[Federal Register: August 24, 2004 (Volume 69, Number 163)]
[Rules and Regulations]
[Page 51952-51953]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24au04-12]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[AZ 126-0074a; FRL-7789-9]
Revisions to the Arizona State Implementation Plan, Arizona
Department of Environmental Quality
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is finalizing approval of revisions to the Arizona
Department of Environmental Quality (ADEQ) portion of the Arizona State
Implementation Plan (SIP). These revisions were proposed in the Federal
Register on April 22, 2004, and concern opacity standards related to
particulate matter (PM-10) emissions from industrial processes. We are
approving local rules that regulate these emission sources under the
Clean Air Act as amended in 1990 (CAA or the Act).
EFFECTIVE DATE: This rule is effective on September 23, 2004.
ADDRESSES: You can inspect copies of the administrative record for this
action at EPA's Region IX office during normal business hours by
appointment. You can inspect copies of the submitted SIP revisions by
appointment at the following locations:
Environmental Protection Agency, Region IX, 75 Hawthorne Street,
San Francisco, CA 94105.
Air and Radiation Docket and Information Center, U.S.
Environmental Protection Agency, (Mail Code 6102T), Room B-102, 1301
Constitution Avenue, NW., Washington, DC 20460.
Arizona Department of Environmental Quality, 1110 West
Washington Street, Phoenix, AZ 95007.
A copy of the rules may also be available via the Internet at
http://www.sosaz.com/public_services/Title_18/18-02.htm. Please be
advised that this is not an EPA Web site and may not contain the same
version of the rule that was submitted to EPA.
FOR FURTHER INFORMATION CONTACT: Al Petersen, Rulemaking Office (AIR-
4), U.S. Environmental Protection Agency, Region IX, (415) 947-4118,
petersen.alfred@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
I. Proposed Action
On April 22, 2004 (69 FR 21797), EPA proposed to approve the
following rules into the Arizona SIP.
Table 1.--Submitted Rules
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Local agency Rule No. Rule title Amended Submitted
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ADEQ...................... R18-2-101 (paragraphs Definitions [``existing 11/15/93 01/16/04
41 and 111). source'' and ``stationary
source''].
ADEQ...................... R18-2-702.............. General Provisions [Visible 12/26/03 01/16/04
Emissions].
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We proposed to approve these rules because we determined that they
complied with the relevant CAA requirements. 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 received no comments on the proposed action.
III. EPA Action
No comments were submitted that change our assessment that the
submitted rules comply with the relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the CAA, EPA is fully approving
these rules into the Arizona SIP.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by State law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under State law and does
not impose any additional enforceable duty beyond that required by
State law, it 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, 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 by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does 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 (64
FR 43255, August 10, 1999). This action merely approves 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. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement
[[Page 51953]]
for the State to use voluntary consensus standards (VCS), EPA has no
authority to disapprove a SIP submission for failure to use VCS. It
would thus be inconsistent with applicable law for EPA, when it reviews
a SIP submission, to use VCS in place of a SIP submission that
otherwise satisfies the provisions of the Clean Air Act. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule
does not impose an information collection burden under the provisions
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
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 October 25, 2004. 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 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, Particulate matter, Reporting
and recordkeeping requirements.
Dated: July 8, 2004.
Wayne Nastri,
Regional Administrator, Region IX.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart D--Arizona
0
2. Section 52.120 is amended by adding paragraph (c)(115) to read as
follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
(115) Amended regulations were submitted on January 16, 2004, by
the Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) Rule 18-2-101 (Paragraphs 41 and 111), amended on November 15,
1993 and Rule R-18-2-702, amended on December 26, 2003.
* * * * *
[FR Doc. 04-19231 Filed 8-23-04; 8:45 am]
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