Approval of Air Plan Revisions; Arizona; Rescissions and Corrections, 25608-25611 [2016-10008]
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Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations
[FR Doc. 2016–10166 Filed 4–28–16; 8:45 am]
Table of Contents
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
I. Background for Final Rule
II. Summary of Proposed Rule
III. Public Comments and EPA Responses
IV. Final Action
V. Statutory and Executive Order Reviews
we provide our response to the public
comment and take final action to
approve the rescissions of the outdated
test methods and performance test
specifications based on the proposal
published on February 11, 2016.
40 CFR Part 52
I. Background for Final Rule
II. Summary of Proposed Rule
On February 11, 2016 (81 FR 7259),
we proposed to approve revisions to the
Arizona SIP under the Clean Air Act
(CAA or ‘‘Act’’) and provided a 30-day
comment period. The revisions include
rescissions of certain statutory
provisions, administrative and
prohibitory rules, and test methods. The
EPA also proposed to correct certain
errors in previous actions on prior
revisions to the Arizona SIP and to
make certain other corrections.
On that same date, we issued a direct
final rule (81 FR 7209) taking final
action effective April 11, 2016 but
indicated that, if we received adverse
comments by the end of the comment
period, we would publish a withdrawal
of the direct final rule in the Federal
Register prior to the effective date
informing the public that the direct final
rule will not take effect. The February
11, 2016 proposed rule indicated that if
the EPA received adverse comment on
an amendment, paragraph, or section of
the direct final rule and if that provision
may be severed from the remainder of
the rule, the EPA may adopt as final
those provisions of the rule that are not
the subject of an adverse comment.
We received a timely adverse
comment on a specific test method for
which we had approved rescission and
found that our action on the test method
(and other test methods and
performance test specifications from the
same approved SIP revision submittal)
could be severed from the rest of the
rule. Thus, we published a partial
withdrawal of the direct final rule in the
Federal Register at 81 FR 19495 (April
5, 2016), affecting only the action as it
relates to the test method for which the
comment was received (and the other
test methods and performance test
specifications that were submitted and
approved on the same dates as the test
method in question). In today’s action,
In our February 11, 2016 proposed
rule (81 FR 7259), we directed
commenters to the direct final rule for
a detailed rationale for the proposed
approval of the SIP revisions and for the
proposed corrections. As such, the
following paragraphs summarize the
background information and evaluation
included in the direct final rule also
published on February 11, 2016 (81 FR
7209) as it relates to the test methods
and performance test specifications that
are the subject of this final rule.
On March 10, 2015 and January 13,
2016, the Arizona Department of
Environmental Quality (ADEQ)
submitted rescissions of certain
statutory and regulatory provisions from
the applicable Arizona SIP. Under CAA
section 110(k)(3), the EPA is obligated to
approve, disapprove, or conditionally
approve SIPs and SIP revisions,
including rescissions. As noted above,
the rescissions relate to certain statutory
provisions, administrative and
prohibitory rules, and test methods. In
our February 11, 2016 direct final rule
(81 FR 7209), we approved all of the
rescissions included in the two SIP
revisions except for certain test methods
and performance test specifications, for
which we withdrew direct final action.
In our direct final rule, we also
corrected certain errors in previous
actions on prior revisions to the Arizona
SIP and to make certain other
corrections, but because no adverse
comments were received on the
corrections, we did not withdraw any
part of the error corrections portion of
the direct final rule.
Table 1 lists the test methods and
performance test specifications the
rescission of which we withdrew direct
final action, the dates on which the EPA
approved the provisions as part of the
SIP, and the dates on which ADEQ
submitted the rescissions to the EPA.
[EPA–R09–OAR–2016–0028; FRL–9945–78–
Region 9]
Approval of Air Plan Revisions;
Arizona; Rescissions and Corrections
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the Arizona State
Implementation Plan (SIP) under the
Clean Air Act. These revisions include
rescissions of outdated test methods and
performance test specifications. The
intended effect is to rescind
unnecessary provisions from the
applicable SIP.
DATES: This final rule is effective on
May 31, 2016.
ADDRESSES: The EPA has established
docket number EPA–R09–OAR–2016–
0028 for this action. The index to the
docket is available electronically at
www.regulations.gov and 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 may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., Confidential
Business Information). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Andrew Steckel, EPA Region IX, (415)
947–4115, steckel.andrew@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
SUMMARY:
TABLE 1—ARIZONA SIP REGULATORY PROVISIONS THAT ADEQ HAS RESCINDED
Rescission
submittal date
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Regulatory provision
Title
EPA approval
Arizona Testing Manual for Air Pollutant
Emissions, Section 3.01.
Arizona Testing Manual for Air Pollutant
Emissions, Section 3.02.
Method 1 Sample and Velocity Traverses
for Stationary Sources.
Method 2 Determination of Stack Gas
Velocity and Volumetric Flow Rate
(Type S Pitot Tube).
47 FR 17483 (April 23, 1982) .....
January 13, 2016.
47 FR 17483 (April 23, 1982) .....
January 13, 2016.
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Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations
TABLE 1—ARIZONA SIP REGULATORY PROVISIONS THAT ADEQ HAS RESCINDED—Continued
Rescission
submittal date
Regulatory provision
Title
EPA approval
Arizona Testing Manual for Air Pollutant
Emissions, Section 3.02.
Method 2A Direct Measurement of Gas
Volume Through Pipes and Small
Ducts.
Method 2B Determination of Exhaust Gas
Volume Flow Rate from Gasoline
Vapor Incinerators.
Method 3 Gas Analysis for Carbon Dioxide, Excess Air, Dry Molecular Weight.
Method 3A Determination of Oxygen and
Carbon Dioxide Concentrations in
Emissions from Stationary Sources (Instrumental Analyzer Procedure).
Method 4 Determination of Moisture in
Stack Gases.
Method 5 Determination of Particulate
Emissions from Stationary Sources.
Method 6 Determination of Sulfur Dioxide
Emissions from Stationary Sources.
Method 7 Determination of Nitrogen
Oxide Emissions from Stationary
Sources.
Method 8 Determination of Sulfuric Acid
Mist and Sulfur Dioxide Emissions from
Stationary Sources.
Method 9 Visual Determination of the
Opacity of Emissions from Stationary
Sources.
Method 10 Determination of Carbon Monoxide Emissions from Stationary
Sources.
Method 13B Determination of Total Fluoride
Emissions
from
Stationary
Sources—Specific Ion Electrode Method.
Method 13 Determination of Total Fluoride
Emissions
from
Stationary
Sources—SOADNS Zirconium Lake
Method.
Method 14 Determination of Total Fluoride Emissions from Potroom Roof
Monitors for Primary Aluminum Plants.
Method 15 Determination of Hydrogen
Sulfide, Carbonyl Sulfide, and Carbon
Disulfide Emissions from Stationary
Sources.
Method 17 Determination of Particulate
Emissions from Stationary Sources (InStack Filtration Method).
Performance Specification 1: Performance specifications and specification
test procedures for transmissometer
systems for continuous measurement
of the opacity of stack emissions.
Performance Specification 2: Performance specifications and specification
test procedures for monitors of SO2
and NOX from stationary sources.
Performance Specification 3: Performance specifications and specification
test procedures for monitors of CO2
and O2 from stationary sources.
47 FR 17483 (April 23, 1982) .....
January 13, 2016.
47 FR 17483 (April 23, 1982) .....
January 13, 2016.
47 FR 17483 (April 23, 1982) .....
January 13, 2016.
47 FR 17483 (April 23, 1982) .....
January 13, 2016.
47 FR 17483 (April 23, 1982) .....
January 13, 2016.
47 FR 17483 (April 23, 1982) .....
January 13, 2016.
47 FR 17483 (April 23, 1982) .....
January 13, 2016.
47 FR 17483 (April 23, 1982) .....
January 13, 2016.
47 FR 17483 (April 23, 1982) .....
January 13, 2016.
47 FR 17483 (April 23, 1982) .....
January 13, 2016.
47 FR 17483 (April 23, 1982) .....
January 13, 2016.
47 FR 17483 (April 23, 1982) .....
January 13, 2016.
47 FR 17483 (April 23, 1982) .....
January 13, 2016.
47 FR 17483 (April 23, 1982) .....
January 13, 2016.
47 FR 17483 (April 23, 1982) .....
January 13, 2016.
47 FR 17483 (April 23, 1982) .....
January 13, 2016.
47 FR 17483 (April 23, 1982) .....
January 13, 2016.
47 FR 17483 (April 23, 1982) .....
January 13, 2016.
47 FR 17483 (April 23, 1982) .....
January 13, 2016.
Arizona Testing Manual for Air Pollutant
Emissions, Section 3.02.
Arizona Testing Manual for Air Pollutant
Emissions, Section 3.03.
Arizona Testing Manual for Air Pollutant
Emissions, Section 3.03.
Arizona Testing Manual for
Emissions, Section 3.04.
Arizona Testing Manual for
Emissions, Section 3.05.
Arizona Testing Manual for
Emissions, Section 3.06.
Arizona Testing Manual for
Emissions, Section 3.07.
Air Pollutant
Air Pollutant
Air Pollutant
Air Pollutant
Arizona Testing Manual for Air Pollutant
Emissions, Section 3.08.
Arizona Testing Manual for Air Pollutant
Emissions, Section 3.09.
Arizona Testing Manual for Air Pollutant
Emissions, Section 3.10.
Arizona Testing Manual for Air Pollutant
Emissions, Section 3.13.
Arizona Testing Manual for Air Pollutant
Emissions, Section 3.13.
Arizona Testing Manual for Air Pollutant
Emissions, Section 3.14.
Arizona Testing Manual for Air Pollutant
Emissions, Section 3.15.
Arizona Testing Manual for Air Pollutant
Emissions, Section 3.17.
Arizona Testing Manual for Air Pollutant
Emissions, Section 4.01.
Arizona Testing Manual for Air Pollutant
Emissions, Section 4.02.
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Arizona Testing Manual for Air Pollutant
Emissions, Section 4.03.
As explained in our February 11, 2016
direct final rule, in April 1982, the EPA
approved sections 3 and 4 of the
Arizona Testing Manual for Air
Pollutant Emissions (‘‘Arizona Testing
Manual’’) as a revision to the Arizona
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SIP. Section 3 of the Arizona Testing
Manual includes certain test methods
from 40 CFR part 60, appendix A, and
section 4 of the Arizona Testing Manual
includes certain performance test
specifications from 40 CFR part 60,
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appendix B. Both the test methods and
performance test methods approved into
the Arizona SIP date from the 1970s.
Over the years, the EPA’s test
methods and performance test
specifications in 40 CFR part 60 have
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been revised, and thus, the versions of
the test methods and performance test
specifications approved as part of the
Arizona SIP are outdated. Also, in
recent years, the EPA has approved two
state rules that in effect incorporate
more recent versions of the EPA’s test
methods and performance test
specifications into the Arizona SIP. See
Arizona Administrative Code (AAC)
R18–2–311 (‘‘Test Methods and
Procedures’’) and appendix 2 (‘‘Test
Methods and Protocols’’) for AAC, title
18, chapter 2.1 See 80 FR 67319
(November 2, 2015) and 79 FR 56655
(September 23, 2014). As such, the
outdated test methods and performance
test specifications approved as part of
the Arizona Testing Manual need not be
retained in the Arizona SIP. Thus, we
found ADEQ’s rescission of the outdated
test methods and performance test
specifications to be acceptable, and,
under section 110(k), we proposed to
approve the state’s rescission of them
from the Arizona SIP.
For further information about the SIP
revisions and our corresponding
evaluation, please see our direct final
rule (81 FR 7209, February 11, 2016).
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III. Public Comments and EPA
Responses
Our February 11, 2016 proposed rule
provided for a 30-day comment period.
During that period, we received a
comment from a member of the public.
Staff at EPA Region 9 contacted the
commenter to clarify this comment on
March 22, 2016. Our response to this
comment is provided below.
Comment: All legacy permits and
emission sources administered under
this [SIP] should allow the use of EPA
Method 9 and/or EPA Broadly
Applicable Alternative Method 082 for
the measurement of opacity and
evaluation of visible emissions. All new
sources regulated under this plan
should require the use of EPA
Alternative Method 082 for the
measurement of opacity and the
evaluation of visible emission sources.
People complain about what they can
see and smell and the use of digitalcamera-based visible emission
evaluation is the best means to ensure
public participation and support. The
EPA declared ASTM D7520’s Digital
Camera Opacity Technique (DCOT) the
Best Available Measurement
1 R18–2–311 provides that applicable procedures
and testing methods contained in, among other
references, 40 CFR part 60, appendices A through
F, shall be used to determine compliance with state
requirements for stationary sources. Appendix 2 for
AAC, title 18, chapter 2 incorporates by reference
40 CFR part 60 appendices revised as of July 1,
2006.
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Technology for visible emissions in the
Ferroalloy Production NESHAP rule and
this example should be followed in all
State Implementation Plans.
EPA Response: Under the existing
SIP, EPA Method 9 is already allowed
to be used. In fact, under the existing
SIP, two versions of EPA Method 9 are
approved for use: The version of EPA
Method 9 approved at 47 FR 17483
(April 23, 1982) and the updated
version of EPA Method 9 approved
through approval of AAC R18–2–311
and appendix 2 for AAC, title 18,
chapter 2, which incorporates by
reference 40 CFR part 60 appendices
(including EPA Method 9) revised as of
July 1, 2006. Our approval of the state’s
rescission of the 1982 approved version
of EPA Method 9 simply deletes that
version from the SIP. The more current
version of Method 9 continues to apply
under the SIP.
As far as alternative methods are
concerned, AAC R18–2–311, which as
noted above has been approved as part
of the Arizona SIP, does provide for
alternatives to EPA Method 9, but the
alternative method so provided for does
not include Broadly Applicable
Alternative Method 082. More
specifically, AAC R18–2–311(B)
provides that a permit may specify a
method, other than EPA Method 9, for
determining the opacity of visible
emissions from a particular emission
unit, if the method has been
promulgated by the EPA in 40 CFR part
60, appendix A. The EPA has approved
and promulgated in 40 CFR part 60,
appendix A only one alternative to
Method 9: ‘‘Alternative Method 1—
Determination of the Opacity of
Emissions from Stationary Sources
Remotely by LIDAR.’’ Thus, Alternative
Method 082 is not specifically provided
for under the Arizona SIP at the present
time.2 The rescission of an outdated
version of EPA Method 9 has no effect
on the status of Alternative Method 082
in the Arizona SIP.
We do recognize that the EPA has
approved Alternative Method 082 as an
alternative to EPA Method 9 with
certain limitations and for certain
purposes. Alternative Method 082
specifies, with certain limitations, the
use of American Society for Testing and
Materials (ASTM) D7520–09 ‘‘Standard
Test Method for Determining the
Opacity of a Plume in the Outdoor
Ambient Atmosphere’’ as an alternative
to EPA Method 9 for sources subject to
2 We note, however, that under SIP-approved
AAC R18–2–312 (‘‘Performance tests’’), data
collected using other methods, such as Alternative
Method 082 or ASTM D7520, may be used as
evidence of compliance with applicable good
maintenance and operating requirements.
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40 CFR 60, 61, and 63. See 77 FR 8865
(February 15, 2012). We also note that
the National Emissions Standards for
Hazardous Air Pollutants (NESHAPS)
for the Ferroalloys Production source
category was recently amended
following the EPA’s request for
comments on the use of new
technologies to provide continuous or
near continuous long term approaches
to monitoring emissions from industrial
sources for the Ferroalloy Production
source category. After consideration of
comments received and after evaluating
the technologies, the EPA amended the
Ferroalloys Production NESHAPS to,
among other things, replace the weekly
Method 9 opacity requirement with a
weekly requirement to measure opacity
using ASTM D7520–13 (i.e., an updated
version of ASTM D7520–9) and the
digital camera opacity technique
(DCOT) to demonstrate compliance with
the process fugitives standards. See 80
FR 37366 (June 30, 2015).
However, use of Alternative Method
082’s or ASTM D7520’s digital camera
technology by states to determine
opacity of visible emissions is not a
requirement for SIPs. The State of
Arizona could consider a revision to its
rules to allow the use of Alternative
Method 082 (for appropriate
applications and with appropriate
limitations) or the most current version
of ASTM D7520 if it chooses to do so,
as long as the use of the DCOT in lieu
of EPA Method 9 is consistent with
EPA’s approval of ASTM D7520–09 in
Alternative Method 082. We generally
support its inclusion in State programs
where appropriate. The EPA would take
action to approve or disapprove such a
revision under CAA section 110(k) if the
state were to adopt such a revision and
submit it to the EPA as a SIP revision.
IV. Final Action
Pursuant to CAA section 110(k)(3),
the EPA is approving the state’s
rescission of the outdated test methods
and performance test specifications
listed in Table 1 from the Arizona SIP
because we believe they are no longer
necessary to retain.
V. 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, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
rescinds outdated test methods and
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performance test specifications as
unnecessary to retain in the applicable
SIP 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 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, this 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.
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
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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 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 June 28, 2016.
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,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: April 15, 2016.
Jared Blumenfeld,
Regional Administrator, 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
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)(29)(i)(B) to read as
follows:
■
§ 52.120
Identification of plan.
*
*
*
*
*
(c) * * *
(29) * * *
(i) * * *
(B) Previously approved on April 23,
1982, in paragraph (c)(29)(i)(A) of this
section and now deleted without
replacement: Arizona Testing Manual
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25611
for Air Pollutant Emissions, Sections 3.0
and 4.0.
*
*
*
*
*
[FR Doc. 2016–10008 Filed 4–28–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R02–OAR–2015–0755; FRL–9945–71–
Region 2]
Approval and Promulgation of State
Plans for Designated Facilities;
Commonwealth of Puerto Rico;
Control of Emissions From Existing
Sewage Sludge Incineration Units
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the State
plan submitted by the Commonwealth
of Puerto Rico to implement and enforce
the Emission Guidelines (EG) for
existing sewage sludge incineration
(SSI) units. Puerto Rico’s plan is
consistent with the EG promulgated by
the EPA on March 21, 2011. Puerto
Rico’s plan establishes emission limits
and other requirements for the purpose
of reducing toxic air emissions and
other air pollutants from existing SSI
units throughout the Commonwealth. At
the request of Puerto Rico, the EPA is
not taking action on a provision of its
SSI plan allowing for affirmative
defenses of Clean Air Act violations in
the case of malfunctions. Puerto Rico
submitted its plan to fulfill the
requirements of sections 111(d) and 129
of the Clean Air Act.
DATES: This rule is effective on May 31,
2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R02–
OAR–2015–0755), to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
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
SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 83 (Friday, April 29, 2016)]
[Rules and Regulations]
[Pages 25608-25611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10008]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2016-0028; FRL-9945-78-Region 9]
Approval of Air Plan Revisions; Arizona; Rescissions and
Corrections
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Arizona State Implementation Plan
(SIP) under the Clean Air Act. These revisions include rescissions of
outdated test methods and performance test specifications. The intended
effect is to rescind unnecessary provisions from the applicable SIP.
DATES: This final rule is effective on May 31, 2016.
ADDRESSES: The EPA has established docket number EPA-R09-OAR-2016-0028
for this action. The index to the docket is available electronically at
www.regulations.gov and 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 may be publicly available
only at the hard copy location (e.g., copyrighted material), and some
may not be publicly available in either location (e.g., Confidential
Business Information). To inspect the hard copy materials, please
schedule an appointment during normal business hours with the contact
listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Andrew Steckel, EPA Region IX, (415)
947-4115, steckel.andrew@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Background for Final Rule
II. Summary of Proposed Rule
III. Public Comments and EPA Responses
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background for Final Rule
On February 11, 2016 (81 FR 7259), we proposed to approve revisions
to the Arizona SIP under the Clean Air Act (CAA or ``Act'') and
provided a 30-day comment period. The revisions include rescissions of
certain statutory provisions, administrative and prohibitory rules, and
test methods. The EPA also proposed to correct certain errors in
previous actions on prior revisions to the Arizona SIP and to make
certain other corrections.
On that same date, we issued a direct final rule (81 FR 7209)
taking final action effective April 11, 2016 but indicated that, if we
received adverse comments by the end of the comment period, we would
publish a withdrawal of the direct final rule in the Federal Register
prior to the effective date informing the public that the direct final
rule will not take effect. The February 11, 2016 proposed rule
indicated that if the EPA received adverse comment on an amendment,
paragraph, or section of the direct final rule and if that provision
may be severed from the remainder of the rule, the EPA may adopt as
final those provisions of the rule that are not the subject of an
adverse comment.
We received a timely adverse comment on a specific test method for
which we had approved rescission and found that our action on the test
method (and other test methods and performance test specifications from
the same approved SIP revision submittal) could be severed from the
rest of the rule. Thus, we published a partial withdrawal of the direct
final rule in the Federal Register at 81 FR 19495 (April 5, 2016),
affecting only the action as it relates to the test method for which
the comment was received (and the other test methods and performance
test specifications that were submitted and approved on the same dates
as the test method in question). In today's action, we provide our
response to the public comment and take final action to approve the
rescissions of the outdated test methods and performance test
specifications based on the proposal published on February 11, 2016.
II. Summary of Proposed Rule
In our February 11, 2016 proposed rule (81 FR 7259), we directed
commenters to the direct final rule for a detailed rationale for the
proposed approval of the SIP revisions and for the proposed
corrections. As such, the following paragraphs summarize the background
information and evaluation included in the direct final rule also
published on February 11, 2016 (81 FR 7209) as it relates to the test
methods and performance test specifications that are the subject of
this final rule.
On March 10, 2015 and January 13, 2016, the Arizona Department of
Environmental Quality (ADEQ) submitted rescissions of certain statutory
and regulatory provisions from the applicable Arizona SIP. Under CAA
section 110(k)(3), the EPA is obligated to approve, disapprove, or
conditionally approve SIPs and SIP revisions, including rescissions. As
noted above, the rescissions relate to certain statutory provisions,
administrative and prohibitory rules, and test methods. In our February
11, 2016 direct final rule (81 FR 7209), we approved all of the
rescissions included in the two SIP revisions except for certain test
methods and performance test specifications, for which we withdrew
direct final action. In our direct final rule, we also corrected
certain errors in previous actions on prior revisions to the Arizona
SIP and to make certain other corrections, but because no adverse
comments were received on the corrections, we did not withdraw any part
of the error corrections portion of the direct final rule.
Table 1 lists the test methods and performance test specifications
the rescission of which we withdrew direct final action, the dates on
which the EPA approved the provisions as part of the SIP, and the dates
on which ADEQ submitted the rescissions to the EPA.
Table 1--Arizona SIP Regulatory Provisions That ADEQ Has Rescinded
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Regulatory provision Title EPA approval Rescission submittal date
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Arizona Testing Manual for Air Method 1 Sample and Velocity 47 FR 17483 (April 23, 1982).................... January 13, 2016.
Pollutant Emissions, Section 3.01. Traverses for Stationary
Sources.
Arizona Testing Manual for Air Method 2 Determination of 47 FR 17483 (April 23, 1982).................... January 13, 2016.
Pollutant Emissions, Section 3.02. Stack Gas Velocity and
Volumetric Flow Rate (Type S
Pitot Tube).
[[Page 25609]]
Arizona Testing Manual for Air Method 2A Direct Measurement 47 FR 17483 (April 23, 1982).................... January 13, 2016.
Pollutant Emissions, Section 3.02. of Gas Volume Through Pipes
and Small Ducts.
Arizona Testing Manual for Air Method 2B Determination of 47 FR 17483 (April 23, 1982).................... January 13, 2016.
Pollutant Emissions, Section 3.02. Exhaust Gas Volume Flow Rate
from Gasoline Vapor
Incinerators.
Arizona Testing Manual for Air Method 3 Gas Analysis for 47 FR 17483 (April 23, 1982).................... January 13, 2016.
Pollutant Emissions, Section 3.03. Carbon Dioxide, Excess Air,
Dry Molecular Weight.
Arizona Testing Manual for Air Method 3A Determination of 47 FR 17483 (April 23, 1982).................... January 13, 2016.
Pollutant Emissions, Section 3.03. Oxygen and Carbon Dioxide
Concentrations in Emissions
from Stationary Sources
(Instrumental Analyzer
Procedure).
Arizona Testing Manual for Air Method 4 Determination of 47 FR 17483 (April 23, 1982).................... January 13, 2016.
Pollutant Emissions, Section 3.04. Moisture in Stack Gases.
Arizona Testing Manual for Air Method 5 Determination of 47 FR 17483 (April 23, 1982).................... January 13, 2016.
Pollutant Emissions, Section 3.05. Particulate Emissions from
Stationary Sources.
Arizona Testing Manual for Air Method 6 Determination of 47 FR 17483 (April 23, 1982).................... January 13, 2016.
Pollutant Emissions, Section 3.06. Sulfur Dioxide Emissions
from Stationary Sources.
Arizona Testing Manual for Air Method 7 Determination of 47 FR 17483 (April 23, 1982).................... January 13, 2016.
Pollutant Emissions, Section 3.07. Nitrogen Oxide Emissions
from Stationary Sources.
Arizona Testing Manual for Air Method 8 Determination of 47 FR 17483 (April 23, 1982).................... January 13, 2016.
Pollutant Emissions, Section 3.08. Sulfuric Acid Mist and
Sulfur Dioxide Emissions
from Stationary Sources.
Arizona Testing Manual for Air Method 9 Visual Determination 47 FR 17483 (April 23, 1982).................... January 13, 2016.
Pollutant Emissions, Section 3.09. of the Opacity of Emissions
from Stationary Sources.
Arizona Testing Manual for Air Method 10 Determination of 47 FR 17483 (April 23, 1982).................... January 13, 2016.
Pollutant Emissions, Section 3.10. Carbon Monoxide Emissions
from Stationary Sources.
Arizona Testing Manual for Air Method 13B Determination of 47 FR 17483 (April 23, 1982).................... January 13, 2016.
Pollutant Emissions, Section 3.13. Total Fluoride Emissions
from Stationary Sources--
Specific Ion Electrode
Method.
Arizona Testing Manual for Air Method 13 Determination of 47 FR 17483 (April 23, 1982).................... January 13, 2016.
Pollutant Emissions, Section 3.13. Total Fluoride Emissions
from Stationary Sources--
SOADNS Zirconium Lake Method.
Arizona Testing Manual for Air Method 14 Determination of 47 FR 17483 (April 23, 1982).................... January 13, 2016.
Pollutant Emissions, Section 3.14. Total Fluoride Emissions
from Potroom Roof Monitors
for Primary Aluminum Plants.
Arizona Testing Manual for Air Method 15 Determination of 47 FR 17483 (April 23, 1982).................... January 13, 2016.
Pollutant Emissions, Section 3.15. Hydrogen Sulfide, Carbonyl
Sulfide, and Carbon
Disulfide Emissions from
Stationary Sources.
Arizona Testing Manual for Air Method 17 Determination of 47 FR 17483 (April 23, 1982).................... January 13, 2016.
Pollutant Emissions, Section 3.17. Particulate Emissions from
Stationary Sources (In-Stack
Filtration Method).
Arizona Testing Manual for Air Performance Specification 1: 47 FR 17483 (April 23, 1982).................... January 13, 2016.
Pollutant Emissions, Section 4.01. Performance specifications
and specification test
procedures for
transmissometer systems for
continuous measurement of
the opacity of stack
emissions.
Arizona Testing Manual for Air Performance Specification 2: 47 FR 17483 (April 23, 1982).................... January 13, 2016.
Pollutant Emissions, Section 4.02. Performance specifications
and specification test
procedures for monitors of
SO2 and NOX from stationary
sources.
Arizona Testing Manual for Air Performance Specification 3: 47 FR 17483 (April 23, 1982).................... January 13, 2016.
Pollutant Emissions, Section 4.03. Performance specifications
and specification test
procedures for monitors of
CO2 and O2 from stationary
sources.
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As explained in our February 11, 2016 direct final rule, in April
1982, the EPA approved sections 3 and 4 of the Arizona Testing Manual
for Air Pollutant Emissions (``Arizona Testing Manual'') as a revision
to the Arizona SIP. Section 3 of the Arizona Testing Manual includes
certain test methods from 40 CFR part 60, appendix A, and section 4 of
the Arizona Testing Manual includes certain performance test
specifications from 40 CFR part 60, appendix B. Both the test methods
and performance test methods approved into the Arizona SIP date from
the 1970s.
Over the years, the EPA's test methods and performance test
specifications in 40 CFR part 60 have
[[Page 25610]]
been revised, and thus, the versions of the test methods and
performance test specifications approved as part of the Arizona SIP are
outdated. Also, in recent years, the EPA has approved two state rules
that in effect incorporate more recent versions of the EPA's test
methods and performance test specifications into the Arizona SIP. See
Arizona Administrative Code (AAC) R18-2-311 (``Test Methods and
Procedures'') and appendix 2 (``Test Methods and Protocols'') for AAC,
title 18, chapter 2.\1\ See 80 FR 67319 (November 2, 2015) and 79 FR
56655 (September 23, 2014). As such, the outdated test methods and
performance test specifications approved as part of the Arizona Testing
Manual need not be retained in the Arizona SIP. Thus, we found ADEQ's
rescission of the outdated test methods and performance test
specifications to be acceptable, and, under section 110(k), we proposed
to approve the state's rescission of them from the Arizona SIP.
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\1\ R18-2-311 provides that applicable procedures and testing
methods contained in, among other references, 40 CFR part 60,
appendices A through F, shall be used to determine compliance with
state requirements for stationary sources. Appendix 2 for AAC, title
18, chapter 2 incorporates by reference 40 CFR part 60 appendices
revised as of July 1, 2006.
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For further information about the SIP revisions and our
corresponding evaluation, please see our direct final rule (81 FR 7209,
February 11, 2016).
III. Public Comments and EPA Responses
Our February 11, 2016 proposed rule provided for a 30-day comment
period. During that period, we received a comment from a member of the
public. Staff at EPA Region 9 contacted the commenter to clarify this
comment on March 22, 2016. Our response to this comment is provided
below.
Comment: All legacy permits and emission sources administered under
this [SIP] should allow the use of EPA Method 9 and/or EPA Broadly
Applicable Alternative Method 082 for the measurement of opacity and
evaluation of visible emissions. All new sources regulated under this
plan should require the use of EPA Alternative Method 082 for the
measurement of opacity and the evaluation of visible emission sources.
People complain about what they can see and smell and the use of
digital-camera-based visible emission evaluation is the best means to
ensure public participation and support. The EPA declared ASTM D7520's
Digital Camera Opacity Technique (DCOT) the Best Available Measurement
Technology for visible emissions in the Ferroalloy Production NESHAP
rule and this example should be followed in all State Implementation
Plans.
EPA Response: Under the existing SIP, EPA Method 9 is already
allowed to be used. In fact, under the existing SIP, two versions of
EPA Method 9 are approved for use: The version of EPA Method 9 approved
at 47 FR 17483 (April 23, 1982) and the updated version of EPA Method 9
approved through approval of AAC R18-2-311 and appendix 2 for AAC,
title 18, chapter 2, which incorporates by reference 40 CFR part 60
appendices (including EPA Method 9) revised as of July 1, 2006. Our
approval of the state's rescission of the 1982 approved version of EPA
Method 9 simply deletes that version from the SIP. The more current
version of Method 9 continues to apply under the SIP.
As far as alternative methods are concerned, AAC R18-2-311, which
as noted above has been approved as part of the Arizona SIP, does
provide for alternatives to EPA Method 9, but the alternative method so
provided for does not include Broadly Applicable Alternative Method
082. More specifically, AAC R18-2-311(B) provides that a permit may
specify a method, other than EPA Method 9, for determining the opacity
of visible emissions from a particular emission unit, if the method has
been promulgated by the EPA in 40 CFR part 60, appendix A. The EPA has
approved and promulgated in 40 CFR part 60, appendix A only one
alternative to Method 9: ``Alternative Method 1--Determination of the
Opacity of Emissions from Stationary Sources Remotely by LIDAR.'' Thus,
Alternative Method 082 is not specifically provided for under the
Arizona SIP at the present time.\2\ The rescission of an outdated
version of EPA Method 9 has no effect on the status of Alternative
Method 082 in the Arizona SIP.
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\2\ We note, however, that under SIP-approved AAC R18-2-312
(``Performance tests''), data collected using other methods, such as
Alternative Method 082 or ASTM D7520, may be used as evidence of
compliance with applicable good maintenance and operating
requirements.
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We do recognize that the EPA has approved Alternative Method 082 as
an alternative to EPA Method 9 with certain limitations and for certain
purposes. Alternative Method 082 specifies, with certain limitations,
the use of American Society for Testing and Materials (ASTM) D7520-09
``Standard Test Method for Determining the Opacity of a Plume in the
Outdoor Ambient Atmosphere'' as an alternative to EPA Method 9 for
sources subject to 40 CFR 60, 61, and 63. See 77 FR 8865 (February 15,
2012). We also note that the National Emissions Standards for Hazardous
Air Pollutants (NESHAPS) for the Ferroalloys Production source category
was recently amended following the EPA's request for comments on the
use of new technologies to provide continuous or near continuous long
term approaches to monitoring emissions from industrial sources for the
Ferroalloy Production source category. After consideration of comments
received and after evaluating the technologies, the EPA amended the
Ferroalloys Production NESHAPS to, among other things, replace the
weekly Method 9 opacity requirement with a weekly requirement to
measure opacity using ASTM D7520-13 (i.e., an updated version of ASTM
D7520-9) and the digital camera opacity technique (DCOT) to demonstrate
compliance with the process fugitives standards. See 80 FR 37366 (June
30, 2015).
However, use of Alternative Method 082's or ASTM D7520's digital
camera technology by states to determine opacity of visible emissions
is not a requirement for SIPs. The State of Arizona could consider a
revision to its rules to allow the use of Alternative Method 082 (for
appropriate applications and with appropriate limitations) or the most
current version of ASTM D7520 if it chooses to do so, as long as the
use of the DCOT in lieu of EPA Method 9 is consistent with EPA's
approval of ASTM D7520-09 in Alternative Method 082. We generally
support its inclusion in State programs where appropriate. The EPA
would take action to approve or disapprove such a revision under CAA
section 110(k) if the state were to adopt such a revision and submit it
to the EPA as a SIP revision.
IV. Final Action
Pursuant to CAA section 110(k)(3), the EPA is approving the state's
rescission of the outdated test methods and performance test
specifications listed in Table 1 from the Arizona SIP because we
believe they are no longer necessary to retain.
V. 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, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely rescinds outdated test methods and
[[Page 25611]]
performance test specifications as unnecessary to retain in the
applicable SIP 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 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, this 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.
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 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 June 28, 2016. 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, Particulate matter, Reporting
and recordkeeping requirements.
Dated: April 15, 2016.
Jared Blumenfeld,
Regional Administrator, 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.
Subpart D--Arizona
0
2. Section 52.120 is amended by adding paragraph (c)(29)(i)(B) to read
as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
(29) * * *
(i) * * *
(B) Previously approved on April 23, 1982, in paragraph
(c)(29)(i)(A) of this section and now deleted without replacement:
Arizona Testing Manual for Air Pollutant Emissions, Sections 3.0 and
4.0.
* * * * *
[FR Doc. 2016-10008 Filed 4-28-16; 8:45 am]
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