[Federal Register Volume 81, Number 97 (Thursday, May 19, 2016)]
[Rules and Regulations]
[Pages 31513-31515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11744]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2015-0793; FRL-9946-58-Region 9]
Partial Approval and Partial Disapproval of Air Quality State
Implementation Plans; Arizona; Infrastructure Requirements To Address
Interstate Transport for the 2008 Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving in part
and disapproving in part State Implementation Plan (SIP) revisions
submitted by the Arizona Department of Environmental Quality to address
the interstate transport requirements of Clean Air Act (CAA or Act)
section 110(a)(2)(D)(i) with respect to the 2008 ozone national ambient
air quality standard (NAAQS). We are approving the portion of the
Arizona SIP pertaining to significant contribution to nonattainment or
interference with maintenance in another state and disapproving the
portion of Arizona's SIP pertaining to interstate transport visibility
requirements. Where EPA is disapproving a portion of the Arizona SIP
revision, the deficiencies have already been addressed by a federal
implementation plan (FIP).
DATES: This final rule is effective on June 20, 2016.
ADDRESSES: EPA has established docket number EPA-R09-OAR-2015-0793 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: Tom Kelly, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, (415) 972-3856,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to EPA.
Table of Contents
I. Background
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
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I. Background
CAA sections 110(a)(1) and (2) require states to address basic SIP
requirements to implement, maintain and enforce the NAAQS no later than
three years after the promulgation of a new or revised standard.
Section 110(a)(2) outlines the specific requirements that each state is
required to address in this SIP submission that collectively constitute
the ``infrastructure'' of a state's air quality management program. SIP
submittals that address these requirements are referred to as
``infrastructure SIPs'' (I-SIP). In particular, CAA section
110(a)(2)(D)(i)(I) requires that each SIP for a new or revised NAAQS
contain adequate provisions to prohibit any source or other type of
emissions activity within the state from emitting air pollutants that
will ``contribute significantly to nonattainment'' (prong 1) or
``interfere with maintenance'' (prong 2) of the applicable air quality
standard in any other state. CAA section 110(a)(2)(D)(i)(II) requires
SIP provisions that prevent interference with measures required to be
included in the applicable implementation plan for any other State
under part C to prevent significant deterioration of air quality (prong
3) or to protect visibility (prong 4). This action addresses the
section 110(a)(2)(D)(i) requirements of prongs 1, 2 and 4 with respect
to Arizona's I-SIP submissions.
On March 27, 2008, EPA issued a revised NAAQS for ozone.\1\ This
action triggered a requirement for states to submit an I-SIP to address
the applicable requirements of section 110(a)(2) within three years of
issuance of the revised NAAQS. On December 27, 2012, the Arizona
Department of Environmental Quality (ADEQ) submitted its 2008 ozone
NAAQS I-SIP. On December 3, 2015, ADEQ submitted a supplement to the
2012 submittal further addressing 110(a)(2)(D)(i) prongs 1, 2, and
4.\2\
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\1\ National Ambient Air Quality Standards for Ozone; Final
Rule, 73 FR 16436 (March 27, 2008).
\2\ ``Arizona State Implementation Plan Revisions for 2008 Ozone
and 2010 Nitrogen Dioxide Under Clean Air Act Section 110(a)(2)(D) .
. .'' Signed December 3, 2015. Also see email from Heidi Haggerty of
ADEQ: AZ 2015 Ozone Transport I-SIP Submittal Clarification. Sent
December 9, 2015.
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On July 14, 2015, EPA partially approved and partially disapproved
Arizona's 2012 submittal for the 2008 ozone NAAQS for the I-SIP
elements C, D, J, and K. EPA partially approved and partially
disapproved the submittal for purposes of 110(a)(2)(D)(i)(II) prong 3
and partially approved and partially disapproved the submittal for
purposes of 110(a)(2)(D)(ii) (relating to CAA sections 115 and 126).\3\
We subsequently took action on I-SIP elements A, B, E-H, L, and M for
the 2008 ozone NAAQS on August 10, 2015.\4\ We also stated our
intention to propose action on the I-SIP submittal for the 2008 ozone
NAAQS 110(a)(2)(D)(i) prongs 1, 2, and 4 in an additional action.\5\
Additionally, pursuant to a judgment issued by the Northern District of
California in Sierra Club vs. McCarthy, EPA must take final action on
110(a)(2)(D) prongs 1, 2, and 4 of Arizona's December 2012 SIP revision
by June 7, 2016.\6\
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\3\ Partial Approval and Partial Disapproval of Air Quality
State Implementation Plans; Arizona; Infrastructure Requirements for
Lead and Ozone. 80 FR 40905 (July 14, 2015).
\4\ Approval and Promulgation of State Implementation Plans;
Arizona; Infrastructure Requirements for the 2008 Lead (Pb) and the
2008 8-Hour Ozone National Ambient Air Quality Standards (NAAQS). 80
FR 47859 (August 10, 2015).
\5\ Id.
\6\ Judgment, Sierra Club v. McCarthy, Case 4:14-cv-05091-YGR
(N.D. Cal. May 15, 2015).
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On March 22, 2016, EPA proposed to approve in part, and disapprove
in part, the 2012 and 2015 SIP revisions addressing the infrastructure
requirements of CAA section 110(a)(2)(D)(i) for the 2008 ozone
NAAQS.\7\ The rationale supporting EPA's actions is explained in our
proposal notice and the associated TSD and will not be restated here.
The proposed rule and TSD are available online at http://www.regulations.gov, Docket ID number EPA-R09-OAR-2015-0793.
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\7\ Partial Approval and Partial Disapproval of Air Quality
State Implementation Plans; Arizona; Infrastructure Requirements to
Address Interstate Transport for the 2008 Ozone NAAQS. 81 FR 1520.
(March 22, 2016).
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II. Public Comments
EPA received no comments on the proposed action during the public
comment period.
III. Final Action
Under CAA section 110(k)(3), and based on the evaluation and
rationale presented in the proposed rule, the related TSD, and this
final rule, EPA is approving in part and disapproving in part Arizona
SIP revisions addressing the interstate transport requirements of CAA
section 110(a)(2)(D) with respect to the 2008 ozone NAAQS.
EPA is approving Arizona's SIP as meeting the interstate transport
requirements of CAA section 110(a)(2)(D)(i)(I) prongs 1 and 2 for the
2008 ozone NAAQS. EPA is disapproving Arizona's SIP with respect to the
interstate transport requirements of CAA section 110(a)(2)(D)(i)(II)
prong 4 for the 2008 ozone NAAQS. However, because EPA has issued
Regional Haze FIPs addressing visibility requirements in Arizona, no
additional FIP obligation is triggered by the disapproval of this
portion of Arizona's infrastructure SIP. EPA will continue to work with
Arizona to incorporate emission limits to address the requirements of
the Regional Haze Rule into the state SIP.
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, will
result from this action.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
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F. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because 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, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not impose additional
requirements beyond those imposed by state law.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population
The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
L. Petitions for Judicial Review
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 July 18, 2016. 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, Approval and
promulgation of implementation plans, Incorporation by reference,
Oxides of nitrogen, Ozone, and Volatile organic compounds.
Dated: May 6, 2016.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2016-11744 Filed 5-18-16; 8:45 am]
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