47862 Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations 

Dated: February 19, 2015. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

Editorial Note: This document was 

received for publication by the Office of the 

Federal Register on August 4, 2015. 

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)(166), (167), (168), 

(169), and (170) to read as follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

(166) The following plan was 

submitted on October 14, 2011, by the 

Governor’s designee. 

(i) [Reserved] 

(ii) Additional materials. 

(A) Arizona Department of 

Environmental Quality. 

(1) Arizona State Implementation Plan 

Revision under Clean Air Act Section 

110(a)(1) and (2); Implementation of the 

2008 Lead National Ambient Air 

Quality Standards, excluding the 

appendices. 

(167) The following plan was 

submitted on December 27, 2012 by the 

Governor’s designee. 

(i) [Reserved] 

(ii) Additional materials. 

(A) Arizona Department of 

Environmental Quality. 

(1) Arizona State Implementation Plan 

Revision under Clean Air Act Section 

110(a)(1) and (2); 2008 8-hour Ozone 

NAAQS, excluding the appendices. 

(168) The following plan was 

submitted on December 6, 2013 by the 

Governor’s designee. 

(i) Incorporation by reference. 

(A) Maricopa County Air Quality 

Department. 

(1) Maricopa County Air Pollution 

Control Regulations, Rule 100 (‘‘General 

Provisions and Definitions’’), section 

100 (‘‘General’’), subsection 108 

(‘‘Hearing Board’’), revised September 

25, 2013. 

(169) The following plan was 

submitted on December 19, 2013 by the 

Governor’s designee. 

(i) [Reserved] 

(ii) Additional materials. 

(A) Pima County Department of 

Environmental Quality. 

(1) Board of Supervisors of Pima 

County, Arizona, Ordinance No. 1993– 

128, Section 1, 17.040.190 

‘‘Composition’’ Section 6, 17.24.040 

‘‘Reporting for compliance evaluations’’ 

adopted September 28, 1993. 

(2) Board of Supervisors of Pima 

County, Arizona, Ordinance 2005–43, 

Chapter 17.12, Permits and Permit 

Revisions, section 2,17.12.040 

‘‘Reporting Requirements’’ adopted 

April 19, 2005. 

(170) The following plan was 

submitted on September 4, 2014 by the 

Governor’s designee. 

(i) Incorporation by reference. 

(A) Pinal County Air Quality Control 

District. 

(1) Pinal County Board of Supervisors, 

Resolution No. 072314–AQ1, 1–3–140, 

Definitions, 74, Hearing Board, 

including new text that is underlined 

and excluding removed text which was 

struck by the board, effective July 23, 

2014. 

■ 3. Section 52.123 is amended by 

revising paragraphs (l), (m), and (n) to 

read as follows: 

§ 52.123 Approval status. 

* * * * * 

(l) 1997 8-hour ozone NAAQS: The 

SIPs submitted on October 14, 2009 and 

August 24, 2012 are fully or partially 

disapproved for Clean Air Act (CAA) 

elements 110(a)(2)(C), (D)(ii), (J) and (K) 

for all portions of the Arizona SIP. 

(m) 1997 PM2.5 NAAQS: The SIPs 

submitted on October 14, 2009 and 

August 24, 2012 are fully or partially 

disapproved for Clean Air Act (CAA) 

elements 110(a)(2)(C), (D)(ii), (J) and (K) 

for all portions of the Arizona SIP. 

(n) 2006 PM2.5 NAAQS: The SIPs 

submitted on October 14, 2009 and 

August 24, 2012 are fully or partially 

disapproved for Clean Air Act (CAA) 

elements 110(a)(2)(C), (D)(i)(II) (interfere 

with measures in any other state to 

prevent significant deterioration of air 

quality), (D)(ii), (J) and (K) for all 

portions of the Arizona SIP. 

[FR Doc. 2015–19499 Filed 8–7–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2012–0346; FRL–9932–04– 

Region 8] 

Approval and Promulgation of State 

Implementation Plans; State of 

Colorado; Interstate Transport of 

Pollution for the 2006 24-Hour PM2.5

NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a May 11, 

2012 State Implementation Plan (SIP) 

submission from the State of Colorado 

that is intended to demonstrate that its 

SIP meets certain interstate transport 

requirements of the Clean Air Act (Act 

or CAA) for the 2006 fine particulate 

matter (PM2.5) National Ambient Air 

Quality Standards (NAAQS). This 

submission addresses the requirement 

that Colorado’s SIP contain adequate 

provisions prohibiting air emissions that 

will have certain adverse air quality 

effects in other states. EPA is 

determining that Colorado’s existing SIP 

contains adequate provisions to ensure 

that air emissions in Colorado do not 

significantly contribute to 

nonattainment or interfere with 

maintenance of the 2006 24-hour PM2.5

NAAQS in any other state, or interfere 

with another state’s measures to prevent 

significant deterioration of air quality or 

to protect visibility. EPA is also 

approving the portion of Colorado’s 

submission that addresses the CAA 

requirement that SIPs contain adequate 

provisions related to interstate and 

international pollution abatement. 

DATES: This final rule is effective on 

September 9, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2012–0346. All 

documents in the docket are listed on 

the 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 either electronically through 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 


Lhorne on DSK7TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations 47863 

1Colorado’s SIP, dated May 11, 2012, is included 

in the docket for this action. 

2Colorado’s certification letter is available in the 

docket for this action. 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8:00 a.m. to 4:00 p.m., excluding 

federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Adam Clark, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, 303–312–7104, 

clark.adam@epa.gov. 

I. Background 

On September 21, 2006, EPA 

promulgated a final rule revising the 

1997 24-hour primary and secondary 

NAAQS for PM2.5 from 65 micrograms 

per cubic meter (mg/m3) to 35 mg/m3

(October 17, 2006, 71 FR 61144). 

Section 110(a)(1) of the CAA requires 

each state to submit to EPA, within 

three years (or such shorter period as 

the Administrator may prescribe) after 

the promulgation of a primary or 

secondary NAAQS or any revision 

thereof, a SIP that provides for the 

‘‘implementation, maintenance, and 

enforcement’’ of such NAAQS. EPA 

refers to these specific submittals as 

‘‘infrastructure’’ SIPs because they are 

intended to address basic structural SIP 

requirements for new or revised 

NAAQS. For the 2006 24-hour PM2.5

NAAQS, these infrastructure SIPs were 

due on September 21, 2009. CAA 

section 110(a)(2) includes a list of 

specific elements that ‘‘[e]ach such plan 

submission’’ must meet. 

The interstate transport provisions in 

CAA section 110(a)(2)(D)(i) (also called 

‘‘good neighbor’’ provisions) require 

each state to submit a SIP that prohibits 

emissions that will have certain adverse 

air quality effects in other states. CAA 

section 110(a)(2)(D)(i) identifies four 

distinct elements related to the impacts 

of air pollutants transported across state 

lines. The two elements under 

110(a)(2)(D)(i)(I) require SIPs to contain 

adequate provisions to prohibit any 

source or other type of emissions 

activity within the state from emitting 

air pollutants that will (element 1) 

contribute significantly to 

nonattainment in any other state with 

respect to any such national primary or 

secondary NAAQS, and (element 2) 

interfere with maintenance by any other 

state with respect to the same NAAQS. 

The two elements under 

110(a)(2)(D)(i)(II) require SIPs to contain 

adequate provisions to prohibit 

emissions that will interfere with 

measures required to be included in the 

applicable implementation plan for any 

other state under part C (element 3) to 

prevent significant deterioration of air 

quality or (element 4) to protect 

visibility. CAA section 110(a)(2)(D)(ii) 

requires that each SIP shall contain 

adequate provisions insuring 

compliance with applicable 

requirements of sections 126 and 115 

(relating to interstate and international 

pollution abatement). 

On May 11, 2012, the Colorado 

Department of Public Health and 

Environment (CDPHE) submitted an 

interstate transport SIP which 

concluded that Colorado meets all of the 

requirements of CAA section 

110(a)(2)(D)(i) for the 2006 24-hour 

PM2.5 NAAQS.1 The State’s May 11, 

2012 interstate transport submission 

and June 4, 2010 infrastructure SIP 

certification for the 2006 24-hour PM2.5

NAAQS both overlooked the 

requirements of CAA section 

110(a)(2)(D)(ii), which requires that each 

SIP shall contain adequate provisions 

insuring compliance with applicable 

requirements of sections 126 and 115 

(relating to interstate and international 

pollution abatement). The State 

submitted a clarification letter on March 

12, 2015, which explained that the State 

had inadvertently left discussion of 

110(a)(2)(D)(ii) out of the 2006 24-hour 

PM2.5 infrastructure certification.2 EPA 

proposed approval of all 110(a)(2)(D)(i) 

and 110(a)(2)(D)(ii) elements of 

Colorado’s May 11, 2012 submission on 

May 12, 2015 (80 FR 27121). 

II. Response to Comments 

EPA did not receive any comments on 

the May 12, 2015 proposal. 

III. Final Rule 

EPA is approving all four interstate 

transport elements of CAA Section 

110(a)(2)(D)(i) from Colorado’s May 11, 

2012 submission. This approval is based 

on EPA’s finding that emissions from 

Colorado do not significantly contribute 

to nonattainment or interfere with 

maintenance of the 2006 24-hour PM2.5

NAAQS in any other state and that the 

existing Colorado SIP is, therefore, 

adequate to meet the requirements of 

CAA section 110(a)(2)(D)(i) for the 2006 

24-hour PM2.5 NAAQS. 

EPA is also approving the 

110(a)(2)(D)(ii) portion of Colorado’s 

submission, based on our finding that 

the State’s existing SIP is adequate to 

meet the requirements of this element 

for the 2006 24-hour PM2.5 NAAQS. 

IV. Statutory and Executive Orders 

Review 

Under the CAA, 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 CAA. 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 CAA; and, 

• Does not provide 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). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where 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 


Lhorne on DSK7TPTVN1PROD with RULES
47864 Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations 

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. 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 October 9, 2015. 

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 CAA 

section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: July 23, 2015. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

40 CFR part 52 is amended to read 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 G—Colorado 

■ 2. Section 52.352 is amended by 

adding paragraph (c) to read as follows: 

§ 52.352 Interstate transport. 

* * * * * 

(c) Addition to the Colorado State 

Implementation Plan of the Colorado 

Interstate Transport SIP regarding 2006 

PM2.5 Standards for all four of the CAA 

section 110(a)(2)(D)(i) requirements 

submitted by the Governor’s designee 

on May 11, 2012. 

[FR Doc. 2015–19500 Filed 8–7–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 150629564–5564–01] 

RIN 0648–BF24 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Prohibited Species 

Catch; Emergency Rule 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Emergency rule; request for 

comments. 

SUMMARY: This emergency rule 

establishes a 1,600 Chinook salmon 

prohibited species catch (PSC) limit for 

the Western and Central Gulf of Alaska 

(GOA) Non-Rockfish Program trawl 

catcher vessel sector (Non-Rockfish 

Program CV Sector) that is immediately 

available for use by the sector until the 

limit is reached or December 31, 2015. 

On January 1, 2015, an annual Chinook 

salmon PSC limit of 2,700 Chinook 

salmon became available for use by the 

Non-Rockfish Program CV Sector 

implementing Amendment 97 to the 

Fishery Management Plan for 

Groundfish of the GOA (FMP). On May 

3, 2015, and considerably earlier than 

had been expected, NMFS prohibited 

directed fishing for groundfish by the 

Non-Rockfish Program CV Sector after 

determining that the sector had 

exceeded its annual PSC limit of 2,700 

Chinook salmon. The North Pacific 

Fishery Management Council and 

NMFS recently discovered that the use 

of Chinook salmon PSC by the NonRockfish Program CV Sector in the first 

few months of 2015 was exorbitantly 

greater than the historical use, which 

was relied on in developing the Chinook 

salmon PSC limit for this sector, and 

that this discrepancy in use was not 

foreseen when the PSC limit of 2,700 

Chinook salmon for the Non-Rockfish 

Program CV Sector was implemented 

under Amendment 97. Due to the 

directed fishing closure, significant 

amounts of non-pollock groundfish 

remain unharvested by the NonRockfish Program CV Sector, and 

fishermen, shoreside processors, and 

communities that participate in the 

Non-Rockfish Program CV Sector have 

limited alternatives to mitigate the 

resulting significant, negative economic 

effects. This emergency rule is necessary 

to relieve a restriction that is preventing 

non-pollock groundfish harvest by the 

Non-Rockfish Program CV Sector while 

continuing to limit the amount of 

Chinook salmon PSC used by this 

sector. This rule is intended to promote 

the goals and objectives of the 

Magnuson-Stevens Fishery 

Conservation and Management Act, the 

FMP, and other applicable law. 

DATES: The amendments to 

§ 679.21(i)(2)(iii) and (i)(7)(i) are 

effective August 10, 2015. The 

amendment to § 679.21(i)(8) is effective 

August 10, 2015, through December 31, 

2015. Comments must be received by 

September 9, 2015. 

ADDRESSES: You may submit comments, 

identified by NOAA-NMFS-2015-0082, 

by any of the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2015- 

0082, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Ellen Sebastian. Mail comments to P.O. 

Box 21668, Juneau, AK 99802–1668. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

Electronic copies of the Regulatory 

Impact Review (RIR), and the 

Categorical Exclusion prepared for this 

emergency rule may be obtained from 

http://www.regulations.gov or from the 

Alaska Region Web site at http://


Lhorne on DSK7TPTVN1PROD with RULES