Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Rules and Regulations 7209 

1 In addition to the provisions listed in table 1, 

ADEQ also submitted the rescission of R9–3–310, 

approved by the EPA at 49 FR 41026 (October 19, 

1984). However, the EPA has already acted to 

approve the rescission of that particular provision 

from the Arizona SIP (see 80 FR 67319 (November 

2, 2015)), and thus we will be taking no further 

action on that provision. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0028; FRL–9942–03– 

Region–09] 

Approval of Air Plan Revisions; 

Arizona; Rescissions and Corrections 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

Arizona State Implementation Plan (SIP) 

under the Clean Air Act. These 

revisions include rescissions of certain 

statutory provisions, administrative and 

prohibitory rules, and test methods. The 

EPA is also taking direct final action to 

correct certain errors in previous actions 

on prior revisions to the Arizona SIP 

and to make certain other corrections. 

The intended effect is to rescind 

unnecessary provisions from the 

applicable SIP and to correct certain 

errors in previous SIP actions. 

DATES: This rule is effective on April 11, 

2016 without further notice, unless the 

EPA receives adverse comments by 

March 14, 2016. 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 your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2016–0028 at http://

www.regulations.gov, or via email to 

Andrew Steckel, Rules Office Chief, at 

Steckel.Andrew@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Gong, EPA Region IX, (415) 972– 

3073, Gong.Kevin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Rescissions 

A. Which SIP provisions has the state 

rescinded? 

B. How is the EPA evaluating the 

rescissions? 

1. Declarations of Policy and Legal 

Authority 

2. Jurisdiction Over Indian Lands 

3. Prohibitory Rules 

4. Test Methods and Performance 

Specifications 

C. Do the rescissions meet all applicable 

requirements? 

II. Error Corrections 

III. Public Comment and Final Action 

IV. Statutory and Executive Order Reviews 

I. The State’s Rescissions 

A. Which SIP provisions has the state 

rescinded? 

On March 10, 2015 and January 13, 

2016, the Arizona Department of 

Environmental Quality (ADEQ) 

submitted rescissions of certain 

statutory and regulatory provisions from 

the applicable Arizona State 

Implementation Plan (SIP). The 

rescissions relate to certain statutory 

provisions, administrative and 

prohibitory rules, and test methods. In 

the January 13, 2016 submittal, ADEQ 

included evidence of public notification 

of the rescissions (including the 

rescissions submitted on March 10, 

2015), provision of a 30-day comment 

period, and opportunity for public 

hearing. See appendix A to the January 

13, 2016 SIP revision submittal for 

documentation of ADEQ’s public 

process prior to adoption and submittal 

of the revision to the EPA. 

Table 1 lists the statutory and 

regulatory provisions that ADEQ has 

rescinded,1 the dates on which the EPA 

approved the provisions as part of the 

SIP, and the dates on which ADEQ 

submitted the rescissions to the EPA. 

Under section 110(k)(3) of the Clean Air 

Act (CAA or ‘‘Act’’), the EPA is 

obligated to approve, disapprove, or 

conditionally approve SIPs and SIP 

revisions, including rescissions. 

TABLE 1—ARIZONA SIP STATUTORY AND REGULATORY PROVISIONS THAT ADEQ HAS RESCINDED

Statutory or regulatory provision Title EPA Approval Rescission submittal 

date 

ARS 36–1700 ............................................... Declaration of Policy ................................... 37 FR 10842 (May 31, 

1972); 37 FR 15080 (July 

27, 1972); 47 FR 26382 

(June 18, 1982).

January 13, 2016. 

ARS 36–1801 ............................................... Jurisdiction over Indian Lands .................... 37 FR 15080 (July 27, 

1972).

January 13, 2016. 

Chapter 2, section 2.9 of ‘‘The State of Arizona Air Pollution Control Implementation 

Plan’’.

Legal Authority—Jurisdiction over Indian 

Lands.

37 FR 15080 (July 27, 

1972).

January 13, 2016. 

Rule 7–1–9.1 ................................................ Policy and legal authority ........................... 37 FR 15080 (July 27, 

1972).

January 13, 2016. 

Rule R9–3–1001 .......................................... Policy and legal authority ........................... 43 FR 34470 (August 4, 

1978).

January 13, 2016. 

Rule 7–1–4.3 ................................................ Sulfite Pulp Mills ......................................... 37 FR 15080 (July 27, 

1972).

January 13, 2016. 


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7210 Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Rules and Regulations 

TABLE 1—ARIZONA SIP STATUTORY AND REGULATORY PROVISIONS THAT ADEQ HAS RESCINDED—Continued 

Statutory or regulatory provision Title EPA Approval Rescission submittal 

date 

Rule 7–1–4.3 (R9–3–403) ........................... Sulfur Emissions: Sulfite Pulp Mills ............ 43 FR 33245 (July 31, 

1978).

January 13, 2016. 

AAC R9–3–511 ............................................ Standards of Performance for Existing 

Secondary Lead Smelters.

47 FR 42572 (September 

28, 1982); 47 FR 17483 

(April 23, 1982).

March 10, 2015. 

AAC R9–3–512 ............................................ Standards of Performance for Existing 

Secondary Brass and Bronze Ingot Production Plants.

47 FR 17483 (April 23, 

1982).

March 10, 2015. 

AAC R9–3–513 ............................................ Standards of Performance for Existing Iron 

and Steel Plants.

47 FR 42572 (September 

28, 1982); 47 FR 17483 

(April 23, 1982).

March 10, 2015. 

AAC R9–3–517 ............................................ Standards of Performance for Steel Plants; 

Existing Electric Arc Furnaces (EAF).

47 FR 42572 (September 

28, 1982); 47 FR 17483 

(April 23, 1982).

March 10, 2015. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.01.

Method 1 Sample and Velocity Traverses 

for Stationary Sources.

47 FR 17483 (April 23, 

1982).

January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.02.

Method 2 Determination of Stack Gas Velocity and Volumetric Flow Rate (Type S 

Pitot Tube).

47 FR 17483 (April 23, 

1982).

January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.02.

Method 2A Direct Measurement of Gas 

Volume Through Pipes and Small Ducts.

47 FR 17483 (April 23, 

1982).

January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.02.

Method 2B Determination of Exhaust Gas 

Volume Flow Rate from Gasoline Vapor 

Incinerators.

47 FR 17483 (April 23, 

1982).

January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.03.

Method 3 Gas Analysis for Carbon Dioxide, Excess Air, Dry Molecular Weight.47 FR 17483 (April 23, 

1982).

January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.03.

Method 3A Determination of Oxygen and 

Carbon Dioxide Concentrations in Emissions from Stationary Sources (Instrumental Analyzer Procedure).

47 FR 17483 (April 23, 

1982).

January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.04.

Method 4 Determination of Moisture in 

Stack Gases.

47 FR 17483 (April 23, 

1982).

January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.05.

Method 5 Determination of Particulate 

Emissions from Stationary Sources.

47 FR 17483 (April 23, 

1982).

January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.06.

Method 6 Determination of Sulfur Dioxide 

Emissions from Stationary Sources.

47 FR 17483 (April 23, 

1982).

January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.07.

Method 7 Determination of Nitrogen Oxide 

Emissions from Stationary Sources.

47 FR 17483 (April 23, 

1982).

January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.08.

Method 8 Determination of Sulfuric Acid 

Mist and Sulfur Dioxide Emissions from 

Stationary Sources.

47 FR 17483 (April 23, 

1982).

January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.09.

Method 9 Visual Determination of the 

Opacity of Emissions from Stationary 

Sources.

47 FR 17483 (April 23, 

1982).

January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.10.

Method 10 Determination of Carbon Monoxide Emissions from Stationary 

Sources.

47 FR 17483 (April 23, 

1982).

January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.11.

Method 11 Determination of Hydrogen Sulfide Emissions from Stationary Sources.47 FR 17483 (April 23, 

1982).

January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.13.

Method 13B Determination of Total Fluoride Emissions from Stationary 

Sources—Specific Ion Electrode Method.

47 FR 17483 (April 23, 

1982).

January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.13.

Method 13 Determination of Total Fluoride 

Emissions from Stationary Sources— 

SOADNS Zirconium Lake Method.

47 FR 17483 (April 23, 

1982).

January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.14.

Method 14 Determination of Total Fluoride 

Emissions from Potroom Roof Monitors 

for Primary Aluminum Plants.

47 FR 17483 (April 23, 

1982).

January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.15.

Method 15 Determination of Hydrogen Sulfide, Carbonyl Sulfide, and Carbon Disulfide Emissions from Stationary 

Sources.

47 FR 17483 (April 23, 

1982).

January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.16.

Method 16 Semicontinuous Determination 

of Sulfur Emissions from Stationary 

Sources.

47 FR 17483 (April 23, 

1982).

January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.17.

Method 17 Determination of Particulate 

Emissions from Stationary Sources (InStack Filtration Method).

47 FR 17483 (April 23, 

1982).

January 13, 2016. 


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Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Rules and Regulations 7211 

TABLE 1—ARIZONA SIP STATUTORY AND REGULATORY PROVISIONS THAT ADEQ HAS RESCINDED—Continued 

Statutory or regulatory provision Title EPA Approval Rescission submittal 

date 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.19.

Method 19 Determination of Sulfur Dioxide, Removal Efficiency and Particulate, 

Sulfur Dioxide and Nitrogen Oxides 

Emission Rates from Electric Utility 

Steam Generators.

47 FR 17483 (April 23, 

1982).

January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 3.20.

Method 20 Determination of Nitrogen Oxides, Sulfur Dioxide, and Diluent Emissions from Stationary Gas Turbines.47 FR 17483 (April 23, 

1982).

January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 4.01.

Performance Specification 1: Performance 

specifications and specification test procedures for transmissometer systems for 

continuous measurement of the opacity 

of stack emissions.

47 FR 17483 (April 23, 

1982).

January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 4.02.

Performance Specification 2: Performance 

specifications and specification test procedures for monitors of SO2 and NOX

from stationary sources.

47 FR 17483 (April 23, 

1982).

January 13, 2016. 

Arizona Testing Manual for Air Pollutant 

Emissions, Section 4.03.

Performance Specification 3: Performance 

specifications and specification test procedures for monitors of CO2 and O2

from stationary sources.

47 FR 17483 (April 23, 

1982).

January 13, 2016. 

B. How is the EPA evaluating the 

rescissions? 

Generally, SIP requirements must be 

enforceable (see section 110(a) of the 

Act), and SIP revisions must not modify 

the SIP inconsistent with sections 110(l) 

and 193. Section 110(l) prohibits the 

EPA from approving a revision to a SIP 

if the revision would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress or any other applicable 

requirement of the CAA. Section 193 

states that no control requirement in 

effect, or required to be adopted by an 

order, settlement agreement, or plan in 

effect before November 15, 1990, in any 

area which is a nonattainment area for 

any pollutant may be modified after 

November 15, 1990 in any manner 

unless the modification insures 

equivalent or greater emissions 

reductions of such air pollutant. 

In today’s action, we review, evaluate, 

and approve ADEQ’s submittals dated 

March 10, 2015 and January 13, 2016 of 

revisions to the Arizona SIP involving 

rescissions of certain statutory and 

regulatory provisions that fall into four 

categories: (1) Declarations of policy and 

legal authority, (2) jurisdiction over 

Indian lands, (3) prohibitory rules, and 

(4) test methods and performance test 

specifications. 

1. Declarations of Policy and Legal 

Authority 

The EPA approved ARS section 36– 

1700 (‘‘Declaration of Policy’’) in May 

1972 as part of the original Arizona SIP, 

and then approved it again in July 1972, 

and then again, as amended, in June 

1982. See table 1 above. ARS section 

36–1700 is a general statement of policy 

by the Arizona Legislature and sets forth 

the intent of the Legislature in 

establishing an air pollution control 

program in the state. As such, ARS 

section 36–1700 does not provide 

specific authority to any administrative 

agency to fulfill any particular 

regulatory function, nor does it establish 

any type of emissions standard or 

address any particular requirement for 

SIPs under the CAA. As such, we find 

that ARS section 36–1700 need not be 

retained in the Arizona SIP and thus 

find the state’s corresponding rescission 

to be acceptable. 

As shown in table 1, the EPA 

approved Arizona air pollution control 

rule 7–1–9.1 (‘‘Policy and legal 

authority’’) in July 1972 and then again 

as amended and renumbered (as R9–3– 

1001) in August 1978. Arizona rule 7– 

1–9.1 (R9–3–1001) cites the legal 

authority under which the rules relating 

to motor vehicle inspection and 

maintenance are adopted and also 

includes a general statement of policy. 

The specific statutory provisions cited 

by rule 7–1–9.1 (R9–3–1001) have been 

approved into the applicable SIP and, as 

discussed above, general statements of 

policy are not required for SIPs. As 

such, we find no need to retain rule 7– 

1–9.1 or its renumbered version R9–3– 

1001 in the applicable Arizona SIP. 

Therefore, we find the state’s rescission 

of the two rules from the Arizona SIP to 

be acceptable. 

2. Jurisdiction Over Indian Lands 

The EPA approved chapter 2, section 

2.9 (‘‘Legal authority—Jurisdiction over 

Indian Lands’’) and ARS section 36– 

1801 (‘‘Jurisdiction over Indian Lands’’) 

in July 1972. As described in chapter 2, 

section 2.9 of the Arizona SIP, under 

ARS section 36–1801, the State of 

Arizona assumed jurisdiction relating to 

air pollution control on all lands within 

the state including Indian tribal lands, 

reservations, and allotments. 

ARS section 36–1801 was recodified 

as ARS section 49–561 in 1986, but is 

no longer found in Arizona law. More 

importantly, the state’s assumption of 

jurisdiction relating to air pollution 

control on Indian reservations conflicts 

with federal law. See generally CAA 

section 301(d) and the EPA’s tribal 

authority rule at 40 CFR part 49 

(‘‘Indian country: air quality planning 

and management’’). More specifically, 

within the boundaries of an Indian 

reservation and any other area for which 

the EPA or a tribe has demonstrated that 

a tribe has jurisdiction, the EPA or 

authorized tribe has regulatory 

jurisdiction under the Clean Air Act. 

See Oklahoma Department of 

Environmental Quality v. EPA, 740 F.3d 

185 (D.C. Cir. 2014). As such, ARS 

section 36–1801 should not be retained, 

and the EPA finds the state’s 

corresponding rescissions of chapter 2, 

section 2.9 and ARS section 36–1801 

from the Arizona SIP to be appropriate. 

3. Prohibitory Rules 

On March 10, 2015, the ADEQ 

submitted rescissions of the following 

rules from the Arizona SIP because 

there are no secondary lead smelters, 

secondary brass and bronze ingot 

productions plants, iron and steel 


jstallworth on DSK7TPTVN1PROD with RULES
7212 Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Rules and Regulations 

2R18–2–311 provides that applicable procedures 

and testing methods contained in, among other 

references, 40 CFR part 60, appendices A through 

F, shall be used to determine compliance with state 

requirements for stationary sources. Appendix 2 for 

AAC, title 18, chapter 2 incorporates by reference 

40 CFR part 60 appendices revised as of July 1, 

2006. 

plants, or electric arc furnaces (EAF) 

under the ADEQ’s jurisdiction: 

• R9–3–511, Standards of 

Performance for Existing Secondary 

Lead Smelters, 

• R9–3–512, Standards of 

Performance for Existing Secondary 

Brass and Bronze Ingot Production 

Plants, 

• R9–3–513, Standards of 

Performance for Existing Iron and Steel 

Plants, and 

• R9–3–517, Standards of 

Performance for Steel Plants; Existing 

Electric Arc Furnaces (EAF). 

To determine that there are no 

operating facilities in the state that fall 

under one of the specified source 

categories, ADEQ reviewed its permit 

and emissions inventory systems and 

consulted with knowledgeable staff. As 

a result of these searches, ADEQ 

determined that there are no operating 

facilities within ADEQ’s jurisdiction 

that fall under these source categories. 

On January 13, 2016, ADEQ also 

submitted a rescission of another rule, 

Arizona air pollution control rule 7–1– 

4.3 (‘‘Sulfur Pulp Mills’’), which was 

approved by the EPA in July 1972 and 

again in July 1978 as rule 7–1–4.3 (R9– 

3–403) (’’Sulfur Emissions: Sulfite Pulp 

Mills’’). Like the four prohibitory rules 

discussed above, no facilities remain in 

operation in Arizona that are subject to 

the requirements of rule 7–1–4.3. 

Therefore, we find the ADEQ’s 

rescissions of the prohibitory rules 

discussed above from the Arizona SIP to 

be acceptable. 

4. Test Methods and Performance 

Specifications 

In April 1982, the EPA approved 

sections 3 and 4 of the Arizona Testing 

Manual for Air Pollutant Emissions 

(‘‘Arizona Testing Manual’’) as a 

revision to the Arizona SIP. Section 3 of 

the Arizona Testing Manual includes 

certain test methods from 40 CFR part 

60, appendix A, and section 4 of the 

Arizona Testing Manual includes 

certain performance test specifications 

from 40 CFR part 60, appendix B. Both 

the test methods and performance test 

methods approved into the Arizona SIP 

date from the 1970s. 

Over the years, the EPA’s test 

methods and performance specifications 

in 40 CFR part 60 have been revised, 

and thus, the versions of the test 

methods and performance test 

specifications approved as part of the 

Arizona SIP are outdated. Also, in 

recent years, the EPA has approved two 

state rules that in effect incorporate 

more recent versions of the EPA’s test 

methods and performance specifications 

into the Arizona SIP. See Arizona 

Administrative Code (AAC) R18–2–311 

(‘‘Test Methods and Procedures’’) and 

appendix 2 (‘‘Test Methods and 

Protocols’’) for AAC, title 18, chapter 2.2

See 80 FR 67319 (November 2, 2015) 

and 79 FR 56655 (September 23, 2014). 

As such, the outdated test methods and 

performance test specifications 

approved as part of the Arizona Testing 

Manual need not be retained in the 

Arizona SIP. Thus, we find ADEQ’s 

rescission of them to be acceptable. 

C. Do the rescissions meet all applicable 

requirements? 

The EPA has evaluated all the 

submittal documentation and has 

determined that the rescission of the 

statutory and regulatory provisions 

listed in table 1 is approvable because 

(1) the statements of policy and legal 

authority are not necessary to fulfill any 

CAA SIP purpose; (2) the provisions 

asserting jurisdiction over Indian 

reservations conflict with federal law; 

(3) ADEQ has adequately demonstrated 

that there are no existing sources subject 

to the listed prohibitory rules; and (4) 

the test methods and performance test 

specifications are outdated and other 

SIP provisions provide for use of more 

up-to-date procedures. Furthermore, 

with respect to the subject prohibitory 

rules, the emissions from any new 

facilities of the type that would have 

been subject to these rules will be 

subject to applicable New Source 

Review rules and New Source 

Performance Standards, which can 

reasonably be assumed to result in more 

stringent emission limits than would 

apply under these rules. 

Therefore, rescission of the statutory 

provisions and rules listed in table 1 

would not interfere with attainment or 

maintenance of any of the national 

ambient air quality standards or any 

other requirements of the Clean Air Act 

and would not affect emissions of 

nonattainment pollutants. As such, the 

rescission would comply with sections 

110(l) and 193 of the Clean Air Act. For 

these reasons, we approve ADEQ’s 

rescissions of the statutory and 

regulatory provisions listed in table 1 

from the Arizona SIP. 

II. Error Corrections 

Section 110(k)(6) of the CAA provides 

in relevant part that, whenever the EPA 

determines that the EPA’s action 

approving, disapproving, or 

promulgating any SIP or SIP revision 

was in error, the EPA may in the same 

manner as the approval, disapproval, or 

promulgation revise such action as 

appropriate without requiring any 

further submission from the state. In 

today’s action, we are correcting four 

errors made in previous rulemakings 

approving revisions to the Arizona SIP. 

First, on July 31, 1978 (43 FR 33245), 

we approved certain state prohibitory 

rules as a revision to the Arizona SIP. 

Among the rules listed as approved was 

R9–3–301 (‘‘Visible emissions— 

General’’). However, the preamble of our 

July 31, 1978 final rule clearly indicates 

that the EPA did not intend to take 

action on this rule (see 43 FR 33245, at 

33246) but mistakenly listed R9–3–301 

as approved in the regulatory portion of 

the final rule. In this action, we are 

correcting the error in our July 31, 1978 

final rule by removing the entry for R9– 

3–301 from the relevant paragraph in 40 

CFR 52.120 (‘‘Identification of plan’’). 

Second, on October 10, 1980 (45 FR 

67345), we approved the state’s January 

26, 1979 request to redesignate the Air 

Quality Control Regions (AQCRs) in 

Arizona as a revision to the Arizona SIP. 

However, the state’s request for 

redesignation of the Arizona AQCRs 

was made under section 107, not section 

110, of the CAA, and while the EPA 

appropriately made certain 

administrative changes to 40 CFR part 

52 (‘‘Approval and promulgation of 

implementation plans’’), subpart D 

(‘‘Arizona’’) and 40 CFR part 81 

(‘‘Designation of areas for air quality 

planning purposes’’), subpart B 

(‘‘Designation of air quality control 

regions’’), the redesignation request 

itself was not a SIP revision. As such, 

we erred in listing the state’s January 26, 

1979 redesignation request as an 

approved revision to the Arizona SIP in 

40 CFR part 52 (‘‘Approval and 

promulgation of implementation 

plans’’), subpart D (‘‘Arizona’’), section 

52.120 (‘‘Identification of plan’’), 

paragraph 52.120(c)(30). In today’s 

action, we are removing the entry of the 

state’s January 26, 1979 redesignation 

request from 40 CFR 52.120. 

Third, on June 18, 1982 (47 FR 

26382), we approved certain statutory 

provisions as a revision to the Arizona 

SIP. In so doing, we approved Arizona 

Revised Statutes (ARS) section 36– 

1720.02 (‘‘Defenses’’). However, the 

correct citation for this particular 

statutory provision was ARS section 36– 

1720.01, not ARS section 36–1720.02. In 

today’s action, we are correcting the 

citation to this statutory provision in the 

relevant paragraph in 40 CFR 52.120 

(‘‘Identification of plan’’). 


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Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Rules and Regulations 7213 

Fourth, on March 10, 2005 (70 FR 

11882), we approved a request 

submitted on September 13, 2004 by the 

ADEQ to clarify the description of the 

air quality planning area for the Phoenix 

PM10 nonattainment area. In our March 

10, 2005 final rule, we revised the PM10

table in 40 CFR part 81 (‘‘Designation of 

areas for air quality planning 

purposes’’), subpart C (‘‘Section 107 

attainment status designations’’), section 

81.303 (‘‘Arizona’’) accordingly, but we 

also listed the state’s September 13, 

2004 boundary clarification request as 

an approval of a revision to the Arizona 

SIP. However, the state’s September 13, 

2005 request was submitted under CAA 

section 107, not as a revision to the SIP 

under section 110, and thus our listing 

of it as part of the SIP in 40 CFR 52.120 

(‘‘Identification of plan’’) was in error. 

In today’s action, we are removing the 

entry of the ADEQ’s September 13, 2004 

boundary clarification request from 40 

CFR 52.120. 

Lastly, in a final rule published by the 

Federal Communications Commission at 

63 FR 16441 (April 3, 1998), 40 CFR 

52.111 (‘‘Toll free number assignment’’) 

was inadvertently added to subpart D 

(‘‘Arizona’’) of part 52 (‘‘Approval and 

promulgation of implementation 

plans’’). The provisions now found at 40 

CFR 52.111 were intended to be 

promulgated in title 47, not title 40, and 

have nothing to do with SIPs. In today’s 

action, we are correcting this error by 

removing 40 CFR 52.111 from the CFR. 

III. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the Act, the EPA is approving the state’s 

rescission of the statutory and 

regulatory provisions listed in table 1 

from the Arizona SIP because we 

believe they are no longer necessary to 

retain. Under section 110(k)(6), we are 

also correcting errors in certain previous 

actions by the EPA on prior Arizona SIP 

revisions. The error corrections relate to 

an inadvertent listing of a rule on which 

the EPA did not take action in the 

Arizona SIP, a typographical error, and 

erroneous approvals of non-SIP 

submittals as part of the SIP. 

We do not think anyone will object to 

these actions, so we are finalizing them 

without proposing them in advance. 

However, in the Proposed Rules section 

of this Federal Register, we are 

simultaneously proposing rescission of 

the same provisions and correction of 

the same errors. If we receive adverse 

comments by March 14, 2016, we will 

publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on April 11, 

2016. 

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, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this action merely 

rescinds state statutes, rules, and test 

methods as unnecessary to retain in the 

applicable SIP and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide the 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, 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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it 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. 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 April 11, 2016. 

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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the Proposed Rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

the EPA can withdraw this direct final 

rule and address the comment in the 

proposed rulemaking. 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. 


jstallworth on DSK7TPTVN1PROD with RULES
7214 Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Rules and Regulations 

Dated: January 25, 2016. 

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 

§ 52.111 [Removed] 

■ 2. Remove § 52.111. 

■ 3. Section 52.120 is amended by: 

■ a. Adding paragraphs (b)(1)(i), 

(c)(3)(ii) introductory text and 

(c)(3)(ii)(A), and (c)(6)(i) introductory 

text and (c)(6)(i)(A); 

■ b. Revising paragraph (c)(19); 

■ c. Adding paragraphs (c)(20)(i) 

introductory text and (c)(20)(i)(A), 

(c)(27)(i)(D), and (c)(29)(i)(B); 

■ d. Removing and reserving paragraph 

(c)(30); 

■ e. Adding paragraphs (c)(43)(i)(D) and 

(c)(45)(i)(E); 

■ f. Revising paragraph (c)(50)(ii)(B); 

■ g. Adding paragraphs (c)(50)(ii)(D) 

and (c)(54)(i)(I); and 

■ h. Removing and reserving paragraph 

(c)(120). 

The additions and revisions read as 

follows: 

§ 52.120 Identification of plan. 

* * * * * 

(b) * * * 

(1) Arizona State Department of 

Health. 

(i) Previously approved on May 31, 

1972 in paragraph (b) of this section and 

now deleted without replacement: 

Arizona Revised Statutes section 36– 

1700 (‘‘Declaration of Policy’’) 

(c) * * * 

(3) * * * 

(ii) Arizona State Department of 

Health. 

(A) Previously approved on July 27, 

1972 in paragraph (c)(3) of this section 

and now deleted without replacement: 

Chapter 2 (‘‘Legal Authority’’), Section 

2.9 (‘‘Jurisdiction over Indian lands’’); 

Arizona Revised Statutes sections 36– 

1700 (‘‘Declaration of Policy’’) and 36– 

1801 (‘‘Jurisdiction over Indian Lands’’); 

and Arizona State Department of Health, 

Rules and Regulations for Air Pollution 

Control 7–1–4.3 (‘‘Sulfite Pulp Mills’’) 

and 7–1–9.1 (‘‘Policy and Legal 

Authority’’). 

* * * * * 

(6) * * * 

(i) Arizona State Department of 

Health. 

(A) Previously approved on July 31, 

1978 in paragraph (c)(6) of this section 

and now deleted without replacement: 

Arizona Air Pollution Control 

Regulation 7–1–4.3 (R9–3–403) (‘‘Sulfur 

Emissions: Sulfite Pulp Mills’’). 

* * * * * 

(19) Arizona Air Pollution Control 

Regulations, submitted on September 

16, 1975: R9–3–102 (Definitions), R9–3– 

108 (Test Methods and Procedures), R9– 

3–302 (Particulate Emissions: Fugitive 

Dust), R9–3–303 (Particulate Emissions: 

Incineration), R9–3–304 (Particulate 

Emissions: Wood Waste Burners), R9–3– 

305 (Particulate Emissions: Fuel 

Burning Equipment), R9–3–307 

(Particulate Emissions: Portland Cement 

Plants); and R9–3–308 (Particulate 

Emissions: Heater-Planers), submitted 

on September 16, 1975. 

(20) * * * 

(i) Arizona State Department of 

Health. 

(A) Previously approved on August 4, 

1978 in paragraph (c)(20) of this section 

and now deleted without replacement: 

Arizona Air Pollution Control 

Regulation R9–3–1001 (‘‘Policy and 

Legal Authority’’). 

* * * * * 

(27) * * * 

(i) * * * 

(D) Previously approved on April 23, 

1982, in paragraph (c)(27)(i)(B) of this 

section and now deleted without 

replacement: R9–3–511 (Paragraph B), 

R9–3–512 (Paragraph B), R9–3–513 

(Paragraphs B and C), and R9–3–517 

(Paragraphs B and C). 

* * * * * 

(29) * * * 

(i) * * * 

(B) Previously approved on April 23, 

1982, in paragraph (c)(29)(i)(A) of this 

section and now deleted without 

replacement: Arizona Testing Manual 

for Air Pollutant Emissions, Sections 3.0 

and 4.0. 

* * * * * 

(43) * * * 

(i) * * * 

(D) Previously approved on April 23, 

1982, in paragraph (c)(43)(i)(B) of this 

section and now deleted without 

replacement: R9–3–511 (Paragraph A.1 

to A.5), R9–3–512 (Paragraph A.1 to 

A.5), R9–3–513 (Paragraph A.1 to A.5), 

and R9–3–517 (Paragraph A.1 to A.5). 

* * * * * 

(45) * * * 

(i) * * * 

(E) Previously approved on April 23, 

1982, in paragraph (c)(45)(i)(B) of this 

section and now deleted without 

replacement: R9–3–511 (Paragraph A); 

R9–3–512 (Paragraph A); R9–3–513 

(Paragraph A); R9–3–517 (Paragraph A); 

Section 3, Method 11; Section 3.16, 

Method 16; Section 3.19, Method 19; 

and Section 3.20, Method 20. 

* * * * * 

(50) * * * 

(ii) * * * 

(B) Arizona State: Chapter 14, Air 

Pollution, Article 1. State Air Pollution 

Control, Sections 36–1700 to 36–1702, 

36–1704 to 36–1706, 36–1707 to 36– 

1707.06, 36–1708, 36–1720.01, and 36– 

1751 to 36–1753. 

* * * * * 

(D) Previously approved on June 18, 

1982, in paragraph (c)(50)(ii)(B) of this 

section and now deleted without 

replacement: Arizona Revised Statutes 

section 36–1700. 

* * * * * 

(54) * * * 

(i) * * * 

(I) Previously approved on September 

28, 1982, in paragraph (c)(54)(i)(C) of 

this section and now deleted without 

replacement: R9–3–511 (Paragraph A to 

A.1 and A.2), R9–3–513 (Paragraph A to 

A.1 and A.2), and R9–3–517 (Paragraph 

A to A.1). 

* * * * * 

[FR Doc. 2016–02714 Filed 2–10–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 402 

[Docket No. FWS–R9–ES–2011–0072; 

Docket No. 120106026–4999–03] 

RIN 1018–AX88; 0648–BB80 

Interagency Cooperation—Endangered 

Species Act of 1973, as Amended; 

Definition of Destruction or Adverse 

Modification of Critical Habitat 

AGENCIES: U.S. Fish and Wildlife 

Service, Interior; National Marine 

Fisheries Service, National Oceanic and 

Atmospheric Administration, 

Commerce. 

ACTION: Final rule. 

SUMMARY: The U.S. Fish and Wildlife 

Service (FWS) and the National Marine 

Fisheries Service (NMFS), collectively 

referred to as the ‘‘Services’’ or ‘‘we,’’ 

revise a regulatory definition that is 


jstallworth on DSK7TPTVN1PROD with RULES