81 FR 31513 - Partial Approval and Partial Disapproval of Air Quality State Implementation Plans; Arizona; Infrastructure Requirements To Address Interstate Transport for the 2008 Ozone NAAQS
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 97 (May 19, 2016)
Federal Register Volume 81, Issue 97 (May 19, 2016)
| Page Range | 31513-31515 | |
| FR Document | 2016-11744 |
[Federal Register Volume 81, Number 97 (Thursday, May 19, 2016)] [Rules and Regulations] [Pages 31513-31515] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-11744] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 [[Page 31514]] 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\ --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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. [[Page 31515]] 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] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations 31513
EPA-APPROVED ALASKA REGULATIONS AND STATUTES
State effective
State citation Title/subject EPA approval date Explanations
date
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)
* * * * * * *
18 AAC 50.010 .......... Ambient Air Quality Standards ... 4/17/15 5/19/16, [Insert Federal Reg- except (7) and (8).
ister citation].
18 AAC 50.015 .......... Air Quality Designations, Classi- 4/17/15 5/19/16, [Insert Federal Reg-
fications, and Control Regions. ister citation].
18 AAC 50.020 .......... Baseline Dates and Maximum 4/17/15 5/19/16, [Insert Federal Reg-
Allowable Increases. ister citation].
* * * * * * *
18 AAC 50.035 .......... Documents, Procedures and 4/17/15 5/19/16, [Insert Federal Reg- except (a)(6) and (b)(4).
Methods Adopted by Ref- ister citation].
erence.
18 AAC 50.040 .......... Federal Standards Adopted by 4/17/15; 5/19/16, [Insert Federal Reg- except (a), (b), (c), (d), (e), (g),
Reference. 11/9/14 ister citation]; 1/7/15, 80 FR (j), and (k).
832.
* * * * * * *
18 AAC 50.215 .......... Ambient Air Quality Analysis 4/17/15 5/19/16, [Insert Federal Reg- except (a)(4).
Methods. ister citation].
* * * * * * *
* * * * * ENVIRONMENTAL PROTECTION already been addressed by a federal
AGENCY implementation plan (FIP).
■ 3. Section 52.96 is amended by
DATES: This final rule is effective on
revising paragraph (a) to read as follows: 40 CFR Part 52 June 20, 2016.
§ 52.96 Significant deterioration of air ADDRESSES: EPA has established docket
quality. [EPA–R09–OAR–2015–0793; FRL–9946–58– number EPA–R09–OAR–2015–0793 for
Region 9] this action. Generally, documents in the
(a) The State of Alaska Department of
docket for this action are available
Environmental Conservation Air Quality Partial Approval and Partial electronically at http://
Control Regulations are approved as Disapproval of Air Quality State www.regulations.gov or in hard copy at
meeting the requirements of 40 CFR Implementation Plans; Arizona; EPA Region IX, 75 Hawthorne Street,
51.166 and part C for preventing Infrastructure Requirements To San Francisco, California 94105–3901.
significant deterioration of air quality. Address Interstate Transport for the While all documents in the docket are
The specific provisions approved are: 18 2008 Ozone NAAQS listed at http://www.regulations.gov,
AAC 50.010 except (7) and (8); 18 AAC some information may be publicly
50.015; 18 AAC 50.020; 18 AAC AGENCY: Environmental Protection
available only at the hard copy location
Agency (EPA).
50.035(a)(4), (a)(5), and (b)(1); 18 AAC (e.g., copyrighted material, large maps,
50.040(h); and 18 AAC 50.215 except ACTION: Final rule. multi-volume reports), and some may
(a)(4) as in effect on April 17, 2015; 18 not be available in either location (e.g.,
AAC 50.990 as in effect on November 9, SUMMARY: The Environmental Protection confidential business information
2014; 18 AAC 50.306 as in effect on Agency (EPA) is approving in part and (CBI)). To inspect the hard copy
January 4, 2013; 18 AAC 50.345 except disapproving in part State materials, please schedule an
(b), (c)(3), and (l) as in effect on Implementation Plan (SIP) revisions appointment during normal business
submitted by the Arizona Department of hours with the contact listed in the FOR
September 14, 2012; and 18 AAC 50.250
Environmental Quality to address the FURTHER INFORMATION CONTACT section.
as in effect on October 1, 2004.
interstate transport requirements of FOR FURTHER INFORMATION CONTACT: Tom
* * * * * Clean Air Act (CAA or Act) section Kelly, Air Planning Office (AIR–2), U.S.
[FR Doc. 2016–11626 Filed 5–18–16; 8:45 am] 110(a)(2)(D)(i) with respect to the 2008 Environmental Protection Agency,
BILLING CODE 6560–50–P ozone national ambient air quality Region IX, (415) 972–3856,
standard (NAAQS). We are approving kelly.thomasp@epa.gov.
the portion of the Arizona SIP
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK3SPTVN1PROD with RULES
pertaining to significant contribution to
Throughout this document, the terms
nonattainment or interference with
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
maintenance in another state and
disapproving the portion of Arizona’s Table of Contents
SIP pertaining to interstate transport I. Background
visibility requirements. Where EPA is II. Public Comments
disapproving a portion of the Arizona III. Final Action
SIP revision, the deficiencies have IV. Statutory and Executive Order Reviews
VerDate Sep<11>2014 18:09 May 18, 2016 Jkt 238001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\19MYR1.SGM 19MYR1](https://thefederalregister.org/doc/81_FR_31610/page/1.svg)
![Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations 31515
F. Executive Order 13175: Coordination L. Petitions for Judicial Review DATES: This rule is effective on August
With Indian Tribal Governments Under section 307(b)(1) of the Clean 17, 2016 without further notice, unless
Air Act, petitions for judicial review of the EPA receives adverse comment by
This action does not have tribal
this action must be filed in the United July 5, 2016. If the EPA receives adverse
implications, as specified in Executive
States Court of Appeals for the comment, we will publish a timely
Order 13175, because the SIP is not
appropriate circuit by July 18, 2016. withdrawal in the Federal Register
approved to apply on any Indian
Filing a petition for reconsideration by informing the public that the rule will
reservation land or in any other area
the Administrator of this final rule does not take effect.
where the EPA or an Indian tribe has
demonstrated that a tribe has not affect the finality of this rule for the ADDRESSES: Submit your comments,
jurisdiction, and will not impose purposes of judicial review nor does it identified by Docket ID No. EPA–HQ–
substantial direct costs on tribal extend the time within which a petition OAR–2013–0696, at http://
governments or preempt tribal law. for judicial review may be filed, and www.regulations.gov. Follow the online
Thus, Executive Order 13175 does not shall not postpone the effectiveness of instructions for submitting comments.
apply to this action. such rule or action. This action may not Once submitted, comments cannot be
be challenged later in proceedings to edited or removed from Regulations.gov.
G. Executive Order 13045: Protection of enforce its requirements (see section The EPA may publish any comment
Children From Environmental Health 307(b)(2)). received to its public docket. Do not
Risks and Safety Risks submit electronically any information
List of Subjects in 40 CFR Part 52 you consider to be Confidential
The EPA interprets Executive Order
13045 as applying only to those Environmental protection, Air Business Information (CBI) or other
regulatory actions that concern pollution control, Approval and information whose disclosure is
environmental health or safety risks that promulgation of implementation plans, restricted by statute. Multimedia
the EPA has reason to believe may Incorporation by reference, Oxides of submissions (audio, video, etc.) must be
disproportionately affect children, per nitrogen, Ozone, and Volatile organic accompanied by a written comment.
the definition of ‘‘covered regulatory compounds. The written comment is considered the
action’’ in section 2–202 of the Dated: May 6, 2016.
official comment and should include
Executive Order. This action is not discussion of all points you wish to
Deborah Jordan,
subject to Executive Order 13045 make. The EPA will generally not
Acting Regional Administrator, Region IX. consider comments or comment
because it does not impose additional
[FR Doc. 2016–11744 Filed 5–18–16; 8:45 am] contents located outside of the primary
requirements beyond those imposed by
state law. BILLING CODE 6560–50–P submission (i.e., on the Web, Cloud, or
other file sharing system). For
H. Executive Order 13211: Actions That additional submission methods, the full
Significantly Affect Energy Supply, ENVIRONMENTAL PROTECTION EPA public comment policy,
Distribution, or Use AGENCY information about CBI or multimedia
This action is not subject to Executive 40 CFR Part 60 submissions, and general guidance on
Order 13211, because it is not a making effective comments, please visit
significant regulatory action under [EPA–HQ–OAR–2013–0696; FRL–9944–26– http://www2.epa.gov/dockets/
Executive Order 12866. OAR] commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Ms.
I. National Technology Transfer and RIN 2060–AS86
Advancement Act (NTTAA) Candace Sorrell, U.S. EPA, Office of Air
Technical Amendments to Quality Planning and Standards, Air
Section 12(d) of the NTTAA directs Performance Specification 18 and Quality Assessment Division,
the EPA to use voluntary consensus Procedure 6 Measurement Technology Group (Mail
standards in its regulatory activities Code: E143–02), Research Triangle Park,
unless to do so would be inconsistent AGENCY: Environmental Protection NC 27711; telephone number: (919)
with applicable law or otherwise Agency (EPA). 541–1064; fax number: (919) 541–0516;
impractical. The EPA believes that this ACTION: Direct final rule. email address: sorrell.candace@epa.gov.
action is not subject to the requirements SUPPLEMENTARY INFORMATION: The
of section 12(d) of the NTTAA because SUMMARY: The Environmental Protection information presented in this rule is
application of those requirements would Agency (EPA) is taking direct final organized as follows:
be inconsistent with the CAA. action to make several minor technical
amendments to the performance I. General Information
J. Executive Order 12898: Federal specifications and test procedures for A. Why is the EPA using a direct final rule?
Actions To Address Environmental B. Does this action apply to me?
hydrogen chloride (HCl) continuous C. What should I consider as I prepare my
Justice in Minority Populations and emission monitoring systems (CEMS).
Low-Income Population comments for the EPA?
This direct final rule also makes several D. Where can I obtain a copy of this
The EPA lacks the discretionary minor amendments to the quality document?
authority to address environmental assurance (QA) procedures for HCl E. Judicial Review
justice in this rulemaking. CEMS used for compliance II. This Action
asabaliauskas on DSK3SPTVN1PROD with RULES
determination at stationary sources. The III. Statutory and Executive Order Reviews
K. Congressional Review Act (CRA) A. Executive Order 12866: Regulatory
performance specification (Performance
This action is subject to the CRA, and Specification 18) and the QA Planning and Review and Executive
Order 13563: Improving Regulation and
the EPA will submit a rule report to procedures (Procedure 6) were Regulatory Review
each House of the Congress and to the published in the Federal Register on B. Paperwork Reduction Act (PRA)
Comptroller General of the United July 7, 2015. These amendments make C. Regulatory Flexibility Act (RFA)
States. This action is not a ‘‘major rule’’ several minor corrections and clarify D. Unfunded Mandates Reform Act
as defined by 5 U.S.C. 804(2). several aspects of these regulations. (UMRA)
VerDate Sep<11>2014 16:37 May 18, 2016 Jkt 238001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\19MYR1.SGM 19MYR1](https://thefederalregister.org/doc/81_FR_31610/page/3.svg)
Document Created: 2018-02-07 15:01:34
Document Modified: 2018-02-07 15:01:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on June 20, 2016. | |
| Contact | Tom Kelly, Air Planning Office (AIR- 2), U.S. Environmental Protection Agency, Region IX, (415) 972-3856, [email protected] | |
| FR Citation | 81 FR 31513 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Approval and Promulgation of Implementation Plans; Incorporation by Reference; Oxides of Nitrogen; Ozone and Volatile Organic Compounds |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR