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[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Proposed Rules]
[Pages 23527-23529]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09288]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0194; FRL- 9804-7]

Revisions to the Arizona State Implementation Plan, Maricopa 
County Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the Maricopa County 
Area portion of the Arizona State Implementation Plan (SIP). These 
revisions concern particulate matter (PM10) emissions from 
fugitive dust sources. We are approving local statutes that regulate 
these emission sources under the Clean Air Act as amended in 1990 (CAA 
or the Act). We are taking comments on this proposal and plan to follow 
with a final action.

DATES: Any comments must arrive by May 20, 2013.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2013-0194, 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 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.
    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. 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: Robert Marinaro, (415) 972-3019, 
marinaro.robert@epa.gov or Nancy Levin, (415) 972-3848, 
levin.nancy@epa.gov, EPA Region IX,

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

Table of Contents

I. The State's Submittal
    A. What statutes did the State submit?
    B. Are there other versions of these statutes?
    C. What is the purpose of the submitted statutes?
II. EPA's Evaluation and Action
    A. How is EPA evaluating these statutes?
    B. Do the statutes meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Statutes
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What statutes did the State submit?

    Table 1 lists the statutes addressed by this proposal with the 
dates that they were adopted and submitted by the Arizona Department of 
Environmental Quality (ADEQ).

[[Page 23528]]

                                           Table 1--Submitted Statutes
----------------------------------------------------------------------------------------------------------------
        Local agency                 Statute No.               Statute title          Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
ADEQ.......................  9-500.04...................  Air Quality Control;          07/02/07        05/25/12
                                                           Definitions.
ADEQ.......................  11-877.....................  Air Quality Control           07/02/07        05/25/12
                                                           Measures.
ADEQ.......................  49-457.01..................  Leaf Blower Use               07/02/07        05/25/12
                                                           Restrictions and
                                                           Training; Leaf Blower
                                                           Equipment Sellers;
                                                           Informational
                                                           Material; Outreach;
                                                           Applicability.
ADEQ.......................  49-474.01..................  Additional Board              07/02/07        05/25/12
                                                           Duties in Vehicle
                                                           Emissions Control
                                                           Areas; Definitions.
ADEQ.......................  49-474.05..................  Dust Control;                 07/02/07        05/25/12
ADEQ.......................  49-474.06..................   Training; Site               07/02/07        05/25/12
                                                           Coordinators.
                                                          Dust Control;
                                                           Subcontractor
                                                           Registration; Fee.
----------------------------------------------------------------------------------------------------------------

    On July 20, 2012 EPA determined that the submittal for Maricopa 
County, Statutes: 9-500.04, 11-877, 49-457.01, 49-474.01, 49-474.05, 
and 49-474.06 met the completeness criteria in 40 CFR Part 51 Appendix 
V, which must be met before formal EPA review.

B. Are there other versions of these statutes?

    There are no previous versions of statutes 9-500.04, 11-877, 49-
457.01, 49-474.01, 49-474.05, and 49-474.06 in the SIP, although ADEQ 
adopted these statutes on July 2, 2007. ADEQ submitted them to us on 
December 21, 2007; however, they were consequently withdrawn on January 
25, 2011 and then resubmitted on May 25, 2012.

C. What is the purpose of the submitted statutes?

    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.
    Statute 9-500.04 requires municipalities to stabilize certain 
unpaved roads, alleys, and unpaved shoulders. Additionally, it requires 
the stabilization of parking and traffic areas and restricts parking 
and vehicle use on unpaved or unstabilized vacant lots.
    Statute 11-877 mandates counties to develop, implement, and enforce 
air quality control measures that prohibit any person from operating 
leaf blowers on any high pollution advisory day except while in vacuum 
mode.
    Statute 49-457.01 prohibits the use of leaf blowers to blow 
landscape debris into public roadways and limits their use to 
stabilized surfaces. It also mandates the County to produce and 
distribute materials to educate operators for the purpose of minimizing 
entrained dust.
    Statute 49-474.01 requires counties, densely populated areas, and 
serious nonattainment areas to stabilize certain unpaved roads, 
parking, and traffic areas. Additionally, it restricts parking and 
vehicle use on unpaved or unstabilized vacant lots and requires 
certified street sweepers.
    Statute 49-474.05 requires counties, densely populated areas, and 
serious nonattainment areas to have an air pollution control officer 
(APCO) to develop and implement training programs. Additionally, it 
requires an on-site dust control coordinator who has full authority to 
ensure implementation of dust control measures.
    Statute 49-474.06 requires subcontractors in counties, densely 
populated areas, and serious nonattainment areas engaging in dust 
generation operations to register with the APCO. The APCO may also 
establish registration fees.
    EPA's technical support documents (TSD) have more information about 
these statutes.

II. EPA's Evaluation and Action

A. How is EPA evaluating the statutes?

    Generally, SIP measures must be enforceable (see section 110(a) of 
the Act) and must not relax existing requirements (see sections 110(l) 
and 193).
    Guidance and policy documents that we use to evaluate 
enforceability 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.
    6. State of Arizona Senate Bill 1552, Adopted July 2, 2007.
    7. A Report of the California Legislature on the Potential 
Health and Environmental Impacts of Leaf Blowers, California Air 
resources Board, February 2000.

B. Do the statutes meet the evaluation criteria?

    We believe these statutes are consistent with the relevant policy 
and guidance regarding enforceability and SIP relaxations. The TSDs 
have more information on our evaluation.

C. EPA Recommendations To Further Improve the Statutes

    The TSDs describe additional revisions that we recommend for the 
next time the local agency modifies the statutes but are not currently 
the basis for rule disapproval. This is particularly the case with the 
leaf blower statutes: 11-877 and 49-457.01.

D. Public Comment and Final Action

    Because EPA believes the submitted statutes fulfill all relevant 
requirements, we are proposing to fully approve them as described in 
section 110(k)(3) of the Act. We will accept comments from the public 
on this proposal for the next 30 days. Unless we receive convincing new 
information during the comment period, we intend to publish a final 
approval action that will incorporate these statutes 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 proposed action merely proposes to approve State law 
as meeting Federal requirements and does not impose additional 
requirements

[[Page 23529]]

beyond those imposed by State law. For that reason, this proposed 
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 proposed action 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Particulate matter, Reporting and recordkeeping 
requirements.

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

    Dated: April 9, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2013-09288 Filed 4-18-13; 8:45 am]
BILLING CODE 6560-50-P
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