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Citation: 77 Fed. Reg. 21911 2012

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### Federal Register/Vol. 77, No. 71/Thursday, April 12, 2012/Proposed Rules

exception, the proposed revisions to 25 Pa. Code 127, Subchapter B meet or exceed Federal requirements. EPA is proposing to grant limited approval to the Pennsylvania SIP revision, which

was submitted on April 14, 2009. EPA is soliciting public comments onthe issues discussed inthis document. These comments will be considered before taking final action.

IV. Statutory andExecutive Order Reviews

Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions ofthe CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role isto approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposedby state law. For that reason, this proposed action:

* Is not a "significant regulatory action" subject to reviewby the Office ofManagement and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

* Does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act (44 U.S.C. 3501 etseq.);

* Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5U.S.C. 601 etseq.);

* Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of1995 (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 actionbased onhealth 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 (66FR 28355, May 22, 2001);

* Is not subject to requirements of Section 12(d) ofthe National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application ofthose 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,this proposed action regarding streamlining amendments to Pennsylvania's plan approval process does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to applyin Indian country located in the state, and EPA notes that itwill not impose substantial direct costs on tribal governments or preempt tribal law.

List of Subjects in40 CFRPart52

Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

Authority: 42 U.S.C. 7401 etseq.
Dated: March 28, 2012. W.C. Early, ActingRegionalAdministrator, RegionIlL
[FRDoe. 2012-8852 Filed4-11-12; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52 [EPA-R09-OAR-2012-0244; FRL-9657-9]
Approval and Promulgation of Implementation Plans; State of Arizona; Prevention ofAir Pollution Emergency Episodes

AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve the State Implementation Plan (SIP) revision submitted by the State of Arizona to address the requirements regarding air pollution emergency episodes in Clean Air Act (CAA or Act) section 110(a)(2)(G). Section 110(a)(2)(G) ofthe Act requires thateach SIP provide for authority comparable to that in section 303 ofthe Act and adequate contingency plans to implement such authority. EPA is proposing to approve Arizona's SIP revision as meeting the authority and contingency plans for the 1997 8-hour

ozone National Ambient Air Quality Standards (NAAQS or standards). DATES: Written comments must be received on orbefore May 14, 2012. ADDRESSES: Submit your comments, identified by Docket ID Number EPAR09-OAR-2012-0244, by one of the following methods:

1.http://www.regulations.gov: Follow the on-line instructions for submitting
comments.

2. Email:buss.jeffrey@epa.gov.
3.Fax:415-947-3579. 4. Mailordeliver:Jeffrey Buss (AIR2), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901. Deliveries are only accepted during the Regional Office's normal hours of operation.

Instructions: All comments will be included in the public docket without change and maybe made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI)

orother information whose disclosure is restricted by statute. Information that
you consider CBI or otherwise protected shouldbe clearly identified as such and should not be submitted through http://www.regulations.govor email. http://www.regulations.govis an anonymous access system, and EPA will
not know your identity or contact information unless you provide itin the body ofyour comment. Ifyou send email directly to EPA,your email address will be automatically captured andincluded as part ofthe public
comment. IfEPA 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 docketfor this action are available electronically at www.regulations.gov andin 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 maynot be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normalbusiness hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, Air Planning Office (AIR2), U.S. Environmental Protection Agency, Region IX, (415) 947-4152, buss.jeffrey@epa.gov.

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

Table ofContents

I.Background 

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II. EPA's Evaluation ofthe SIP Revision

A. SIPProcedural Requirements B. Substantive Emergency Episode Plan

Requirements C. Sections 110(1) and 193 ofthe Act II. EPA's Proposed Action IV. Statutory and Executive Order Reviews

I. Background

On July 18, 1997, EPA promulgated revised primary and secondary NAAQS for ozone which set the acceptable level ofozone in the ambient air at 0.08parts per million (ppm), averaged over an 8- hour period. 62 FR 38856; 40 CFR 50.10. This proposed action is in response to the promulgation ofthese ozone standards.

Section 110(a)(1) ofthe CAA requires
states to submit SIPs to address a new

orrevised NAAQS within three years afterpromulgation ofsuch standards, or within such shorter period as EPA may prescribe. Section 110(a)(2) lists the elements thatthese SIPs must address,

as applicable, including section 110(a)(2)(G) regarding authority to address air pollution emergency episodes and adequate contingency plans to implement such authority (EmergencyEpisode Plans). EPA last approved an Emergency Episode Plan requirement into the Arizona SIP on September 28, 1982 (47 FR 42572).

On October 2, 2007, EPA issued a guidance memorandum thatprovides recommendations to states for making submissions tomeet, among other things, therequirements of section 110(a)(2)(G) for the 1997 8-Hour ozone standards. SeeMemorandum from William T. Harnett, EPA Air Quality Policy Division, to Air Division Directors, Regions I-X, "Guidance on SIP Elements Required Under Sections 110(a)(1) and (2)for the 1997 8-hour Ozone and PM2. 5National Ambient Air Quality Standards," October 2,2007 (2007 Guidance).

This proposed action addresses only Arizona's submittal to satisfy the Emergency Episode Plan requirements ofCAA section 110(a)(2)(G) and does
not apply to the remaining "infrastructure" SIP elements ofCAA section 110(a)(2) for the 1997 8-hour

ozone NAAQS. We intend to evaluate and act upon Arizona's SIP submittal addressing these additional requirements ofCAA section 110(a)(2) for the 1997 8-hour ozone NAAQS in separate actions.

II. EPA'sEvaluation ofthe SIP Revision

A. SIPProcedural Requirements
CAA sections 110(a)(1) and (2)and section 110(1) require that each revision
to a SIP be adopted bythe state after reasonable notice and public hearing. EPA haspromulgated specific procedural requirements for SIP revisions in 40 CFR part 51, subpart F. These requirements include publication ofnotices, by prominent advertisement in the relevant geographic area, ofa public hearing on the proposed revisions, a public comment period ofat least 30 days, and an opportunity for a public hearing. OnAugust 15, 1994, the Arizona Department ofEnvironmental Quality (ADEQ) submitted section 220 of Chapter 2,Title 18 ofthe Arizona Administrative Code (R18-2-220), "Air pollution emergency episodes" (hereafterreferred to as "Arizona Emergency Episode Plan") toEPA for approval as part ofthe Arizona SIP.1 ADEQ's August 15, 1994 submittal includes public process documentation for the Arizona Emergency Episode Plan, among other regulations. In addition, the SIP revision includes documentation ofa duly noticed public hearing held on August 9, 1994 on the proposed version ofthe Arizona Emergency Episode Plan. We find that the process followed by ADEQin adopting the Arizona Emergency Episode Plan complies with the procedural requirements for SIP revisions under CAA section 110 and EPA's implementing regulations.

B. SubstantiveEmergencyEpisodePlan Requirements
Section 110(a)(2)(G) ofthe CAA requires that each SIP provide for authority comparable to thatin CAA section 303 ("Emergency Powers") and adequate contingency plans to implement such authority. EPA's implementing regulations in 40 CFR part 51, subpart H ("Prevention ofAir Pollution Emergency Episodes"), establish a "priority" classification system under which each region in a state isclassified separately for each of the following criteria pollutants,based

on ambient concentrations ofthe pollutant: sulfur dioxide (SO), particulate matter of 10 microns or less (PM 1 o), carbon monoxide (CO), nitrogen dioxide (NO2), and ozone. Subpart H specifies therequirements that each contingency plan must meet, based on the priority classification ofthe area in

1See transmittal letter dated August 15, 1994, from Edward Z. Fox,Director, ADEQ, to Felicia Marcus, Regional Administrator, U.S. EPA Region IX,withattachments. Wenotethat althoughthe subject lineofthetransmittal letter identifies this SIP submittalas relatedto "New Source Review and Prevention of SignificantDeterioration (NSR/ PSD) Program for MajorSources and Major Modifications andNew Source Review(NSR)for Minor Sources," Attachment 6ofthis submittal includes theArizona Emergency EpisodePlan, whichisnotrelatedtoNSR orPSD. which itapplies. See40 CFR 51.152. Subpart H also requires that each contingency plan for a "priority I" area provide, ata minimum, for taking action necessary toprevent ambient pollutant concentrations at any location in such region from reaching specified "significant harm levels" (SHL). 40 CFR 51.151. The SHL for ozone is 1,200 micrograms per cubic meter (gg/m 3)or 0.6 ppm over a 2-hour average. Id.

EPA's 2007 Guidance addressed, among other things, the CAA section 110(a)(2)(G) requirements for the 1997 8-hour ozone NAAQS. The 2007 Guidance stated thatthe SHL for the 1997 8-hour ozone NAAQS would remain unchanged as 0.60 ppm over a 2-hour average, as indicated in40 CFR section 51.151, and thatthe existing ozone-related provisions of40 CFRpart 51, subpart Hremained appropriate for
purposes ofimplementing the 1997 8- hour ozone standard. See 2007 Guidance at 5.We have evaluated the Arizona Emergency Episode Plan in accordance with the requirements of40 CFR part 51, subpart H, as applicable for

ozone purposes, consistent with EPA's recommendations in the 2007 Guidance. Based on this evaluation, we propose to fully approve the Arizona Emergency Episode Plan as satisfying the requirements ofCAA section 110(a)(2)(G) and 40 CFR part 51, subpart H, for the 1997 8-hour ozone NAAQS. Our technical support document (TSD), which is available inthe docket for today's proposed rule, contains a more detailed discussion ofour evaluation.

C.Sections110() and 193 oftheAct

Section 110(1) ofthe Act prohibits EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other applicable requirement ofthe Act. Section 193 ofthe Act prohibits the modification, in a nonattainment area, ofany SIP-approved control requirement in effect before November 15, 1990, unless the modification "insures equivalent or greater emissions reductions ofsuch air pollutant."

The Arizona Emergency Episode Plan is substantively identical to the CAA section 110(a)(2)(G) rule currently approved into Arizona's SIP (R9-3-219, "Air pollution emergency episodes"), which EPA approved in 1982 (47 FR 42572, September 28, 1982), with one exception which makes it more stringent than the SIP program. We propose to determine that our approval ofthis submittal would comply with CAA section 110(1), because the proposed SIP revision would not interfere with the ongoing process for 

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### Federal Register/Vol. 77, No. 71/Thursday, April 12, 2012/Proposed Rules

ensuring thatrequirements for RFP and attainment ofthe NAAQS are met, and the submitted SIP revision is more stringent than the rule previously approved into the SIP. We also propose to determine that our approval ofthe submittal would comply with CAA section 193, to the extent it applies, because the SIP revision would insure equivalent or greater emission reductions ofozone precursors compared to the SIP-approved rule. Our TSD contains a more detailed discussion ofour evaluation.

III. EPA'sProposed Action

Under section 110(k) ofthe Clean Air Act, EPA is proposingto approve the SIP revision submittedby ADEQ on August 15, 1994, as meeting all applicable requirements ofthe CAA and EPA's regulations for the 1997 8-hour

ozone NAAQS.

EPA is soliciting public comments on this proposal and will accept comments until the date noted in the DATES section above.

IV. Statutory andExecutive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions ofthe Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role isto approve state choices, provided thatthey meet the criteria ofthe CleanAir Act. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposedby state law. For that reason, this proposed action:

* Is not a "significant regulatory action" subject to reviewby the Office ofManagement and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

* Does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act (44 U.S.C. 3501 etseq.);

* Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5U.S.C. 601 etseq.);

* Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of1995 (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 actionbased on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

* Is not a significant regulatory action subject toExecutive Order 13211 (66 FR 28355, May 22, 2001);

* Is not subject to requirements of Section 12(d) ofthe National Technology Transfer and Advancement Act of1995 (15 U.S.C. 272 note)because application ofthose requirements would be inconsistent with the Clean Air Act; 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,this proposed rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is
not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct
costs ontribal governments or preempt tribal law.

List of Subjects in40 CFRPart52

Air pollution control, Environmental protection, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

Authority: 42 U.S.C. 7401 etseq. Dated: March 29, 2012. KeithTakata, ActingRegionalAdministrator, RegionIX.
[FRDoe. 2012-8837 Filed4-11-12; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52 [EPA-R09-OAR-2012-0228; FRL-9657-5]
Approval and Promulgation of State Implementation Plans; Hawaii; Infrastructure Requirements forthe 1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter National Ambient AirQuality Standards

AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.

SUMMARY: EPAproposes topartially approve and partially disapprove a State Implementation Plan (SIP) revision submitted by the State ofHawaii pursuant tothe requirements ofSection 110(a)(1) and (2)ofthe Clean Air Act (CAA) for the 1997 8-hour ozone national ambient air quality standards (NAAQS) and the 1997 and 2006 NAAQS for fine particulate matter (PM2. 5). Section 110(a) ofthe CAA requires that each State adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by theEPA. On December 14, 2011, the Hawaii Department ofHealth (HDOH) submitted arevision to Hawaii's SIP, which describes the State's provisions for implementing, maintaining, and enforcing standards listed above. We are taking comments on this proposal and plan to follow with a final action. DATES: Written comments must be received on orbefore May 14, 2012. ADDRESSES: Submit your comments, identified by Docket ID Number EPAR09-OAR-2012-0228, by one ofthe following methods:

1.http://www.regulations.gov: Follow the on-line instructions for submitting
comments.

2. Email:richmond.dawn@epa.gov. 3.Fax:415-947-3579. 4. Mailordeliver:Dawn Richmond, Air Planning Office (AIR-2),U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901. Deliveries

are only accepted during the Regional Office's normal hours ofoperation.

Instructions: All comments will be included in the public docket without change and maybe made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI)

orother information whose disclosure is restricted by statute. Information that
you consider CBI or otherwise protected shouldbe clearly identified as such and should not be submitted through http://www.regulations.govor email. http://www.regulations.govis an anonymous access system, and EPA will
not know your identity or contact information unless you provide itin the body ofyour comment. Ifyou send email directly to EPA,your email address will be automatically captured andincluded as part ofthe public
comment. IfEPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment.

Docket:The index to the docket for this action is available electronically at http://www.regulations.govand in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information maybe 

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