Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Proposed Rules 2305 

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). 

In addition, 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 as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

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: December 20, 2016. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

[FR Doc. 2017–00162 Filed 1–6–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR- 2016–0702; FRL–9957–95- 

Region 9] 

Approval of Arizona Air Plan 

Revisions, Arizona Department of 

Environmental Quality and Pinal 

County Air Quality Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Arizona State 

Implementation Plan (SIP). These 

revisions include a state statute and 

certain state rules that govern air 

pollution sources under the Arizona 

Department of Environmental Quality 

(ADEQ) and the Pinal County Air 

Quality Control District (PCAQCD). 

These revisions concern emissions of 

particulate matter (PM) from 

construction sites, agricultural activity 

and other fugitive dust sources. We are 

proposing to approve local rules to 

regulate these emission sources under 

the Clean Air Act (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 

February 8, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2016–0702 at http://

www.regulations.gov, or via email to 

Steckel.Andrew@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

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

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

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

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Christine Vineyard, EPA Region IX, 

(415) 947–4125, vineyard.christine@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What statute and rules did the State 

submit? 

B. Are there other versions of the statute 

and rules? 

C. What is the purpose of the submitted 

rules and statute revisions? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rules and 

statute? 

B. Do the rules and statute meet the 

evaluation criteria? 

C. EPA Recommendations To Further 

Improve the Rules 

D. Public Comment and Proposed Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What statute and rules did the State 

submit? 

Table 1 lists the statute and rules 

addressed by this proposal with the 

dates that they were adopted by the 

state or local air agency and submitted 

by the ADEQ. 

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2306 Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Proposed Rules 

TABLE 1—SUBMITTED STATUTE AND RULES

Local agency Rule No. Rule title Adopted Submitted 

PCAQCD .................................. Chapter 4—Article 1 .... Fugitive Dust .................................................... 10/28/15 12/21/15 

PCAQCD .................................. Chapter 4—Article 3 .... Construction Sites—Fugitive Dust ................... 10/28/15 12/21/15 

Arizona Revised Statutes 

(ARS) 

Statute No. Statute title Effective date Submitted 

ARS .......................................... § 49–424 ...................... Duties of Department ...................................... 4/18/14 12/21/15 

Arizona Administrative Code 

(AAC) Rule No. 

AAC No. AAC title Amended/ 

effective date 

Submitted 

AAC .......................................... R18–2–210 .................. Attainment, Nonattainment, and Unclassifiable 

Area Designations.

07/01/14 12/21/15 

AAC .......................................... R18–2–610 .................. Definitions for R18–2–610.01, R18–2–610.02, 

and R18–2–610.03.

07/02/15 12/21/15 

AAC .......................................... R18–2–610.03 ............. Agricultural PM General Permit for Crop Operations; Pinal County PM Nonattainment 

Area.

07/02/15 12/21/15 

AAC .......................................... R18–2–612 .................. Definitions for R18–2–612.01 .......................... 07/02/15 12/21/15 

AAC .......................................... R18–2–612.01 ............. Agricultural PM General Permit for Irrigation 

Districts; PM Nonattainment Areas Designated After June 1, 2009.

07/02/15 12/21/15 

AAC .......................................... Appendix 2 .................. Test Methods and Protocols ........................... 07/02/15 12/21/15 

On March 21, 2016, the EPA 

determined that the submitted revisions 

from ADEQ and PCAQCD listed in 

Table 1 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 the statute 

and rules? 

There are no previous versions of 

PCAQCD Chapter 4, Articles 1 and 3 in 

the SIP. Table 2 lists versions of the 

statute and rules EPA has previously 

approved into the SIP. 

TABLE 2—SIP-APPROVED RULES

ARS Title Existing SIP-approved rule superseded by this 

action Previous approval 

§ 49–424 .......... Duties of Department ......................................... 49–424 (2011) Duties of Department ................ 77 FR 66398 11/05/12 

AAC Title Existing SIP superseded by this action Previous Approval 

R18–2–210 ...... Attainment, Nonattainment, and Unclassifiable 

Area Designations.

Attainment, Nonattainment, and Unclassifiable 

Area Designations.

79 FR 56656 

09/23/14 

Appendix 2 ....... Test Methods and Protocols .............................. Test Methods and Protocols .............................. 79 FR 56655 

09/23/15 

In addition, we note that SIPapproved rule R18–2–610, ‘‘Definitions 

for R18–2–611,’’ has the same AAC 

number as new rule R18–2–610, 

‘‘Definitions for R18–2–610.01 R18–2– 

610.02, and R18–2–610.03,’’ but is not 

superseded by the new rule. See 66 FR 

51869 (October 11, 2001). Both versions 

of R18–2–610 will be in the SIP, but can 

be differentiated by their different titles 

and dates. 

C. What is the purpose of the submitted 

rule and statute revisions? 

Particulate matter, including PM 

equal to or less than 2.5 microns in 

diameter (PM2.5) and PM equal to or less 

than 10 microns in diameter (PM10), 

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. 

PCAQCD Chapter 4, Article 1—Fugitive 

Dust 

• New rule applies to open areas/ 

vacant lots, unpaved roads, unpaved 

lots and paved public roadways. 

• Establishes a 20 percent opacity 

limit. 

• Requires no trespassing signs, 

physical barriers or other effective 

control measures upon evidence of 

trespass. 

• Limits silt content on unpaved lots 

and roads to eight percent and six 

percent respectively. 

PCAQCD Chapter 4, Article 3— 

Construction Sites—Fugitive Dust 

• New rule designed to regulate PM10

emissions attributed to construction 

activities under both stagnation and 

windy conditions. 

• Limits opacity to 20 percent. 

ARS § 49–424—Duties of Department 

• Revised rule extends the 

requirement to develop and disseminate 

air quality dust forecasts to the 

Maricopa County PM10 maintenance 

area and any other PM10 nonattainment 

or maintenance areas designated on or 

after December 31, 2011. 

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1The 1997 PM10 24-hour National Ambient Air 

Quality Standard (primary and secondary) is 150 

micrograms per cubic meter. See https://

www.epa.gov/criteria-air-pollutants/naaqs-table. 

AAC R18–2–210—Attainment, 

Nonattainment, and Unclassifiable Area 

Designations 

• Revised rule reflects updated 40 

CFR 81.303 as amended July 1, 2014. 

AAC R18–2–610—Definitions for R18– 

2–610.01, R18–2–610.02, and R18–2– 

610.03 

• New rule provides definitions for 

commercial farms general permit rule 

and applies to general permit rules in 

other specified nonattainment areas. 

AAC R18–2–610.03—Agricultural PM 

General Permit for Crop Operations; 

Pinal County PM Attainment Area 

• New menu-based rule requires a 

general permit for commercial farms in 

the Pinal County PM Nonattainment 

Area. 

• Requires implementation of at least 

one (best management practice) BMP in 

the following five categories: Tillage, 

ground operations and harvest, 

noncropland, commercial farm roads, 

and cropland. Beginning in calendar 

year 2017, and no more than once every 

subsequent three years, requires facility 

response to an ADEQ survey on BMP 

implementation. 

AAC R18–2–612—Definitions for R18– 

2–612.01 

• New rule provides definitions for 

R18–2–612.01. 

AAC R18–2–612.01—Agricultural PM 

General Permit for Irrigation Districts; 

PM Nonattainment Areas Designated 

After June 1, 2009 

• New menu-based rule requires a 

general permit for irrigation districts in 

nonattainment areas designated after 

June 1, 2009. 

• Requires implementation of at least 

one BMP in the following three 

categories: unpaved operation and 

maintenance roads, canals, and unpaved 

utility access roads. 

• Beginning in calendar year 2017, 

and no more than once every 

subsequent three years, requires 

irrigation district response to an ADEQ 

survey on BMP implementation. 

AAC Appendix 2—Test Methods and 

Protocol 

• Revised rule adds section L: 40 CFR 

51.128 Appendix A (1)(B) and section 

M: Silt Content Test Method. 

The EPA’s technical support 

documents (TSDs) have more 

information about these rules. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the statute 

and rules? 

SIP rules must be enforceable (see 

CAA section 110(a)(2)), must not 

interfere with applicable requirements 

concerning attainment and reasonable 

further progress or other CAA 

requirements (see CAA section 110(l)), 

and are limited in how they can modify 

certain SIP control requirements in 

nonattainment areas (see CAA section 

193). 

In addition, generally, SIP rules must 

implement Reasonably Available 

Control Measures (RACM), including 

Reasonably Available Control 

Technology (RACT), in moderate PM2.5/ 

PM10 nonattainment areas (see CAA 

sections 172(c)(1) and 189(a)(1)(C)). The 

PCAQCD regulates a PM10

nonattainment area classified as 

moderate for the 1987 24-hour PM10

National Ambient Air Quality Standard 

(NAAQS) (40 CFR 81. 303).1 A RACM 

evaluation is generally performed in 

context of a broader plan, so we are not 

proposing to determine whether ADEQ 

has demonstrated RACM for the Pinal 

area as part of this notice. 

Guidance and policy documents that 

we use to evaluate enforceability, 

revision/relaxation and rule stringency 

requirements for the applicable criteria 

pollutants include the following: 

1. ‘‘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). 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (the 

Bluebook, revised January 11, 1990). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

4. ‘‘PM–10 Guideline Document,’’ 

EPA 452/R–93–008, April 1993. 

5. ‘‘Fugitive Dust Background 

Document and Technical Information 

Document for Best Available Control 

Measures,’’ EPA 450/2–92–004, 

September 1992. 

B. Do the rules and statute meet the 

evaluation criteria? 

We believe these rules and statute are 

consistent with CAA requirements and 

relevant guidance and fulfill the 

evaluation criteria. The statute and rules 

are clear and contain adequate testing, 

recordkeeping and reporting 

requirements to be sufficiently 

enforceable. The statute and rules 

strengthen effective requirements (e.g., 

by strengthening/adding general permit 

rules and BMPs for agricultural 

operations) and are consistent with CAA 

section 193. The statute and rules 

generally impose RACT-level 

requirements (e.g., the revisions limit 

silt content on unpaved lots and roads 

to eight percent and six percent 

respectively) for the affected categories. 

The TSDs have more information on 

our evaluation. 

C. EPA recommendations To Further 

Improve the Rules 

The TSDs describe additional rule 

revisions that we recommend for the 

next time the state and local agency 

modifies the rules. 

D. Public Comment and Proposed 

Action 

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

the Act, the EPA proposes to fully 

approve the submitted rules and statute 

because we believe they fulfill all 

relevant requirements. We will accept 

comments from the public on this 

proposal until February 8, 2017. Unless 

we receive convincing new information 

during the comment period, we intend 

to publish a final approval action that 

will incorporate these rules and statute 

into the federally-enforceable SIP. 

III. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the PCAQCD/ADEQ rules/statute as 

described in Table 1 of this notice. The 

EPA has made, and will continue to 

make, these documents available 

electronically through 

www.regulations.gov and in hard copy 

at the appropriate EPA office (see the 

ADDRESSES section of this preamble for 

more information). 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, 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 

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2308 Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Proposed Rules 

not impose additional requirements 

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 the EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved to 

apply on any Indian reservation land or 

in any other area where the EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

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

Dated: December 20, 2016. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2017–00054 Filed 1–6–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R09–OAR–2016–0287; FRL–9957–63- 

Region 9] 

Approval of Arizona Air Plan 

Revisions; Ajo and Morenci, Arizona; 

Second 10-Year Sulfur Dioxide 

Maintenance Plans and Technical 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

the second ten-year maintenance plans 

for the Ajo and Morenci areas in 

Arizona for the 1971 National Ambient 

Air Quality Standards (NAAQS) for 

sulfur dioxide (SO2), and to correct an 

error in the description of the Ajo, 

Arizona SO2 maintenance area in the 

Code of Federal Regulations. 

DATES: Any comments on this proposal 

must arrive by February 8, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2016–0287 at http://

www.regulations.gov, or via email to 

Wienke Tax, at tax.wienke@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be removed or edited 

from Regulations.gov. For either manner 

of submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

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

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

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

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Wienke Tax, EPA Region IX, (415) 947– 

4192, tax.wienke@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. This 

proposal addresses the second ten-year 

maintenance plans submitted by the 

Arizona Department of Environmental 

Quality to address the 1971 SO2 NAAQS 

in the Ajo and Morenci maintenance 

areas, AZ. In the Rules and Regulations 

section of this Federal Register, we are 

approving these second ten-year 

maintenance plans in a direct final 

action without prior proposal because 

we believe these SIP revisions are not 

controversial. If we receive adverse 

comments, however, we will publish a 

timely withdrawal of the direct final 

rule and address the comments in 

subsequent action based on this 

proposed rule. If we receive adverse 

comment on a distinct provision of this 

rulemaking, i.e., our action regarding 

only one maintenance plan, we will 

publish a timely withdrawal in the 

Federal Register indicating which 

provisions we are withdrawing. The 

provisions that are not withdrawn, i.e., 

our approval of the other maintenance 

plan that is not the subject of an adverse 

comment, will become effective on the 

date set out above, notwithstanding 

adverse comment on the other 

maintenance plan. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: December 15, 2016. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2016–31636 Filed 1–6–17; 8:45 am] 

BILLING CODE 6560–50–P 

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