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