04 (``Off-highway vehicle and all-
terrain vehicle dealers; informational material; outreach; 
applicability''); and
    (ii) Title 49 (the environment), chapter 3 (air quality), article 3 
(county air pollution control), section 49-501 (``Unlawful open 
burning; exceptions; civil penalty; definition''), excluding paragraph 
A.1, paragraphs B.2 through B.6, and paragraphs D, E, G, and H.
* * * * *
[FR Doc. 2014-07122 Filed 3-28-14; 8:45 am]
BILLING CODE 6560-50-P