82 FR 20267 - Approval of Arizona Air Plan Revisions, Arizona Department of Environmental Quality and Pinal County Air Quality Control District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 82 (May 1, 2017)
Federal Register Volume 82, Issue 82 (May 1, 2017)
| Page Range | 20267-20270 | |
| FR Document | 2017-08645 |
[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)] [Rules and Regulations] [Pages 20267-20270] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-08645] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2016-0702; FRL-9961-36-Region 9] Approval of Arizona Air Plan Revisions, Arizona Department of Environmental Quality and Pinal County Air Quality Control District AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Arizona State Implementation Plan (SIP). These revisions include a state statute and certain state rules that govern air pollution sources under the Arizona Department of Environmental Quality (ADEQ) and the Pinal County Air Quality Control District (PCAQCD). These revisions concern emissions of particulate matter (PM) from construction sites, agricultural activity and other fugitive dust sources. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act). DATES: These rules will be effective on May 31, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2016-0702. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly-available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 972- 3848, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. Final Action II. Public Comments and EPA Responses III. EPA Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Final Action On January 9, 2017, 82 FR 2305, the EPA proposed to approve the following rules into the Arizona SIP: ---------------------------------------------------------------------------------------------------------------- Local agency Rule # Rule title Adopted Submitted ---------------------------------------------------------------------------------------------------------------- PCAQCD............................. Chapter 4--Article 1 Fugitive Dust............ 10/28/15 12/21/15 PCAQCD............................. Chapter 4--Article 3 Construction Sites-- 10/28/15 12/21/15 Fugitive Dust. ---------------------------------------------------------------------------------------------------------------- Arizona revised statutes (ARS) Statute # Statute title Effective date Submitted ---------------------------------------------------------------------------------------------------------------- ARS................................ Sec. 49-424....... Duties of Department..... 4/18/14 12/21/15 ---------------------------------------------------------------------------------------------------------------- Arizona administrative code (AAC) AAC # AAC title Amended/ Submitted rule number effective date ---------------------------------------------------------------------------------------------------------------- AAC................................ R18-2-210........... Attainment, 07/02/15 12/21/15 Nonattainment, and Unclassifiable Area Designations. AAC................................ R18-2-610........... Definitions for R18-2- 07/02/15 12/21/15 610.01, R18-2-610.02, and R18-2-610.03. AAC................................ R18-2-610.03........ Agricultural PM General 07/02/15 12/21/15 Permit for Crop Operations; Pinal County PM Nonattainment Area. AAC................................ R18-2-612........... Definitions for R18-2- 07/02/15 12/21/15 612.01. AAC................................ R18-2-612.01........ Agricultural PM General 07/02/15 12/21/15 Permit for Irrigation Districts; PM Nonattainment Areas Designated After June 1, 2009. AAC................................ Appendix 2.......... Test Methods and 07/02/15 12/21/15 Protocols. ---------------------------------------------------------------------------------------------------------------- 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 The EPA's proposed action provided a 30-day public comment period. We received no comments during this period. III. EPA Action No comments were submitted. Therefore, as authorized in section 110(k)(3) of the Act, the EPA is fully approving these rules into the Arizona SIP. EPA notes that R18-2-610.03, Section F, and R18-2-612.01, Section E, allow commercial farmers and irrigation districts to develop BMPs different than those in the July 2, 2015 version of the rules and to submit alternatives ``that are proven effective through on-farm demonstration trials'' to the AgBMP Committee. These provisions also state that alternative BMPs ``shall not become effective unless submitted as described in A.R.S. Sec. 49-457(L),'' and ARS Sec. 49- 457(L) in turn provides that approved alternative BMPs must be submitted to EPA as a SIP revision.\1\ EPA understands these provisions to establish the point at which alternative BMPs may take effect as a matter of state law. For alternative BMPs to take effect as a matter of federal law, the State of Arizona must submit them to EPA as a revision to the SIP, and EPA must complete a notice and comment [[Page 20268]] rulemaking process approving them as part of the SIP.\2\ --------------------------------------------------------------------------- \1\ ARS 49-457(L) provides: ``The [Ag BMP] committee may periodically reexamine, evaluate and modify best management practices. Any approved modifications shall be submitted to the United States environmental protection agency (sic) as a revision to the applicable implementation plan.'' \2\ See 42 U.S.C. 7410(i); see also, Safe Air for Everyone v. United States EPA, 488 F.3d 1088, 1097 (9th Cir. 2007) (``[A] SIP, once approved by EPA, has `the force and effect of federal law.' In accord with this general proposition, a state may not unilaterally alter the legal commitments of its SIP once EPA approves the plan.'' (Internal citations omitted)). --------------------------------------------------------------------------- IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the Arizona statute and rules, and PCAPCD rules, described in the amendments to 40 CFR part 52 set forth below. Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\3\ The EPA has made, and will continue to make, these documents available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). --------------------------------------------------------------------------- \3\ 62 FR 27968 (May 22, 1997) --------------------------------------------------------------------------- V. 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, the 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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 (Public Law 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 the 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, 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. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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. The 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 30, 2017. 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: March 29, 2017. Alexis Strauss, Acting Regional Administrator, Region IX. Chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 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. In Sec. 52.120: 0 a. In table 2 of paragraph (c): 0 i. Revise the entry for ``R18-2-210''. 0 ii. Add a second entry for ``R18-2-610'' and add entries for ``R18-2- 610.03'', ``R18-2-612'', and ``R18-2-612.01'' in numerical order. 0 iii. Revise the first entry for ``Appendix 2''. 0 b. In table 9 of paragraph (c): 0 i. Add entries for ``4-1-010'', ``4-1-015'', ``4-1-020'', ``4-1-030'', ``4-1-040'', ``4-1-045'', ``4-1-050'', ``4-1-060'', ``4-3-160'', ``4-3- 170'', ``4-3-180'', and ``4-3-190'' in numerical order. 0 c. In table 3 of paragraph (e), revise the entry ``49-424''. The additions and revisions read as follows: Sec. 52.120 Identification of plan. * * * * * (c) * * * [[Page 20269]] Table 2--EPA-Approved Arizona Regulations -------------------------------------------------------------------------------------------------------------------------------------------------------- State effective State citation Title/subject date EPA approval date Additional explanation -------------------------------------------------------------------------------------------------------------------------------------------------------- Article 2 (Ambient Air Quality Standards; Area Designations; Classifications) -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * R18-2-210....................... Attainment, July 2, 2015...... May 1, 2017, [Insert Federal Submitted on December 21, 2015. Nonattainment, and Register citation]. Unclassifiable Area Designations. * * * * * * * Article 6 (Emissions from Existing and New Nonpoint Sources) -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * R18-2-610....................... Definitions for R18-2- July 2, 2015...... May 1, 2017, [Insert Federal Submitted on December 21, 2015. 610.01, R18-2-610.02, Register citation]. and R18-2-610.03. R18-2-610.03.................... Agricultural PM General July 2, 2015...... May 1, 2017, [Insert Federal Submitted on December 21, 2015. Permit for Crop Register citation]. Operations; Pinal County PM Nonattainment Area. * * * * * * * R18-2-612....................... Definitions for R18-2- July 2, 2015...... May 1, 2017, [Insert Federal Submitted on December 21, 2015. 612.01. Register citation]. R18-2-612.01.................... Agricultural PM General July 2, 2015...... May 1, 2017, [Insert Federal Submitted on December 21, 2015. Permit for Irrigation Register citation]. Districts; PM Nonattainment Areas Designated After June 1, 2009. * * * * * * * Appendices to Title 18 (Environmental Quality), Chapter 2 (Department of Environmental Quality Air Pollution Control) -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Appendix 2...................... Test Methods and July 2, 2015...... May 1, 2017, [Insert Federal Submitted on December 21, 2015. Protocols. Register citation]. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * Table 9--EPA-Approved Pinal County Air Pollution Control Regulations -------------------------------------------------------------------------------------------------------------------------------------------------------- State effective County citation Title/subject date EPA approval date Additional explanation -------------------------------------------------------------------------------------------------------------------------------------------------------- Chapter 4. Emissions from Existing and New Non-Point Sources -------------------------------------------------------------------------------------------------------------------------------------------------------- 4-1-010......................... General Applicability... January 1, 2016... May 1, 2017, [Insert Federal Submitted on December 21, 2015 as Register citation]. ``Chapter 4, Article 1''. 4-1-015......................... Exemptions.............. January 1, 2016... May 1, 2017, [Insert Federal Submitted on December 21, 2015 as Register citation]. ``Chapter 4, Article 1''. 4-1-020......................... Definitions............. January 1, 2016... May 1, 2017, [Insert Federal Submitted on December 21, 2015 as Register citation]. ``Chapter 4, Article 1''. 4-1-030......................... Standards............... January 1, 2016... May 1, 2017, [Insert Federal Submitted on December 21, 2015 as Register citation]. ``Chapter 4, Article 1''. 4-1-040......................... Recordkeeping........... January 1, 2016... May 1, 2017, [Insert Federal Submitted on December 21, 2015 as Register citation]. ``Chapter 4, Article 1''. 4-1-045......................... Reporting Requirements.. January 1, 2016... May 1, 2017, [Insert Federal Submitted on December 21, 2015 as Register citation]. ``Chapter 4, Article 1''. 4-1-050......................... Records Retention....... January 1, 2016... May 1, 2017, [Insert Federal Submitted on December 21, 2015 as Register citation]. ``Chapter 4, Article 1''. 4-1-060......................... Violations.............. January 1, 2016... May 1, 2017, [Insert Federal Submitted on December 21, 2015 as Register citation]. ``Chapter 4, Article 1''. [[Page 20270]] * * * * * * * 4-3-160......................... General Provisions--West January 1, 2016... May 1, 2017, [Insert Federal Submitted on December 21, 2015 as Pinal PM10 Register citation]. ``Chapter 4, Article 3''. Nonattainment Area. 4-3-170......................... Definitions............. January 1, 2016... May 1, 2017, [Insert Federal Submitted on December 21, 2015 as Register citation]. ``Chapter 4, Article 3''. 4-3-180......................... Dust Generating January 1, 2016... May 1, 2017, [Insert Federal Submitted on December 21, 2015 as Operations Standards, Register citation]. ``Chapter 4, Article 3''. Application, Permit and Recordkeeping Requirements. 4-3-190......................... Violations.............. January 1, 2016... May 1, 2017, [Insert Federal Submitted on December 21, 2015 as Register citation]. ``Chapter 4, Article 3''. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * (e) * * * Table 3--EPA-Approved Arizona Statutes--Non-Regulatory -------------------------------------------------------------------------------------------------------------------------------------------------------- State submittal State citation Title/subject date EPA approval date Explanation -------------------------------------------------------------------------------------------------------------------------------------------------------- Article 2 (State Air Pollution Control) -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * 49-424.......................... Duties of Department.... April 18, 2014.... May 1, 2017, [Insert Federal Submitted on December 21, 2015. Register citation]. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-08645 Filed 4-28-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations 20267
[FR Doc. 2017–08647 Filed 4–28–17; 8:45 am] pollution sources under the Arizona the Internet and will be publicly
BILLING CODE 6560–50–P Department of Environmental Quality available only in hard copy form.
(ADEQ) and the Pinal County Air Publicly-available docket materials are
Quality Control District (PCAQCD). available through http://
ENVIRONMENTAL PROTECTION These revisions concern emissions of www.regulations.gov, or please contact
AGENCY particulate matter (PM) from the person identified in the FOR FURTHER
construction sites, agricultural activity INFORMATION CONTACT section for
40 CFR Part 52 and other fugitive dust sources. We are additional availability information.
approving local rules that regulate these FOR FURTHER INFORMATION CONTACT:
[EPA–R09–OAR–2016–0702; FRL–9961–36–
emission sources under the Clean Air Nancy Levin, EPA Region IX, (415) 972–
Region 9]
Act (CAA or the Act). 3848, levin.nancy@epa.gov.
Approval of Arizona Air Plan DATES:These rules will be effective on SUPPLEMENTARY INFORMATION:
Revisions, Arizona Department of May 31, 2017. Throughout this document, ‘‘we,’’ ‘‘us’’
Environmental Quality and Pinal and ‘‘our’’ refer to the EPA.
ADDRESSES: The EPA has established a
County Air Quality Control District
docket for this action under Docket ID Table of Contents
AGENCY: Environmental Protection No. EPA–R09–OAR–2016–0702. All
I. Final Action
Agency (EPA). documents in the docket are listed on II. Public Comments and EPA Responses
ACTION: Final rule. the http://www.regulations.gov Web III. EPA Action
site. Although listed in the index, some IV. Incorporation by Reference
SUMMARY: The Environmental Protection information is not publicly available, V. Statutory and Executive Order Reviews
Agency (EPA) is taking final action to e.g., Confidential Business Information
approve revisions to the Arizona State (CBI) or other information whose I. Final Action
Implementation Plan (SIP). These disclosure is restricted by statute. On January 9, 2017, 82 FR 2305, the
revisions include a state statute and Certain other material, such as EPA proposed to approve the following
certain state rules that govern air copyrighted material, is not placed on rules into the Arizona SIP:
Local agency Rule # Rule title Adopted Submitted
PCAQCD ......................... Chapter 4—Article Fugitive Dust ................................................................................. 10/28/15 12/21/15
1.
PCAQCD ......................... Chapter 4—Article Construction Sites—Fugitive Dust ................................................ 10/28/15 12/21/15
3.
Arizona revised statutes Statute # Statute title Effective date Submitted
(ARS)
ARS ................................. § 49–424 ............... Duties of Department .................................................................... 4/18/14 12/21/15
Arizona administrative AAC # AAC title Amended/ Submitted
code (AAC) rule number effective date
AAC ................................. R18–2–210 ........... Attainment, Nonattainment, and Unclassifiable Area Designa- 07/02/15 12/21/15
tions.
AAC ................................. R18–2–610 ........... Definitions for R18–2–610.01, R18–2–610.02, and R18–2– 07/02/15 12/21/15
610.03.
AAC ................................. R18–2–610.03 ...... Agricultural PM General Permit for Crop Operations; Pinal 07/02/15 12/21/15
County PM Nonattainment Area.
AAC ................................. R18–2–612 ........... Definitions for R18–2–612.01 ....................................................... 07/02/15 12/21/15
AAC ................................. R18–2–612.01 ...... Agricultural PM General Permit for Irrigation Districts; PM Non- 07/02/15 12/21/15
attainment Areas Designated After June 1, 2009.
AAC ................................. Appendix 2 ........... Test Methods and Protocols ......................................................... 07/02/15 12/21/15
We proposed to approve these rules 110(k)(3) of the Act, the EPA is fully EPA as a SIP revision.1 EPA
because we determined that they approving these rules into the Arizona understands these provisions to
complied with the relevant CAA SIP. establish the point at which alternative
requirements. Our proposed action EPA notes that R18–2–610.03, Section BMPs may take effect as a matter of state
contains more information on the rules F, and R18–2–612.01, Section E, allow law. For alternative BMPs to take effect
and our evaluation. commercial farmers and irrigation as a matter of federal law, the State of
districts to develop BMPs different than Arizona must submit them to EPA as a
II. Public Comments and EPA those in the July 2, 2015 version of the
Responses revision to the SIP, and EPA must
rules and to submit alternatives ‘‘that complete a notice and comment
The EPA’s proposed action provided are proven effective through on-farm
mstockstill on DSK30JT082PROD with RULES
a 30-day public comment period. We demonstration trials’’ to the AgBMP
1 ARS 49–457(L) provides: ‘‘The [Ag BMP]
received no comments during this Committee. These provisions also state
committee may periodically reexamine, evaluate
period. that alternative BMPs ‘‘shall not become
and modify best management practices. Any
effective unless submitted as described approved modifications shall be submitted to the
III. EPA Action
in A.R.S. § 49–457(L),’’ and ARS § 49– United States environmental protection agency (sic)
No comments were submitted. 457(L) in turn provides that approved as a revision to the applicable implementation
Therefore, as authorized in section alternative BMPs must be submitted to plan.’’
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rulemaking process approving them as • Does not contain any unfunded this action must be filed in the United
part of the SIP.2 mandate or significantly or uniquely States Court of Appeals for the
affect small governments, as described appropriate circuit by June 30, 2017.
IV. Incorporation by Reference
in the Unfunded Mandates Reform Act Filing a petition for reconsideration by
In this rule, the EPA is finalizing of 1995 (Public Law 104–4); the Administrator of this final rule does
regulatory text that includes • Does not have Federalism not affect the finality of this action for
incorporation by reference. In implications as specified in Executive the purposes of judicial review nor does
accordance with requirements of 1 CFR Order 13132 (64 FR 43255, August 10, it extend the time within which a
51.5, the EPA is finalizing the 1999); petition for judicial review may be filed,
incorporation by reference of the • Is not an economically significant and shall not postpone the effectiveness
Arizona statute and rules, and PCAPCD regulatory action based on health or of such rule or action. This action may
rules, described in the amendments to safety risks subject to Executive Order not be challenged later in proceedings to
40 CFR part 52 set forth below. 13045 (62 FR 19885, April 23, 1997); enforce its requirements (see section
Therefore, these materials have been • Is not a significant regulatory action 307(b)(2)).
approved by EPA for inclusion in the subject to Executive Order 13211 (66 FR
SIP, have been incorporated by 28355, May 22, 2001); List of Subjects in 40 CFR Part 52
reference by EPA into that plan, are • Is not subject to requirements of Environmental protection, Air
fully federally enforceable under section 12(d) of the National pollution control, Incorporation by
sections 110 and 113 of the CAA as of Technology Transfer and Advancement reference, Intergovernmental relations,
the effective date of the final rulemaking Act of 1995 (15 U.S.C. 272 note) because Particulate matter, Reporting and
of EPA’s approval, and will be application of those requirements would recordkeeping requirements.
incorporated by reference by the be inconsistent with the Clean Air Act;
Director of the Federal Register in the and Dated: March 29, 2017.
next update to the SIP compilation.3 • Does not provide the EPA with the Alexis Strauss,
The EPA has made, and will continue discretionary authority to address, as Acting Regional Administrator, Region IX.
to make, these documents available appropriate, disproportionate human Chapter I, title 40 of the Code of
through www.regulations.gov and at the health or environmental effects, using Federal Regulations is amended as
EPA Region IX Office (please contact the practicable and legally permissible follows:
person identified in the FOR FURTHER methods, under Executive Order 12898
INFORMATION CONTACT section of this (59 FR 7629, February 16, 1994). PART 52—APPROVAL AND
preamble for more information). In addition, the SIP is not approved PROMULGATION OF
to apply on any Indian reservation land IMPLEMENTATION PLANS
V. Statutory and Executive Order or in any other area where the EPA or
Reviews an Indian tribe has demonstrated that a ■ 1. The authority citation for part 52
Under the Clean Air Act, the tribe has jurisdiction. In those areas of continues to read as follows:
Administrator is required to approve a Indian country, the rule does not have
Authority: 42 U.S.C. 7401 et seq.
SIP submission that complies with the tribal implications and will not impose
provisions of the Act and applicable substantial direct costs on tribal Subpart D—Arizona
federal regulations. 42 U.S.C. 7410(k); governments or preempt tribal law as
40 CFR 52.02(a). Thus, in reviewing SIP specified by Executive Order 13175 (65 ■ 2. In § 52.120:
submissions, the EPA’s role is to FR 67249, November 9, 2000). ■ a. In table 2 of paragraph (c):
approve state choices, provided that The Congressional Review Act, 5
■ i. Revise the entry for ‘‘R18–2–210’’.
they meet the criteria of the Clean Air U.S.C. 801 et seq., as added by the Small
■ ii. Add a second entry for ‘‘R18–2–
Act. Accordingly, this action merely Business Regulatory Enforcement
Fairness Act of 1996, generally provides 610’’ and add entries for ‘‘R18–2–
approves state law as meeting federal 610.03’’, ‘‘R18–2–612’’, and ‘‘R18–2–
requirements and does not impose that before a rule may take effect, the
agency promulgating the rule must 612.01’’ in numerical order.
additional requirements beyond those
submit a rule report, which includes a ■ iii. Revise the first entry for
imposed by state law. For that reason,
copy of the rule, to each House of the ‘‘Appendix 2’’.
this action:
• Is not a significant regulatory action Congress and to the Comptroller General ■ b. In table 9 of paragraph (c):
subject to review by the Office of of the United States. The EPA will ■ i. Add entries for ‘‘4–1–010’’, ‘‘4–1–
Management and Budget under submit a report containing this action 015’’, ‘‘4–1–020’’, ‘‘4–1–030’’, ‘‘4–1–
Executive Orders 12866 (58 FR 51735, and other required information to the 040’’, ‘‘4–1–045’’, ‘‘4–1–050’’, ‘‘4–1–
October 4, 1993) and 13563 (76 FR 3821, U.S. Senate, the U.S. House of 060’’, ‘‘4–3–160’’, ‘‘4–3–170’’, ‘‘4–3–
January 21, 2011); Representatives, and the Comptroller 180’’, and ‘‘4–3–190’’ in numerical
• Does not impose an information General of the United States prior to order.
collection burden under the provisions publication of the rule in the Federal ■ c. In table 3 of paragraph (e), revise
of the Paperwork Reduction Act (44 Register. A major rule cannot take effect the entry ‘‘49–424’’.
U.S.C. 3501 et seq.); until 60 days after it is published in the The additions and revisions read as
• Is certified as not having a Federal Register. This action is not a follows:
significant economic impact on a ‘‘major rule’’ as defined by 5 U.S.C.
substantial number of small entities 804(2). § 52.120 Identification of plan.
mstockstill on DSK30JT082PROD with RULES
under the Regulatory Flexibility Act (5 Under section 307(b)(1) of the Clean * * * * *
U.S.C. 601 et seq.); Air Act, petitions for judicial review of (c) * * *
2 See 42 U.S.C. 7410(i); see also, Safe Air for has ‘the force and effect of federal law.’ In accord once EPA approves the plan.’’ (Internal citations
Everyone v. United States EPA, 488 F.3d 1088, 1097 with this general proposition, a state may not omitted)).
(9th Cir. 2007) (‘‘[A] SIP, once approved by EPA, unilaterally alter the legal commitments of its SIP 3 62 FR 27968 (May 22, 1997)
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TABLE 2—EPA-APPROVED ARIZONA REGULATIONS
State citation Title/subject State effective date EPA approval date Additional explanation
Article 2 (Ambient Air Quality Standards; Area Designations; Classifications)
* * * * * * *
R18–2–210 ............ Attainment, Nonattainment, and July 2, 2015 ................ May 1, 2017, [Insert Fed- Submitted on December
Unclassifiable Area Designations. eral Register citation]. 21, 2015.
* * * * * * *
Article 6 (Emissions from Existing and New Nonpoint Sources)
* * * * * * *
R18–2–610 ............ Definitions for R18–2–610.01, R18–2– July 2, 2015 ................ May 1, 2017, [Insert Fed- Submitted on December
610.02, and R18–2–610.03. eral Register citation]. 21, 2015.
R18–2–610.03 ....... Agricultural PM General Permit for July 2, 2015 ................ May 1, 2017, [Insert Fed- Submitted on December
Crop Operations; Pinal County PM eral Register citation]. 21, 2015.
Nonattainment Area.
* * * * * * *
R18–2–612 ............ Definitions for R18–2–612.01 .............. July 2, 2015 ................ May 1, 2017, [Insert Fed- Submitted on December
eral Register citation]. 21, 2015.
R18–2–612.01 ....... Agricultural PM General Permit for Irri- July 2, 2015 ................ May 1, 2017, [Insert Fed- Submitted on December
gation Districts; PM Nonattainment eral Register citation]. 21, 2015.
Areas Designated After June 1,
2009.
* * * * * * *
Appendices to Title 18 (Environmental Quality), Chapter 2 (Department of Environmental Quality Air Pollution Control)
* * * * * * *
Appendix 2 ............ Test Methods and Protocols ................ July 2, 2015 ................ May 1, 2017, [Insert Fed- Submitted on December
eral Register citation]. 21, 2015.
* * * * * * *
* * * * *
TABLE 9—EPA-APPROVED PINAL COUNTY AIR POLLUTION CONTROL REGULATIONS
County citation Title/subject State effective date EPA approval date Additional explanation
Chapter 4. Emissions from Existing and New Non-Point Sources
4–1–010 ................. General Applicability ............................ January 1, 2016 .......... May 1, 2017, [Insert Fed- Submitted on December
eral Register citation]. 21, 2015 as ‘‘Chapter 4,
Article 1’’.
4–1–015 ................. Exemptions ........................................... January 1, 2016 .......... May 1, 2017, [Insert Fed- Submitted on December
eral Register citation]. 21, 2015 as ‘‘Chapter 4,
Article 1’’.
4–1–020 ................. Definitions ............................................. January 1, 2016 .......... May 1, 2017, [Insert Fed- Submitted on December
eral Register citation]. 21, 2015 as ‘‘Chapter 4,
Article 1’’.
4–1–030 ................. Standards ............................................. January 1, 2016 .......... May 1, 2017, [Insert Fed- Submitted on December
eral Register citation]. 21, 2015 as ‘‘Chapter 4,
Article 1’’.
4–1–040 ................. Recordkeeping ..................................... January 1, 2016 .......... May 1, 2017, [Insert Fed- Submitted on December
eral Register citation]. 21, 2015 as ‘‘Chapter 4,
Article 1’’.
4–1–045 ................. Reporting Requirements ...................... January 1, 2016 .......... May 1, 2017, [Insert Fed- Submitted on December
eral Register citation]. 21, 2015 as ‘‘Chapter 4,
Article 1’’.
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4–1–050 ................. Records Retention ............................... January 1, 2016 .......... May 1, 2017, [Insert Fed- Submitted on December
eral Register citation]. 21, 2015 as ‘‘Chapter 4,
Article 1’’.
4–1–060 ................. Violations .............................................. January 1, 2016 .......... May 1, 2017, [Insert Fed- Submitted on December
eral Register citation]. 21, 2015 as ‘‘Chapter 4,
Article 1’’.
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![20270 Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations
TABLE 9—EPA-APPROVED PINAL COUNTY AIR POLLUTION CONTROL REGULATIONS—Continued
County citation Title/subject State effective date EPA approval date Additional explanation
* * * * * * *
4–3–160 ................. General Provisions—West Pinal PM10 January 1, 2016 .......... May 1, 2017, [Insert Fed- Submitted on December
Nonattainment Area. eral Register citation]. 21, 2015 as ‘‘Chapter 4,
Article 3’’.
4–3–170 ................. Definitions ............................................. January 1, 2016 .......... May 1, 2017, [Insert Fed- Submitted on December
eral Register citation]. 21, 2015 as ‘‘Chapter 4,
Article 3’’.
4–3–180 ................. Dust Generating Operations Stand- January 1, 2016 .......... May 1, 2017, [Insert Fed- Submitted on December
ards, Application, Permit and Rec- eral Register citation]. 21, 2015 as ‘‘Chapter 4,
ordkeeping Requirements. Article 3’’.
4–3–190 ................. Violations .............................................. January 1, 2016 .......... May 1, 2017, [Insert Fed- Submitted on December
eral Register citation]. 21, 2015 as ‘‘Chapter 4,
Article 3’’.
* * * * * * *
* * * * * (e) * * *
TABLE 3—EPA-APPROVED ARIZONA STATUTES—NON-REGULATORY
State citation Title/subject State submittal date EPA approval date Explanation
Article 2 (State Air Pollution Control)
* * * * * * *
49–424 ..................... Duties of Department .............................. April 18, 2014 ......... May 1, 2017, [Insert Fed- Submitted on December
eral Register citation]. 21, 2015.
* * * * * * *
* * * * * ADDRESSES: EPA has established a the effective date of December 12, 2016.
[FR Doc. 2017–08645 Filed 4–28–17; 8:45 am] docket for this action under Docket ID However, EPA inadvertently did not
BILLING CODE 6560–50–P Number EPA–R03–OAR–2016–0199. All withdraw the DFR prior to that date and
documents in the docket are listed on the rule prematurely became effective
the https://www.regulations.gov Web on December 12, 2016, revising the
ENVIRONMENTAL PROTECTION site. Although listed in the index, some District’s SIP to include DCMR Chapters
AGENCY information is not publicly available, 1, 5, and 8 of Title 20 on that date. In
e.g., confidential business information the NPR, EPA had proposed to approve
40 CFR Part 52 (CBI) or other information whose the SIP revision, which would add the
disclosure is restricted by statute. revised versions of DCMR Chapters 1, 5,
[EPA–R03–OAR–2016–0199; FRL–9961–31– Certain other material, such as and 8 of Title 20 to the District’s SIP.
Region 3] copyrighted material, is not placed on These revisions to the DCMR reduce the
the Internet and will be publicly allowable sulfur content of fuel oils that
Approval and Promulgation of Air available only in hard copy form.
Quality Implementation Plans; District are combusted in oil-burning
Publicly available docket materials are combustion units in the District. On
of Columbia; Revision of Regulations available through https://
for Sulfur Content of Fuel Oil January 20, 2016, the District, through
www.regulations.gov, or please contact the District of Columbia Department of
AGENCY: Environmental Protection the person identified in the FOR FURTHER Energy and Environment, submitted the
Agency (EPA). INFORMATION CONTACT section for aforementioned regulations for
additional availability information. inclusion into the District’s SIP. The
ACTION: Final rule.
FOR FURTHER INFORMATION CONTACT: Sara revisions to the DCMR reduce the sulfur
SUMMARY: The Environmental Protection Calcinore, (215) 814–2043, or by email content of fuel oil that can be
Agency (EPA) is taking final action to at calcinore.sara@epa.gov. combusted within the District and
approve revisions to the District of SUPPLEMENTARY INFORMATION: prohibit the combustion of certain
Columbia (the District) state higher sulfur content fuel oil regardless
implementation plan (SIP). The revision I. Background of where the fuel is refined. EPA is
pertains to the update of the District of
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On October 11, 2016 (81 FR 70064 responding to the comment submitted
Columbia Municipal Regulations and 81 FR 70020), EPA simultaneously on the proposed revision to the
(DCMR) to lower the sulfur content of published a notice of proposed District’s SIP, is approving the low
fuel oil. This action is being taken under rulemaking (NPR) and a direct final rule sulfur fuel oil regulations for inclusion
the Clean Air Act (CAA). (DFR) for the District. EPA received a in the District’s SIP, and is amending
DATES: This final rule is effective on comment on the rulemaking and the effective date of the regulations’
May 31, 2017. attempted to withdraw the DFR prior to inclusion in the SIP to correct our
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Document Created: 2017-04-29 03:16:12
Document Modified: 2017-04-29 03:16:12
| 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 | These rules will be effective on May 31, 2017. | |
| Contact | Nancy Levin, EPA Region IX, (415) 972- 3848, [email protected] | |
| FR Citation | 82 FR 20267 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements |
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