Approval and Promulgation of State Implementation Plans; Arizona; Infrastructure Requirements for the 2008 Lead (Pb) and the 2008 8-Hour Ozone National Ambient Air Quality Standards (NAAQS), 47859-47862 [2015-19499]
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Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations
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 October 9, 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 CAA
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.
Authority: 42 U.S.C. 7401 et seq.
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 ZZ—Wyoming
2. Section 52.2620 is amended in
paragraph (e) by:
■ a. Adding entry XXIV at the end of the
table; and
■ b. Removing the first instance of
footnote 3.
The addition reads as follows:
■
§ 52.2620
Dated: July 23, 2015.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
47859
*
Identification of plan.
*
*
(e) * * *
*
*
40 CFR part 52 is amended to read as
follows:
Name of nonregulatory SIP
provision
Applicable geographic or
non-attainment area
State submittal date/
adopted date
EPA approval date and
citation 3
Explanations
*
XXIV. Interstate Transport.
Wyoming Interstate
Transport SIP satisfying
the requirement of Section 110(a)(2)(D)(i) of the
CAA for the 2006 PM2.5
standards.
*
*
Statewide ..........................
*
Submitted: 8/19/2011 ........
*
*
8/10/2015 ..........................
[insert Federal Register
page number where
document begins].
*
No action on section
110(a)(2)(D)(i) prong 4,
visibility.
3 In order to determine the EPA effective date for a specific provision that is listed in this table, consult the Federal Register cited in this column for that particular provision.
[FR Doc. 2015–19501 Filed 8–7–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2014–0258; FRL–9926–72–
Region 9]
Approval and Promulgation of State
Implementation Plans; Arizona;
Infrastructure Requirements for the
2008 Lead (Pb) and the 2008 8-Hour
Ozone National Ambient Air Quality
Standards (NAAQS)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of Arizona to
address the requirements of section
SUMMARY:
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110(a)(1) and (2) of the Clean Air Act
(CAA) for the 2008 Lead (Pb) and 2008
ozone national ambient air quality
standards (NAAQS). Section 110(a) of
the CAA requires that each State adopt
and submit a SIP for the
implementation, maintenance, and
enforcement of each NAAQS
promulgated by EPA. We refer to such
SIP revisions as ‘‘infrastructure’’ SIPs
because they are intended to address
basic structural SIP requirements for
new or revised NAAQS including, but
not limited to, legal authority,
regulatory structure, resources, permit
programs, monitoring, and modeling
necessary to assure attainment and
maintenance of the standards. In
addition, we are approving several state
provisions addressing CAA conflict of
interest and monitoring requirements
into the Arizona SIP.
This final rule is effective on
September 9, 2015.
DATES:
EPA has established a
docket for this action, identified by
ADDRESSES:
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Docket ID Number EPA–R09–OAR–
2014–0258. The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publically available only at the hard
copy location (e.g., copyrighted
material) and some may not be
publically 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 directly
below.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Buss, Office of Air Planning, U.S.
Environmental Protection Agency,
Region 9, (415) 947–4152, email:
buss.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
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Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations
Table of Contents
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I. Background
II. EPA’s Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
CAA section 110(a)(1) requires each
state to submit to EPA, within three
years after the promulgation of a
primary or secondary NAAQS or any
revision thereof, an infrastructure SIP
revision that provides for the
implementation, maintenance, and
enforcement of such NAAQS. Section
110(a)(2) sets the content requirements
of such a plan, which generally relate to
the information and authorities,
compliance assurances, procedural
requirements, and control measures that
constitute the ‘‘infrastructure’’ of a
state’s air quality management program.
These infrastructure SIP elements
required by section 110(a)(2) are as
follows:
• Section 110(a)(2)(A): Emission
limits and other control measures.
• Section 110(a)(2)(B): Ambient air
quality monitoring/data system.
• Section 110(a)(2)(C): Program for
enforcement of control measures and
regulation of new and modified
stationary sources.
• Section 110(a)(2)(D)(i): Interstate
pollution transport.
• Section 110(a)(2)(D)(ii): Interstate
and international pollution abatement.
• Section 110(a)(2)(E): Adequate
resources and authority, conflict of
interest, and oversight of local and
regional government agencies.
• Section 110(a)(2)(F): Stationary
source monitoring and reporting.
• Section 110(a)(2)(G): Emergency
episodes.
• Section 110(a)(2)(H): SIP revisions.
• Section 110(a)(2)(J): Consultation
with government officials, public
notification, PSD, and visibility
protection.
• Section 110(a)(2)(K): Air quality
modeling and submittal of modeling
data.
• Section 110(a)(2)(L): Permitting
fees.
• Section 110(a)(2)(M): Consultation/
participation by affected local entities.
Two elements identified in section
110(a)(2) are not governed by the threeyear submittal deadline of section
110(a)(1) and are therefore not
addressed in this action. These two
elements are: (i) Section 110(a)(2)(C) to
the extent it refers to permit programs
required under part D (nonattainment
NSR), and (ii) section 110(a)(2)(I),
pertaining to the nonattainment
planning requirements of part D. As a
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result, this action does not address
infrastructure for the nonattainment
NSR portion of section 110(a)(2)(C) or
the whole of section 110(a)(2)(I).
On November 12, 2008, the U.S.
Environmental Protection Agency (EPA)
issued a revised NAAQS for Pb.1 That
action triggered a requirement for states
to submit an infrastructure SIP to
address the applicable requirements of
section 110(a)(2) within three years of
issuance of the revised NAAQS. On
October 14, 2011, EPA issued
‘‘Guidance on Section 110 Infrastructure
SIPs for the 2008 Pb NAAQS’’, referred
to herein as EPA’s 2011 Pb Guidance.2
Depending on the timing of a given
submittal, some states relied on the
earlier draft version of this guidance,
referred to herein as EPA’s 2011 Draft
Pb Guidance.3 EPA issued additional
guidance on infrastructure SIPs on
September 13, 2013.4
On March 27, 2008, EPA issued a
revised NAAQS for 8-hour Ozone.5 That
action triggered a requirement for states
to submit an infrastructure SIP to
address the applicable requirements of
section 110(a)(2) within three years of
issuance of the revised NAAQS. EPA
did not, however, prepare guidance at
that time for states in submitting I–SIP
revisions for the 2008 Ozone NAAQS.6
On September 13, 2013, EPA issued
‘‘Guidance of Infrastructure State
Implementation Plan (SIP) Elements
under Clean Air Act Sections 110(a)(1)
and 110(a)(2),’’ which provides advice
on the development of infrastructure
SIPs for the 2008 ozone NAAQS (among
other pollutants) as well as
infrastructure SIPs for new or revised
NAAQS promulgated in the future.7
1 73 FR 66964 (November 12, 2008). The 1978 Pb
standard (1.5 mg/m3 as a quarterly average) was
modified to a rolling 3 month average not to be
exceeded of 0.15 mg/m3. EPA also revised the
secondary NAAQS to 0.15 mg/m3and made it
identical to the revised primary standard. Id.
2 See Memorandum from Stephen D. Page,
Director, Office of Air Quality Planning and
Standards, to Regional Air Division Directors,
Regions 1–10 (October 14, 2011).
3 ‘‘DRAFT Guidance on SIP Elements Required
Under Sections 110(a)(1) and (2) for the 2008 Lead
(Pb) National Ambient Air Quality Standards
(NAAQS),’’ June 17, 2011 version.
4 See Memorandum dated September 13, 2013
from Stephen D. Page, Director, EPA Office of Air
Quality Planning and Standards, to Regional Air
Directors, EPA Regions 1–10, ‘‘Guidance on
Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1)
and 110(a)(2)’’ (referred to herein as ‘‘2013
Infrastructure SIP Guidance’’).
5 73 FR 16436 (March 27, 2008).
6 Preparation of guidance for the 2008 Ozone
NAAQS was postponed given EPA’s
reconsideration of the standard. See 78 FR 34183
(June 6, 2013).
7 See Memorandum dated September 13, 2013
from Stephen D. Page, Director, EPA Office of Air
Quality Planning and Standards, to Regional Air
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The Arizona Department of
Environmental Quality (ADEQ) has
submitted several infrastructure SIP
revisions pursuant to EPA’s
promulgation of the NAAQS addressed
by this rule, including the following:
• October 14, 2011—‘‘Arizona State
Implementation Plan Revision under
Clean Air Act Section 110(a)(1) and (2);
2008 Lead NAAQS,’’ to address all of
the CAA section 110(a)(2) requirements,
except for section 110(a)(2)(G),8 for the
2008 Pb NAAQS (2011 Pb I–SIP
Submittal).
• December 27, 2012—‘‘Arizona State
Implementation Plan Revision under
Clean Air Act Section 110(a)(1) and (2);
2008 8-hour Ozone NAAQS,’’ to address
all of the CAA section 110(a)(2)
requirements for the 2008 8-hour Ozone
NAAQS (2012 Ozone I–SIP Submittal).
• December 6, 2013—‘‘Submittal of
Maricopa County Rule 100 revising the
Maricopa County Portion of the Arizona
State Implementation Plan for Section
110(a)(2) Infrastructure’’ from Eric
Massey, Director of ADEQ (2013
Maricopa County Submittal). Maricopa
County Rule 100 was submitted to
address a deficiency in section
110(a)(2)(E)(ii) of the SIP for Maricopa
County concerning conflict of interest
requirements for hearing boards.
• December 19, 2013—‘‘Submittal of
Pima County Rules revising the Pima
County Portion of the Arizona State
Implementation Plan for Section
110(a)(2) Infrastructure’’ from Eric
Massey, Director of ADEQ (2013 Pima
County Submittal). This submittal
included Pima County Rule 17.04.190
‘‘Composition,’’ adopted September 28,
1993; Pima County Rule 17.12.040
‘‘Reporting for Compliance
Evaluations,’’ adopted September 28,
1993; and Pima County Rule 17.24.040
‘‘Reporting Requirements,’’ adopted
April 19, 2005 for inclusion into the
Arizona SIP. These rules were
submitted to address deficiencies in
section 110(a)(2)(E)(ii) of the SIP
concerning conflict of interest
requirements for hearing boards and
section 110(a)(2)(F) of the SIP
concerning stationary source monitoring
and reporting.
Directors, EPA Regions 1–10, ‘‘Guidance on
Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1)
and 110(a)(2)’’ (referred to herein as ‘‘2013
Infrastructure SIP Guidance’’).
8 In a separate rulemaking, EPA fully approved
Arizona’s SIP to address the requirements regarding
air pollution emergency episodes in CAA section
110(a)(2)(G) for the 1997 8-hour ozone NAAQS. 77
FR 62452 (October 15, 2012). Although ADEQ did
not submit an analysis of Section 110(a)(2)(G)
requirements, we discuss them in our TSD, which
is in the docket for this rulemaking.
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• September 4, 2014—‘‘Submittal of
Pinal County Rule 1–3–140 Revising the
Pinal County Portion of the Arizona
State Implementation Plan for Section
110(a)(2) Infrastructure’’ from Eric
Massey, Director of ADEQ (2014 Pinal
County Submittal). This submittal
included Pinal County Rule 1–3–140
‘‘Definitions,’’ adopted July 23, 2014 for
inclusion into the Arizona SIP. Pinal
County Rule 1–3–140 was submitted to
address a deficiency in section
110(a)(2)(E)(ii) of the SIP for Pinal
County concerning conflict of interest
requirements for hearing boards.
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II. EPA’s Response to Comments
The public comment period on EPA’s
proposed rule opened on November 24,
2014, the date of its publication in the
Federal Register at 79 FR 69796, and
closed on December 24, 2014. During
that period, EPA did not receive any
comments.
III. Final Action
Under CAA section 110(k)(3) and
based on the evaluation and rationale
presented in the proposed rule, the
technical support document and this
final rule, EPA is approving the 2011 Pb
I–SIP Submittal, the 2012 Ozone I–SIP
Submittal, the 2013 Maricopa County
Submittal, the 2013 Pima County
Submittal and the 2014 Pinal County
Submittal with respect to the following
infrastructure SIP requirements:
• Section 110(a)(2)(A): Emission
limits and other control measures.
• Section 110(a)(2)(B): Ambient air
quality monitoring/data system.
• Section 110(a)(2)(E): Adequate
resources and authority, conflict of
interest, and oversight of local and
regional government agencies.
• Section 110(a)(2)(F): Stationary
source monitoring and reporting.
• Section 110(a)(2)(G): Emergency
episodes.
• Section 110(a)(2)(H): SIP revisions.
• Section 110(a)(2)(L): Permitting
fees.
• Section 110(a)(2)(M): Consultation/
participation by affected local entities.
In addition, we are approving into the
SIP certain regulatory provisions
included in the 2013 Pima County and
Maricopa County Submittals, and in the
2014 Pinal County Submittal, as
discussed in the TSD.9
We are not acting today on those
elements of the infrastructure SIP that
address the requirements of sections
9 Copies of these Arizona county regulations are
included in the 2013 Pima County and Maricopa
County Submittals, and 2014 Pinal County
Submittal, which are available in the docket for this
action and online at https://regulations.gov, docket
number EPA–R09–OAR–2014–0258.
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110(a)(2)(C), (D), (J) and (K) of the Act.
On October 29, 2012, ADEQ submitted
‘‘New Source Review State
Implementation Plan Submission’’ and
on July 2, 2014 submitted
‘‘Supplemental Information to 2012
New Source Review State
Implementation Plan Submission’’.
These submissions address the
permitting portions of I–SIP elements in
sections 110(a)(2)(C), (D), (J) and (K) of
the Act and will be addressed in a
subsequent rulemaking.
Section 110(l) of the Act prohibits
EPA from approving any SIP revision
that would interfere with any applicable
requirement concerning attainment and
reasonable further progress (RFP) or any
other applicable requirement of the Act.
All of the elements of the infrastructure
SIP that we are approving, as explained
in the TSD, improve the SIP by
replacing obsolete statutes or
regulations and by updating the state
and local agencies’ SIP implementation
and enforcement authorities. We have
determined that our approval of the
elements discussed above complies with
CAA section 110(l) because the SIP
revision would not interfere with the
on-going process for ensuring that
requirements for RFP and attainment of
the NAAQS are met, and the SIP
revision clarifies and updates the SIP.
Our TSD contains a more detailed
discussion of our evaluation.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
Arizona Regulations described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these documents
generally available electronically
through www.regulations.gov and/or in
hard copy at the appropriate EPA office
(see the ADDRESSES section of this
preamble for more information).
V. 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
proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
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47861
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, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Lead, Reporting and
recordkeeping requirements.
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Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations
Dated: February 19, 2015.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Editorial Note: This document was
received for publication by the Office of the
Federal Register on August 4, 2015.
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 paragraphs (c)(166), (167), (168),
(169), and (170) to read as follows:
■
§ 52.120
Identification of plan.
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(c) * * *
(166) The following plan was
submitted on October 14, 2011, by the
Governor’s designee.
(i) [Reserved]
(ii) Additional materials.
(A) Arizona Department of
Environmental Quality.
(1) Arizona State Implementation Plan
Revision under Clean Air Act Section
110(a)(1) and (2); Implementation of the
2008 Lead National Ambient Air
Quality Standards, excluding the
appendices.
(167) The following plan was
submitted on December 27, 2012 by the
Governor’s designee.
(i) [Reserved]
(ii) Additional materials.
(A) Arizona Department of
Environmental Quality.
(1) Arizona State Implementation Plan
Revision under Clean Air Act Section
110(a)(1) and (2); 2008 8-hour Ozone
NAAQS, excluding the appendices.
(168) The following plan was
submitted on December 6, 2013 by the
Governor’s designee.
(i) Incorporation by reference.
(A) Maricopa County Air Quality
Department.
(1) Maricopa County Air Pollution
Control Regulations, Rule 100 (‘‘General
Provisions and Definitions’’), section
100 (‘‘General’’), subsection 108
(‘‘Hearing Board’’), revised September
25, 2013.
(169) The following plan was
submitted on December 19, 2013 by the
Governor’s designee.
(i) [Reserved]
(ii) Additional materials.
(A) Pima County Department of
Environmental Quality.
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(1) Board of Supervisors of Pima
County, Arizona, Ordinance No. 1993–
128, Section 1, 17.040.190
‘‘Composition’’ Section 6, 17.24.040
‘‘Reporting for compliance evaluations’’
adopted September 28, 1993.
(2) Board of Supervisors of Pima
County, Arizona, Ordinance 2005–43,
Chapter 17.12, Permits and Permit
Revisions, section 2,17.12.040
‘‘Reporting Requirements’’ adopted
April 19, 2005.
(170) The following plan was
submitted on September 4, 2014 by the
Governor’s designee.
(i) Incorporation by reference.
(A) Pinal County Air Quality Control
District.
(1) Pinal County Board of Supervisors,
Resolution No. 072314–AQ1, 1–3–140,
Definitions, 74, Hearing Board,
including new text that is underlined
and excluding removed text which was
struck by the board, effective July 23,
2014.
■ 3. Section 52.123 is amended by
revising paragraphs (l), (m), and (n) to
read as follows:
§ 52.123
Approval status.
*
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*
*
(l) 1997 8-hour ozone NAAQS: The
SIPs submitted on October 14, 2009 and
August 24, 2012 are fully or partially
disapproved for Clean Air Act (CAA)
elements 110(a)(2)(C), (D)(ii), (J) and (K)
for all portions of the Arizona SIP.
(m) 1997 PM2.5 NAAQS: The SIPs
submitted on October 14, 2009 and
August 24, 2012 are fully or partially
disapproved for Clean Air Act (CAA)
elements 110(a)(2)(C), (D)(ii), (J) and (K)
for all portions of the Arizona SIP.
(n) 2006 PM2.5 NAAQS: The SIPs
submitted on October 14, 2009 and
August 24, 2012 are fully or partially
disapproved for Clean Air Act (CAA)
elements 110(a)(2)(C), (D)(i)(II) (interfere
with measures in any other state to
prevent significant deterioration of air
quality), (D)(ii), (J) and (K) for all
portions of the Arizona SIP.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2012–0346; FRL–9932–04–
Region 8]
Approval and Promulgation of State
Implementation Plans; State of
Colorado; Interstate Transport of
Pollution for the 2006 24-Hour PM2.5
NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a May 11,
2012 State Implementation Plan (SIP)
submission from the State of Colorado
that is intended to demonstrate that its
SIP meets certain interstate transport
requirements of the Clean Air Act (Act
or CAA) for the 2006 fine particulate
matter (PM2.5) National Ambient Air
Quality Standards (NAAQS). This
submission addresses the requirement
that Colorado’s SIP contain adequate
provisions prohibiting air emissions that
will have certain adverse air quality
effects in other states. EPA is
determining that Colorado’s existing SIP
contains adequate provisions to ensure
that air emissions in Colorado do not
significantly contribute to
nonattainment or interfere with
maintenance of the 2006 24-hour PM2.5
NAAQS in any other state, or interfere
with another state’s measures to prevent
significant deterioration of air quality or
to protect visibility. EPA is also
approving the portion of Colorado’s
submission that addresses the CAA
requirement that SIPs contain adequate
provisions related to interstate and
international pollution abatement.
DATES: This final rule is effective on
September 9, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2012–0346. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
SUMMARY:
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10AUR1
]]>Agencies
[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)]
[Rules and Regulations]
[Pages 47859-47862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19499]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2014-0258; FRL-9926-72-Region 9]
Approval and Promulgation of State Implementation Plans; Arizona;
Infrastructure Requirements for the 2008 Lead (Pb) and the 2008 8-Hour
Ozone National Ambient Air Quality Standards (NAAQS)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of Arizona
to address the requirements of section 110(a)(1) and (2) of the Clean
Air Act (CAA) for the 2008 Lead (Pb) and 2008 ozone national ambient
air quality standards (NAAQS). Section 110(a) of the CAA requires that
each State adopt and submit a SIP for the implementation, maintenance,
and enforcement of each NAAQS promulgated by EPA. We refer to such SIP
revisions as ``infrastructure'' SIPs because they are intended to
address basic structural SIP requirements for new or revised NAAQS
including, but not limited to, legal authority, regulatory structure,
resources, permit programs, monitoring, and modeling necessary to
assure attainment and maintenance of the standards. In addition, we are
approving several state provisions addressing CAA conflict of interest
and monitoring requirements into the Arizona SIP.
DATES: This final rule is effective on September 9, 2015.
ADDRESSES: EPA has established a docket for this action, identified by
Docket ID Number EPA-R09-OAR-2014-0258. The index to the docket for
this action is available electronically at https://www.regulations.gov
and in hard copy at EPA Region IX, 75 Hawthorne, San Francisco,
California. While all documents in the docket are listed in the index,
some information may be publically available only at the hard copy
location (e.g., copyrighted material) and some may not be publically
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
directly below.
FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, Office of Air Planning,
U.S. Environmental Protection Agency, Region 9, (415) 947-4152, email:
buss.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to EPA.
[[Page 47860]]
Table of Contents
I. Background
II. EPA's Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
CAA section 110(a)(1) requires each state to submit to EPA, within
three years after the promulgation of a primary or secondary NAAQS or
any revision thereof, an infrastructure SIP revision that provides for
the implementation, maintenance, and enforcement of such NAAQS. Section
110(a)(2) sets the content requirements of such a plan, which generally
relate to the information and authorities, compliance assurances,
procedural requirements, and control measures that constitute the
``infrastructure'' of a state's air quality management program. These
infrastructure SIP elements required by section 110(a)(2) are as
follows:
Section 110(a)(2)(A): Emission limits and other control
measures.
Section 110(a)(2)(B): Ambient air quality monitoring/data
system.
Section 110(a)(2)(C): Program for enforcement of control
measures and regulation of new and modified stationary sources.
Section 110(a)(2)(D)(i): Interstate pollution transport.
Section 110(a)(2)(D)(ii): Interstate and international
pollution abatement.
Section 110(a)(2)(E): Adequate resources and authority,
conflict of interest, and oversight of local and regional government
agencies.
Section 110(a)(2)(F): Stationary source monitoring and
reporting.
Section 110(a)(2)(G): Emergency episodes.
Section 110(a)(2)(H): SIP revisions.
Section 110(a)(2)(J): Consultation with government
officials, public notification, PSD, and visibility protection.
Section 110(a)(2)(K): Air quality modeling and submittal
of modeling data.
Section 110(a)(2)(L): Permitting fees.
Section 110(a)(2)(M): Consultation/participation by
affected local entities.
Two elements identified in section 110(a)(2) are not governed by
the three-year submittal deadline of section 110(a)(1) and are
therefore not addressed in this action. These two elements are: (i)
Section 110(a)(2)(C) to the extent it refers to permit programs
required under part D (nonattainment NSR), and (ii) section
110(a)(2)(I), pertaining to the nonattainment planning requirements of
part D. As a result, this action does not address infrastructure for
the nonattainment NSR portion of section 110(a)(2)(C) or the whole of
section 110(a)(2)(I).
On November 12, 2008, the U.S. Environmental Protection Agency
(EPA) issued a revised NAAQS for Pb.\1\ That action triggered a
requirement for states to submit an infrastructure SIP to address the
applicable requirements of section 110(a)(2) within three years of
issuance of the revised NAAQS. On October 14, 2011, EPA issued
``Guidance on Section 110 Infrastructure SIPs for the 2008 Pb NAAQS'',
referred to herein as EPA's 2011 Pb Guidance.\2\ Depending on the
timing of a given submittal, some states relied on the earlier draft
version of this guidance, referred to herein as EPA's 2011 Draft Pb
Guidance.\3\ EPA issued additional guidance on infrastructure SIPs on
September 13, 2013.\4\
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\1\ 73 FR 66964 (November 12, 2008). The 1978 Pb standard (1.5
[micro]g/m\3\ as a quarterly average) was modified to a rolling 3
month average not to be exceeded of 0.15 [micro]g/m\3\. EPA also
revised the secondary NAAQS to 0.15 [micro]g/m\3\and made it
identical to the revised primary standard. Id.
\2\ See Memorandum from Stephen D. Page, Director, Office of Air
Quality Planning and Standards, to Regional Air Division Directors,
Regions 1-10 (October 14, 2011).
\3\ ``DRAFT Guidance on SIP Elements Required Under Sections
110(a)(1) and (2) for the 2008 Lead (Pb) National Ambient Air
Quality Standards (NAAQS),'' June 17, 2011 version.
\4\ See Memorandum dated September 13, 2013 from Stephen D.
Page, Director, EPA Office of Air Quality Planning and Standards, to
Regional Air Directors, EPA Regions 1-10, ``Guidance on
Infrastructure State Implementation Plan (SIP) Elements under Clean
Air Act Sections 110(a)(1) and 110(a)(2)'' (referred to herein as
``2013 Infrastructure SIP Guidance'').
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On March 27, 2008, EPA issued a revised NAAQS for 8-hour Ozone.\5\
That action triggered a requirement for states to submit an
infrastructure SIP to address the applicable requirements of section
110(a)(2) within three years of issuance of the revised NAAQS. EPA did
not, however, prepare guidance at that time for states in submitting I-
SIP revisions for the 2008 Ozone NAAQS.\6\ On September 13, 2013, EPA
issued ``Guidance of Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2),'' which
provides advice on the development of infrastructure SIPs for the 2008
ozone NAAQS (among other pollutants) as well as infrastructure SIPs for
new or revised NAAQS promulgated in the future.\7\
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\5\ 73 FR 16436 (March 27, 2008).
\6\ Preparation of guidance for the 2008 Ozone NAAQS was
postponed given EPA's reconsideration of the standard. See 78 FR
34183 (June 6, 2013).
\7\ See Memorandum dated September 13, 2013 from Stephen D.
Page, Director, EPA Office of Air Quality Planning and Standards, to
Regional Air Directors, EPA Regions 1-10, ``Guidance on
Infrastructure State Implementation Plan (SIP) Elements under Clean
Air Act Sections 110(a)(1) and 110(a)(2)'' (referred to herein as
``2013 Infrastructure SIP Guidance'').
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The Arizona Department of Environmental Quality (ADEQ) has
submitted several infrastructure SIP revisions pursuant to EPA's
promulgation of the NAAQS addressed by this rule, including the
following:
October 14, 2011--``Arizona State Implementation Plan
Revision under Clean Air Act Section 110(a)(1) and (2); 2008 Lead
NAAQS,'' to address all of the CAA section 110(a)(2) requirements,
except for section 110(a)(2)(G),\8\ for the 2008 Pb NAAQS (2011 Pb I-
SIP Submittal).
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\8\ In a separate rulemaking, EPA fully approved Arizona's SIP
to address the requirements regarding air pollution emergency
episodes in CAA section 110(a)(2)(G) for the 1997 8-hour ozone
NAAQS. 77 FR 62452 (October 15, 2012). Although ADEQ did not submit
an analysis of Section 110(a)(2)(G) requirements, we discuss them in
our TSD, which is in the docket for this rulemaking.
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December 27, 2012--``Arizona State Implementation Plan
Revision under Clean Air Act Section 110(a)(1) and (2); 2008 8-hour
Ozone NAAQS,'' to address all of the CAA section 110(a)(2) requirements
for the 2008 8-hour Ozone NAAQS (2012 Ozone I-SIP Submittal).
December 6, 2013--``Submittal of Maricopa County Rule 100
revising the Maricopa County Portion of the Arizona State
Implementation Plan for Section 110(a)(2) Infrastructure'' from Eric
Massey, Director of ADEQ (2013 Maricopa County Submittal). Maricopa
County Rule 100 was submitted to address a deficiency in section
110(a)(2)(E)(ii) of the SIP for Maricopa County concerning conflict of
interest requirements for hearing boards.
December 19, 2013--``Submittal of Pima County Rules
revising the Pima County Portion of the Arizona State Implementation
Plan for Section 110(a)(2) Infrastructure'' from Eric Massey, Director
of ADEQ (2013 Pima County Submittal). This submittal included Pima
County Rule 17.04.190 ``Composition,'' adopted September 28, 1993; Pima
County Rule 17.12.040 ``Reporting for Compliance Evaluations,'' adopted
September 28, 1993; and Pima County Rule 17.24.040 ``Reporting
Requirements,'' adopted April 19, 2005 for inclusion into the Arizona
SIP. These rules were submitted to address deficiencies in section
110(a)(2)(E)(ii) of the SIP concerning conflict of interest
requirements for hearing boards and section 110(a)(2)(F) of the SIP
concerning stationary source monitoring and reporting.
[[Page 47861]]
September 4, 2014--``Submittal of Pinal County Rule 1-3-
140 Revising the Pinal County Portion of the Arizona State
Implementation Plan for Section 110(a)(2) Infrastructure'' from Eric
Massey, Director of ADEQ (2014 Pinal County Submittal). This submittal
included Pinal County Rule 1-3-140 ``Definitions,'' adopted July 23,
2014 for inclusion into the Arizona SIP. Pinal County Rule 1-3-140 was
submitted to address a deficiency in section 110(a)(2)(E)(ii) of the
SIP for Pinal County concerning conflict of interest requirements for
hearing boards.
II. EPA's Response to Comments
The public comment period on EPA's proposed rule opened on November
24, 2014, the date of its publication in the Federal Register at 79 FR
69796, and closed on December 24, 2014. During that period, EPA did not
receive any comments.
III. Final Action
Under CAA section 110(k)(3) and based on the evaluation and
rationale presented in the proposed rule, the technical support
document and this final rule, EPA is approving the 2011 Pb I-SIP
Submittal, the 2012 Ozone I-SIP Submittal, the 2013 Maricopa County
Submittal, the 2013 Pima County Submittal and the 2014 Pinal County
Submittal with respect to the following infrastructure SIP
requirements:
Section 110(a)(2)(A): Emission limits and other control
measures.
Section 110(a)(2)(B): Ambient air quality monitoring/data
system.
Section 110(a)(2)(E): Adequate resources and authority,
conflict of interest, and oversight of local and regional government
agencies.
Section 110(a)(2)(F): Stationary source monitoring and
reporting.
Section 110(a)(2)(G): Emergency episodes.
Section 110(a)(2)(H): SIP revisions.
Section 110(a)(2)(L): Permitting fees.
Section 110(a)(2)(M): Consultation/participation by
affected local entities.
In addition, we are approving into the SIP certain regulatory
provisions included in the 2013 Pima County and Maricopa County
Submittals, and in the 2014 Pinal County Submittal, as discussed in the
TSD.\9\
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\9\ Copies of these Arizona county regulations are included in
the 2013 Pima County and Maricopa County Submittals, and 2014 Pinal
County Submittal, which are available in the docket for this action
and online at https://regulations.gov, docket number EPA-R09-OAR-
2014-0258.
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We are not acting today on those elements of the infrastructure SIP
that address the requirements of sections 110(a)(2)(C), (D), (J) and
(K) of the Act. On October 29, 2012, ADEQ submitted ``New Source Review
State Implementation Plan Submission'' and on July 2, 2014 submitted
``Supplemental Information to 2012 New Source Review State
Implementation Plan Submission''. These submissions address the
permitting portions of I-SIP elements in sections 110(a)(2)(C), (D),
(J) and (K) of the Act and will be addressed in a subsequent
rulemaking.
Section 110(l) of the Act prohibits EPA from approving any SIP
revision that would interfere with any applicable requirement
concerning attainment and reasonable further progress (RFP) or any
other applicable requirement of the Act. All of the elements of the
infrastructure SIP that we are approving, as explained in the TSD,
improve the SIP by replacing obsolete statutes or regulations and by
updating the state and local agencies' SIP implementation and
enforcement authorities. We have determined that our approval of the
elements discussed above complies with CAA section 110(l) because the
SIP revision would not interfere with the on-going process for ensuring
that requirements for RFP and attainment of the NAAQS are met, and the
SIP revision clarifies and updates the SIP. Our TSD contains a more
detailed discussion of our evaluation.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Arizona Regulations described in the amendments to 40 CFR part 52 set
forth below. The EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).
V. 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 proposes to approve 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, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Lead, Reporting and
recordkeeping requirements.
[[Page 47862]]
Dated: February 19, 2015.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Editorial Note: This document was received for publication by
the Office of the Federal Register on August 4, 2015.
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)(166), (167),
(168), (169), and (170) to read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
(166) The following plan was submitted on October 14, 2011, by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials.
(A) Arizona Department of Environmental Quality.
(1) Arizona State Implementation Plan Revision under Clean Air Act
Section 110(a)(1) and (2); Implementation of the 2008 Lead National
Ambient Air Quality Standards, excluding the appendices.
(167) The following plan was submitted on December 27, 2012 by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials.
(A) Arizona Department of Environmental Quality.
(1) Arizona State Implementation Plan Revision under Clean Air Act
Section 110(a)(1) and (2); 2008 8-hour Ozone NAAQS, excluding the
appendices.
(168) The following plan was submitted on December 6, 2013 by the
Governor's designee.
(i) Incorporation by reference.
(A) Maricopa County Air Quality Department.
(1) Maricopa County Air Pollution Control Regulations, Rule 100
(``General Provisions and Definitions''), section 100 (``General''),
subsection 108 (``Hearing Board''), revised September 25, 2013.
(169) The following plan was submitted on December 19, 2013 by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials.
(A) Pima County Department of Environmental Quality.
(1) Board of Supervisors of Pima County, Arizona, Ordinance No.
1993-128, Section 1, 17.040.190 ``Composition'' Section 6, 17.24.040
``Reporting for compliance evaluations'' adopted September 28, 1993.
(2) Board of Supervisors of Pima County, Arizona, Ordinance 2005-
43, Chapter 17.12, Permits and Permit Revisions, section 2,17.12.040
``Reporting Requirements'' adopted April 19, 2005.
(170) The following plan was submitted on September 4, 2014 by the
Governor's designee.
(i) Incorporation by reference.
(A) Pinal County Air Quality Control District.
(1) Pinal County Board of Supervisors, Resolution No. 072314-AQ1,
1-3-140, Definitions, 74, Hearing Board, including new text that is
underlined and excluding removed text which was struck by the board,
effective July 23, 2014.
0
3. Section 52.123 is amended by revising paragraphs (l), (m), and (n)
to read as follows:
Sec. 52.123 Approval status.
* * * * *
(l) 1997 8-hour ozone NAAQS: The SIPs submitted on October 14, 2009
and August 24, 2012 are fully or partially disapproved for Clean Air
Act (CAA) elements 110(a)(2)(C), (D)(ii), (J) and (K) for all portions
of the Arizona SIP.
(m) 1997 PM2.5 NAAQS: The SIPs submitted on October 14, 2009 and
August 24, 2012 are fully or partially disapproved for Clean Air Act
(CAA) elements 110(a)(2)(C), (D)(ii), (J) and (K) for all portions of
the Arizona SIP.
(n) 2006 PM2.5 NAAQS: The SIPs submitted on October 14, 2009 and
August 24, 2012 are fully or partially disapproved for Clean Air Act
(CAA) elements 110(a)(2)(C), (D)(i)(II) (interfere with measures in any
other state to prevent significant deterioration of air quality),
(D)(ii), (J) and (K) for all portions of the Arizona SIP.
[FR Doc. 2015-19499 Filed 8-7-15; 8:45 am]
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