2010-7737. Revisions to the Arizona State Implementation Plan; Pinal County

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule.

SUMMARY:

EPA is finalizing approval of revisions to the Pinal County portion of the Arizona State Implementation Plan (SIP). These revisions were proposed in the Federal Register on August 17, 2009 and concern particulate matter (PM) emissions from construction, earthmoving, and related activities, and commercial and residential unpaved parking lots. We are approving these local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

DATES:

Effective Date: This rule is effective on May 6, 2010.

ADDRESSES:

EPA has established docket number EPA-R09-OAR-2009-0521 for this action. The index to the docket is available electronically at http://www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT:

Jerry Wamsley, EPA Region IX, [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 August 17, 2009 (74 FR 41357), EPA proposed to approve into the Arizona SIP the rules listed below.

Local agency	Rule No.	Rule title	Adopted	Submitted
Pinal County	2-8-302	Performance Standards—Hayden PM10 Non-attainment Area	01/07/09	06/12/09
	4-2-020	Fugitive Dust—General	12/04/02	06/12/09
	4-2-030	Fugitive Dust—Definitions	12/04/02	06/12/09
	4-4	PM-10 Non-attainment Area Rules; Dustproofing and Stabilization for Commercial Unpaved Parking, Drive and Working Yards	06/03/09	06/12/09
	4-5	PM-10 Non-attainment Area Rules; Stabilization for Residential Parking and Drives	06/03/09	06/12/09
	4-7	Construction Sites in Non-Attainment Areas—Fugitive Dust	06/03/09	06/12/09
	4-9	Test Methods	06/03/09	06/12/09

We proposed to approve these rules because we determined that they complied with the relevant CAA requirements. Our proposed action contains more information on the rules 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 inquiry as to how to obtain the Technical Support Document and other electronic files related to the rulemaking. We received no other comments.

III. EPA Action

No comments were submitted that change our assessment that the submitted rules comply with the relevant CAA requirements. Therefore, as authorized in section 110(k)(3) of the Act, EPA is fully approving these rules into the Arizona SIP.

Also, on August 17, 2009, we published an Interim Final Determination staying and deferring CAA section 179 sanctions for Pinal County pending our final action on the rules listed above (see 74 FR 41340). With this final approval action, we find that these rules correct the deficiencies we described in our August 1, 2007 limited disapproval action (see 72 FR 41896). Consequently, all section 179 sanctions and our Federal Implementation Plan obligations under CAA section 110(c) following from our August 1, 2007 limited disapproval are terminated upon the effective date of this final rule action.

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, 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, 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 June 7, 2010. 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

Dated: November 24, 2009.

Laura Yoshii,

Acting Regional Administrator, Region IX.

Editorial Note:

This document was received in the Office of the Federal Register on April 1, 2010.

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

PART 52—[AMENDED]

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

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

Subpart D—Arizona

2. Section 52.120 is amended by adding paragraph (c)(145) to read as follows:

§ 52.120

Identification of plan.

* * * * *

(c) * * *

(145) New and amended regulations were submitted on June 12, 2009 by the Governor's designee.

(i) Incorporation by Reference.

(A) Pinal County Air Quality Control District.

(1) Rule 2-8-302, “Performance Standards—Hayden PM-10 Non-attainment Area,” adopted on January 7, 2009.

(i) Pinal County Board of Supervisors, Resolution No. 010709-AQ3, Pinal County Air Quality Control District, “A Resolution of the Board of Supervisors of Pinal County, Adopting Certain Revisions to the Pinal County Air Quality Control District Rules, adopted January 7, 2009; to Wit: Rule 2-8-302 (Performance Standards—Hayden PM10 Nonattainment Area). Rule 4-2-020, “Fugitive Dust—General,” amended on December 4, 2002. Rule 4-2-030, “Fugitive Dust—Definitions,” amended on December 4, 2002. Chapter 4, Article 4, “PM-10 Non-attainment Area Rules; Dustproofing and Stabilization for Commercial Unpaved Parking, Drive and Working Yards”; Section 4-4-100, “General Provisions,” amended on June 3, 2009; Section 4-4-110, “Definitions,” amended on June 3, 2009; Section 4-4-120, “Objective Standards,” amended on June 3, 2009; Section 4-4-130, “Work Practice Standards,” adopted on June 3, 2009; Section 4-4-140, “Recordkeeping and Records Retention,” adopted on June 3, 2009. Chapter 4, Article 5, “PM-10 Non-attainment Area Rules; Stabilization for Residential Parking and Drives”; Section 4-5-150, “Stabilization for Residential Parking and Drives; Applicability,” amended on June 3, 2009; Section 4-5-160, “Residential Parking Control Requirement,” amended on June 3, 2009; Section 4-5-170, “Deferred enforcement date,” amended on June 3, 2009. Chapter 4, Article 7, “Construction Sites in Non-Attainment Areas—Fugitive Dust”; Section 4-7-210, “Definitions,” adopted on June 3, 2009; Section 4-7-214, “General Provisions,” adopted on June 3, 2009; Section 4-7-218, “Applicability; Development Activity,” adopted on June 3, 2009; Section 4-7-222, “Owner and/or Operator Liability,” adopted on June 3, 2009; Section 4-7-226, “Objective Standards; Sites,” adopted on June 3, 2009; Section 4-7-230, “Obligatory Work Practice Standards; Sites,” adopted on June 3, 2009; Section 4-7-234, “Nonattainment-Area Dust Permit Program; General Provisions,” adopted on June 3, 2009; Section 4-7-238, “Nonattainment Area Site Permits,” adopted on June 3, 2009; Section 4-7-242, “Nonattainment Area Block Permits,” adopted on June 3, 2009; Section 4-7-246, “Recordkeeping and Records Retention,” adopted on June 3, 2009. Chapter 4, Article 9, “Test Methods”; Section 4-9-320, “Test Methods for Stabilization For Unpaved Roads and Unpaved Parking Lots,” adopted on June 3, 2009; Section 4-9-340, “Visual Opacity Test Methods,” adopted on June 3, 2009.

* * * * *