Approval of Arizona Air Plan Revisions, Arizona Department of Environmental Quality and Pinal County Air Quality Control District, 2305-2308 [2017-00054]

Download as PDF Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Proposed Rules 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 CAA; 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). In addition, 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 as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: December 20, 2016. Heather McTeer Toney, Regional Administrator, Region 4. [FR Doc. 2017–00162 Filed 1–6–17; 8:45 am] mstockstill on DSK3G9T082PROD with PROPOSALS BILLING CODE 6560–50–P VerDate Sep<11>2014 17:29 Jan 06, 2017 Jkt 241001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR- 2016–0702; FRL–9957–95Region 9] Approval of Arizona Air Plan Revisions, Arizona Department of Environmental Quality and Pinal County Air Quality Control District Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the Arizona State Implementation Plan (SIP). These revisions include a state statute and certain state rules that govern air pollution sources under the Arizona Department of Environmental Quality (ADEQ) and the Pinal County Air Quality Control District (PCAQCD). These revisions concern emissions of particulate matter (PM) from construction sites, agricultural activity and other fugitive dust sources. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action. DATES: Any comments must arrive by February 8, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2016–0702 at https:// www.regulations.gov, or via email to Steckel.Andrew@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the SUMMARY: PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 2305 official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. 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 the EPA. Table of Contents I. The State’s Submittal A. What statute and rules did the State submit? B. Are there other versions of the statute and rules? C. What is the purpose of the submitted rules and statute revisions? II. The EPA’s Evaluation and Action A. How is the EPA evaluating the rules and statute? B. Do the rules and statute meet the evaluation criteria? C. EPA Recommendations To Further Improve the Rules D. Public Comment and Proposed Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. The State’s Submittal A. What statute and rules did the State submit? Table 1 lists the statute and rules addressed by this proposal with the dates that they were adopted by the state or local air agency and submitted by the ADEQ. E:\FR\FM\09JAP1.SGM 09JAP1 2306 Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Proposed Rules TABLE 1—SUBMITTED STATUTE AND RULES Local agency Rule No. Rule title PCAQCD .................................. PCAQCD .................................. Chapter 4—Article 1 .... Chapter 4—Article 3 .... Fugitive Dust .................................................... Construction Sites—Fugitive Dust ................... Arizona Revised Statutes (ARS) Statute No. Statute title ARS .......................................... § 49–424 ...................... Duties of Department ...................................... Arizona Administrative Code (AAC) Rule No. AAC No. AAC title AAC .......................................... R18–2–210 .................. AAC .......................................... R18–2–610 .................. AAC .......................................... R18–2–610.03 ............. AAC .......................................... AAC .......................................... R18–2–612 .................. R18–2–612.01 ............. AAC .......................................... Appendix 2 .................. Attainment, Nonattainment, and Unclassifiable Area Designations. Definitions for R18–2–610.01, R18–2–610.02, and R18–2–610.03. Agricultural PM General Permit for Crop Operations; Pinal County PM Nonattainment Area. Definitions for R18–2–612.01 .......................... Agricultural PM General Permit for Irrigation Districts; PM Nonattainment Areas Designated After June 1, 2009. Test Methods and Protocols ........................... On March 21, 2016, the EPA determined that the submitted revisions from ADEQ and PCAQCD listed in Table 1 met the completeness criteria in 40 CFR part 51 Appendix V, which must be met before formal EPA review. B. Are there other versions of the statute and rules? Adopted Submitted 10/28/15 10/28/15 Effective date 12/21/15 12/21/15 Submitted 4/18/14 Amended/ effective date 12/21/15 Submitted 07/01/14 12/21/15 07/02/15 12/21/15 07/02/15 12/21/15 07/02/15 07/02/15 12/21/15 12/21/15 07/02/15 12/21/15 statute and rules EPA has previously approved into the SIP. There are no previous versions of PCAQCD Chapter 4, Articles 1 and 3 in the SIP. Table 2 lists versions of the TABLE 2—SIP-APPROVED RULES ARS Title Existing SIP-approved rule superseded by this action § 49–424 .......... Duties of Department ......................................... 49–424 (2011) Duties of Department ................ AAC Title Existing SIP superseded by this action R18–2–210 ...... Attainment, Nonattainment, and Unclassifiable Area Designations. Test Methods and Protocols .............................. Attainment, Nonattainment, and Unclassifiable Area Designations. Test Methods and Protocols .............................. Appendix 2 ....... mstockstill on DSK3G9T082PROD with PROPOSALS In addition, we note that SIPapproved rule R18–2–610, ‘‘Definitions for R18–2–611,’’ has the same AAC number as new rule R18–2–610, ‘‘Definitions for R18–2–610.01 R18–2– 610.02, and R18–2–610.03,’’ but is not superseded by the new rule. See 66 FR 51869 (October 11, 2001). Both versions of R18–2–610 will be in the SIP, but can be differentiated by their different titles and dates. C. What is the purpose of the submitted rule and statute revisions? Particulate matter, including PM equal to or less than 2.5 microns in diameter (PM2.5) and PM equal to or less than 10 microns in diameter (PM10), contributes to effects that are harmful to human health and the environment, including premature mortality, VerDate Sep<11>2014 17:29 Jan 06, 2017 Jkt 241001 aggravation of respiratory and cardiovascular disease, decreased lung function, visibility impairment, and damage to vegetation and ecosystems. Section 110(a) of the CAA requires states to submit regulations that control PM emissions. PCAQCD Chapter 4, Article 1—Fugitive Dust • New rule applies to open areas/ vacant lots, unpaved roads, unpaved lots and paved public roadways. • Establishes a 20 percent opacity limit. • Requires no trespassing signs, physical barriers or other effective control measures upon evidence of trespass. PO 00000 Frm 00056 Fmt 4702 Sfmt 4702 Previous approval 77 FR 66398 11/05/12 Previous Approval 79 FR 56656 09/23/14 79 FR 56655 09/23/15 • Limits silt content on unpaved lots and roads to eight percent and six percent respectively. PCAQCD Chapter 4, Article 3— Construction Sites—Fugitive Dust • New rule designed to regulate PM10 emissions attributed to construction activities under both stagnation and windy conditions. • Limits opacity to 20 percent. ARS § 49–424—Duties of Department • Revised rule extends the requirement to develop and disseminate air quality dust forecasts to the Maricopa County PM10 maintenance area and any other PM10 nonattainment or maintenance areas designated on or after December 31, 2011. E:\FR\FM\09JAP1.SGM 09JAP1 Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Proposed Rules AAC R18–2–210—Attainment, Nonattainment, and Unclassifiable Area Designations • Revised rule reflects updated 40 CFR 81.303 as amended July 1, 2014. AAC R18–2–610—Definitions for R18– 2–610.01, R18–2–610.02, and R18–2– 610.03 • New rule provides definitions for commercial farms general permit rule and applies to general permit rules in other specified nonattainment areas. AAC R18–2–610.03—Agricultural PM General Permit for Crop Operations; Pinal County PM Attainment Area • New menu-based rule requires a general permit for commercial farms in the Pinal County PM Nonattainment Area. • Requires implementation of at least one (best management practice) BMP in the following five categories: Tillage, ground operations and harvest, noncropland, commercial farm roads, and cropland. Beginning in calendar year 2017, and no more than once every subsequent three years, requires facility response to an ADEQ survey on BMP implementation. AAC R18–2–612—Definitions for R18– 2–612.01 • New rule provides definitions for R18–2–612.01. AAC R18–2–612.01—Agricultural PM General Permit for Irrigation Districts; PM Nonattainment Areas Designated After June 1, 2009 mstockstill on DSK3G9T082PROD with PROPOSALS • New menu-based rule requires a general permit for irrigation districts in nonattainment areas designated after June 1, 2009. • Requires implementation of at least one BMP in the following three categories: unpaved operation and maintenance roads, canals, and unpaved utility access roads. • Beginning in calendar year 2017, and no more than once every subsequent three years, requires irrigation district response to an ADEQ survey on BMP implementation. AAC Appendix 2—Test Methods and Protocol • Revised rule adds section L: 40 CFR 51.128 Appendix A (1)(B) and section M: Silt Content Test Method. The EPA’s technical support documents (TSDs) have more information about these rules. VerDate Sep<11>2014 17:29 Jan 06, 2017 Jkt 241001 II. The EPA’s Evaluation and Action A. How is the EPA evaluating the statute and rules? SIP rules must be enforceable (see CAA section 110(a)(2)), must not interfere with applicable requirements concerning attainment and reasonable further progress or other CAA requirements (see CAA section 110(l)), and are limited in how they can modify certain SIP control requirements in nonattainment areas (see CAA section 193). In addition, generally, SIP rules must implement Reasonably Available Control Measures (RACM), including Reasonably Available Control Technology (RACT), in moderate PM2.5/ PM10 nonattainment areas (see CAA sections 172(c)(1) and 189(a)(1)(C)). The PCAQCD regulates a PM10 nonattainment area classified as moderate for the 1987 24-hour PM10 National Ambient Air Quality Standard (NAAQS) (40 CFR 81. 303).1 A RACM evaluation is generally performed in context of a broader plan, so we are not proposing to determine whether ADEQ has demonstrated RACM for the Pinal area as part of this notice. Guidance and policy documents that we use to evaluate enforceability, revision/relaxation and rule stringency requirements for the applicable criteria pollutants include the following: 1. ‘‘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); 57 FR 18070 (April 28, 1992). 2. ‘‘Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,’’ EPA, May 25, 1988 (the Bluebook, revised January 11, 1990). 3. ‘‘Guidance Document for Correcting Common VOC & Other Rule Deficiencies,’’ EPA Region 9, August 21, 2001 (the Little Bluebook). 4. ‘‘PM–10 Guideline Document,’’ EPA 452/R–93–008, April 1993. 5. ‘‘Fugitive Dust Background Document and Technical Information Document for Best Available Control Measures,’’ EPA 450/2–92–004, September 1992. B. Do the rules and statute meet the evaluation criteria? We believe these rules and statute are consistent with CAA requirements and relevant guidance and fulfill the evaluation criteria. The statute and rules are clear and contain adequate testing, 1 The 1997 PM 10 24-hour National Ambient Air Quality Standard (primary and secondary) is 150 micrograms per cubic meter. See https:// www.epa.gov/criteria-air-pollutants/naaqs-table. PO 00000 Frm 00057 Fmt 4702 Sfmt 4702 2307 recordkeeping and reporting requirements to be sufficiently enforceable. The statute and rules strengthen effective requirements (e.g., by strengthening/adding general permit rules and BMPs for agricultural operations) and are consistent with CAA section 193. The statute and rules generally impose RACT-level requirements (e.g., the revisions limit silt content on unpaved lots and roads to eight percent and six percent respectively) for the affected categories. The TSDs have more information on our evaluation. C. EPA recommendations To Further Improve the Rules The TSDs describe additional rule revisions that we recommend for the next time the state and local agency modifies the rules. D. Public Comment and Proposed Action As authorized in section 110(k)(3) of the Act, the EPA proposes to fully approve the submitted rules and statute because we believe they fulfill all relevant requirements. We will accept comments from the public on this proposal until February 8, 2017. Unless we receive convincing new information during the comment period, we intend to publish a final approval action that will incorporate these rules and statute into the federally-enforceable SIP. III. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the PCAQCD/ADEQ rules/statute as described in Table 1 of this notice. The EPA has made, and will continue to make, these documents available electronically through www.regulations.gov and in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). 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 proposed action merely proposes to approve state law as meeting federal requirements and does E:\FR\FM\09JAP1.SGM 09JAP1 2308 Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Proposed Rules mstockstill on DSK3G9T082PROD with PROPOSALS not impose additional requirements beyond those imposed by state law. For that reason, this proposed 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 the 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, the SIP is not approved to apply on any Indian reservation land or in any other area where the 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, VerDate Sep<11>2014 17:29 Jan 06, 2017 Jkt 241001 Particulate matter, Reporting and recordkeeping requirements. ENVIRONMENTAL PROTECTION AGENCY consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. 40 CFR Parts 52 and 81 FOR FURTHER INFORMATION CONTACT: Authority: 42 U.S.C. 7401 et seq. Dated: December 20, 2016. Alexis Strauss, Acting Regional Administrator, Region IX. [FR Doc. 2017–00054 Filed 1–6–17; 8:45 am] BILLING CODE 6560–50–P [EPA–R09–OAR–2016–0287; FRL–9957–63Region 9] Approval of Arizona Air Plan Revisions; Ajo and Morenci, Arizona; Second 10-Year Sulfur Dioxide Maintenance Plans and Technical Correction Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve the second ten-year maintenance plans for the Ajo and Morenci areas in Arizona for the 1971 National Ambient Air Quality Standards (NAAQS) for sulfur dioxide (SO2), and to correct an error in the description of the Ajo, Arizona SO2 maintenance area in the Code of Federal Regulations. DATES: Any comments on this proposal must arrive by February 8, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2016–0287 at https:// www.regulations.gov, or via email to Wienke Tax, at tax.wienke@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be removed or edited from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not SUMMARY: PO 00000 Frm 00058 Fmt 4702 Sfmt 9990 Wienke Tax, EPA Region IX, (415) 947– 4192, tax.wienke@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to the EPA. This proposal addresses the second ten-year maintenance plans submitted by the Arizona Department of Environmental Quality to address the 1971 SO2 NAAQS in the Ajo and Morenci maintenance areas, AZ. In the Rules and Regulations section of this Federal Register, we are approving these second ten-year maintenance plans in a direct final action without prior proposal because we believe these SIP revisions are not controversial. If we receive adverse comments, however, we will publish a timely withdrawal of the direct final rule and address the comments in subsequent action based on this proposed rule. If we receive adverse comment on a distinct provision of this rulemaking, i.e., our action regarding only one maintenance plan, we will publish a timely withdrawal in the Federal Register indicating which provisions we are withdrawing. The provisions that are not withdrawn, i.e., our approval of the other maintenance plan that is not the subject of an adverse comment, will become effective on the date set out above, notwithstanding adverse comment on the other maintenance plan. We do not plan to open a second comment period, so anyone interested in commenting should do so at this time. If we do not receive adverse comments, no further activity is planned. For further information, please see the direct final action. Dated: December 15, 2016. Alexis Strauss, Acting Regional Administrator, Region IX. [FR Doc. 2016–31636 Filed 1–6–17; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\09JAP1.SGM 09JAP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)]
[Proposed Rules]
[Pages 2305-2308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00054]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR- 2016-0702; FRL-9957-95-Region 9]

Approval of Arizona Air Plan Revisions, Arizona Department of
Environmental Quality and Pinal County Air Quality Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Arizona State Implementation Plan (SIP). These
revisions include a state statute and certain state rules that govern
air pollution sources under the Arizona Department of Environmental
Quality (ADEQ) and the Pinal County Air Quality Control District
(PCAQCD). These revisions concern emissions of particulate matter (PM)
from construction sites, agricultural activity and other fugitive dust
sources. We are proposing to approve local rules to regulate these
emission sources under the Clean Air Act (CAA or the Act). We are
taking comments on this proposal and plan to follow with a final
action.

DATES: Any comments must arrive by February 8, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0702 at https://www.regulations.gov, or via email to
Steckel.Andrew@epa.gov. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

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 the EPA.

Table of Contents

I. The State's Submittal
A. What statute and rules did the State submit?
B. Are there other versions of the statute and rules?
C. What is the purpose of the submitted rules and statute
revisions?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules and statute?
B. Do the rules and statute meet the evaluation criteria?
C. EPA Recommendations To Further Improve the Rules
D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What statute and rules did the State submit?

Table 1 lists the statute and rules addressed by this proposal with
the dates that they were adopted by the state or local air agency and
submitted by the ADEQ.

[[Page 2306]]

Table 1--Submitted Statute and Rules
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Local agency Rule No..................... Rule title..... Adopted Submitted
----------------------------------------------------------------------------------------------------------------
PCAQCD....................... Chapter 4--Article 1........ Fugitive Dust.. 10/28/15 12/21/15
PCAQCD....................... Chapter 4--Article 3........ Construction 10/28/15 12/21/15
Sites--Fugitiv
e Dust.
----------------------------------------------------------------------------------------------------------------
Arizona Revised Statutes Statute No. Statute title Effective date Submitted
(ARS)
----------------------------------------------------------------------------------------------------------------
ARS.......................... Sec. 49-424............... Duties of 4/18/14 12/21/15
Department.
----------------------------------------------------------------------------------------------------------------
Arizona Administrative Code AAC No. AAC title Amended/ Submitted
(AAC) Rule No. effective date
----------------------------------------------------------------------------------------------------------------
AAC.......................... R18-2-210................... Attainment, 07/01/14 12/21/15
Nonattainment,
and
Unclassifiable
Area
Designations.
AAC.......................... R18-2-610................... Definitions for 07/02/15 12/21/15
R18-2-610.01,
R18-2-610.02,
and R18-2-
610.03.
AAC.......................... R18-2-610.03................ Agricultural PM 07/02/15 12/21/15
General Permit
for Crop
Operations;
Pinal County
PM
Nonattainment
Area.
AAC.......................... R18-2-612................... Definitions for 07/02/15 12/21/15
R18-2-612.01.
AAC.......................... R18-2-612.01................ Agricultural PM 07/02/15 12/21/15
General Permit
for Irrigation
Districts; PM
Nonattainment
Areas
Designated
After June 1,
2009.
AAC.......................... Appendix 2.................. Test Methods 07/02/15 12/21/15
and Protocols.
----------------------------------------------------------------------------------------------------------------

On March 21, 2016, the EPA determined that the submitted revisions
from ADEQ and PCAQCD listed in Table 1 met the completeness criteria in
40 CFR part 51 Appendix V, which must be met before formal EPA review.

B. Are there other versions of the statute and rules?

There are no previous versions of PCAQCD Chapter 4, Articles 1 and
3 in the SIP. Table 2 lists versions of the statute and rules EPA has
previously approved into the SIP.

Table 2--SIP-Approved Rules
----------------------------------------------------------------------------------------------------------------
Existing SIP-
approved rule
ARS Title superseded by this Previous approval
action
----------------------------------------------------------------------------------------------------------------
Sec. 49-424.................... Duties of 49-424 (2011) 77 FR 66398 11/05/12
Department. Duties of
Department.
----------------------------------------------------------------------------------------------------------------
AAC Title Existing SIP Previous Approval
superseded by this
action
----------------------------------------------------------------------------------------------------------------
R18-2-210........................ Attainment, Attainment, 79 FR 56656
Nonattainment, and Nonattainment, and 09/23/14
Unclassifiable Unclassifiable
Area Designations. Area Designations.
Appendix 2....................... Test Methods and Test Methods and 79 FR 56655
Protocols. Protocols. 09/23/15
----------------------------------------------------------------------------------------------------------------

In addition, we note that SIP-approved rule R18-2-610,
``Definitions for R18-2-611,'' has the same AAC number as new rule R18-
2-610, ``Definitions for R18-2-610.01 R18-2-610.02, and R18-2-610.03,''
but is not superseded by the new rule. See 66 FR 51869 (October 11,
2001). Both versions of R18-2-610 will be in the SIP, but can be
differentiated by their different titles and dates.

C. What is the purpose of the submitted rule and statute revisions?

Particulate matter, including PM equal to or less than 2.5 microns
in diameter (PM2.5) and PM equal to or less than 10 microns
in diameter (PM10), contributes to effects that are harmful
to human health and the environment, including premature mortality,
aggravation of respiratory and cardiovascular disease, decreased lung
function, visibility impairment, and damage to vegetation and
ecosystems. Section 110(a) of the CAA requires states to submit
regulations that control PM emissions.
PCAQCD Chapter 4, Article 1--Fugitive Dust
New rule applies to open areas/vacant lots, unpaved roads,
unpaved lots and paved public roadways.
Establishes a 20 percent opacity limit.
Requires no trespassing signs, physical barriers or other
effective control measures upon evidence of trespass.
Limits silt content on unpaved lots and roads to eight
percent and six percent respectively.
PCAQCD Chapter 4, Article 3--Construction Sites--Fugitive Dust
New rule designed to regulate PM10 emissions
attributed to construction activities under both stagnation and windy
conditions.
Limits opacity to 20 percent.
ARS Sec. 49-424--Duties of Department
Revised rule extends the requirement to develop and
disseminate air quality dust forecasts to the Maricopa County
PM10 maintenance area and any other PM10
nonattainment or maintenance areas designated on or after December 31,
2011.

[[Page 2307]]

AAC R18-2-210--Attainment, Nonattainment, and Unclassifiable Area
Designations
Revised rule reflects updated 40 CFR 81.303 as amended
July 1, 2014.
AAC R18-2-610--Definitions for R18-2-610.01, R18-2-610.02, and R18-2-
610.03
New rule provides definitions for commercial farms general
permit rule and applies to general permit rules in other specified
nonattainment areas.
AAC R18-2-610.03--Agricultural PM General Permit for Crop Operations;
Pinal County PM Attainment Area
New menu-based rule requires a general permit for
commercial farms in the Pinal County PM Nonattainment Area.
Requires implementation of at least one (best management
practice) BMP in the following five categories: Tillage, ground
operations and harvest, noncropland, commercial farm roads, and
cropland. Beginning in calendar year 2017, and no more than once every
subsequent three years, requires facility response to an ADEQ survey on
BMP implementation.
AAC R18-2-612--Definitions for R18-2-612.01
New rule provides definitions for R18-2-612.01.
AAC R18-2-612.01--Agricultural PM General Permit for Irrigation
Districts; PM Nonattainment Areas Designated After June 1, 2009
New menu-based rule requires a general permit for
irrigation districts in nonattainment areas designated after June 1,
2009.
Requires implementation of at least one BMP in the
following three categories: unpaved operation and maintenance roads,
canals, and unpaved utility access roads.
Beginning in calendar year 2017, and no more than once
every subsequent three years, requires irrigation district response to
an ADEQ survey on BMP implementation.
AAC Appendix 2--Test Methods and Protocol
Revised rule adds section L: 40 CFR 51.128 Appendix A
(1)(B) and section M: Silt Content Test Method.
The EPA's technical support documents (TSDs) have more information
about these rules.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the statute and rules?

SIP rules must be enforceable (see CAA section 110(a)(2)), must not
interfere with applicable requirements concerning attainment and
reasonable further progress or other CAA requirements (see CAA section
110(l)), and are limited in how they can modify certain SIP control
requirements in nonattainment areas (see CAA section 193).
In addition, generally, SIP rules must implement Reasonably
Available Control Measures (RACM), including Reasonably Available
Control Technology (RACT), in moderate PM2.5/PM10
nonattainment areas (see CAA sections 172(c)(1) and 189(a)(1)(C)). The
PCAQCD regulates a PM10 nonattainment area classified as
moderate for the 1987 24-hour PM10 National Ambient Air
Quality Standard (NAAQS) (40 CFR 81. 303).\1\ A RACM evaluation is
generally performed in context of a broader plan, so we are not
proposing to determine whether ADEQ has demonstrated RACM for the Pinal
area as part of this notice.
---------------------------------------------------------------------------

\1\ The 1997 PM10 24-hour National Ambient Air
Quality Standard (primary and secondary) is 150 micrograms per cubic
meter. See https://www.epa.gov/criteria-air-pollutants/naaqs-table.
---------------------------------------------------------------------------

Guidance and policy documents that we use to evaluate
enforceability, revision/relaxation and rule stringency requirements
for the applicable criteria pollutants include the following:
1. ``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); 57 FR 18070 (April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11,
1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
4. ``PM-10 Guideline Document,'' EPA 452/R-93-008, April 1993.
5. ``Fugitive Dust Background Document and Technical Information
Document for Best Available Control Measures,'' EPA 450/2-92-004,
September 1992.

B. Do the rules and statute meet the evaluation criteria?

We believe these rules and statute are consistent with CAA
requirements and relevant guidance and fulfill the evaluation criteria.
The statute and rules are clear and contain adequate testing,
recordkeeping and reporting requirements to be sufficiently
enforceable. The statute and rules strengthen effective requirements
(e.g., by strengthening/adding general permit rules and BMPs for
agricultural operations) and are consistent with CAA section 193. The
statute and rules generally impose RACT-level requirements (e.g., the
revisions limit silt content on unpaved lots and roads to eight percent
and six percent respectively) for the affected categories.
The TSDs have more information on our evaluation.

C. EPA recommendations To Further Improve the Rules

The TSDs describe additional rule revisions that we recommend for
the next time the state and local agency modifies the rules.

D. Public Comment and Proposed Action

As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rules and statute because we believe they
fulfill all relevant requirements. We will accept comments from the
public on this proposal until February 8, 2017. Unless we receive
convincing new information during the comment period, we intend to
publish a final approval action that will incorporate these rules and
statute into the federally-enforceable SIP.

III. Incorporation by Reference

In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the PCAQCD/ADEQ rules/statute as described in Table 1 of this
notice. The EPA has made, and will continue to make, these documents
available electronically through www.regulations.gov and in hard copy
at the appropriate EPA office (see the ADDRESSES section of this
preamble for more information).

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 proposed action merely proposes to approve state law
as meeting federal requirements and does

[[Page 2308]]

not impose additional requirements beyond those imposed by state law.
For that reason, this proposed 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 the 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, the SIP is not approved to apply on any Indian reservation
land or in any other area where the 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, Particulate matter, Reporting
and recordkeeping requirements.

Authority: 42 U.S.C. 7401 et seq.

Dated: December 20, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-00054 Filed 1-6-17; 8:45 am]
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