[Federal Register Volume 84, Number 133 (Thursday, July 11, 2019)]
[Rules and Regulations]
[Pages 33002-33004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14692]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0761; FRL-9996-38-Region 9]


Air Plan Approval; Arizona; Regional Haze Progress Report

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
Arizona's Regional Haze Progress Report (``Progress Report'' or 
``Report''), submitted on November 12, 2015, as a revision to its state 
implementation plan (SIP). This SIP revision addresses requirements of 
the Clean Air Act (CAA) and the EPA's rules that require states to 
submit periodic reports describing progress toward reasonable progress 
goals (RPGs) established for regional haze and a determination of 
adequacy of the state's existing regional haze plan. The EPA is 
approving the Report on the basis that it addresses the progress report 
and adequacy determination requirements for the first implementation 
period for regional haze.

DATES: This rule is effective on August 12, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2018-0761. 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, i.e., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as

[[Page 33003]]

copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available at https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Panah Stauffer, Air Planning Office 
(ARD-2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105, 
(415) 972-3247, stauffer.panah@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

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

I. Background Information

    On March 27, 2019, the EPA published a notice of proposed 
rulemaking (NPRM) proposing to approve the Progress Report submitted by 
the Arizona Department of Environmental Quality (ADEQ) on November 12, 
2015.\1\ A detailed discussion of the Report and the EPA's rationale 
for approving the SIP revision is provided in the NPRM and will not be 
restated here.
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    \1\ 84 FR 11455.
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II. Public Comment

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments.

III. Final Action

    The EPA is approving the Progress Report, submitted by ADEQ on 
November 12, 2015, as meeting the applicable requirements of the CAA 
and the federal Regional Haze Rule, as set forth in 40 CFR 51.308(g), 
as a revision to the Arizona SIP. The EPA is approving Arizona's 
determination that the existing regional haze plan is adequate to meet 
the state's visibility goals and requires no substantive revision at 
this time, as set forth in 40 CFR 51.308(h).
    We have also determined that Arizona fulfilled the requirements in 
40 CFR 51.308(i) regarding state coordination with federal land 
managers.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     is not an Executive Order 13771 regulatory action because 
this action is not significant under Executive Order 12866;
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide the 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 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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register.
    A major rule cannot take effect until 60 days after it is published 
in the Federal Register. This action is not a ``major rule'' as defined 
by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 9, 2019. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

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

    Dated: June 27, 2019.
Deborah Jordan,
Acting Regional Administrator, EPA Region IX.
    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

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.

[[Page 33004]]

Subpart D--Arizona

0
2. In Sec.  52.120 (e), amend Table 1 by adding an entry for ``Arizona 
State Implementation Plan Revision: Regional Haze 5-Year Progress 
Report'' before the entry for ``Arizona State Implementation Plan 
Revision under Clean Air Act Section 110(a)(1) and (2); Implementation 
of the 2008 Lead National Ambient Air Quality Standards, excluding the 
appendices.''
    The addition reads 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\
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                                          Applicable geographic or
       Name of SIP provision            nonattainment area or title/           State submittal date           EPA approval date         Explanation
                                                  subject
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                                             The State of Arizona Air Pollution Control Implementation Plan
                        Clean Air Act Section 110(a)(2) State Implementation Plan Elements (Excluding Part D Elements and Plans)
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                                                                      * * * * * * *
Arizona State Implementation Plan    State-wide.......................  November 12, 2015................  July 11, 2019, [Insert
 Revision: Regional Haze 5-Year                                                                             Federal Register
 Progress Report, excluding                                                                                 Citation].
 Appendix A-Public Process.
 
                                                                      * * * * * * *
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\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.

* * * * *

0
3. Section 52.145 is amended by adding paragraph (n) to read as 
follows:


Sec.  52.145   Visibility protection.

* * * * *
    (n) Approval. On November 12, 2015, the Arizona Department of 
Environmental Quality submitted the ``Arizona State Implementation Plan 
Revision: Regional Haze 5-Year Progress Report'' (``Progress Report''). 
The Progress Report meets the requirements of the Regional Haze Rule in 
40 CFR 51.308.

[FR Doc. 2019-14692 Filed 7-10-19; 8:45 a.m.]
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