Revisions to the Arizona State Implementation Plan, Maricopa County Air Quality Department, 52693-52696 [E9-24549]
Download as PDF
Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Rules and Regulations
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comments are filed. This rule will be
effective December 14, 2009 without
further notice unless we receive relevant
adverse written comments by November
13, 2009. If we receive such comments,
we will withdraw this action before the
effective date by publishing a
subsequent document that will
withdraw the final action. All public
comments received will then be
addressed in a subsequent final rule
based on the proposed action. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
If we do not receive any comments, this
action will be effective December 14,
2009.
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
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
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 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
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application of those 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 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 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. 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 December 14,
2009. 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,
Ozone, Volatile organic compounds.
Dated: September 9, 2009.
Bharat Mathur,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble,
part 52, chapter I, of title 40 of the Code
■
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52693
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 KK—Ohio
2. Section 52.1870 is amended by
adding paragraph (c)(144) to read as
follows:
■
§ 52.1870
Identification of plan.
*
*
*
*
*
(c) * * *
(144) The Ohio Environmental
Protection Agency formally submitted
revisions to Ohio’s Administrative Code
on August 7, 2007. These revisions
consists of Rule 3745–21–17 which
impacts sale, use, and manufacture of
Portable Fuel Containers in the State of
Ohio.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule
3745–21–17 ‘‘Portable fuel containers’’,
adopted on June 11, 2007, effective on
June 21, 2007.
(B) June 11, 2007, ‘‘Director’s Final
Findings and Orders’’, signed by Chris
Korleski, Director, Ohio Environmental
Protection Agency.
*
*
*
*
*
[FR Doc. E9–24610 Filed 10–13–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2009–0339; FRL–8947–2]
Revisions to the Arizona State
Implementation Plan, Maricopa County
Air Quality Department
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final
action to approve revisions to the
Maricopa County Air Quality
Department (MCAQD) portion of the
Arizona State Implementation Plan
(SIP). These revisions concern
particulate matter (PM) emissions and
precursors from steam generating units,
cogeneration units, stationary gas
turbines, process heaters and internal
combustion engines. We are approving
local rules that regulate these emission
sources under the Clean Air Act as
amended in 1990 (CAA or the Act).
DATES: This rule is effective on
December 14, 2009 without further
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Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Rules and Regulations
notice, unless EPA receives adverse
comments by November 13, 2009. If we
receive such comments, we will publish
a timely withdrawal in the Federal
Register to notify the public that this
direct final rule will not take effect.
ADDRESSES: Submit comments,
identified by docket number [EPA–R09–
OAR–2009–0339], by one of the
following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
online instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air–4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
https://www.regulations.gov or e-mail.
https://www.regulations.gov is an
‘‘anonymous access’’ system, and EPA
will not know your identity or contact
information unless you provide it in the
body of your comment. If you send
e-mail directly to EPA, your e-mail
address will be automatically captured
and included as part of the public
comment. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: The index to the docket for
this action is available electronically at
https://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., CBI). 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:
Idalia Perez, EPA Region IX, (415) 972–
3248, perez.idalia@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rules?
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
C. EPA Recommendations to Further
Improve the Rules
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rules did the State submit?
Table 1 lists the rules we are
approving with the dates that they were
adopted by the local air agency and
submitted by the Arizona Department of
Environmental Quality (ADEQ).
TABLE 1—SUBMITTED RULES
Local agency
Rule #
Rule title
MCAQD .............
MCAQD .............
322
323
MCAQD .............
324
Power Plant Operations ...............................................................................
Fuel Burning Equipment from Industrial/Commercial/Institutional (ICI)
Sources.
Stationary Internal Combustion (IC) Engines ...............................................
On July 9, 2008, these rule submittals
were found to meet the completeness
criteria in 40 CFR Part 51, Appendix V
by operation of law, which must be met
before formal EPA review.
B. Are there other versions of these
rules?
There are no previous versions of
Rule 322, 323 and 324 in the SIP.
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C. What is the purpose of the submitted
rules?
NOX helps produce ground-level
ozone, smog and particulate matter,
which harm human health and the
environment. PM contributes to effects
that are harmful to human health and
the environment, including premature
mortality, aggravation of respiratory and
cardiovascular disease, decreased lung
function, visibility impairment, and
damage to vegetation and ecosystems.
Section 110(a) of the CAA requires
States to submit regulations that control
NOX and PM emissions. Rule 322
regulates emissions of NOX, PM, oxides
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Adopted
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of sulfur (SOX) and carbon monoxide
(CO) from fossil-fuel-fired equipment
and cooling towers at power plants and
cogeneration plants for which
construction started before May 10,
1996. This rule applies to steam
generating units with heat input greater
or equal than 100 MM Btu/hour (29
MW), stationary gas turbines with a
peak heat input equal to or greater than
10 MM Btu/hour (2.9 MW) and cooling
towers associated with these units. Rule
323 regulates emissions of NOX, PM,
SOX and CO from fuel burning
combustion equipment at industrial,
commercial and/or institutional sources.
Rule 323 applies to steam generating
units with heat input greater than 10
MM Btu/hour, stationary gas turbines
with a peak heat input equal to or
greater than 2.9 MW and indirect-fired
process heaters with a heat input greater
than 10 MM Btu/hour. Rule 324
regulates emissions of NOX, PM, SOX,
CO and volatile organic compounds
(VOCs) from stationary IC engines. This
Rule applies to new or existing
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stationary spark or compression-ignited
IC engines with a rating greater than 250
brake horsepower (bhp). This rule also
applies to a combination of engines
rated more than 50 bhp used at a single
source whose maximum aggregated
rating is more than 250 bhp. All three
rules limit PM emissions by ensuring
good combustion practices, limiting
sulfur in the fuel and controlling NOX,
a PM–10 precursor. EPA’s technical
support document (TSD) has more
information about these rules.
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rules?
Generally, SIP rules must be
enforceable (see section 110(a) of the
Act) and must not relax existing
requirements (see sections 110(l) and
193). In addition, SIP rules must
implement Reasonably Available
Control Measures (RACM), including
Reasonably Available Control
Technology (RACT), in moderate PM
nonattainment areas, and Best Available
Control Measures (BACM), including
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Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Rules and Regulations
Best Available Control Technology
(BACT), in serious PM nonattainment
areas (see CAA sections 189(a)(1) and
189(b)(1)). The MCAQD regulates a PM
nonattainment area classified as serious
(see 40 CFR part 81), so Rules 322, 323
and 324 must implement BACM/BACT.
Guidance and policy documents that
we use to help evaluate specific
enforceability and RACM/RACT or
BACM/BACT requirements consistently
include the following:
1. Portions of the proposed post-1987
ozone and carbon monoxide policy that
concern RACT, 52 FR 45044, November
24, 1987.
2. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and Deviations;
Clarification to Appendix D of
November 24, 1987 Federal Register
Notice,’’ (Blue Book), notice of
availability published in the May 25,
1988 Federal Register.
3. ‘‘Guidance Document for Correcting
Common VOC & Other Rule
Deficiencies,’’ EPA Region 9, August 21,
2001 (the Little Bluebook).
4. ‘‘State Implementation Plans;
General Preamble for the
Implementation of Title I of the Clean
Air Act Amendments of 1990,’’ 57 FR
13498 (April 16, 1992); 57 FR 18070
(April 28, 1992).
5. ‘‘State Implementation Plans for
Serious PM–10 Nonattainment Areas,
and Attainment Date Waivers for PM–10
Nonattainment Areas Generally;
Addendum to the General Preamble for
the Implementation of Title I of the
Clean Air Act Amendments of 1990,’’ 59
FR 41998 (August 16, 1994).
6. ‘‘PM–10 Guideline Document,’’
EPA 452/R–93–008, April 1993.
7. ‘‘Determination of Reasonably
Available Control Technology and Best
Available Retrofit Control Technology
for Industrial, Institutional, and
Commercial Boilers, Steam Generators,
and Process Heaters’’ California Air
Resources Board (July 18, 1991).
8. ‘‘Alternative Control Techniques
Document—NOX Emissions from
Industrial/Commercial/Institutional
(ICI) Boilers’’ EPA 453/R–94–022
(March 1994)
9. ‘‘Alternative Control Techniques
Document—NOX Emissions from Utility
Boilers’’ EPA 452/R–93–008 (March
1994).
10. ‘‘Alternative Control Techniques
Document—NOX Emissions from
Stationary Gas Turbines’’ EPA 453/R–
94–023 (January 1993).
11. ‘‘Alternative Control Techniques
Document—NOX Emissions from
Stationary Reciprocating Internal
Combustion Engines’’ EPA 453/R–93–
032 (July 1993).
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12. ‘‘Determination of Reasonably
Available Control Technology and Best
Available Retrofit Control Technology
for Stationary Spark-Ignited Internal
Combustion Engines’’ California Air
Resources Board (November 2001).
B. Do the rules meet the evaluation
criteria?
We believe these rules are consistent
with the relevant policy and guidance
regarding enforceability, BACM, and SIP
relaxations. The TSD has more
information on our evaluation.
C. EPA Recommendations to Further
Improve the Rules
The TSD describes additional rule
revisions that do not affect EPA’s
current action but are recommended for
the next time the local agency modifies
the rules.
D. Public Comment and Final Action
As authorized in section 110(k)(3) of
the Act, EPA is fully approving the
submitted rules because we believe they
fulfill all relevant requirements. We do
not think anyone will object to this
approval, so we are finalizing it without
proposing it in advance. However, in
the Proposed Rules section of this
Federal Register, we are simultaneously
proposing approval of the same
submitted rules. If we receive adverse
comments by November 13, 2009, we
will publish a timely withdrawal in the
Federal Register to notify the public
that the direct final approval will not
take effect and we will address the
comments in a subsequent final action
based on the proposal. If we do not
receive timely adverse comments, the
direct final approval will be effective
without further notice on December 14,
2009. This will incorporate these rules
into the federally enforceable SIP.
Please note that if EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
III. 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, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
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52695
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 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 (Public Law 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 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 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 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. EPA will submit a
report containing this action and other
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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 December 14,
2009. 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. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of today’s Federal Register,
rather than file an immediate petition
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for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
This action may not be challenged later
in proceedings to enforce its
requirements (see section 307(b)(2)).
Subpart D—Arizona
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.
Dated: July 10, 2009.
Jane Diamond,
Acting 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.
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2. Section 52.120 is amended by
adding and reserving paragraph (c)(141)
and by adding paragraph (c)(142) to read
as follows:
■
§ 52.120
Identification of plan.
*
*
*
*
(c) * * *
(141) [Reserved]
(142) New and amended regulations
were submitted on January 9, 2008, by
the Governor’s designee.
(i) Incorporation by reference.
(A) Maricopa County Air Quality
Department.
(1) Rule 322, ‘‘Power Plant
Operations,’’ adopted October 17, 2007.
(2) Rule 323, ‘‘Fuel Burning
Equipment from Industrial/Commercial/
Institutional (ICI) Sources,’’ adopted
October 17, 2007.
(3) Rule 324, ‘‘Stationary Internal
Combustion (IC) Engines,’’ adopted
October 17, 2007.
*
*
*
*
*
[FR Doc. E9–24549 Filed 10–13–09; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 74, Number 197 (Wednesday, October 14, 2009)]
[Rules and Regulations]
[Pages 52693-52696]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24549]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2009-0339; FRL-8947-2]
Revisions to the Arizona State Implementation Plan, Maricopa
County Air Quality Department
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
Maricopa County Air Quality Department (MCAQD) portion of the Arizona
State Implementation Plan (SIP). These revisions concern particulate
matter (PM) emissions and precursors from steam generating units,
cogeneration units, stationary gas turbines, process heaters and
internal combustion engines. We are approving local rules that regulate
these emission sources under the Clean Air Act as amended in 1990 (CAA
or the Act).
DATES: This rule is effective on December 14, 2009 without further
[[Page 52694]]
notice, unless EPA receives adverse comments by November 13, 2009. If
we receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.
ADDRESSES: Submit comments, identified by docket number [EPA-R09-OAR-
2009-0339], by one of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the online instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at https://www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through https://www.regulations.gov or e-mail. https://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
Docket: The index to the docket for this action is available
electronically at https://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., CBI). 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: Idalia Perez, EPA Region IX, (415)
972-3248, perez.idalia@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted rules?
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. EPA Recommendations to Further Improve the Rules
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rules we are approving with the dates that they
were adopted by the local air agency and submitted by the Arizona
Department of Environmental Quality (ADEQ).
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
MCAQD............................. 322 Power Plant Operations...... 10/17/07 01/09/08
MCAQD............................. 323 Fuel Burning Equipment from 10/17/07 01/09/08
Industrial/Commercial/
Institutional (ICI) Sources.
MCAQD............................. 324 Stationary Internal 10/17/07 01/09/08
Combustion (IC) Engines.
----------------------------------------------------------------------------------------------------------------
On July 9, 2008, these rule submittals were found to meet the
completeness criteria in 40 CFR Part 51, Appendix V by operation of
law, which must be met before formal EPA review.
B. Are there other versions of these rules?
There are no previous versions of Rule 322, 323 and 324 in the SIP.
C. What is the purpose of the submitted rules?
NOX helps produce ground-level ozone, smog and
particulate matter, which harm human health and the environment. PM
contributes to effects that are harmful to human health and the
environment, including premature mortality, aggravation of respiratory
and cardiovascular disease, decreased lung function, visibility
impairment, and damage to vegetation and ecosystems. Section 110(a) of
the CAA requires States to submit regulations that control
NOX and PM emissions. Rule 322 regulates emissions of
NOX, PM, oxides of sulfur (SOX) and carbon
monoxide (CO) from fossil-fuel-fired equipment and cooling towers at
power plants and cogeneration plants for which construction started
before May 10, 1996. This rule applies to steam generating units with
heat input greater or equal than 100 MM Btu/hour (29 MW), stationary
gas turbines with a peak heat input equal to or greater than 10 MM Btu/
hour (2.9 MW) and cooling towers associated with these units. Rule 323
regulates emissions of NOX, PM, SOX and CO from
fuel burning combustion equipment at industrial, commercial and/or
institutional sources. Rule 323 applies to steam generating units with
heat input greater than 10 MM Btu/hour, stationary gas turbines with a
peak heat input equal to or greater than 2.9 MW and indirect-fired
process heaters with a heat input greater than 10 MM Btu/hour. Rule 324
regulates emissions of NOX, PM, SOX, CO and
volatile organic compounds (VOCs) from stationary IC engines. This Rule
applies to new or existing stationary spark or compression-ignited IC
engines with a rating greater than 250 brake horsepower (bhp). This
rule also applies to a combination of engines rated more than 50 bhp
used at a single source whose maximum aggregated rating is more than
250 bhp. All three rules limit PM emissions by ensuring good combustion
practices, limiting sulfur in the fuel and controlling NOX,
a PM-10 precursor. EPA's technical support document (TSD) has more
information about these rules.
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
Generally, SIP rules must be enforceable (see section 110(a) of the
Act) and must not relax existing requirements (see sections 110(l) and
193). In addition, SIP rules must implement Reasonably Available
Control Measures (RACM), including Reasonably Available Control
Technology (RACT), in moderate PM nonattainment areas, and Best
Available Control Measures (BACM), including
[[Page 52695]]
Best Available Control Technology (BACT), in serious PM nonattainment
areas (see CAA sections 189(a)(1) and 189(b)(1)). The MCAQD regulates a
PM nonattainment area classified as serious (see 40 CFR part 81), so
Rules 322, 323 and 324 must implement BACM/BACT.
Guidance and policy documents that we use to help evaluate specific
enforceability and RACM/RACT or BACM/BACT requirements consistently
include the following:
1. Portions of the proposed post-1987 ozone and carbon monoxide
policy that concern RACT, 52 FR 45044, November 24, 1987.
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations; Clarification to Appendix D of November 24, 1987 Federal
Register Notice,'' (Blue Book), notice of availability published in the
May 25, 1988 Federal Register.
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
4. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
5. ``State Implementation Plans for Serious PM-10 Nonattainment
Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas
Generally; Addendum to the General Preamble for the Implementation of
Title I of the Clean Air Act Amendments of 1990,'' 59 FR 41998 (August
16, 1994).
6. ``PM-10 Guideline Document,'' EPA 452/R-93-008, April 1993.
7. ``Determination of Reasonably Available Control Technology and
Best Available Retrofit Control Technology for Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters'' California Air Resources Board (July 18, 1991).
8. ``Alternative Control Techniques Document--NOX
Emissions from Industrial/Commercial/Institutional (ICI) Boilers'' EPA
453/R-94-022 (March 1994)
9. ``Alternative Control Techniques Document--NOX
Emissions from Utility Boilers'' EPA 452/R-93-008 (March 1994).
10. ``Alternative Control Techniques Document--NOX
Emissions from Stationary Gas Turbines'' EPA 453/R-94-023 (January
1993).
11. ``Alternative Control Techniques Document--NOX
Emissions from Stationary Reciprocating Internal Combustion Engines''
EPA 453/R-93-032 (July 1993).
12. ``Determination of Reasonably Available Control Technology and
Best Available Retrofit Control Technology for Stationary Spark-Ignited
Internal Combustion Engines'' California Air Resources Board (November
2001).
B. Do the rules meet the evaluation criteria?
We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, BACM, and SIP relaxations. The TSD
has more information on our evaluation.
C. EPA Recommendations to Further Improve the Rules
The TSD describes additional rule revisions that do not affect
EPA's current action but are recommended for the next time the local
agency modifies the rules.
D. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by November 13, 2009, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on December 14, 2009. This will incorporate
these rules into the federally enforceable SIP.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
III. 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, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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 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 (Public Law 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 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 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 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. EPA will submit a report containing this action and
other
[[Page 52696]]
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 December 14, 2009. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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.
Dated: July 10, 2009.
Jane Diamond,
Acting 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 and reserving paragraph (c)(141)
and by adding paragraph (c)(142) to read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
(141) [Reserved]
(142) New and amended regulations were submitted on January 9,
2008, by the Governor's designee.
(i) Incorporation by reference.
(A) Maricopa County Air Quality Department.
(1) Rule 322, ``Power Plant Operations,'' adopted October 17, 2007.
(2) Rule 323, ``Fuel Burning Equipment from Industrial/Commercial/
Institutional (ICI) Sources,'' adopted October 17, 2007.
(3) Rule 324, ``Stationary Internal Combustion (IC) Engines,''
adopted October 17, 2007.
* * * * *
[FR Doc. E9-24549 Filed 10-13-09; 8:45 am]
BILLING CODE 6560-50-P