[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Rules and Regulations]
[Pages 42214-42219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17931]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0472; FRL-9982-23--Region 9]


Partial Approval and Partial Disapproval of Air Quality State 
Implementation Plans; Arizona; Infrastructure Requirements for Nitrogen 
Dioxide and Sulfur Dioxide

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is partially 
approving and partially disapproving several state implementation plan 
(SIP) submissions from the State of Arizona pursuant to the 
requirements of section 110(a)(1) and 110(a)(2) of the Clean Air Act 
(CAA or ``the Act'') for the implementation, maintenance, and 
enforcement of the 2010 nitrogen dioxide (NO<INF>2</INF>) and 2010 
sulfur dioxide (SO<INF>2</INF>) national ambient air quality standards 
(NAAQS or ``standards''). We refer to such SIP submissions as 
``infrastructure'' SIP submissions because they are intended to address 
basic structural SIP requirements for new or revised standards 
including, but not limited to, legal authority, regulatory structure, 
resources, permit programs, monitoring, and modeling necessary to 
assure implementation, maintenance, and enforcement of the NAAQS. In 
addition, the EPA is reclassifying Pima County from Priority II to 
Priority III for SO<INF>2</INF> emergency episode planning purposes. 
The EPA is also approving into the Arizona SIP sections of an Arizona 
Revised Statute related to air quality modeling and the submission of 
modeling data to the EPA. Finally, the EPA is clarifying several 
inconsistencies between its technical support document and notice of 
proposed rulemaking.

DATES: This rule is effective on September 20, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2015-0472. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available through http://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: John Ungvarsky, Air Planning Office 
(AIR-2), EPA Region IX, (415) 972-3963, <a href="/cdn-cgi/l/email-protection#d6a3b8b1a0b7a4a5bdaff8bcb9beb896b3a6b7f8b1b9a0"><span class="__cf_email__" data-cfemail="a9dcc7cedfc8dbdac2d087c3c6c1c7e9ccd9c887cec6df">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' 
``us,'' and ``our'' refer to the EPA.

Table of Contents

I. Background
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Section 110(a)(1) of the CAA requires states to make a SIP 
submission within three years after the promulgation of a new or 
revised primary NAAQS. Section 110(a)(2) includes a list of specific 
elements that the SIP must include. Many of the section 110(a)(2) SIP 
elements relate to the general information and authorities that 
constitute the ``infrastructure'' of a state's air quality management 
program. SIP submittals that address these requirements are referred to 
as ``infrastructure SIP submissions'' or ``I-SIP submissions.'' The I-
SIP elements required by section 110(a)(2) are as follows:
    <bullet> Section 110(a)(2)(A): Emission limits and other control 
measures;
    <bullet> section 110(a)(2)(B): Ambient air quality monitoring/data 
system;
    <bullet> section 110(a)(2)(C): Program for enforcement of control 
measures and regulation of new and modified stationary sources 
(excluding the requirements applicable only in nonattainment areas);
    <bullet> section 110(a)(2)(D)(i): Interstate pollution transport;
    <bullet> section 110(a)(2)(D)(ii): Interstate and international 
pollution abatement;
    <bullet> section 110(a)(2)(E): Adequate resources and authority, 
conflict of interest, and oversight of local and regional government 
agencies;
    <bullet> section 110(a)(2)(F): Stationary source monitoring and 
reporting;
    <bullet> section 110(a)(2)(G): Emergency episodes;
    <bullet> section 110(a)(2)(H): SIP revisions;
    <bullet> section 110(a)(2)(J): Consultation with government 
officials, public notification, prevention of significant deterioration 
(PSD), and visibility protection;
    <bullet> section 110(a)(2)(K): Air quality modeling and submittal 
of modeling data;
    <bullet> section 110(a)(2)(L): Permitting fees; and
    <bullet> section 110(a)(2)(M): Consultation/participation by 
affected local entities.
    Two elements identified in section 110(a)(2) are not governed by 
the three-year submittal deadline of section 110(a)(1) and are 
therefore not addressed in this action. These two elements are: Section 
110(a)(2)(C) to the extent it refers to nonattainment new source review 
(NSR) permit programs required under part D, and section 110(a)(2)(I), 
pertaining to the nonattainment planning requirements of part D. As a 
result, this action does not address SIP requirements for the 
nonattainment NSR portion of section 110(a)(2)(C) or of section 
110(a)(2)(I).
    In 2010, the EPA promulgated revised NAAQS for NO<INF>2</INF> and 
SO<INF>2</INF>, triggering a requirement for states to submit 
infrastructure SIP submissions. The NAAQS addressed by this 
infrastructure SIP rulemaking include the following:
    <bullet> 2010 NO<INF>2</INF> NAAQS, which revised the primary 1971 
NO<INF>2</INF> annual standard of 53 parts per billion (ppb) by 
supplementing it with a new 1-hour average NO<INF>2</INF> standard of 
100 ppb, and retained the secondary annual standard of 53 ppb; \1\ and
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    \1\ 75 FR 6474 (February 9, 2010). The annual NO<INF>2</INF> 
standard of 0.053 parts per million (ppm) is listed in ppb for ease 
of comparison with the new 1-hour standard.
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    <bullet> 2010 SO<INF>2</INF> NAAQS, which established a new 1-hour 
average SO<INF>2</INF> standard of 75 ppb, retained the secondary 3-
hour average SO<INF>2</INF> standard of 500 ppb, and established a 
mechanism for revoking the existing annual and 24-hour SO<INF>2</INF> 
standards.\2\
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    \2\ 75 FR 35520 (June 22, 2010). The annual SO<INF>2</INF> 
standard of 0.5 ppm is listed in ppb for ease of comparison with the 
new 1-hour standard.

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[[Page 42215]]

    On May 16, 2016, the EPA proposed to partially approve and 
partially disapprove the Arizona infrastructure SIP submissions as 
meeting the requirements of sections 110(a)(1) and 110(a)(2) of the Act 
for the implementation, maintenance, and enforcement of the 2010 
NO<INF>2</INF> and 2010 SO<INF>2</INF> standards. In addition, we 
proposed to reclassify the Pima Intrastate Air Quality Control Region 
(AQCR) for SO<INF>2</INF> emergency episode planning. We also proposed 
to approve into the Arizona SIP Arizona Revised Statutes (ARS) related 
to air quality modeling and the submission of modeling data to the 
EPA.\3\ The rationale supporting the EPA's actions is explained in our 
proposal notice and the associated technical support document (TSD) and 
will not be restated here. The proposed rule and TSD are available 
online at http://www.regulations.gov, Docket ID number EPA-R09-OAR-
2015-0472.
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    \3\ Partial Approval and Partial Disapproval of Air Quality 
State Implementation Plans; Arizona; Infrastructure Requirements for 
Nitrogen Dioxide and Sulfur Dioxide. 81 FR 31571 (May 19, 2016).
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II. Public Comments

    During the public comment period, the EPA received one brief and 
anonymous comment on the proposed action.
    Comment: The commenter states that the ``EPA cannot approve the PSD 
portions of the I-SIPs for both pollutants for [Arizona Department of 
Environmental Quality] and Pinal County until both programs have fully 
approved PM<INF>2.5</INF> increment provisions that do not contain 
illegal exemptions.''
    Response: On May 4, 2018, we finalized approval of Arizona 
Department of Environmental Quality (ADEQ) rule revisions to correct 
deficiencies in ADEQ's SIP-approved NSR program related to the 
requirements under part C (PSD) and part D (nonattainment NSR) of title 
I of the Act that apply to major stationary sources and major 
modifications of such sources. 83 FR 19631. Section A of ADEQ rule R18-
2-218, approved into the SIP as part of our May 4, 2018 action, 
includes PSD increments for criteria pollutants, including 
NO<INF>2,</INF> SO<INF>2</INF>, and PM<INF>2.5</INF>. Our approval of 
the PSD increments for PM<INF>2.5</INF> into the Arizona SIP applied to 
both ADEQ and Pinal County. The May 4, 2018 final action thus resolved 
the issue identified by the commenter.
    Nonetheless and as explained further below, we are finalizing a 
partial disapproval of a narrow portion of the PSD program elements of 
the I-SIP submissions for the 2010 NO<INF>2</INF> and 2010 
SO<INF>2</INF> NAAQS for ADEQ and Pinal County. As explained in the TSD 
for the proposal notice, while ADEQ and Pinal County have SIP-approved 
PSD programs that cover most of the requirements of part C, title I of 
the Act, they do not have programs that provide for regulating the 
construction and modification of stationary sources of greenhouse gases 
(GHGs). Instead, all of Arizona is subject to the federal PSD program 
at 40 CFR 52.21 for regulation of stationary sources of GHGs.\4\ As 
explained in our TSD, the EPA's 2013 I-SIP guidance, and previous EPA 
rulemakings on Arizona I-SIP submissions, if a state does not have a 
fully approved PSD program that covers the requirements for all 
regulated NSR pollutants, including GHGs, then the EPA cannot fully 
approve an I-SIP submission with respect to the PSD-related 
requirements of 110(a)(2)(C), 110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), 
and 110(a)(2)(J).\5\
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    \4\ Technical Support Document, Evaluation of the Arizona 
Infrastructure SIP for 2010 SO<INF>2</INF> and NO<INF>2</INF> NAAQS, 
April 29, 2016 at 14.
    \5\ Guidance on Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2), 
Memorandum from Stephen D. Page, September 13, 2013. See also 
Partial Approval and Disapproval of Air Quality Implementation 
Plans; Arizona; Infrastructure Requirements for Ozone and Fine 
Particulate Matter. 77 FR 66398 (November 5, 2012).
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III. Final Action

    Under CAA section 110(k)(3), and based on the evaluation and 
rationale presented in the proposed rule, the related TSD, and this 
final rule, the EPA is approving in part and disapproving in part 
Arizona infrastructure SIP submissions addressing requirements of CAA 
section 110(a)(1) and (2), as applicable, with respect to the 2010 
NO<INF>2</INF> and 2010 SO<INF>2</INF> NAAQS.
    In this final action we are also making several administrative 
changes to clarify inconsistencies between our notice of proposed 
rulemaking and TSD. In the May 16, 2016 action we inadvertently listed 
several elements under the Proposed Approvals and Partial Approvals 
section of the notice. The portions of the infrastructure SIP 
submissions that the EPA listed under the Proposed Approvals and 
Partial Approvals section of the notice, but instead should have been 
listed under the Proposed Partial Disapprovals section of the notice, 
include: Section 110(a)(2)(C) prevention of significant deterioration 
(ADEQ and Pinal County); \6\ section 110(a)(2)(D)(i)(II) interference 
with prevention of significant deterioration, or prong 3 (ADEQ and 
Pinal County); \7\ section 110(a)(2)(D)(ii) interstate pollution 
abatement (ADEQ and Pinal County); and section 110(a)(2)(J) prevention 
of significant deterioration (ADEQ and Pinal County).\8\ As explained 
in the TSD, while ADEQ and Pinal County have SIP-approved PSD programs 
that cover most of the requirements of part C, title I of the Act, they 
do not have programs that provide for regulating the construction and 
modification of stationary sources of GHGs. Instead, all of Arizona is 
subject to the federal PSD program at 40 CFR 52.21 for regulation of 
stationary sources of GHGs.\9\ As explained in the EPA's 2013 I-SIP 
guidance, if a state does not have a fully approved PSD program that 
covers the requirements for all regulated NSR pollutants, including 
GHGs, then the EPA cannot fully approve the I-SIP submission for the 
requirements of 110(a)(2)(C), 110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), 
and 110(a)(2)(J).\10\ Thus, consistent with the TSD for this action, 
past actions on Arizona I-SIP submissions, and our 2013 I-SIP guidance, 
this final action serves to clarify that the SIP submissions are 
partially approved and partially disapproved for the PSD-related 
infrastructure requirements of 110(a)(2)(C), 110(a)(2)(D)(i)(II), 
110(a)(2)(D)(ii), and 110(a)(2)(J) with respect to ADEQ and Pinal 
County. The partial disapproval for ADEQ and Pinal County applies only 
with respect to the fact that these air programs do not have SIP 
approved rules to regulate sources of GHG emissions, and instead 
implement a federal implementation plan (FIP) for regulation of sources 
of GHGs pursuant to a delegation agreement with the EPA.
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    \6\ CAA section 110(a)(2)(C) consists of three sub-elements: 
Program for enforcement of control measures, major source PSD 
program, and regulation of minor sources and minor modifications. 
Only the PSD requirement as applicable to ADEQ and Pinal County is 
included in the administrative clarifications described in this 
final action. For additional information on section 110(a)(2)(C) 
requirements, please see the TSD for this action.
    \7\ In our notice of proposed rulemaking, we partially 
mislabeled prong 3 as ``110(a)(2)(D)(i)(I) (in part)--interference 
with maintenance, or prong 3''. See 81 FR 31571, 31575, section IV.A 
(May 16, 2016).
    \8\ See 81 FR 31571, 31575.
    \9\ Technical Support Document, Evaluation of the Arizona 
Infrastructure SIP for 2010 SO<INF>2</INF> and NO<INF>2</INF> NAAQS, 
April 29, 2016 at 14.
    \10\ Guidance on Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2), 
Memorandum from Stephen D. Page, September 13, 2013.
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A. Approvals

    We are approving the 2010 NO<INF>2</INF> and 2010 SO<INF>2</INF> 
Arizona infrastructure SIP

[[Page 42216]]

submission with respect to the following CAA requirements for the 
jurisdiction and pollutants listed in parentheses, as applicable:
    <bullet> Section 110(a)(2)(A)--emission limits and other control 
measures (for all jurisdictions and both pollutants);
    <bullet> section 110(a)(2)(B)--ambient air quality monitoring/data 
system (for all jurisdictions and both pollutants);
    <bullet> section 110(a)(2)(C)--program for enforcement of control 
measures and regulation of minor sources and minor modifications (for 
all jurisdictions and both pollutants)
    <bullet> section 110(a)(2)(D)--interstate pollution transport;

--section 110(a)(2)(D)(i)(I)--significant contribution to nonattainment 
and interference with maintenance (for the 2010 NO<INF>2</INF> NAAQS in 
all jurisdictions;
--section 110(a)(2)(D)(ii)--international air pollution in section 115 
(for all jurisdictions and both pollutants);

    <bullet> section 110(a)(2)(E)--adequate resources and authority, 
conflict of interest, and oversight of local governments and regional 
agencies (for all jurisdictions and both pollutants);
    <bullet> section 110(a)(2)(F)--stationary source monitoring and 
reporting (for all jurisdictions and both pollutants);
    <bullet> section 110(a)(2)(G)--emergency episodes (for all 
jurisdictions and both pollutants);
    <bullet> section 110(a)(2)(H)--SIP revisions (for all jurisdictions 
and both pollutants);
    <bullet> section 110(a)(2)(J)--consultation with government 
officials in section 121 (for all jurisdictions and both pollutants) 
and public notification of exceedances in section 127 (for all 
jurisdictions and both pollutants);
    <bullet> section 110(a)(2)(K)--air quality modeling and submission 
of modeling data (for all jurisdictions and both pollutants);
    <bullet> section 110(a)(2)(L)--permitting fees (for all 
jurisdictions and both pollutants); and
    <bullet> section 110(a)(2)(M)--consultation/participation by 
affected local entities (for all jurisdictions and both pollutants).
    The EPA is taking no action at this time on section 
110(a)(2)(D)(i)(I)--significant contribution to nonattainment and 
interference with maintenance--for the 2010 SO<INF>2</INF> NAAQS.

B. Partial Approvals and Partial Disapprovals

    The EPA is partially approving and partially disapproving Arizona's 
2010 NO<INF>2</INF> and 2010 SO<INF>2</INF> infrastructure SIP 
submissions with respect to the following infrastructure SIP 
requirements for the jurisdiction and pollutants listed in parentheses:
    <bullet> Section 110(a)(2)(C)--PSD permit program (for ADEQ and 
Pinal County and both pollutants);
    <bullet> section 110(a)(2)(D)--interstate pollution transport (see 
below); and

--section 110(a)(2)(D)(i)(II)--interference with measures required to 
prevent significant deterioration (for ADEQ and Pinal County and both 
pollutants);
--section 110(a)(2)(D)(ii)--interstate pollution abatement in section 
126 (for ADEQ and Pinal County and both pollutants);

    <bullet> section 110(a)(2)(J)--PSD permit program (for ADEQ and 
Pinal County and both pollutants);

C. Disapprovals

    The EPA is disapproving Arizona's 2010 NO<INF>2</INF> and 2010 
SO<INF>2</INF> infrastructure SIP submissions with respect to the 
following infrastructure SIP requirements:
    <bullet> Section 110(a)(2)(C)--PSD permit program (for Maricopa 
County and Pima County and both pollutants);
    <bullet> section 110(a)(2)(D)--interstate pollution transport (see 
below); and

--section 110(a)(2)(D)(i)(II)--interference with measures required to 
prevent significant deterioration (for Maricopa County and Pima County 
and both pollutants);
--section 110(a)(2)(D)(i)(II)--interference with measures required to 
protect visibility (for all jurisdictions and both pollutants);
--section 110(a)(2)(D)(ii)--interstate pollution abatement in section 
126 (for Maricopa County and Pima County and both pollutants);

    <bullet> section 110(a)(2)(J)--PSD permit program (for Maricopa 
County and Pima County and both pollutants).

D. Consequences of Disapprovals and Partial Disapprovals

    CAA section 110(c)(1) provides that the EPA must promulgate a FIP 
within two years after finding that a state has failed to make a 
required submission or disapproving a state's SIP submission in whole 
or in part, unless the EPA approves a SIP revision correcting the 
deficiencies within that two-year period. As explained below and in the 
TSD for this action, today's final disapproval and final partial 
approval and partial disapproval actions do not result in any new FIP 
obligations because FIPs are already in place for the deficient 
portions of Arizona's I-SIP submissions for the 2010 SO<INF>2</INF> and 
2010 NO<INF>2</INF> NAAQS.
    We are disapproving the Pima County and Maricopa County portions of 
Arizona's infrastructure SIP submissions, and partially approving and 
partially disapproving the ADEQ and Pinal County portions of Arizona's 
infrastructure SIP submissions, with respect to the PSD-related 
requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), 
110(a)(2)(D)(ii), and 110(a)(2)(J). The Arizona SIP does not fully 
satisfy the statutory and regulatory requirements for PSD permit 
programs under part C, title I of the Act, because Maricopa County and 
Pima County do not have SIP-approved PSD programs, while ADEQ and Pinal 
County do not have SIP-approved PSD programs that cover GHGs. Maricopa 
County and Pima County currently implement the federal PSD program in 
40 CFR 52.21 for all regulated NSR pollutants, pursuant to delegation 
agreements with the EPA, while ADEQ and Pinal County implement 40 CFR 
52.21 for GHGs pursuant to delegation agreements with the EPA. 
Accordingly, although the Arizona SIP remains deficient with respect to 
certain PSD requirements in the ADEQ, Pinal County, Maricopa County, 
and Pima County portions of the SIP, these deficiencies are adequately 
addressed in all areas by the federal PSD program in 40 CFR 52.21 and 
do not create new FIP obligations.
    We are also disapproving all jurisdictions in Arizona for the 
visibility-related requirements of section 110(a)(2)(D)(i)(II). Because 
ADEQ, Pinal County, Maricopa County, and Pima County rely on an 
existing FIP to control sources under the Regional Haze Rule, and they 
have not demonstrated that emissions within their respective 
jurisdictions do not interfere with other states' programs to protect 
visibility, they do not meet the infrastructure SIP obligations for the 
visibility requirements of section 110(a)(2)(D)(i)(II) for the 2010 
NO<INF>2</INF> and 2010 SO<INF>2</INF> NAAQS. Because a Regional Haze 
FIP is already in place, however, this disapproval creates no new FIP 
obligations.

E. Approval of Arizona Revised Statutes Into the Arizona SIP

    The EPA is approving ARS sections 49-104(A)(3) and (B)(1) into the 
Arizona SIP in order to meet the air quality modeling and data 
submission requirements of 110(a)(2)(K) for the 2010 NO<INF>2</INF> and 
2010 SO<INF>2</INF> NAAQS, as well as for past and future NAAQS. 
Approval of ARS 49-104(A)(3) and (B)(1) into the SIP also corrects

[[Page 42217]]

deficiencies identified in previous infrastructure SIP rulemakings.\11\
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    \11\ On November 5, 2012, the EPA disapproved the CAA 
110(a)(2)(K) I-SIP element with respect to ADEQ's submittals for the 
1997 8-hour ozone and 1997 and 2006 PM<INF>2.5</INF> NAAQS (77 FR 
66398). On July 14, 2015, the EPA again disapproved this I-SIP 
element for the 2008 lead and 2008 ozone NAAQS (80 FR 40906). The 
EPA disapproved those submissions because ADEQ, Pima, Pinal, and 
Maricopa Counties did not submit adequate provisions or narrative 
information related to the 110(a)(2)(K) requirements. The EPA's 
approval of ARS sections 49-104(A)(3) and (B)(1) into the Arizona 
SIP corrects previous disapprovals found at 77 FR 66398 and 80 FR 
40906.
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F. Reclassification for Emergency Episode Planning

    Based on Arizona's 2013-2017 air quality data for Pima County, we 
are reclassifying this region from Priority II to Priority III for 
SO<INF>2</INF>.\12\ The reclassification to Priority III relieves Pima 
County from having to address the emergency episode contingency plan 
requirement to meet the infrastructure SIP requirements of section 
110(a)(2)(G) for the 2010 SO<INF>2</INF> NAAQS.\13\ Accordingly, and as 
noted above, the EPA is approving the infrastructure SIP submission for 
Pima County with respect to this requirement.
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    \12\ The EPA's May 2016 proposal to reclassify the Pima 
Intrastate AQCR to Priority III for SO<INF>2</INF> was based on 
2013-2015 data in the EPA's Air Quality System (AQS). The 2015-2017 
data in AQS and preliminary 2018 data show Pima AQCR continues to 
meet the requirements for reclassification to Priority III for 
emergency episode planning. The boundaries of the Pima Intrastate 
AQCR are described in 40 CFR 81.269. The AQS data for 2013-2017 are 
available in the docket for today's rulemaking.
    \13\ Consistent with the provisions of 40 CFR 51.153, 
reclassification of an AQCR must rely on the most recent three years 
of air quality data. The classification system for emergency episode 
plans is described in 40 CFR 51.150. See 81 FR 18766 at 18770, 
further describing the EPA's authority for a reclassification of an 
AQCR. Regions classified Priority I, IA, or II are required to have 
SIP-approved emergency episode contingency plans, while those 
classified Priority III are not required to have emergency episode 
contingency plans.
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IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
state, local, or tribal governments, or to the private sector, will 
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because 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, and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not impose additional 
requirements beyond those imposed by state law.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    The EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

L. Petitions for Judicial Review

    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 22, 2018. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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, Nitrogen dioxide, Reporting and 
recordkeeping requirements, and Sulfur dioxide.

    Dated: July 31, 2018.
Michael Stoker,
Regional Administrator, Region IX.
    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

[[Page 42218]]

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart D--Arizona

0
2. Section 52.120 paragraph (e) is amended by:
0
a. In Table 1, adding three entries after the entry ``Arizona State 
Implementation Plan Revision under Clean Air Act Section 110(a)(1) and 
(2); 2008 8-hour Ozone NAAQS, excluding the appendices''; and
0
b. In Table 3 by adding an entry for ``49-104, subsections (A)(3) and 
(B)(1) only'' after the entry for ``49-104, subsections (A)(2), (A)(4), 
(B)(3), and (B)(5) only''.
    The additions read as follows:


Sec.  52.120  Identification of plan.

* * * * *
    (e) * * *

                                           Table 1--EPA-Approved Non-Regulatory and Quasi-Regulatory Measures
                           [Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                        Applicable
                                       geographic or       State submittal
      Name of SIP provision         nonattainment  area          date                   EPA approval date                        Explanation
                                     or title/subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                             The State of Arizona Air Pollution Control Implementation Plan
--------------------------------------------------------------------------------------------------------------------------------------------------------
                           Clean Air Act Section 110(a)(2) State Implementation Elements (Excluding Part D Elements and Plans
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona State Implementation Plan  State-wide..........  January 18, 2013...  August 21, 2018, [INSERT Federal      Adopted by the Arizona Department of
 Revision under Clean Air Act                                                  Register CITATION].                   Environmental Quality on January
 Section 110(a)(1) and (2);                                                                                          18, 2013.
 Implementation of the 2010 NO2
 National Ambient Air Quality
 Standards, excluding the
 appendices.
Arizona State Implementation Plan  State-wide..........  July 23, 2013......  August 21, 2018, [INSERT Federal      Adopted by the Arizona Department of
 Revision under Clean Air Act                                                  Register CITATION].                   Environmental Quality on July 23,
 Section 110(a)(1) and (2);                                                                                          2013.
 Implementation of the 2010 SO2
 National Ambient Air Quality
 Standards, excluding the
 appendices.
Arizona State Implementation Plan  State-wide..........  December 3, 2015...  August 21, 2018, [INSERT Federal      Adopted by the Arizona Department of
 Revision under Clean Air Act                                                  Register CITATION].                   Environmental Quality on December
 Section 110(a)(1) and (2);                                                                                          3, 2015.
 Implementation of the 2008 ozone
 and 2010 NO2 National Ambient
 Air Quality Standards,
 excluding:
    (i) The submission in
     Enclosure 1 titled ``SIP
     Revision: Clean Air Act
     Section 110(a)(2)(D) 2008
     Ozone National Ambient Air
     Quality Standards Air
     Quality Division'' dated
     December 3, 2015;
    (ii) All appendices in
     Enclosure 1; and Enclosure
     2.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and Plans), Part
  D Elements and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson
  Areas.

* * * * *

                                                 Table 3--EPA-Approved Arizona Statutes--Non-Regulatory
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           State submittal
          State citation               Title/subject             date                   EPA approval date                        Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                ARIZONA REVISED STATUTES
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Title 49 (The Environment)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Chapter 1 (General Provisions)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Article 1 (Department of Environmental Quality)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 

[[Page 42219]]

 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
49-104 subsections (A)(3) and      Powers and duties of  December 3, 2015...  August 21, 2018, [INSERT Federal      Arizona Revised Statutes (Thomson
 (B)(1) only.                       the department and                         Register CITATION].                   Reuters, 2015-16 Cumulative Pocket
                                    director.                                                                        Part). Adopted by the Arizona
                                                                                                                     Department of Environmental Quality
                                                                                                                     on December 3, 2015.
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
3. Section 52.121 is revised to read as follows:


Sec.  52.121  Classification of regions.

    The Arizona plan is evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                       Classifications
        AQCR (constituent counties)        ---------------------------------------------------------------------
                                                 PM            SOX           NO2           CO            O3
----------------------------------------------------------------------------------------------------------------
Maricopa Intrastate (Maricopa)............            I           III           III             I             I
Pima Intrastate (Pima)....................            I           III           III           III             I
Northern Arizona Intrastate (Apache,                  I           III           III           III           III
 Coconino, Navajo, Yavapai)...............
Mohave-Yuma Intrastate (Mohave, Yuma).....            I           III           III           III           III
Central Arizona Intrastate (Gila, Pinal)..            I            IA           III           III           III
Southeast Arizona Intrastate (Cochise,                I            IA           III           III           III
 Graham, Greenlee, Santa Cruz)............
----------------------------------------------------------------------------------------------------------------


0
4. Section 52.123 is amended by revising paragraphs (l) through (p), 
and adding paragraphs (q) and (r) to read as follows:


Sec.  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), and (J) 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), (D)(ii), and (J) for all 
portions of the Arizona SIP.
    (o) 2008 8-hour ozone NAAQS: The SIPs submitted on October 14, 
2011, December 27, 2012, and December 3, 2015 are fully or partially 
disapproved for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(i)(II), 
D(ii), and (J) for all portions of the Arizona SIP.
    (p) 2008 Lead (Pb) NAAQS: The SIPs submitted on October 14, 2011 
and December 27, 2012 are fully or partially disapproved for Clean Air 
Act (CAA) elements 110(a)(2)(C), (D)(ii), and (J) for all portions of 
the Arizona SIP.
    (q) 2010 Nitrogen Dioxide NAAQS: The SIPs submitted on January 18, 
2013 and December 3, 2015 are fully or partially disapproved for CAA 
elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for all portions of 
the Arizona SIP.
    (r) 2010 Sulfur Dioxide NAAQS: The SIPs submitted on July 23, 2013 
and December 3, 2015 are fully or partially disapproved for CAA 
elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for all portions of 
the Arizona SIP.

[FR Doc. 2018-17931 Filed 8-20-18; 8:45 am]
BILLING CODE 6560-50-P


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