[Federal Register Volume 74, Number 243 (Monday, December 21, 2009)]
[Rules and Regulations]
[Pages 67819-67821]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30134]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2008-0379; FRL-8982-4]
Approval and Promulgation of Maintenance Plan for Carbon
Monoxide; State of Arizona; Tucson Air Planning Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: Pursuant to the Clean Air Act, EPA is approving two revisions
to the Arizona State Implementation Plan. These revisions include the
2008 Revision to the Carbon Monoxide Limited Maintenance Plan for the
Tucson Air Planning Area, submitted on July 10, 2008, and a statutory
provision, submitted on June 22, 2009, that extends the life of the
State's vehicle emissions inspection program through the end of 2016.
EPA is taking this action pursuant to those provisions of the Clean Air
Act that obligate the Agency to take action on submittals of revisions
to state implementation plans. The effect of this action is to make
certain commitments related to maintenance of the carbon monoxide
standard in the Tucson Air Planning Area Federally enforceable as part
of the Arizona State Implementation Plan.
DATES: Effective Date: This rule is effective on January 20, 2010.
ADDRESSES: EPA has established docket number EPA-R09-OAR-2008-0379 for
this action. The index to the docket is
[[Page 67820]]
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: Marty Robin, Air Planning Office (AIR-
2), EPA Region IX, (415) 972-3961, robin.marty@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. Proposed Action
II. Public Comment
III. Final Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On August 5, 2009 (74 FR 39007), EPA proposed to approve, under the
Clean Air Act (CAA or ``Act''), two revisions to the Arizona State
Implementation Plan (SIP) submitted by the Arizona Department of
Environmental Quality (ADEQ). First, we proposed to approve the 2008
Revision to the Carbon Monoxide Limited Maintenance Plan for the Tucson
Air Planning Area (for 2010) (``2008 CO Maintenance Plan''), submitted
by ADEQ on July 10, 2008. Second, we proposed to approve a statutory
provision that was submitted by ADEQ on June 22, 2009 that extends the
life of the State's vehicle emissions inspection (VEI) program through
the end of 2016.
We proposed approval of the 2008 CO Maintenance Plan because we
concluded that it includes an acceptable update of the various elements
of the initial EPA-approved 1996 CO Maintenance Plan for the Tucson Air
Planning Area (TAPA) (including emissions inventory, assurance of
adequate monitoring and verification of continued attainment, and
contingency provisions), and essentially carries forward all of the
control measures and contingency provisions relied upon in the earlier
plan.
We also concluded that the TAPA, a former nonclassifiable CO
nonattainment area, continues to qualify for the Limited Maintenance
Plan (LMP) option and that therefore the 2008 CO Maintenance Plan
adequately demonstrates maintenance of the CO NAAQS through
documentation of monitoring data showing maximum CO levels less than
85% of the NAAQS and continuation of existing control measures. We
believed the 2008 CO Maintenance Plan to be sufficient to provide for
maintenance of the CO NAAQS in the TAPA over the second 10-year
maintenance period and to thereby satisfy the requirements for such a
plan under CAA section 175A(b). Based on our finding that the 2008 CO
Maintenance Plan qualifies as an LMP, we proposed to approve the 2008
CO Maintenance Plan for transportation conformity purposes.
In connection with the 2008 CO Maintenance Plan, we proposed to
approve a statutory provision, Arizona Revised Statutes (ARS) section
41-3017.01, that extends the life of the State's VEI program
(applicable to the TAPA and Phoenix metropolitan areas) until the end
of 2016, and that was submitted to EPA as a revision to the Arizona SIP
on June 22, 2009, based on our expectation that the Arizona Legislature
will extend the VEI program beyond 2016. The VEI program is one of the
control measures relied upon by the 2008 CO Maintenance Plan.
Please refer to our August 5, 2009 proposed rule for more
information on our evaluation and decision.
II. Public Comment
EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. Final Action
Under sections 110(k) and 175A of the CAA and for the reasons set
forth above and in our proposed rule, EPA is approving two revisions of
the Arizona SIP submitted by ADEQ. The first, submitted on July 10,
2008, includes the 2008 CO Maintenance Plan for the Tucson Air Planning
Area, and the second, submitted on June 22, 2009, includes a statutory
provision (ARS section 41-3017.01) extending the life of the VEI
program through the end of 2016. Our approval makes the commitments in
the maintenance plan, such as the commitment to continue to maintain a
monitoring network in accordance with EPA requirements and to implement
the contingency provisions, federally enforceable.
We are also approving the 2008 CO Maintenance Plan as an LMP, and
under our LMP policy, such an approval means that the Pima Association
of Governments (PAG), the Federal Highway Administration, and the
Federal Transit Administration will not be required to satisfy the
regional emissions analysis for CO under 40 CFR 93.118 and/or 40 CFR
93.119 in determining conformity of transportation plans and programs
in the Tucson Air Planning Area.
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,
[[Page 67821]]
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 19, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: October 14, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart D--Arizona
0
2. Section 52.120 is amended by adding paragraphs (c)(143) and (c)(144)
to read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
(143) The 2008 Revision to the Carbon Monoxide Limited Maintenance
Plan for the Tucson Air Planning Area (for 2010), adopted by the Pima
Association of Governments on June 26, 2008, and adopted and submitted
by the Arizona Department of Environmental Quality on July 10, 2008,
excluding appendix D. (144) Appendix D (Revised) (``Letter from Arizona
Department of Environmental Quality re: Vehicle Emissions Inspection
Program (VEIP), Revised to include supporting documents authorizing the
VEIP from 2009 to 2017 (Chapter 171, Senate Bill 1531 from the 48th
Regular Session of the Arizona Legislature and Arizona Revised Statute
text A.R.S. 41-3017.01''), adopted as a Supplement to the Carbon
Monoxide Limited Maintenance Plan for the Tucson Air Planning Area (for
2010) by the Pima Association of Governments on May 28, 2009, and
adopted and submitted by the Arizona Department of Environmental
Quality on June 22, 2009.
[FR Doc. E9-30134 Filed 12-18-09; 8:45 am]
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