[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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