2013-28244. Revisions to the Arizona State Implementation Plan, Maricopa County Area

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule.

SUMMARY:

EPA is finalizing approval of revisions to the Maricopa County Area portion of the Arizona State Implementation Plan (SIP). This action was proposed in the Federal Register on April 19, 2013 and concerns particulate matter (PM) emissions from fugitive dust sources. We are approving local statutes that regulate these emission sources under the Clean Air Act (CAA or the Act).

DATES:

This final rule is effective on January 2, 2014.

ADDRESSES:

EPA has established docket number EPA-R09-OAR-2013-0194 for this action. Generally, documents in the docket for this action are available electronically at http://www.regulations.gov or in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901. While all documents in the docket are listed at http://www.regulations.gov,, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps, multi-volume reports), and some may not be available in either location (e.g., confidential business information (CBI)). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT:

Christine Vineyard, EPA Region IX, [phone], [e-mail].

SUPPLEMENTARY INFORMATION:

Throughout this document, “we,” “us” and “our” refer to EPA.

Table of Contents

I. Proposed Action

II. Public Comments and EPA Responses

III. EPA Action

IV. Statutory and Executive Order Reviews

I. Proposed Action

On April 19, 2013 (78 FR 23527), EPA proposed to approve the following statutes into the Arizona SIP.

Local agency	Statute No.	Rule title	Adopted	Submitted
ADEQ	9-500.04	Air Quality Control; Definitions	07/02/07	05/25/12
ADEQ	11-877	Air Quality Control Measures	07/02/07	05/25/12
ADEQ	49-457.01	Leaf Blower Use Restrictions and Training; Leaf Blowers Equipment Sellers; Informational Material; Outreach; Applicability	07/02/07	05/25/12
ADEQ	49-474.01	Additional Board Duties in Vehicle Emissions Control Areas; Definitions	07/02/07	05/25/12
ADEQ	49-474.05	Dust Control; Training; Site Coordinators	07/02/07	05/25/12
ADEQ	49-474.06	Dust Control Subcontractor Registration; Fee	07/02/07	05/25/12

We proposed to approve these statutes because we determined that they complied with the relevant CAA requirements. Our proposed action contains more information on the statutes and our evaluation.

II. Public Comments and EPA Responses

EPA's proposed action provided a 30-day public comment period. During this period, we received one set of comments which were submitted anonymously to the docket for this action at www.regulations.gov. These comments clearly support our April 2013 proposed approval, but also present several concerns regarding Arizona's efforts to reduce PM₁₀ pollution. Specifically, the comments recommend stronger control of emissions from leaf blowers, expanding leaf blowers requirements beyond county employees, control of leaf blowers in vacuum mode, control of leaf blowers on permitted sites, and greater efforts to control coccidioidomycosis. These are all constructive comments that could help reduce the harmful effects of pollution in Arizona. However, we have no authority to require such regulatory improvements as part of today's action on the submitted Arizona statues.

III. EPA Action

No comments were submitted that change our assessment of the statutes as described in our proposed action. Therefore, as authorized in section 110(k)(3) of the Act, EPA is fully approving these statutes into the Arizona SIP.

IV. Statutory and Executive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve State choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action:

• Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);
• does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
• is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
• does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
• does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);
• is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);
• is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and
• does not provide EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 3, 2014. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

• Environmental protection
• Air pollution control
• Incorporation by reference
• Intergovernmental relations
• Particulate matter
• Reporting and recordkeeping requirements
• Volatile organic compounds

Dated: June 28, 2013.

Alexis Strauss,

Acting Regional Administrator, Region IX.

Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows:

PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

1. The authority citation for Part 52 continues to read as follows:

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

Subpart D—Arizona

2. Section 52.120, is amended by adding paragraphs (c)(157)(i)(A)( 3) through (5) to read as follows:

§ 52.120

Identification of plan.

* * * * *

(c) * * *

(157) * * *

(i) * * *

(A) * * *

(3) Arizona Revised Statutes (Thomson/West, 2008): Title 9 (cities and towns), chapter 4 (general powers), article 8 (miscellaneous), section 9-500.04 (“Air quality control; definitions”), excluding paragraphs A.1, A.2, A.4, and A.10; paragraphs B through G; and paragraph I.

(4) Arizona Revised Statutes (West, 2012): Title 11 (counties), chapter 6 (county planning and zoning), article 6 (air quality), section 11-877 (“Air quality control measures”).

(5) Arizona Revised Statutes (Thomson/West, 2005 main volume, 2012 Cumulative Pocket Part):

(i) Title 49 (the environment), chapter 3 (air quality), article 2 (state air pollution control), section 49-457.01 (“Leaf blower use restrictions and training; leaf blowers equipment sellers; informational material; outreach; applicability”); and

(ii) Title 49 (the environment), chapter 3 (air quality), article 3 (county air pollution control), sections 49-474.01 (“Additional board duties in vehicle emissions control areas; definitions”), excluding paragraphs A.1 through A.3, A.9, A.10, paragraphs C through G, and paragraph I; 49-474.05 (“Dust control; training; site coordinators”); and 49-474.06 (“Dust control; subcontractor registration; fee”).

* * * * *