Approval of Arizona Air Plan Revisions, Arizona Department of Environmental Quality and Maricopa County Air Quality Department, 13084-13086 [2017-04683]
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13084
Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Proposed Rules
33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR parts 100 and 165 as
follows:
Authority: 33 U.S.C. 1233.
2. Revise paragraph (c) to read as
follows:
*
*
*
*
*
(c) Effective date. This section is in
effect biennially on a date and times
published in the Local Notice To
Mariners.
■
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for Part 100
continues to read as follows:
4. Add new section 8.4 and 8.5 to the
Table at § 165.173.
■
§ 165.173 Safety Zones for annually
recurring marine events held in Coast
Guard Southeastern New England Captain
of the Port Zone.
■
8.4
Fall River Grand Prix .............
*
*
*
*
41°41.40′
41°41.48′
41°42.33′
41°42.42′
*
[FR Doc. 2017–04563 Filed 3–8–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2017–0041; FRL–9958–92–
Region 9]
Approval of Arizona Air Plan
Revisions, Arizona Department of
Environmental Quality and Maricopa
County Air Quality Department
*
Longitude
N.
N.
N.
N.
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
The Environmental Protection
Agency (EPA) is proposing to approve
SUMMARY:
Jkt 241001
revisions to the Arizona Department of
Environmental Quality (ADEQ) and
Maricopa County Air Quality District
(MCAQD) portions of the Arizona State
Implementation Plan (SIP). These
revisions were submitted by ADEQ in
response to EPA’s May 22, 2015, finding
of substantial inadequacy and SIP call
for certain provisions in the SIP related
to affirmative defenses applicable to
excess emissions during startup,
shutdown, and malfunction (SSM)
events. EPA is proposing approval of the
SIP revisions because the Agency has
determined that they are in accordance
with the requirements for SIP provisions
under the Clean Air Act (CAA or the
Act).
Any comments must arrive by
April 10, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2017–0041 at https://
www.regulations.gov, or via email to
Andrew Steckel, Rulemaking Office
Chief at Steckel.Andrew@epa.gov. For
DATES:
AGENCY:
14:52 Mar 08, 2017
*
71°11.15′
71°11.15′
71°09.40′
71°09.47′
W.
W.
W.
W.
• Event Type: Paddleboard excursion.
• Date: One weekend day (Saturday or Sunday) in August.
• Time: Approximately 4:30 a.m. to 4:30 p.m.
• Location: Departing from Scusset Beach, Sandwich, MA, and transiting to Wellfleet Harbor, Wellfleet,
MA.
• Position: A line drawn from Scusset Beach at approximate position 41°47′ N., 70°30′ W., to Wellfleet
Harbor at approximate position 41°53′ N., 70°02′ W. (NAD 83).
• Safety Zone Dimension: Approximately 500 yards extending in each direction from the line described
above.
Dated: February 22, 2017.
Richard J. Schultz,
Captain, U.S. Coast Guard, Captain of the
Port Southeastern New England.
VerDate Sep<11>2014
*
Latitude
SW.
NW.
SE.
NE.
Cape Cod Bay Challenge .....
*
• Event Type: Offshore powerboat race.
• Date: One weekend (Friday, Saturday, & Sunday) in August as announced in the Local Notice to Mariners.
• Time: Approximately 8 a.m. to 5 p.m. daily
• Location: Taunton River, Massachusetts, in the vicinity Fall River and Somerset, MA.
• Safety Zone Dimension: Mt Hope Bay and the Taunton River navigation channel from approximately Mt
Hope Bay buoy R10 southwest of Brayton Point channel, and extending approximately two miles to the
northeast up to and including Mt Hope Bay buoy C17 north of the Braga Bridge. The safety zone is encompassed by the following coordinates (NAD 83):
Corner
8.5
*
3. The authority citation for Part 165
continues to read as follows:
■
jstallworth on DSK7TPTVN1PROD with PROPOSALS
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1; 6.04–1, 6.04–6,and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
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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
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
E:\FR\FM\09MRP1.SGM
09MRP1
Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Proposed Rules
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. What action is the EPA proposing today?
II. What is the background for the EPA’s
proposed action?
III. Why is the EPA proposing this action?
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. What action is EPA proposing today?
The EPA is proposing to approve
revisions to the Arizona SIP. The
revisions will remove from the ADEQ
and MCAQD portions of the Arizona SIP
provisions related to affirmative
defenses that sources could assert in the
event of enforcement actions for
violations of SIP requirements during
SSM events. Removal of the affirmative
defense provisions from the SIP will
make the ADEQ and MCAQD portions
of the SIP consistent with CAA
requirements with respect to this issue.
ADEQ and MCAQD are retaining the
affirmative defenses solely for state law
purposes, outside of the SIP. Removal of
the affirmative defenses from the SIP is
also consistent with the EPA policy for
exclusion of ‘‘state law only’’ provisions
13085
from SIPs, and will serve to minimize
any potential confusion about the
inapplicability of the affirmative
defense provisions in federal court
enforcement actions. Table 1 lists the
rules addressed by this proposal with
the dates on which each rule was
rescinded by the ADEQ or MCAQD and
submitted by the ADEQ in response to
EPA’s final action entitled ‘‘State
Implementation Plans: Response to
Petition for Rulemaking; Restatement
and Update of EPA’s SSM Policy
Applicable to SIPs; Findings of
Substantial Inadequacy; and SIP Calls
To Amend Provisions Applying to
Excess Emissions During Periods of
Startup, Shutdown and Malfunction,’’
80 FR 33839 (June 12, 2015), hereafter
referred to as the ‘‘SSM SIP Action.’’
TABLE 1—SUBMITTED RULES
Local agency
Rule No.
ADEQ ......................................
R18–2–310
MCAQD ...................................
140
jstallworth on DSK7TPTVN1PROD with PROPOSALS
On December 15, 2016 and December
21, 2016, respectively, the EPA
determined that the submittals with
respect to ADEQ R18–2–310 and
MCAQD Rule 140 met the completeness
criteria in 40 CFR part 51, appendix V,
which must be met before formal EPA
review of the submittals for
approvability in accordance with
applicable CAA requirements.
II. What is the background for the
EPA’s proposed action?
On June 12, 2015, pursuant to CAA
section 110(k)(5), the EPA published the
final SSM SIP Action finding that
certain SIP provisions in thirty-six states
were substantially inadequate to meet
CAA requirements and called on those
states to submit SIP revisions to address
those inadequacies. 80 FR 33839. As
required by the CAA, the EPA
established a reasonable deadline (not to
exceed 18 months) by which the
affected states must submit such SIP
revisions. In accordance with the SSM
SIP Action, states were required to
submit corrective revisions to their SIPs
by November 22, 2016. The EPA’s
reasoning, legal authority, and
responsibility under the CAA for issuing
the SIP call to Arizona can be found in
the SSM SIP Action.
In the SSM SIP Action, the EPA
determined that two provisions in
ADEQ Rule R18–2–310, which provide
affirmative defenses for excess
emissions during malfunctions (AAC
§ R18–2–310(B)) and for excess
VerDate Sep<11>2014
14:52 Mar 08, 2017
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Rule title
Rescinded
Affirmative Defense for Excess Emissions Due to Malfunctions, Startup, and Shutdown.
Excess Emissions ..................................................................
emissions during startup or shutdown
(AAC § R18–2–310(C)) were
substantially inadequate to meet CAA
requirements. Specifically, AAC § R18–
2–310(B) and AAC § R18–2–310(C)
contain affirmative defense provisions
that operate to alter or affect the
jurisdiction of federal courts in the
event of an enforcement action, contrary
to the enforcement structure of the CAA
in section 113 and section 304. 80 FR
33971 (June 12, 2015).
In the SSM SIP Action, the EPA also
determined that comparable provisions
in the MCAQD portion of the SIP were
substantially inadequate. MCAQD
Regulations provided affirmative
defenses for excess emissions during
malfunctions (MCAQD Regulation 3,
Rule 140, § 401) and for excess
emissions during startup or shutdown
(MCAQD Regulation 3, Rule 140, § 402).
These provisions in MCAQD Rule 140
are similar to the affirmative defense
provisions in ADEQ R18–2–310. The
EPA concluded that these MCAQD
provisions operate to alter or affect the
jurisdiction of federal courts in the
event of an enforcement action, contrary
to the enforcement structure of the CAA
in section 113 and section 304. See 80
FR 33972 (June 12, 2015).
On November 17 and 18, 2016, ADEQ
made timely submittals in response to
the SSM SIP Action. As noted above,
the EPA found these submittals
complete on December 15 and 16, 2016.
In the submittals, ADEQ is requesting
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Submitted
09/07/16
11/17/16
08/17/16
11/18/16
that EPA revise the Arizona SIP by
removal of AAC R18–2–310 and
MCAQD Rule 140 in their entirety,
thereby removing the affirmative
defense provisions from the Arizona
SIP. This approach is consistent with
the EPA’s interpretation of CAA
requirements for SIP provisions.
III. Why is the EPA proposing this
action?
In the SSM SIP Action, the EPA made
a finding of substantial inadequacy and
issued a SIP call with respect to ADEQ
AAC §§ R18–2–310(B) and R18–2–
310(C) and MCAQD Rule 140 §§ 401
and 402, and issued a SIP call with
respect to these provisions pursuant to
CAA section 110(k)(5). In response,
ADEQ made SIP submittals requesting
the EPA to remove AAC R18–2–310 and
MCAQD Rule 140 from the Arizona SIP
in their entirety. Affirmative defense
provisions like these are inconsistent
with CAA requirements and removal of
these provisions would strengthen the
SIP. Today’s action, if finalized, would
remove the affirmative defense
provisions from the ADEQ and MCAQD
portions of the EPA-approved SIP for
Arizona. The EPA is proposing to find
that these revisions are consistent with
CAA requirements and that they
adequately address the specific SIP
deficiencies that the EPA identified in
the SSM SIP Action with respect to the
ADEQ and MCAQD portions of the
Arizona SIP.
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Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Proposed Rules
jstallworth on DSK7TPTVN1PROD with PROPOSALS
IV. Proposed Action
The EPA is proposing to approve the
Arizona SIP revisions removing ADEQ
R18–2–310 and MCAQD Rule 140 from
the ADEQ and MCAQD portions of the
Arizona SIP. The EPA is proposing
approval of the SIP revisions because
the Agency has determined that they are
in accordance with the requirements for
SIP provisions under the CAA. The EPA
is not reopening the SSM SIP Action in
this action and is only taking comment
on whether this SIP revision is
consistent with CAA requirements and
whether it addresses the identified
substantial inadequacy in the specific
Arizona SIP provisions identified in the
SSM SIP Action.
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve
SIP submissions that comply 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, the 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
requests as meeting federal
requirements and does 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
VerDate Sep<11>2014
14:52 Mar 08, 2017
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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, Carbon monoxide,
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: January 18, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017–04683 Filed 3–8–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2017–0028; FRL–9958–81–
Region 9]
Approval of California Air Plan
Revisions, Western Mojave Desert,
Rate of Progress Demonstration
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan revision
submitted by the State of California to
meet Clean Air Act requirements
applicable to the Western Mojave Desert
(WMD) ozone nonattainment area. The
EPA is proposing to approve the initial
six-year 15 percent rate of progress
demonstration to address requirements
for the 1997 8-hour ozone national
ambient air quality standards (NAAQS).
SUMMARY:
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Any comments must arrive by
April 10, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2017–0028 at https://
www.regulations.gov, or via email to
kelly.thomasp@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
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: Tom
Kelly, EPA Region IX, by phone at (415)
972–3856 or by email at kelly.thomasp@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
DATES:
Table of Contents
I. Background
II. The State’s SIP Submittal
A. Documents Comprising the SIP
Submittal
B. CAA Procedural and Administrative
Requirements for SIP Submittals
III. The EPA’s Evaluation and Action
A. Requirements for the ROP
Demonstration
B. The ROP Demonstration in the 2014 SIP
Update
C. The EPA’s Evaluation of the ROP
Demonstration and Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
Following promulgation of a new or
revised NAAQS, the EPA is required by
the Clean Air Act (CAA or ‘‘Act’’) to
designate areas throughout the nation as
attaining or not attaining the NAAQS. In
the ‘‘Final Rule To Implement the 8Hour Ozone National Ambient Air
E:\FR\FM\09MRP1.SGM
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Agencies
[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Proposed Rules]
[Pages 13084-13086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04683]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2017-0041; FRL-9958-92-Region 9]
Approval of Arizona Air Plan Revisions, Arizona Department of
Environmental Quality and Maricopa County Air Quality Department
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Arizona Department of Environmental Quality
(ADEQ) and Maricopa County Air Quality District (MCAQD) portions of the
Arizona State Implementation Plan (SIP). These revisions were submitted
by ADEQ in response to EPA's May 22, 2015, finding of substantial
inadequacy and SIP call for certain provisions in the SIP related to
affirmative defenses applicable to excess emissions during startup,
shutdown, and malfunction (SSM) events. EPA is proposing approval of
the SIP revisions because the Agency has determined that they are in
accordance with the requirements for SIP provisions under the Clean Air
Act (CAA or the Act).
DATES: Any comments must arrive by April 10, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0041 at https://www.regulations.gov, or via email to Andrew
Steckel, Rulemaking Office Chief at Steckel.Andrew@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 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
[[Page 13085]]
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. What action is the EPA proposing today?
II. What is the background for the EPA's proposed action?
III. Why is the EPA proposing this action?
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. What action is EPA proposing today?
The EPA is proposing to approve revisions to the Arizona SIP. The
revisions will remove from the ADEQ and MCAQD portions of the Arizona
SIP provisions related to affirmative defenses that sources could
assert in the event of enforcement actions for violations of SIP
requirements during SSM events. Removal of the affirmative defense
provisions from the SIP will make the ADEQ and MCAQD portions of the
SIP consistent with CAA requirements with respect to this issue. ADEQ
and MCAQD are retaining the affirmative defenses solely for state law
purposes, outside of the SIP. Removal of the affirmative defenses from
the SIP is also consistent with the EPA policy for exclusion of ``state
law only'' provisions from SIPs, and will serve to minimize any
potential confusion about the inapplicability of the affirmative
defense provisions in federal court enforcement actions. Table 1 lists
the rules addressed by this proposal with the dates on which each rule
was rescinded by the ADEQ or MCAQD and submitted by the ADEQ in
response to EPA's final action entitled ``State Implementation Plans:
Response to Petition for Rulemaking; Restatement and Update of EPA's
SSM Policy Applicable to SIPs; Findings of Substantial Inadequacy; and
SIP Calls To Amend Provisions Applying to Excess Emissions During
Periods of Startup, Shutdown and Malfunction,'' 80 FR 33839 (June 12,
2015), hereafter referred to as the ``SSM SIP Action.''
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Rescinded Submitted
----------------------------------------------------------------------------------------------------------------
ADEQ............................... R18-2-310 Affirmative Defense for 09/07/16 11/17/16
Excess Emissions Due to
Malfunctions, Startup, and
Shutdown.
MCAQD.............................. 140 Excess Emissions........... 08/17/16 11/18/16
----------------------------------------------------------------------------------------------------------------
On December 15, 2016 and December 21, 2016, respectively, the EPA
determined that the submittals with respect to ADEQ R18-2-310 and MCAQD
Rule 140 met the completeness criteria in 40 CFR part 51, appendix V,
which must be met before formal EPA review of the submittals for
approvability in accordance with applicable CAA requirements.
II. What is the background for the EPA's proposed action?
On June 12, 2015, pursuant to CAA section 110(k)(5), the EPA
published the final SSM SIP Action finding that certain SIP provisions
in thirty-six states were substantially inadequate to meet CAA
requirements and called on those states to submit SIP revisions to
address those inadequacies. 80 FR 33839. As required by the CAA, the
EPA established a reasonable deadline (not to exceed 18 months) by
which the affected states must submit such SIP revisions. In accordance
with the SSM SIP Action, states were required to submit corrective
revisions to their SIPs by November 22, 2016. The EPA's reasoning,
legal authority, and responsibility under the CAA for issuing the SIP
call to Arizona can be found in the SSM SIP Action.
In the SSM SIP Action, the EPA determined that two provisions in
ADEQ Rule R18-2-310, which provide affirmative defenses for excess
emissions during malfunctions (AAC Sec. R18-2-310(B)) and for excess
emissions during startup or shutdown (AAC Sec. R18-2-310(C)) were
substantially inadequate to meet CAA requirements. Specifically, AAC
Sec. R18-2-310(B) and AAC Sec. R18-2-310(C) contain affirmative
defense provisions that operate to alter or affect the jurisdiction of
federal courts in the event of an enforcement action, contrary to the
enforcement structure of the CAA in section 113 and section 304. 80 FR
33971 (June 12, 2015).
In the SSM SIP Action, the EPA also determined that comparable
provisions in the MCAQD portion of the SIP were substantially
inadequate. MCAQD Regulations provided affirmative defenses for excess
emissions during malfunctions (MCAQD Regulation 3, Rule 140, Sec. 401)
and for excess emissions during startup or shutdown (MCAQD Regulation
3, Rule 140, Sec. 402). These provisions in MCAQD Rule 140 are similar
to the affirmative defense provisions in ADEQ R18-2-310. The EPA
concluded that these MCAQD provisions operate to alter or affect the
jurisdiction of federal courts in the event of an enforcement action,
contrary to the enforcement structure of the CAA in section 113 and
section 304. See 80 FR 33972 (June 12, 2015).
On November 17 and 18, 2016, ADEQ made timely submittals in
response to the SSM SIP Action. As noted above, the EPA found these
submittals complete on December 15 and 16, 2016. In the submittals,
ADEQ is requesting that EPA revise the Arizona SIP by removal of AAC
R18-2-310 and MCAQD Rule 140 in their entirety, thereby removing the
affirmative defense provisions from the Arizona SIP. This approach is
consistent with the EPA's interpretation of CAA requirements for SIP
provisions.
III. Why is the EPA proposing this action?
In the SSM SIP Action, the EPA made a finding of substantial
inadequacy and issued a SIP call with respect to ADEQ AAC Sec. Sec.
R18-2-310(B) and R18-2-310(C) and MCAQD Rule 140 Sec. Sec. 401 and
402, and issued a SIP call with respect to these provisions pursuant to
CAA section 110(k)(5). In response, ADEQ made SIP submittals requesting
the EPA to remove AAC R18-2-310 and MCAQD Rule 140 from the Arizona SIP
in their entirety. Affirmative defense provisions like these are
inconsistent with CAA requirements and removal of these provisions
would strengthen the SIP. Today's action, if finalized, would remove
the affirmative defense provisions from the ADEQ and MCAQD portions of
the EPA-approved SIP for Arizona. The EPA is proposing to find that
these revisions are consistent with CAA requirements and that they
adequately address the specific SIP deficiencies that the EPA
identified in the SSM SIP Action with respect to the ADEQ and MCAQD
portions of the Arizona SIP.
[[Page 13086]]
IV. Proposed Action
The EPA is proposing to approve the Arizona SIP revisions removing
ADEQ R18-2-310 and MCAQD Rule 140 from the ADEQ and MCAQD portions of
the Arizona SIP. The EPA is proposing approval of the SIP revisions
because the Agency has determined that they are in accordance with the
requirements for SIP provisions under the CAA. The EPA is not reopening
the SSM SIP Action in this action and is only taking comment on whether
this SIP revision is consistent with CAA requirements and whether it
addresses the identified substantial inadequacy in the specific Arizona
SIP provisions identified in the SSM SIP Action.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve
SIP submissions that comply 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, the 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
requests as meeting federal requirements and does 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, Carbon monoxide,
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: January 18, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-04683 Filed 3-8-17; 8:45 am]
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