Revision to the Arizona State Implementation Plan; Nogales Nonattainment Area; Fine Particulate Matter Emissions Inventories, 6907-6908 [2015-02490]

Download as PDF Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations requested this deviation to facilitate the installation of new rail joints on the bridge. The bridge, also known as the St. Johns Railway Bridge, crosses the Willamette River at mile 6.9 and provides 54 feet of vertical clearance above Columbia River Datum 0.0 while in the closed position. Under normal operations, this bridge opens on signal as required by 33 CFR 117.5. The deviation period is from 7 a.m. to noon on February 12, 2015; from 7 a.m. to noon on February 13, 2015. This deviation allows the lift span of the BNSF Railway Bridge across the Willamette River, mile 6.9, to remain in the closed to navigation position, and need not open for maritime traffic during the periods listed above. The bridge shall operate in accordance with 33 CFR 117.5 at all other times. BNSF will entertain requests from mariners to change the above listed schedule for emergent vessel arrivals or departures that are dependent on water level, given 72 hours advanced notice. The BNSF contact is Jeff Swanson, who can be reached at (701) 412–6593. Waterway usage on this part of the Willamette River includes vessels ranging from commercial tug and barge to small pleasure craft. Vessels able to pass through the bridge in the closed positions may do so at any time. The BNSF Railway Bridge will not be able to open for emergencies, and there is no immediate alternate route for vessels to pass. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessels can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: January 27, 2015. Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District. rljohnson on DSK67QTVN1PROD with RULES [FR Doc. 2015–02475 Filed 2–6–15; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2014–0450; FRL–9922–74– Region 9] Revision to the Arizona State Implementation Plan; Nogales Nonattainment Area; Fine Particulate Matter Emissions Inventories Environmental Protection Agency. ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Arizona State Implementation Plan (SIP) concerning the Nogales fine particle (PM2.5) nonattainment area 2008 and 2010 emissions inventories. These emission inventories were submitted for the 2006 24-hour fine particle (PM2.5) National Ambient Air Quality Standard (NAAQS). We are approving these annual emissions inventories under the Clean Air Act (CAA or the Act). DATES: This rule will be effective on March 11, 2015. ADDRESSES: EPA has established docket number EPA–R09–OAR–2014–0450 for this action. In most cases, 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: Jerry Wamsley, EPA Region IX, (415) 947– 4111, wamsley.jerry@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. SUMMARY: Table of Contents I. Proposed Action II. Public Comments III. EPA Action IV. Statutory and Executive Order Reviews I. Proposed Action On September 2, 2014, EPA proposed to approve and incorporate into the Arizona State Implementation Plan (SIP) VerDate Sep<11>2014 13:55 Feb 06, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 6907 the PM2.5 emissions inventories for the Nogales nonattainment area titled ‘‘Arizona State Implementation Plan Revision for the Nogales PM2.5 Nonattainment Area’’ (79 FR 51923). Submitted by Arizona on September 6, 2013, the Nogales area emissions inventories provide annual 2008 and 2010 emissions estimates (tons per year) for PM2.5 and PM2.5 precursors (i.e., nitrogen oxides (NOX), volatile organic compounds (VOCs), sulfur dioxide (SO2), and ammonia (NH3)). The source categories include non-road mobile sources, non-point sources, on-road mobile sources, and point or stationary sources. The detailed Nogales emissions inventories are found in Appendix A of Arizona’s submittal. We proposed to approve this revision to the Arizona SIP because we determined that it complied with the relevant CAA requirements. EPA’s requirements for an emissions inventory for the PM2.5 NAAQS are set forth in 40 CFR 51.1008.1 2 We reviewed the results, procedures, and methodologies Arizona used to produce the 2008 and 2010 Nogales area PM2.5 and PM2.5 precursor emissions inventories and found that these emissions inventories meet the requirements of the CAA and EPA guidance. Consequently, we proposed to approve the submitted PM2.5, NH3, NOX, SO2, and VOC emissions inventories as meeting the CAA’s section 172(c)(3) requirement to provide a comprehensive, accurate, and current inventory of actual emissions for the Nogales nonattainment area. Our proposed action provides more information on Arizona’s PM2.5 emissions inventories submittal and our evaluation (79 FR 51923, September 2, 2014). 1 1 40 CFR 51.1008 (a)(2) and (b) do not apply for the Nogales area because they relate to requirements for attainment demonstrations and reasonable further progress (RFP); these requirements were suspended for the Nogales PM2.5 nonattainment area so long as the area continues to meet the PM2.5 standard. For further discussion of our Clean Data Policy as applied to the Nogales area, refer to our proposed rule (77 FR 65656, October 30, 2012) and final rule (78 FR 887, January 7, 2013). 2 Although the U.S. Court of Appeals for the District of Columbia (D.C. Circuit) recently remanded this rule and directed EPA to repromulgate it pursuant to subpart 4 of part D, title I of the CAA (see Natural Resources Defense Council v. EPA, 706 F.3d 428 (D.C. Cir. 2013)), the court’s ruling in this case does not affect EPA’s action on these emissions inventories. Subpart 4 of part D, title I of the Act contains no specific provision governing emissions inventories for PM10 or PM2.5 nonattainment areas that supersedes the general emissions inventory requirement for all nonattainment areas in CAA section 172(c)(3). See ‘‘State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,’’ 57 FR 13498, (April 16, 1992). E:\FR\FM\09FER1.SGM 09FER1 6908 Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Rules and Regulations II. Public Comments EPA provided a 30-day public comment period as part of our proposed action on the 2008 and 2010 Nogales area PM2.5 and PM2.5 precursor pollutant emissions inventories submitted by Arizona. We received no comments on our proposal. III. EPA Action EPA is taking final action to approve the 2008 and 2010 Nogales nonattainment area PM2.5 and PM2.5 precursor pollutant emissions inventories submitted by Arizona and incorporate them into the SIP, as authorized in section 110(k)(3) of the CAA. We determined that Arizona’s submittal is consistent with sections 110 and 172(c)(3) of the CAA. rljohnson on DSK67QTVN1PROD with RULES IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve State choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves these emissions inventories 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); VerDate Sep<11>2014 13:55 Feb 06, 2015 Jkt 235001 • 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). This SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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 April 10, 2015. 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)). requirements, Sulfur oxides, Ammonia, Volatile organic compounds. Dated: January 23, 2015. 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 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)(164) to read as follows: ■ § 52.120 Identification of plan. * * * * * (c) * * * (164) A plan revision was submitted on September 6, 2013 by the Governor’s Designee. (i) [Reserved] (ii) Additional materials. (A) Arizona Department of Environmental Quality. (1) ‘‘Arizona State Implementation Plan Revision for the Nogales PM2.5 Nonattainment Area’’, dated September 2013, including appendices A and B. [FR Doc. 2015–02490 Filed 2–6–15; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1, 2, 9, 12, 22, 42, and 52 [FAC 2005–80; FAR Case 2013–001; Corrections; Docket 2013–0001; Sequence No. 1] RIN 9000–AM55 Federal Acquisition Regulation; Ending Trafficking in Persons; Corrections List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule; corrections. SUMMARY: PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 AGENCIES: DoD, GSA, and NASA are issuing corrections to FAR Case 2013– 001; Ending Trafficking in Persons (Item E:\FR\FM\09FER1.SGM 09FER1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 80, Number 26 (Monday, February 9, 2015)]
[Rules and Regulations]
[Pages 6907-6908]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02490]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0450; FRL-9922-74-Region 9]


Revision to the Arizona State Implementation Plan; Nogales 
Nonattainment Area; Fine Particulate Matter Emissions Inventories

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the Arizona State Implementation Plan 
(SIP) concerning the Nogales fine particle (PM2.5) 
nonattainment area 2008 and 2010 emissions inventories. These emission 
inventories were submitted for the 2006 24-hour fine particle 
(PM2.5) National Ambient Air Quality Standard (NAAQS). We 
are approving these annual emissions inventories under the Clean Air 
Act (CAA or the Act).

DATES: This rule will be effective on March 11, 2015.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2014-0450 for 
this action. In most cases, 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: Jerry Wamsley, EPA Region IX, (415) 
947-4111, wamsley.jerry@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On September 2, 2014, EPA proposed to approve and incorporate into 
the Arizona State Implementation Plan (SIP) the PM2.5 
emissions inventories for the Nogales nonattainment area titled 
``Arizona State Implementation Plan Revision for the Nogales 
PM2.5 Nonattainment Area'' (79 FR 51923). Submitted by 
Arizona on September 6, 2013, the Nogales area emissions inventories 
provide annual 2008 and 2010 emissions estimates (tons per year) for 
PM2.5 and PM2.5 precursors (i.e., nitrogen oxides 
(NOX), volatile organic compounds (VOCs), sulfur dioxide 
(SO2), and ammonia (NH3)). The source categories 
include non-road mobile sources, non-point sources, on-road mobile 
sources, and point or stationary sources. The detailed Nogales 
emissions inventories are found in Appendix A of Arizona's submittal.
    We proposed to approve this revision to the Arizona SIP because we 
determined that it complied with the relevant CAA requirements. EPA's 
requirements for an emissions inventory for the PM2.5 NAAQS 
are set forth in 40 CFR 51.1008.^{1 2} We reviewed the results, 
procedures, and methodologies Arizona used to produce the 2008 and 2010 
Nogales area PM2.5 and PM2.5 precursor emissions 
inventories and found that these emissions inventories meet the 
requirements of the CAA and EPA guidance. Consequently, we proposed to 
approve the submitted PM2.5, NH3, NOX, 
SO2, and VOC emissions inventories as meeting the CAA's 
section 172(c)(3) requirement to provide a comprehensive, accurate, and 
current inventory of actual emissions for the Nogales nonattainment 
area.
---------------------------------------------------------------------------

    \1\ 1 40 CFR 51.1008 (a)(2) and (b) do not apply for the Nogales 
area because they relate to requirements for attainment 
demonstrations and reasonable further progress (RFP); these 
requirements were suspended for the Nogales PM2.5 
nonattainment area so long as the area continues to meet the 
PM2.5 standard. For further discussion of our Clean Data 
Policy as applied to the Nogales area, refer to our proposed rule 
(77 FR 65656, October 30, 2012) and final rule (78 FR 887, January 
7, 2013).
    \2\ Although the U.S. Court of Appeals for the District of 
Columbia (D.C. Circuit) recently remanded this rule and directed EPA 
to re-promulgate it pursuant to subpart 4 of part D, title I of the 
CAA (see Natural Resources Defense Council v. EPA, 706 F.3d 428 
(D.C. Cir. 2013)), the court's ruling in this case does not affect 
EPA's action on these emissions inventories. Subpart 4 of part D, 
title I of the Act contains no specific provision governing 
emissions inventories for PM10 or PM2.5 
nonattainment areas that supersedes the general emissions inventory 
requirement for all nonattainment areas in CAA section 172(c)(3). 
See ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 
57 FR 13498, (April 16, 1992).
---------------------------------------------------------------------------

    Our proposed action provides more information on Arizona's 
PM2.5 emissions inventories submittal and our evaluation (79 
FR 51923, September 2, 2014).

[[Page 6908]]

II. Public Comments

    EPA provided a 30-day public comment period as part of our proposed 
action on the 2008 and 2010 Nogales area PM2.5 and 
PM2.5 precursor pollutant emissions inventories submitted by 
Arizona. We received no comments on our proposal.

III. EPA Action

    EPA is taking final action to approve the 2008 and 2010 Nogales 
nonattainment area PM2.5 and PM2.5 precursor 
pollutant emissions inventories submitted by Arizona and incorporate 
them into the SIP, as authorized in section 110(k)(3) of the CAA. We 
determined that Arizona's submittal is consistent with sections 110 and 
172(c)(3) of the CAA.

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 these emissions inventories 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).
    This SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 April 10, 2015. 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, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Ammonia, Volatile organic compounds.

    Dated: January 23, 2015.
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 paragraph (c)(164) to read as 
follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (164) A plan revision was submitted on September 6, 2013 by the 
Governor's Designee.
    (i) [Reserved]
    (ii) Additional materials.
    (A) Arizona Department of Environmental Quality.
    (1) ``Arizona State Implementation Plan Revision for the Nogales 
PM2.5 Nonattainment Area'', dated September 2013, including 
appendices A and B.

[FR Doc. 2015-02490 Filed 2-6-15; 8:45 am]
BILLING CODE 6560-50-P

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