17878 Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations 

■ 4. Section 52.2052 is amended by 

designating the existing paragraph as (a) 

and adding paragraph (b) to read as 

follows: 

§ 52.2052 Motor vehicle emissions 

budgets for Pennsylvania ozone areas. 

* * * * * 

As of March 31, 2014, EPA approves 

the following revised 2009 and 2018 

Motor Vehicle Emissions Budgets 

(MVEBs) for nitrogen oxides (NOX) for 

the Reading 1997 8-Hour Ozone 

Maintenance Area submitted by the 

Secretary of the Pennsylvania 

Department of Environmental 

Protection: 

Applicable geographic 

area Year Tons per day NOX

Reading 1997 8-Hour 

Ozone Maintenance 

Area ........................... 2009 29.0 

Reading 1997 8-Hour 

Ozone Maintenance 

Area ........................... 2018 14.9 

[FR Doc. 2014–06671 Filed 3–28–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0576; FRL–9904–75– 

Region 9] 

Revisions to the Arizona State 

Implementation Plan, Maricopa County 

Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

revisions to the Maricopa County Area 

portion of the Arizona State 

Implementation Plan (SIP). This action 

was proposed in the Federal Register on 

August 23, 2013 and concerns 

particulate matter (PM) emissions from 

fugitive dust sources. We are approving 

local statutes that regulate these 

emission sources under the Clean Air 

Act (CAA or the Act). 

DATES: This rule is effective on April 30, 

2014. 

ADDRESSES: EPA has established docket 

number EPA–OAR–2013–0576 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: 

Christine Vineyard, EPA Region IX, 

(415) 947–4125, vineyard.christine@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On August 23, 2013 (78 FR 52485), 

EPA proposed to approve the following 

statutes into the Arizona SIP. 

TABLE 1—SUBMITTED STATUTES

Arizona statute Statute title Signed Submitted Revised 

submittal 

9–500.27 .......... Off-road vehicle ordinance; applicability; violation; classification (A, 

B, and C only).

July 2, 2007 ...... May 25, 2012 ... May 21, 2013. 

11–871 ............. Emissions control; no burn; exemptions; penalty (A and B only) ....... July 2, 2007 ...... May 25, 2012 ... May 21, 2013. 

28–1098 ........... Vehicle loads; restrictions; civil penalties (A.1–3) ............................... July 2, 2007 ...... May 25, 2012 ... May 21, 2013. 

49–457.03 ........ Off-road vehicles; pollution advisory days; applicability; penalties (A 

and B only).

July 2, 2007 ...... May 25, 2012 ... May 21, 2013. 

49–457.04 ........ Off-highway vehicle and all-terrain vehicle dealers; informational material; outreach; applicability.July 2, 2007 ...... May 25, 2012 ... May 21, 2013. 

49–501 ............. Unlawful open burning; exceptions; fine; definition (A.2, B.1, C, and 

F only).

July 2, 2007 ...... May 25, 2012 ... May 21, 2013. 

We proposed to approve these statutes 

because we determined that they 

complied with the relevant CAA 

requirements. Our proposed action 

contains more information on the 

statutes and our evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received no comments. 

III. EPA Action 

No comments were submitted. 

Therefore, as authorized in section 

110(k)(3) of the Act, EPA is fully 

approving these statutes into the 

Arizona SIP. 

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.); 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations 17879 

• 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 

disproportionate human health or 

environmental effects with practical, 

appropriate, 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, 

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 May 30, 2014. 

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: December 16, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart D—Arizona 

■ 2. Section 52.120 is amended by 

adding paragraphs (c)(157)(i)(A)(6) 

through (9) to read as follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

(157) * * * 

(i) * * * 

(A) * * * 

(6) Arizona Revised Statutes 

(Thomson/West, 2008): Title 9 (cities 

and towns), chapter 4 (general powers), 

article 8 (miscellaneous), section 9– 

500.27 (‘‘Off-road vehicle ordinance; 

applicability; violation; classification’’), 

excluding paragraphs D and E. 

(7) Arizona Revised Statutes (West, 

2012): Title 11 (counties), chapter 6 

(county planning and zoning), article 6 

(air quality), section 11–871 (‘‘Emissions 

control; no burn; exemptions; penalty’’), 

excluding paragraphs C through E. 

(8) Arizona Revised Statutes (West, 

2012): Title 28 (transportation), chapter 

3 (traffic and vehicle regulation), article 

18 (vehicle size, weight and load), 

section 28–1098 (‘‘Vehicle loads; 

restrictions; civil penalties’’), excluding 

paragraphs B and C. 

(9) Arizona Revised Statutes (West, 

2012 Cumulative Pocket Part): 

(i) Title 49 (the environment), chapter 

3 (air quality), article 2 (state air 

pollution control), sections 49–457.03 

(‘‘Off-road vehicles; pollution advisory 

days; applicability; penalties’’), 

excluding paragraphs C and D; and 49– 

457.04 (‘‘Off-highway vehicle and allterrain vehicle dealers; informational 

material; outreach; applicability’’); and 

(ii) Title 49 (the environment), chapter 

3 (air quality), article 3 (county air 

pollution control), section 49–501 

(‘‘Unlawful open burning; exceptions; 

civil penalty; definition’’), excluding 

paragraph A.1, paragraphs B.2 through 

B.6, and paragraphs D, E, G, and H. 

* * * * * 

[FR Doc. 2014–07122 Filed 3–28–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0984; FRL–9904–83– 

Region 9] 

Revisions to the Arizona State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action under the Clean Air Act to 

approve a revision to the Arizona State 

Implementation Plan (SIP). This 

revision concerns particulate matter 

emissions from dust generating 

operations that do not already have a 

permit within the Phoenix planning 

area. We are approving a state statute 

that requires the Arizona Department of 

Environmental Quality to develop and 

adopt a general permit that specifies 

episodic best management practices that 

are to be implemented by certain dustgenerating activities. 

DATES: This rule is effective on May 30, 

2014 without further notice, unless EPA 

receives adverse comments by April 30, 

2014. If we receive such comments, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2012–0984, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 


emcdonald on DSK67QTVN1PROD with RULES