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
17880 Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California 94105–3901. While all 

documents in the docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., 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. The State’s Submittal 

A. What statute did the State submit? 

B. Are there other versions of this statute? 

C. What is the purpose of the submitted 

statute? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the statute? 

B. Does the statute meet the evaluation 

criteria? 

C. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What statute did the State submit? 

Table 1 lists the Arizona statute we 

are approving along with the date that 

it came into effect and the date it was 

submitted by the Arizona Department of 

Environmental Quality (ADEQ) as a 

revision to the Arizona SIP. 

TABLE 1—ARIZONA STATUTE

Statute No. Statute title Effective date Submitted 

Arizona Revised Statutes (ARS) section 49–457.05 

(only A, B, D, and I).

Dust action general permit; best management practices; applicability; definitions.07/20/11 05/25/12 

ADEQ included the statute addressed 

in this document in the submittal of 

Maricopa Association of Government’s 

(MAG’s) MAG 2012 Five Percent Plan 

for PM–10 for the Maricopa County 

Nonattainment Area (May 2012) (‘‘MAG 

Five Percent Plan’’). On July 13, 2012, 

EPA determined that the submittal of 

Arizona Revised Statutes (ARS) section 

49–457.05 (only A, B, C, D, and I) met 

the completeness criteria in 40 CFR Part 

51 Appendix V, which must be met 

before formal EPA review. On 

September 26, 2013, ADEQ withdrew 

paragraph C of ARS 49–457.05 from 

further consideration as part of the 

Arizona SIP. 

B. Are there other versions of this 

statute? 

There is no previous version of 49– 

457.05 in the SIP. 

C. What is the purpose of the submitted 

statute? 

Particulate matter (PM) contributes to 

effects that are harmful to human health 

and the environment, including 

premature mortality, aggravation of 

respiratory and cardiovascular disease, 

decreased lung function, visibility 

impairment, and damage to vegetation 

and ecosystems. Section 110(a) of the 

CAA requires States to submit 

regulations that control PM emissions. 

The new statute obligates ADEQ to 

develop and issue a dust action general 

permit for certain regulated activities 

within the Phoenix planning area, 

which is designated as a ‘‘serious’’ 

nonattainment area for the national 

ambient air quality standard (NAAQS) 

for particulate matter with an 

aerodynamic diameter less than or equal 

to a nominal ten micrometers (PM10). 

Under the statute, the general permit 

must specify the Best Management 

Practices (BMPs) necessary to reduce or 

to prevent PM10 emissions as soon as 

practicable before and during a day that 

is forecast by ADEQ to be at high risk 

of dust generation. The statute applies 

to the Phoenix planning area PM10

nonattainment area, which is classified 

as ‘‘serious’’. The specific BMPs and 

other requirements are contained in the 

dust action general permit itself, which 

ADEQ adopted and included as 

appendix C, exhibit 3 of the MAG Five 

Percent Plan. EPA will take action on 

the dust action general permit in a 

separate rulemaking. EPA’s technical 

support document (TSD) has more 

information about this statute. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the statute? 

Generally, SIP requirements must be 

enforceable (see section 110(a) of the 

Act) and must not modify the SIP 

inconsistent with sections 110(l) and 

193. 

Guidance and policy documents that 

we use to evaluate enforceability 

requirements consistently include the 

following: 

1. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations; 

Clarification to Appendix D of November 24, 

1987 Federal Register Notice,’’ (Blue Book), 

notice of availability published in the May 

25, 1988 Federal Register. 

2. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule Deficiencies,’’ 

EPA Region 9, August 21, 2001 (the Little 

Bluebook). 

3. ‘‘State Implementation Plans; General 

Preamble for the Implementation of Title I of 

the Clean Air Act Amendments of 1990,’’ 57 

FR 13498 (April 16, 1992); 57 FR 18070 

(April 28, 1992). 

4. ‘‘State Implementation Plans for Serious 

PM–10 Nonattainment Areas, and 

Attainment Date Waivers for PM–10 

Nonattainment Areas Generally; Addendum 

to the General Preamble for the 

Implementation of Title I of the Clean Air Act 

Amendments of 1990,’’ 59 FR 41998 (August 

16, 1994). 

5. ‘‘PM–10 Guideline Document,’’ EPA 

452/R–93–008, April 1993. 

B. Does the statute meet the evaluation 

criteria? 

We believe this statute is consistent 

with the relevant policy and guidance 

regarding enforceability and SIP 


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Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations 17881 

relaxations. The TSD has more 

information on our evaluation. 

C. Public Comment and Final Action 

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

the Act, EPA is fully approving the 

submitted statute because we believe it 

fulfills all relevant requirements. We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted statute. If we receive adverse 

comments by April 30, 2014, 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 May 30, 2014. 

This will incorporate this statute into 

the federally enforceable SIP. 

III. 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.); 

• 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. 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 

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. 

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 paragraph (c)(157)(i)(A)(10) to 

read as follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

(157) * * * 

(i) * * * 

(A) * * * 

(10) Arizona Revised Statutes (West, 

2012 Cumulative Pocket Part): Title 49 

(the environment), chapter 3 (air 

quality), article 2 (state air pollution 

control), section 49–457.05 (‘‘Dust 

action general permit; best management 

practices; applicability; definitions’’), 

excluding paragraph C and paragraphs 

E, F, G, and H. 

* * * * * 

[FR Doc. 2014–07115 Filed 3–28–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0171; FRL–9908–25– 

Region 9] 

Revisions to the Arizona State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 


emcdonald on DSK67QTVN1PROD with RULES