[Federal Register: November 13, 2002 (Volume 67, Number 219)]
[Rules and Regulations]
[Page 68764-68767]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13no02-9]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[AZ 080-0060; FRL-7261-6]
Revisions to the Arizona State Implementation Plan, Pinal County
Air Quality Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is finalizing a full disapproval of revisions to the Pinal
County Air Quality Control District's (PCAQCDs) portion of the Arizona
State Implementation Plan (SIP). These revisions concern the
incorporation by reference of external documents into the SIP. We are
also finalizing a full approval of a revision to the PCAQCD portion of
the Arizona SIP concerning definitions and a removal of rules
previously approved in error. We are finalizing action on local rules
under the Clean Air Act as amended in 1990 (CAA or the Act).
EFFECTIVE DATE: This rule is effective on December 13, 2002.
ADDRESSES: You can inspect copies of the administrative record for this
action at EPA's Region IX office during normal business hours. You can
inspect copies of the submitted rule revisions at the following
locations:
Environmental Protection Agency, Region IX, 75 Hawthorne Street, San
Francisco, CA 94105-3901.
Environmental Protection Agency, Air Docket (6102), Ariel Rios
Building, 1200 Pennsylvania Avenue, NW., Washington DC 20460.
Arizona Department of Environmental Quality, 1110 West Washington
Street, Phoenix, AZ 85007.
Pinal County Air Quality Control District, Building F, 31 North Pinal
Street (P.O. Box 987), Florence, AZ 85232.
FOR FURTHER INFORMATION CONTACT: Al Petersen, Rulemaking Office (AIR-
4), Air Division, U.S. Environmental Protection Agency, Region IX, 75
Hawthorne Street, San Francisco, CA 94105; (415) 947-4118.
[[Page 68765]]
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
I. Proposed Action
On November 19, 2001 (66 FR 57914), EPA proposed a full disapproval
of the rules in Table 1 that were submitted for incorporation into the
Arizona SIP.
Table 1.--Submitted Rules
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Local agency Rule No. Rule title Amended Submitted
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PCAQCD.................................... 1-2-110 Adopted Documents............ 07/29/98 10/07/98
PCAQCD.................................... 1-3-130 Adopted Documents............ 05/14/97 10/07/98
PCAQCD.................................... 3-1-020 Adopted Documents............ 05/14/97 10/07/98
PCAQCD.................................... 4-1-010 Adopted Documents............ 05/14/97 10/07/98
----------------------------------------------------------------------------------------------------------------
We proposed a full disapproval because we determined that these
rules have limited enforceability due to relying on references to rules
not contained in the SIP. Our proposed action contains more information
on the rules and our evaluation.
On November 19, 2001 (66 FR 57914), EPA proposed a full approval of
the rule in Table 2 that was submitted for incorporation into the
Arizona SIP, because we believe it fulfills all relevant CAA
requirements.
Table 2.--Submitted Rule
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Local agency Rule No. Rule Title Amended Submitted
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PCAQCD................................... 1-3-140 Definitions................ 07/29/98 10/07/98
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On November 19, 2001 (66 FR 57914), EPA proposed the removal from
the Arizona SIP of rules in Table 3 that were originally approved in
error.
Table 3.--Rules for Removal From the SIP
[Previously Approved on April 9, 1996 (61 FR 15717), as Clarified on December 20, 2000 (65 FR 79742]
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Local agency Rule No. Rule title Amended Submitted
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PCAQCD.................................... 1-3-130 Adopted Documents............ 10/12/95 11/27/95
PCAQCD.................................... 3-1-020 Adopted Documents............ 06/29/93 11/27/95
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We proposed removing these rules from the SIP because we determined
that these rules have limited enforceability due to relying on
references to rules not contained in the SIP. Our proposed action
contains more information on the rules and our evaluation.
II. Public Comments and EPA Responses
EPA's proposed action provided a 30-day public comment period.
During this period, we did not receive any comments.
III. EPA Action
No comments were submitted that change our assessment of the rules
as described in our proposed action. Therefore, as authorized in
sections 110(k)(3) and 301(a), EPA is finalizing a full disapproval of
Rules 1-2-110, 1-3-130, 3-1-020, and 4-1-010. As a result, these rules
will not be in the Arizona SIP and sanctions will not be imposed under
section 179 of the CAA as described in 59 FR 39832 (August 4, 1994).
As authorized in sections 110(k)(3) and 301(a) of the CAA, EPA is
finalizing a full approval of Rule 1-3-140. This action incorporates
the submitted rule into the Arizona SIP.
As authorized in section 110(k)(6), EPA is finalizing the removal
from the Arizona SIP of Rules 1-3-130 and 3-1-020.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget has exempted this regulatory
action from Executive Order 12866, entitled ``Regulatory Planning and
Review.''
B. Executive Order 13211
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
C. Executive Order 13045
Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997), applies to any rule that: (1) is determined to be ``economically
significant'' as defined under Executive Order 12866, and (2) concerns
an environmental health or safety risk that EPA has reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, the Agency must evaluate the environmental
health or safety effects of the planned rule on children, and explain
why the planned regulation is preferable to other potentially effective
and reasonably feasible alternatives considered by the Agency.
This rule is not subject to Executive Order 13045 because it does
not involve decisions intended to mitigate environmental health or
safety risks.
D. Executive Order 13132
Executive Order 13132, entitled Federalism (64 FR 43255, August 10,
1999) revokes and replaces Executive Orders 12612, Federalism and
12875, Enhancing the Intergovernmental Partnership. Executive Order
13132 requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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
[[Page 68766]]
various levels of government.'' Under Executive Order 13132, EPA may
not issue a regulation that has federalism implications, that imposes
substantial direct compliance costs, and that is not required by
statute, unless the Federal government provides the funds necessary to
pay the direct compliance costs incurred by State and local
governments, or EPA consults with State and local officials early in
the process of developing the proposed regulation. EPA also may not
issue a regulation that has federalism implications and that preempts
State law unless the Agency consults with State and local officials
early in the process of developing the proposed regulation.
This rule 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, as specified in Executive Order 13132, because it
merely acts on a state rule implementing a federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. Thus, the
requirements of section 6 of the Executive Order do not apply to this
rule.
E. Executive Order 13175
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
This final rule does not have tribal implications. It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this rule.
F. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
EPA's disapproval of the state request under section 110 and
subchapter I, part D of the Clean Air Act does not affect any existing
requirements applicable to small entities. Any pre-existing federal
requirements remain in place after this disapproval. Federal
disapproval of the state submittal does not affect state
enforceability. Moreover, EPA's disapproval of the submittal does not
impose any new Federal requirements. Therefore, I certify that this
action will not have a significant economic impact on a substantial
number of small entities.
Moreover, due to the nature of the Federal-State relationship under
the Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
G. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
private sector, of $100 million or more. Under section 205, EPA must
select the most cost-effective and least burdensome alternative that
achieves the objectives of the rule and is consistent with statutory
requirements. Section 203 requires EPA to establish a plan for
informing and advising any small governments that may be significantly
or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action acts on pre-
existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
H. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
EPA believes that VCS are inapplicable to today's action because it
does not require the public to perform activities conducive to the use
of VCS.
I. Submission to Congress and the Comptroller General
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. EPA will submit a report containing this rule 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 rule is not a ``major'' rule as defined by 5 U.S.C.
804(2).
J. 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 January 13, 2003. 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 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,
[[Page 68767]]
Reporting and recordkeeping requirements.
Dated: August 2, 2002.
Laura Yoshii,
Deputy Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart D--Arizona
2. Section 52.120 is amended by adding paragraph (c)(84)(i)(G),
(c)(84)(i)(H), and (c)(107) to read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
(84) * * *
(i) * * *
(G) Previously approved on April 9, 1996 in paragraph (c)(84)(i)(A)
of this section and now deleted without replacement, Rule 3-1-020.
(H) Previously approved on April 9, 1996 in paragraph (c)(84)(i)(D)
of this section and now deleted without replacement, Rule 1-3-130.
* * * * *
(107) Amended rules for the following agency were submitted on
October 7, 1998 by the Governor's designee.
(i) Incorporation by reference.
(A) Pinal County Air Quality Control District.
(1) Rule 1-3-140, adopted on June 29, 1993 and amended on July 29,
1998.
* * * * *
3. Section 52.133 is amended by adding paragraphs (f) and (g) to
read as follows:
Sec. 52.133 Rules and regulations.
* * * * *
(f) Rules 1-3-130 and 3-1-020 submitted on November 27, 1995 of the
Pinal County Air Quality Control District regulations have limited
enforceability because they reference rules not contained in the
Arizona State Implementation Plan. Therefore, these rules are removed
from the Arizona State Implementation Plan.
(g) Rules 1-2-110, 1-3-130, 3-1-020, and 4-1-010 submitted on
October 7, 1998 of the Pinal County Air Quality Control District
regulations have limited enforceability because they reference rules
not contained in the Arizona State Implementation Plan. Therefore,
these rules are disapproved.
[FR Doc. 02-28351 Filed 11-12-02; 8:45 am]
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