Approval of Air Plan Revisions; Arizona; Rescissions and Corrections, 7209-7214 [2016-02714]
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Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2016–0028; FRL–9942–03–
Region–09]
Approval of Air Plan Revisions;
Arizona; Rescissions and Corrections
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the
Arizona State Implementation Plan (SIP)
under the Clean Air Act. These
revisions include rescissions of certain
statutory provisions, administrative and
prohibitory rules, and test methods. The
EPA is also taking direct final action to
correct certain errors in previous actions
on prior revisions to the Arizona SIP
and to make certain other corrections.
The intended effect is to rescind
unnecessary provisions from the
applicable SIP and to correct certain
errors in previous SIP actions.
DATES: This rule is effective on April 11,
2016 without further notice, unless the
EPA receives adverse comments by
March 14, 2016. 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 your comments,
identified by Docket ID No. EPA–R09–
OAR–2016–0028 at https://
www.regulations.gov, or via email to
Andrew Steckel, Rules Office Chief, at
Steckel.Andrew@epa.gov. For comments
submitted at Regulations.gov, follow the
SUMMARY:
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, 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
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Kevin Gong, EPA Region IX, (415) 972–
3073, Gong.Kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. The State’s Rescissions
A. Which SIP provisions has the state
rescinded?
B. How is the EPA evaluating the
rescissions?
1. Declarations of Policy and Legal
Authority
7209
2. Jurisdiction Over Indian Lands
3. Prohibitory Rules
4. Test Methods and Performance
Specifications
C. Do the rescissions meet all applicable
requirements?
II. Error Corrections
III. Public Comment and Final Action
IV. Statutory and Executive Order Reviews
I. The State’s Rescissions
A. Which SIP provisions has the state
rescinded?
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 State
Implementation Plan (SIP). The
rescissions relate to certain statutory
provisions, administrative and
prohibitory rules, and test methods. In
the January 13, 2016 submittal, ADEQ
included evidence of public notification
of the rescissions (including the
rescissions submitted on March 10,
2015), provision of a 30-day comment
period, and opportunity for public
hearing. See appendix A to the January
13, 2016 SIP revision submittal for
documentation of ADEQ’s public
process prior to adoption and submittal
of the revision to the EPA.
Table 1 lists the statutory and
regulatory provisions that ADEQ has
rescinded,1 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.
Under section 110(k)(3) of the Clean Air
Act (CAA or ‘‘Act’’), the EPA is
obligated to approve, disapprove, or
conditionally approve SIPs and SIP
revisions, including rescissions.
TABLE 1—ARIZONA SIP STATUTORY AND REGULATORY PROVISIONS THAT ADEQ HAS RESCINDED
Title
EPA Approval
ARS 36–1700 ...............................................
Declaration of Policy ...................................
ARS 36–1801 ...............................................
Jurisdiction over Indian Lands ....................
Chapter 2, section 2.9 of ‘‘The State of Arizona Air Pollution Control Implementation
Plan’’.
Rule 7–1–9.1 ................................................
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Statutory or regulatory provision
Legal Authority—Jurisdiction over Indian
Lands.
37 FR 10842 (May 31,
1972); 37 FR 15080 (July
27, 1972); 47 FR 26382
(June 18, 1982).
37 FR 15080 (July 27,
1972).
37 FR 15080 (July 27,
1972).
Rule R9–3–1001 ..........................................
Policy and legal authority ...........................
Rule 7–1–4.3 ................................................
Sulfite Pulp Mills .........................................
1 In addition to the provisions listed in table 1,
ADEQ also submitted the rescission of R9–3–310,
approved by the EPA at 49 FR 41026 (October 19,
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Policy and legal authority ...........................
37 FR 15080 (July 27,
1972).
43 FR 34470 (August 4,
1978).
37 FR 15080 (July 27,
1972).
1984). However, the EPA has already acted to
approve the rescission of that particular provision
from the Arizona SIP (see 80 FR 67319 (November
PO 00000
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Fmt 4700
Sfmt 4700
Rescission submittal
date
January 13, 2016.
January 13, 2016.
January 13, 2016.
January 13, 2016.
January 13, 2016.
January 13, 2016.
2, 2015)), and thus we will be taking no further
action on that provision.
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TABLE 1—ARIZONA SIP STATUTORY AND REGULATORY PROVISIONS THAT ADEQ HAS RESCINDED—Continued
Statutory or regulatory provision
Title
Rule 7–1–4.3 (R9–3–403) ...........................
Sulfur Emissions: Sulfite Pulp Mills ............
AAC R9–3–511 ............................................
Standards of Performance for Existing
Secondary Lead Smelters.
AAC R9–3–512 ............................................
Standards of Performance for Existing
Secondary Brass and Bronze Ingot Production Plants.
Standards of Performance for Existing Iron
and Steel Plants.
AAC R9–3–513 ............................................
EPA Approval
AAC R9–3–517 ............................................
Standards of Performance for Steel Plants;
Existing Electric Arc Furnaces (EAF).
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).
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 11 Determination of Hydrogen Sulfide 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 16 Semicontinuous Determination
of Sulfur Emissions from Stationary
Sources.
Method 17 Determination of Particulate
Emissions from Stationary Sources (InStack Filtration Method).
Arizona Testing Manual for Air Pollutant
Emissions, Section 3.02.
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.
Arizona Testing Manual for
Emissions, Section 3.08.
Air Pollutant
Air Pollutant
Air Pollutant
Air Pollutant
Air Pollutant
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 3.11.
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.
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Arizona Testing Manual for Air Pollutant
Emissions, Section 3.15.
Arizona Testing Manual for Air Pollutant
Emissions, Section 3.16.
Arizona Testing Manual for Air Pollutant
Emissions, Section 3.17.
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43 FR 33245 (July 31,
1978).
47 FR 42572 (September
28, 1982); 47 FR 17483
(April 23, 1982).
47 FR 17483 (April 23,
1982).
Rescission submittal
date
January 13, 2016.
March 10, 2015.
March 10, 2015.
47 FR 42572 (September
28, 1982); 47 FR 17483
(April 23, 1982).
47 FR 42572 (September
28, 1982); 47 FR 17483
(April 23, 1982).
47 FR 17483 (April 23,
1982).
47 FR 17483 (April 23,
1982).
March 10, 2015.
47 FR 17483 (April 23,
1982).
47 FR 17483 (April 23,
1982).
January 13, 2016.
47 FR 17483 (April 23,
1982).
47 FR 17483 (April 23,
1982).
January 13, 2016.
47 FR 17483
1982).
47 FR 17483
1982).
47 FR 17483
1982).
47 FR 17483
1982).
47 FR 17483
1982).
(April 23,
January 13, 2016.
(April 23,
January 13, 2016.
(April 23,
January 13, 2016.
(April 23,
January 13, 2016.
(April 23,
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).
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.
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March 10, 2015.
January 13, 2016.
January 13, 2016.
January 13, 2016.
January 13, 2016.
January 13, 2016.
Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Rules and Regulations
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TABLE 1—ARIZONA SIP STATUTORY AND REGULATORY PROVISIONS THAT ADEQ HAS RESCINDED—Continued
Statutory or regulatory provision
Title
Arizona Testing Manual for Air Pollutant
Emissions, Section 3.19.
Method 19 Determination of Sulfur Dioxide, Removal Efficiency and Particulate,
Sulfur Dioxide and Nitrogen Oxides
Emission Rates from Electric Utility
Steam Generators.
Method 20 Determination of Nitrogen Oxides, Sulfur Dioxide, and Diluent Emissions from Stationary Gas Turbines.
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.
Arizona Testing Manual for Air Pollutant
Emissions, Section 3.20.
Arizona Testing Manual for Air Pollutant
Emissions, Section 4.01.
Arizona Testing Manual for Air Pollutant
Emissions, Section 4.02.
Arizona Testing Manual for Air Pollutant
Emissions, Section 4.03.
B. How is the EPA evaluating the
rescissions?
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Generally, SIP requirements must be
enforceable (see section 110(a) of the
Act), and SIP revisions must not modify
the SIP inconsistent with sections 110(l)
and 193. Section 110(l) prohibits the
EPA from approving a revision to a SIP
if the revision would interfere with any
applicable requirement concerning
attainment and reasonable further
progress or any other applicable
requirement of the CAA. Section 193
states that no control requirement in
effect, or required to be adopted by an
order, settlement agreement, or plan in
effect before November 15, 1990, in any
area which is a nonattainment area for
any pollutant may be modified after
November 15, 1990 in any manner
unless the modification insures
equivalent or greater emissions
reductions of such air pollutant.
In today’s action, we review, evaluate,
and approve ADEQ’s submittals dated
March 10, 2015 and January 13, 2016 of
revisions to the Arizona SIP involving
rescissions of certain statutory and
regulatory provisions that fall into four
categories: (1) Declarations of policy and
legal authority, (2) jurisdiction over
Indian lands, (3) prohibitory rules, and
(4) test methods and performance test
specifications.
1. Declarations of Policy and Legal
Authority
The EPA approved ARS section 36–
1700 (‘‘Declaration of Policy’’) in May
1972 as part of the original Arizona SIP,
and then approved it again in July 1972,
and then again, as amended, in June
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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.
1982. See table 1 above. ARS section
36–1700 is a general statement of policy
by the Arizona Legislature and sets forth
the intent of the Legislature in
establishing an air pollution control
program in the state. As such, ARS
section 36–1700 does not provide
specific authority to any administrative
agency to fulfill any particular
regulatory function, nor does it establish
any type of emissions standard or
address any particular requirement for
SIPs under the CAA. As such, we find
that ARS section 36–1700 need not be
retained in the Arizona SIP and thus
find the state’s corresponding rescission
to be acceptable.
As shown in table 1, the EPA
approved Arizona air pollution control
rule 7–1–9.1 (‘‘Policy and legal
authority’’) in July 1972 and then again
as amended and renumbered (as R9–3–
1001) in August 1978. Arizona rule 7–
1–9.1 (R9–3–1001) cites the legal
authority under which the rules relating
to motor vehicle inspection and
maintenance are adopted and also
includes a general statement of policy.
The specific statutory provisions cited
by rule 7–1–9.1 (R9–3–1001) have been
approved into the applicable SIP and, as
discussed above, general statements of
policy are not required for SIPs. As
such, we find no need to retain rule 7–
1–9.1 or its renumbered version R9–3–
1001 in the applicable Arizona SIP.
Therefore, we find the state’s rescission
of the two rules from the Arizona SIP to
be acceptable.
2. Jurisdiction Over Indian Lands
The EPA approved chapter 2, section
2.9 (‘‘Legal authority—Jurisdiction over
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Rescission submittal
date
Indian Lands’’) and ARS section 36–
1801 (‘‘Jurisdiction over Indian Lands’’)
in July 1972. As described in chapter 2,
section 2.9 of the Arizona SIP, under
ARS section 36–1801, the State of
Arizona assumed jurisdiction relating to
air pollution control on all lands within
the state including Indian tribal lands,
reservations, and allotments.
ARS section 36–1801 was recodified
as ARS section 49–561 in 1986, but is
no longer found in Arizona law. More
importantly, the state’s assumption of
jurisdiction relating to air pollution
control on Indian reservations conflicts
with federal law. See generally CAA
section 301(d) and the EPA’s tribal
authority rule at 40 CFR part 49
(‘‘Indian country: air quality planning
and management’’). More specifically,
within the boundaries of an Indian
reservation and any other area for which
the EPA or a tribe has demonstrated that
a tribe has jurisdiction, the EPA or
authorized tribe has regulatory
jurisdiction under the Clean Air Act.
See Oklahoma Department of
Environmental Quality v. EPA, 740 F.3d
185 (D.C. Cir. 2014). As such, ARS
section 36–1801 should not be retained,
and the EPA finds the state’s
corresponding rescissions of chapter 2,
section 2.9 and ARS section 36–1801
from the Arizona SIP to be appropriate.
3. Prohibitory Rules
On March 10, 2015, the ADEQ
submitted rescissions of the following
rules from the Arizona SIP because
there are no secondary lead smelters,
secondary brass and bronze ingot
productions plants, iron and steel
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plants, or electric arc furnaces (EAF)
under the ADEQ’s jurisdiction:
• R9–3–511, Standards of
Performance for Existing Secondary
Lead Smelters,
• R9–3–512, Standards of
Performance for Existing Secondary
Brass and Bronze Ingot Production
Plants,
• R9–3–513, Standards of
Performance for Existing Iron and Steel
Plants, and
• R9–3–517, Standards of
Performance for Steel Plants; Existing
Electric Arc Furnaces (EAF).
To determine that there are no
operating facilities in the state that fall
under one of the specified source
categories, ADEQ reviewed its permit
and emissions inventory systems and
consulted with knowledgeable staff. As
a result of these searches, ADEQ
determined that there are no operating
facilities within ADEQ’s jurisdiction
that fall under these source categories.
On January 13, 2016, ADEQ also
submitted a rescission of another rule,
Arizona air pollution control rule 7–1–
4.3 (‘‘Sulfur Pulp Mills’’), which was
approved by the EPA in July 1972 and
again in July 1978 as rule 7–1–4.3 (R9–
3–403) (’’Sulfur Emissions: Sulfite Pulp
Mills’’). Like the four prohibitory rules
discussed above, no facilities remain in
operation in Arizona that are subject to
the requirements of rule 7–1–4.3.
Therefore, we find the ADEQ’s
rescissions of the prohibitory rules
discussed above from the Arizona SIP to
be acceptable.
4. Test Methods and Performance
Specifications
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 specifications
in 40 CFR part 60 have 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 specifications
into the Arizona SIP. See Arizona
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Administrative Code (AAC) R18–2–311
(‘‘Test Methods and Procedures’’) and
appendix 2 (‘‘Test Methods and
Protocols’’) for AAC, title 18, chapter 2.2
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 find ADEQ’s
rescission of them to be acceptable.
C. Do the rescissions meet all applicable
requirements?
The EPA has evaluated all the
submittal documentation and has
determined that the rescission of the
statutory and regulatory provisions
listed in table 1 is approvable because
(1) the statements of policy and legal
authority are not necessary to fulfill any
CAA SIP purpose; (2) the provisions
asserting jurisdiction over Indian
reservations conflict with federal law;
(3) ADEQ has adequately demonstrated
that there are no existing sources subject
to the listed prohibitory rules; and (4)
the test methods and performance test
specifications are outdated and other
SIP provisions provide for use of more
up-to-date procedures. Furthermore,
with respect to the subject prohibitory
rules, the emissions from any new
facilities of the type that would have
been subject to these rules will be
subject to applicable New Source
Review rules and New Source
Performance Standards, which can
reasonably be assumed to result in more
stringent emission limits than would
apply under these rules.
Therefore, rescission of the statutory
provisions and rules listed in table 1
would not interfere with attainment or
maintenance of any of the national
ambient air quality standards or any
other requirements of the Clean Air Act
and would not affect emissions of
nonattainment pollutants. As such, the
rescission would comply with sections
110(l) and 193 of the Clean Air Act. For
these reasons, we approve ADEQ’s
rescissions of the statutory and
regulatory provisions listed in table 1
from the Arizona SIP.
II. Error Corrections
Section 110(k)(6) of the CAA provides
in relevant part that, whenever the EPA
determines that the EPA’s action
2 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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approving, disapproving, or
promulgating any SIP or SIP revision
was in error, the EPA may in the same
manner as the approval, disapproval, or
promulgation revise such action as
appropriate without requiring any
further submission from the state. In
today’s action, we are correcting four
errors made in previous rulemakings
approving revisions to the Arizona SIP.
First, on July 31, 1978 (43 FR 33245),
we approved certain state prohibitory
rules as a revision to the Arizona SIP.
Among the rules listed as approved was
R9–3–301 (‘‘Visible emissions—
General’’). However, the preamble of our
July 31, 1978 final rule clearly indicates
that the EPA did not intend to take
action on this rule (see 43 FR 33245, at
33246) but mistakenly listed R9–3–301
as approved in the regulatory portion of
the final rule. In this action, we are
correcting the error in our July 31, 1978
final rule by removing the entry for R9–
3–301 from the relevant paragraph in 40
CFR 52.120 (‘‘Identification of plan’’).
Second, on October 10, 1980 (45 FR
67345), we approved the state’s January
26, 1979 request to redesignate the Air
Quality Control Regions (AQCRs) in
Arizona as a revision to the Arizona SIP.
However, the state’s request for
redesignation of the Arizona AQCRs
was made under section 107, not section
110, of the CAA, and while the EPA
appropriately made certain
administrative changes to 40 CFR part
52 (‘‘Approval and promulgation of
implementation plans’’), subpart D
(‘‘Arizona’’) and 40 CFR part 81
(‘‘Designation of areas for air quality
planning purposes’’), subpart B
(‘‘Designation of air quality control
regions’’), the redesignation request
itself was not a SIP revision. As such,
we erred in listing the state’s January 26,
1979 redesignation request as an
approved revision to the Arizona SIP in
40 CFR part 52 (‘‘Approval and
promulgation of implementation
plans’’), subpart D (‘‘Arizona’’), section
52.120 (‘‘Identification of plan’’),
paragraph 52.120(c)(30). In today’s
action, we are removing the entry of the
state’s January 26, 1979 redesignation
request from 40 CFR 52.120.
Third, on June 18, 1982 (47 FR
26382), we approved certain statutory
provisions as a revision to the Arizona
SIP. In so doing, we approved Arizona
Revised Statutes (ARS) section 36–
1720.02 (‘‘Defenses’’). However, the
correct citation for this particular
statutory provision was ARS section 36–
1720.01, not ARS section 36–1720.02. In
today’s action, we are correcting the
citation to this statutory provision in the
relevant paragraph in 40 CFR 52.120
(‘‘Identification of plan’’).
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Fourth, on March 10, 2005 (70 FR
11882), we approved a request
submitted on September 13, 2004 by the
ADEQ to clarify the description of the
air quality planning area for the Phoenix
PM10 nonattainment area. In our March
10, 2005 final rule, we revised the PM10
table in 40 CFR part 81 (‘‘Designation of
areas for air quality planning
purposes’’), subpart C (‘‘Section 107
attainment status designations’’), section
81.303 (‘‘Arizona’’) accordingly, but we
also listed the state’s September 13,
2004 boundary clarification request as
an approval of a revision to the Arizona
SIP. However, the state’s September 13,
2005 request was submitted under CAA
section 107, not as a revision to the SIP
under section 110, and thus our listing
of it as part of the SIP in 40 CFR 52.120
(‘‘Identification of plan’’) was in error.
In today’s action, we are removing the
entry of the ADEQ’s September 13, 2004
boundary clarification request from 40
CFR 52.120.
Lastly, in a final rule published by the
Federal Communications Commission at
63 FR 16441 (April 3, 1998), 40 CFR
52.111 (‘‘Toll free number assignment’’)
was inadvertently added to subpart D
(‘‘Arizona’’) of part 52 (‘‘Approval and
promulgation of implementation
plans’’). The provisions now found at 40
CFR 52.111 were intended to be
promulgated in title 47, not title 40, and
have nothing to do with SIPs. In today’s
action, we are correcting this error by
removing 40 CFR 52.111 from the CFR.
III. Public Comment and Final Action
As authorized in section 110(k)(3) of
the Act, the EPA is approving the state’s
rescission of the statutory and
regulatory provisions listed in table 1
from the Arizona SIP because we
believe they are no longer necessary to
retain. Under section 110(k)(6), we are
also correcting errors in certain previous
actions by the EPA on prior Arizona SIP
revisions. The error corrections relate to
an inadvertent listing of a rule on which
the EPA did not take action in the
Arizona SIP, a typographical error, and
erroneous approvals of non-SIP
submittals as part of the SIP.
We do not think anyone will object to
these actions, so we are finalizing them
without proposing them in advance.
However, in the Proposed Rules section
of this Federal Register, we are
simultaneously proposing rescission of
the same provisions and correction of
the same errors. If we receive adverse
comments by March 14, 2016, 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
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14:09 Feb 10, 2016
Jkt 238001
based on the proposal. If we do not
receive timely adverse comments, the
direct final approval will be effective
without further notice on April 11,
2016.
IV. 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 state statutes, rules, and test
methods 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).
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Fmt 4700
Sfmt 4700
7213
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 April 11, 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. 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
the 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,
Particulate matter, Reporting and
recordkeeping requirements.
E:\FR\FM\11FER1.SGM
11FER1
7214
Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Rules and Regulations
Dated: January 25, 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
§ 52.111
[Removed]
2. Remove § 52.111.
3. Section 52.120 is amended by:
a. Adding paragraphs (b)(1)(i),
(c)(3)(ii) introductory text and
(c)(3)(ii)(A), and (c)(6)(i) introductory
text and (c)(6)(i)(A);
■ b. Revising paragraph (c)(19);
■ c. Adding paragraphs (c)(20)(i)
introductory text and (c)(20)(i)(A),
(c)(27)(i)(D), and (c)(29)(i)(B);
■ d. Removing and reserving paragraph
(c)(30);
■ e. Adding paragraphs (c)(43)(i)(D) and
(c)(45)(i)(E);
■ f. Revising paragraph (c)(50)(ii)(B);
■ g. Adding paragraphs (c)(50)(ii)(D)
and (c)(54)(i)(I); and
■ h. Removing and reserving paragraph
(c)(120).
The additions and revisions read as
follows:
■
■
■
§ 52.120
Identification of plan.
jstallworth on DSK7TPTVN1PROD with RULES
*
*
*
*
*
(b) * * *
(1) Arizona State Department of
Health.
(i) Previously approved on May 31,
1972 in paragraph (b) of this section and
now deleted without replacement:
Arizona Revised Statutes section 36–
1700 (‘‘Declaration of Policy’’)
(c) * * *
(3) * * *
(ii) Arizona State Department of
Health.
(A) Previously approved on July 27,
1972 in paragraph (c)(3) of this section
and now deleted without replacement:
Chapter 2 (‘‘Legal Authority’’), Section
2.9 (‘‘Jurisdiction over Indian lands’’);
Arizona Revised Statutes sections 36–
1700 (‘‘Declaration of Policy’’) and 36–
1801 (‘‘Jurisdiction over Indian Lands’’);
and Arizona State Department of Health,
Rules and Regulations for Air Pollution
Control 7–1–4.3 (‘‘Sulfite Pulp Mills’’)
and 7–1–9.1 (‘‘Policy and Legal
Authority’’).
*
*
*
*
*
VerDate Sep<11>2014
14:09 Feb 10, 2016
Jkt 238001
(6) * * *
(i) Arizona State Department of
Health.
(A) Previously approved on July 31,
1978 in paragraph (c)(6) of this section
and now deleted without replacement:
Arizona Air Pollution Control
Regulation 7–1–4.3 (R9–3–403) (‘‘Sulfur
Emissions: Sulfite Pulp Mills’’).
*
*
*
*
*
(19) Arizona Air Pollution Control
Regulations, submitted on September
16, 1975: R9–3–102 (Definitions), R9–3–
108 (Test Methods and Procedures), R9–
3–302 (Particulate Emissions: Fugitive
Dust), R9–3–303 (Particulate Emissions:
Incineration), R9–3–304 (Particulate
Emissions: Wood Waste Burners), R9–3–
305 (Particulate Emissions: Fuel
Burning Equipment), R9–3–307
(Particulate Emissions: Portland Cement
Plants); and R9–3–308 (Particulate
Emissions: Heater-Planers), submitted
on September 16, 1975.
(20) * * *
(i) Arizona State Department of
Health.
(A) Previously approved on August 4,
1978 in paragraph (c)(20) of this section
and now deleted without replacement:
Arizona Air Pollution Control
Regulation R9–3–1001 (‘‘Policy and
Legal Authority’’).
*
*
*
*
*
(27) * * *
(i) * * *
(D) Previously approved on April 23,
1982, in paragraph (c)(27)(i)(B) of this
section and now deleted without
replacement: R9–3–511 (Paragraph B),
R9–3–512 (Paragraph B), R9–3–513
(Paragraphs B and C), and R9–3–517
(Paragraphs B and 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.
*
*
*
*
*
(43) * * *
(i) * * *
(D) Previously approved on April 23,
1982, in paragraph (c)(43)(i)(B) of this
section and now deleted without
replacement: R9–3–511 (Paragraph A.1
to A.5), R9–3–512 (Paragraph A.1 to
A.5), R9–3–513 (Paragraph A.1 to A.5),
and R9–3–517 (Paragraph A.1 to A.5).
*
*
*
*
*
(45) * * *
(i) * * *
(E) Previously approved on April 23,
1982, in paragraph (c)(45)(i)(B) of this
section and now deleted without
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
replacement: R9–3–511 (Paragraph A);
R9–3–512 (Paragraph A); R9–3–513
(Paragraph A); R9–3–517 (Paragraph A);
Section 3, Method 11; Section 3.16,
Method 16; Section 3.19, Method 19;
and Section 3.20, Method 20.
*
*
*
*
*
(50) * * *
(ii) * * *
(B) Arizona State: Chapter 14, Air
Pollution, Article 1. State Air Pollution
Control, Sections 36–1700 to 36–1702,
36–1704 to 36–1706, 36–1707 to 36–
1707.06, 36–1708, 36–1720.01, and 36–
1751 to 36–1753.
*
*
*
*
*
(D) Previously approved on June 18,
1982, in paragraph (c)(50)(ii)(B) of this
section and now deleted without
replacement: Arizona Revised Statutes
section 36–1700.
*
*
*
*
*
(54) * * *
(i) * * *
(I) Previously approved on September
28, 1982, in paragraph (c)(54)(i)(C) of
this section and now deleted without
replacement: R9–3–511 (Paragraph A to
A.1 and A.2), R9–3–513 (Paragraph A to
A.1 and A.2), and R9–3–517 (Paragraph
A to A.1).
*
*
*
*
*
[FR Doc. 2016–02714 Filed 2–10–16; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 402
[Docket No. FWS–R9–ES–2011–0072;
Docket No. 120106026–4999–03]
RIN 1018–AX88; 0648–BB80
Interagency Cooperation—Endangered
Species Act of 1973, as Amended;
Definition of Destruction or Adverse
Modification of Critical Habitat
U.S. Fish and Wildlife
Service, Interior; National Marine
Fisheries Service, National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Final rule.
AGENCIES:
The U.S. Fish and Wildlife
Service (FWS) and the National Marine
Fisheries Service (NMFS), collectively
referred to as the ‘‘Services’’ or ‘‘we,’’
revise a regulatory definition that is
SUMMARY:
E:\FR\FM\11FER1.SGM
11FER1
]]>Agencies
[Federal Register Volume 81, Number 28 (Thursday, February 11, 2016)]
[Rules and Regulations]
[Pages 7209-7214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02714]
[[Page 7209]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2016-0028; FRL-9942-03-Region-09]
Approval of Air Plan Revisions; Arizona; Rescissions and
Corrections
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Arizona State Implementation
Plan (SIP) under the Clean Air Act. These revisions include rescissions
of certain statutory provisions, administrative and prohibitory rules,
and test methods. The EPA is also taking direct final action to correct
certain errors in previous actions on prior revisions to the Arizona
SIP and to make certain other corrections. The intended effect is to
rescind unnecessary provisions from the applicable SIP and to correct
certain errors in previous SIP actions.
DATES: This rule is effective on April 11, 2016 without further notice,
unless the EPA receives adverse comments by March 14, 2016. 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 your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0028 at https://www.regulations.gov, or via email to Andrew
Steckel, Rules Office Chief, at Steckel.Andrew@epa.gov. For comments
submitted at Regulations.gov, follow the online instructions for
submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. For either manner of submission, 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
contents located outside of the primary submission (i.e. on the web,
cloud, or other file sharing system). For additional submission
methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, (415) 972-
3073, Gong.Kevin@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. The State's Rescissions
A. Which SIP provisions has the state rescinded?
B. How is the EPA evaluating the rescissions?
1. Declarations of Policy and Legal Authority
2. Jurisdiction Over Indian Lands
3. Prohibitory Rules
4. Test Methods and Performance Specifications
C. Do the rescissions meet all applicable requirements?
II. Error Corrections
III. Public Comment and Final Action
IV. Statutory and Executive Order Reviews
I. The State's Rescissions
A. Which SIP provisions has the state rescinded?
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 State
Implementation Plan (SIP). The rescissions relate to certain statutory
provisions, administrative and prohibitory rules, and test methods. In
the January 13, 2016 submittal, ADEQ included evidence of public
notification of the rescissions (including the rescissions submitted on
March 10, 2015), provision of a 30-day comment period, and opportunity
for public hearing. See appendix A to the January 13, 2016 SIP revision
submittal for documentation of ADEQ's public process prior to adoption
and submittal of the revision to the EPA.
Table 1 lists the statutory and regulatory provisions that ADEQ has
rescinded,\1\ 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. Under section 110(k)(3) of the Clean Air Act (CAA or
``Act''), the EPA is obligated to approve, disapprove, or conditionally
approve SIPs and SIP revisions, including rescissions.
---------------------------------------------------------------------------
\1\ In addition to the provisions listed in table 1, ADEQ also
submitted the rescission of R9-3-310, approved by the EPA at 49 FR
41026 (October 19, 1984). However, the EPA has already acted to
approve the rescission of that particular provision from the Arizona
SIP (see 80 FR 67319 (November 2, 2015)), and thus we will be taking
no further action on that provision.
Table 1--Arizona SIP Statutory and Regulatory Provisions That ADEQ Has Rescinded
----------------------------------------------------------------------------------------------------------------
Statutory or regulatory provision Title EPA Approval Rescission submittal date
----------------------------------------------------------------------------------------------------------------
ARS 36-1700....................... Declaration of Policy 37 FR 10842 (May 31, January 13, 2016.
1972); 37 FR 15080
(July 27, 1972); 47
FR 26382 (June 18,
1982).
ARS 36-1801....................... Jurisdiction over 37 FR 15080 (July January 13, 2016.
Indian Lands. 27, 1972).
Chapter 2, section 2.9 of ``The Legal Authority-- 37 FR 15080 (July January 13, 2016.
State of Arizona Air Pollution Jurisdiction over 27, 1972).
Control Implementation Plan''. Indian Lands.
Rule 7-1-9.1...................... Policy and legal 37 FR 15080 (July January 13, 2016.
authority. 27, 1972).
Rule R9-3-1001.................... Policy and legal 43 FR 34470 (August January 13, 2016.
authority. 4, 1978).
Rule 7-1-4.3...................... Sulfite Pulp Mills... 37 FR 15080 (July January 13, 2016.
27, 1972).
[[Page 7210]]
Rule 7-1-4.3 (R9-3-403)........... Sulfur Emissions: 43 FR 33245 (July January 13, 2016.
Sulfite Pulp Mills. 31, 1978).
AAC R9-3-511...................... Standards of 47 FR 42572 March 10, 2015.
Performance for (September 28,
Existing Secondary 1982); 47 FR 17483
Lead Smelters. (April 23, 1982).
AAC R9-3-512...................... Standards of 47 FR 17483 (April March 10, 2015.
Performance for 23, 1982).
Existing Secondary
Brass and Bronze
Ingot Production
Plants.
AAC R9-3-513...................... Standards of 47 FR 42572 March 10, 2015.
Performance for (September 28,
Existing Iron and 1982); 47 FR 17483
Steel Plants. (April 23, 1982).
AAC R9-3-517...................... Standards of 47 FR 42572 March 10, 2015.
Performance for (September 28,
Steel Plants; 1982); 47 FR 17483
Existing Electric (April 23, 1982).
Arc Furnaces (EAF).
Arizona Testing Manual for Air Method 1 Sample and 47 FR 17483 (April January 13, 2016.
Pollutant Emissions, Section 3.01. Velocity Traverses 23, 1982).
for Stationary
Sources.
Arizona Testing Manual for Air Method 2 47 FR 17483 (April January 13, 2016.
Pollutant Emissions, Section 3.02. Determination of 23, 1982).
Stack Gas Velocity
and Volumetric Flow
Rate (Type S Pitot
Tube).
Arizona Testing Manual for Air Method 2A Direct 47 FR 17483 (April January 13, 2016.
Pollutant Emissions, Section 3.02. Measurement of Gas 23, 1982).
Volume Through Pipes
and Small Ducts.
Arizona Testing Manual for Air Method 2B 47 FR 17483 (April January 13, 2016.
Pollutant Emissions, Section 3.02. Determination of 23, 1982).
Exhaust Gas Volume
Flow Rate from
Gasoline Vapor
Incinerators.
Arizona Testing Manual for Air Method 3 Gas Analysis 47 FR 17483 (April January 13, 2016.
Pollutant Emissions, Section 3.03. for Carbon Dioxide, 23, 1982).
Excess Air, Dry
Molecular Weight.
Arizona Testing Manual for Air Method 3A 47 FR 17483 (April January 13, 2016.
Pollutant Emissions, Section 3.03. Determination of 23, 1982).
Oxygen and Carbon
Dioxide
Concentrations in
Emissions from
Stationary Sources
(Instrumental
Analyzer Procedure).
Arizona Testing Manual for Air Method 4 47 FR 17483 (April January 13, 2016.
Pollutant Emissions, Section 3.04. Determination of 23, 1982).
Moisture in Stack
Gases.
Arizona Testing Manual for Air Method 5 47 FR 17483 (April January 13, 2016.
Pollutant Emissions, Section 3.05. Determination of 23, 1982).
Particulate
Emissions from
Stationary Sources.
Arizona Testing Manual for Air Method 6 47 FR 17483 (April January 13, 2016.
Pollutant Emissions, Section 3.06. Determination of 23, 1982).
Sulfur Dioxide
Emissions from
Stationary Sources.
Arizona Testing Manual for Air Method 7 47 FR 17483 (April January 13, 2016.
Pollutant Emissions, Section 3.07. Determination of 23, 1982).
Nitrogen Oxide
Emissions from
Stationary Sources.
Arizona Testing Manual for Air Method 8 47 FR 17483 (April January 13, 2016.
Pollutant Emissions, Section 3.08. Determination of 23, 1982).
Sulfuric Acid Mist
and Sulfur Dioxide
Emissions from
Stationary Sources.
Arizona Testing Manual for Air Method 9 Visual 47 FR 17483 (April January 13, 2016.
Pollutant Emissions, Section 3.09. Determination of the 23, 1982).
Opacity of Emissions
from Stationary
Sources.
Arizona Testing Manual for Air Method 10 47 FR 17483 (April January 13, 2016.
Pollutant Emissions, Section 3.10. Determination of 23, 1982).
Carbon Monoxide
Emissions from
Stationary Sources.
Arizona Testing Manual for Air Method 11 47 FR 17483 (April January 13, 2016.
Pollutant Emissions, Section 3.11. Determination of 23, 1982).
Hydrogen Sulfide
Emissions from
Stationary Sources.
Arizona Testing Manual for Air Method 13B 47 FR 17483 (April January 13, 2016.
Pollutant Emissions, Section 3.13. Determination of 23, 1982).
Total Fluoride
Emissions from
Stationary Sources--
Specific Ion
Electrode Method.
Arizona Testing Manual for Air Method 13 47 FR 17483 (April January 13, 2016.
Pollutant Emissions, Section 3.13. Determination of 23, 1982).
Total Fluoride
Emissions from
Stationary Sources--
SOADNS Zirconium
Lake Method.
Arizona Testing Manual for Air Method 14 47 FR 17483 (April January 13, 2016.
Pollutant Emissions, Section 3.14. Determination of 23, 1982).
Total Fluoride
Emissions from
Potroom Roof
Monitors for Primary
Aluminum Plants.
Arizona Testing Manual for Air Method 15 47 FR 17483 (April January 13, 2016.
Pollutant Emissions, Section 3.15. Determination of 23, 1982).
Hydrogen Sulfide,
Carbonyl Sulfide,
and Carbon Disulfide
Emissions from
Stationary Sources.
Arizona Testing Manual for Air Method 16 47 FR 17483 (April January 13, 2016.
Pollutant Emissions, Section 3.16. Semicontinuous 23, 1982).
Determination of
Sulfur Emissions
from Stationary
Sources.
Arizona Testing Manual for Air Method 17 47 FR 17483 (April January 13, 2016.
Pollutant Emissions, Section 3.17. Determination of 23, 1982).
Particulate
Emissions from
Stationary Sources
(In-Stack Filtration
Method).
[[Page 7211]]
Arizona Testing Manual for Air Method 19 47 FR 17483 (April January 13, 2016.
Pollutant Emissions, Section 3.19. Determination of 23, 1982).
Sulfur Dioxide,
Removal Efficiency
and Particulate,
Sulfur Dioxide and
Nitrogen Oxides
Emission Rates from
Electric Utility
Steam Generators.
Arizona Testing Manual for Air Method 20 47 FR 17483 (April January 13, 2016.
Pollutant Emissions, Section 3.20. Determination of 23, 1982).
Nitrogen Oxides,
Sulfur Dioxide, and
Diluent Emissions
from Stationary Gas
Turbines.
Arizona Testing Manual for Air Performance 47 FR 17483 (April January 13, 2016.
Pollutant Emissions, Section 4.01. Specification 1: 23, 1982).
Performance
specifications and
specification test
procedures for
transmissometer
systems for
continuous
measurement of the
opacity of stack
emissions.
Arizona Testing Manual for Air Performance 47 FR 17483 (April January 13, 2016.
Pollutant Emissions, Section 4.02. Specification 2: 23, 1982).
Performance
specifications and
specification test
procedures for
monitors of SO2 and
NOX from stationary
sources.
Arizona Testing Manual for Air Performance 47 FR 17483 (April January 13, 2016.
Pollutant Emissions, Section 4.03. Specification 3: 23, 1982).
Performance
specifications and
specification test
procedures for
monitors of CO2 and
O2 from stationary
sources.
----------------------------------------------------------------------------------------------------------------
B. How is the EPA evaluating the rescissions?
Generally, SIP requirements must be enforceable (see section 110(a)
of the Act), and SIP revisions must not modify the SIP inconsistent
with sections 110(l) and 193. Section 110(l) prohibits the EPA from
approving a revision to a SIP if the revision would interfere with any
applicable requirement concerning attainment and reasonable further
progress or any other applicable requirement of the CAA. Section 193
states that no control requirement in effect, or required to be adopted
by an order, settlement agreement, or plan in effect before November
15, 1990, in any area which is a nonattainment area for any pollutant
may be modified after November 15, 1990 in any manner unless the
modification insures equivalent or greater emissions reductions of such
air pollutant.
In today's action, we review, evaluate, and approve ADEQ's
submittals dated March 10, 2015 and January 13, 2016 of revisions to
the Arizona SIP involving rescissions of certain statutory and
regulatory provisions that fall into four categories: (1) Declarations
of policy and legal authority, (2) jurisdiction over Indian lands, (3)
prohibitory rules, and (4) test methods and performance test
specifications.
1. Declarations of Policy and Legal Authority
The EPA approved ARS section 36-1700 (``Declaration of Policy'') in
May 1972 as part of the original Arizona SIP, and then approved it
again in July 1972, and then again, as amended, in June 1982. See table
1 above. ARS section 36-1700 is a general statement of policy by the
Arizona Legislature and sets forth the intent of the Legislature in
establishing an air pollution control program in the state. As such,
ARS section 36-1700 does not provide specific authority to any
administrative agency to fulfill any particular regulatory function,
nor does it establish any type of emissions standard or address any
particular requirement for SIPs under the CAA. As such, we find that
ARS section 36-1700 need not be retained in the Arizona SIP and thus
find the state's corresponding rescission to be acceptable.
As shown in table 1, the EPA approved Arizona air pollution control
rule 7-1-9.1 (``Policy and legal authority'') in July 1972 and then
again as amended and renumbered (as R9-3-1001) in August 1978. Arizona
rule 7-1-9.1 (R9-3-1001) cites the legal authority under which the
rules relating to motor vehicle inspection and maintenance are adopted
and also includes a general statement of policy. The specific statutory
provisions cited by rule 7-1-9.1 (R9-3-1001) have been approved into
the applicable SIP and, as discussed above, general statements of
policy are not required for SIPs. As such, we find no need to retain
rule 7-1-9.1 or its renumbered version R9-3-1001 in the applicable
Arizona SIP. Therefore, we find the state's rescission of the two rules
from the Arizona SIP to be acceptable.
2. Jurisdiction Over Indian Lands
The EPA approved chapter 2, section 2.9 (``Legal authority--
Jurisdiction over Indian Lands'') and ARS section 36-1801
(``Jurisdiction over Indian Lands'') in July 1972. As described in
chapter 2, section 2.9 of the Arizona SIP, under ARS section 36-1801,
the State of Arizona assumed jurisdiction relating to air pollution
control on all lands within the state including Indian tribal lands,
reservations, and allotments.
ARS section 36-1801 was recodified as ARS section 49-561 in 1986,
but is no longer found in Arizona law. More importantly, the state's
assumption of jurisdiction relating to air pollution control on Indian
reservations conflicts with federal law. See generally CAA section
301(d) and the EPA's tribal authority rule at 40 CFR part 49 (``Indian
country: air quality planning and management''). More specifically,
within the boundaries of an Indian reservation and any other area for
which the EPA or a tribe has demonstrated that a tribe has
jurisdiction, the EPA or authorized tribe has regulatory jurisdiction
under the Clean Air Act. See Oklahoma Department of Environmental
Quality v. EPA, 740 F.3d 185 (D.C. Cir. 2014). As such, ARS section 36-
1801 should not be retained, and the EPA finds the state's
corresponding rescissions of chapter 2, section 2.9 and ARS section 36-
1801 from the Arizona SIP to be appropriate.
3. Prohibitory Rules
On March 10, 2015, the ADEQ submitted rescissions of the following
rules from the Arizona SIP because there are no secondary lead
smelters, secondary brass and bronze ingot productions plants, iron and
steel
[[Page 7212]]
plants, or electric arc furnaces (EAF) under the ADEQ's jurisdiction:
R9-3-511, Standards of Performance for Existing Secondary
Lead Smelters,
R9-3-512, Standards of Performance for Existing Secondary
Brass and Bronze Ingot Production Plants,
R9-3-513, Standards of Performance for Existing Iron and
Steel Plants, and
R9-3-517, Standards of Performance for Steel Plants;
Existing Electric Arc Furnaces (EAF).
To determine that there are no operating facilities in the state
that fall under one of the specified source categories, ADEQ reviewed
its permit and emissions inventory systems and consulted with
knowledgeable staff. As a result of these searches, ADEQ determined
that there are no operating facilities within ADEQ's jurisdiction that
fall under these source categories.
On January 13, 2016, ADEQ also submitted a rescission of another
rule, Arizona air pollution control rule 7-1-4.3 (``Sulfur Pulp
Mills''), which was approved by the EPA in July 1972 and again in July
1978 as rule 7-1-4.3 (R9-3-403) (''Sulfur Emissions: Sulfite Pulp
Mills''). Like the four prohibitory rules discussed above, no
facilities remain in operation in Arizona that are subject to the
requirements of rule 7-1-4.3. Therefore, we find the ADEQ's rescissions
of the prohibitory rules discussed above from the Arizona SIP to be
acceptable.
4. Test Methods and Performance Specifications
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
specifications in 40 CFR part 60 have 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
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.\2\ 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 find ADEQ's rescission of them to be
acceptable.
---------------------------------------------------------------------------
\2\ 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.
---------------------------------------------------------------------------
C. Do the rescissions meet all applicable requirements?
The EPA has evaluated all the submittal documentation and has
determined that the rescission of the statutory and regulatory
provisions listed in table 1 is approvable because (1) the statements
of policy and legal authority are not necessary to fulfill any CAA SIP
purpose; (2) the provisions asserting jurisdiction over Indian
reservations conflict with federal law; (3) ADEQ has adequately
demonstrated that there are no existing sources subject to the listed
prohibitory rules; and (4) the test methods and performance test
specifications are outdated and other SIP provisions provide for use of
more up-to-date procedures. Furthermore, with respect to the subject
prohibitory rules, the emissions from any new facilities of the type
that would have been subject to these rules will be subject to
applicable New Source Review rules and New Source Performance
Standards, which can reasonably be assumed to result in more stringent
emission limits than would apply under these rules.
Therefore, rescission of the statutory provisions and rules listed
in table 1 would not interfere with attainment or maintenance of any of
the national ambient air quality standards or any other requirements of
the Clean Air Act and would not affect emissions of nonattainment
pollutants. As such, the rescission would comply with sections 110(l)
and 193 of the Clean Air Act. For these reasons, we approve ADEQ's
rescissions of the statutory and regulatory provisions listed in table
1 from the Arizona SIP.
II. Error Corrections
Section 110(k)(6) of the CAA provides in relevant part that,
whenever the EPA determines that the EPA's action approving,
disapproving, or promulgating any SIP or SIP revision was in error, the
EPA may in the same manner as the approval, disapproval, or
promulgation revise such action as appropriate without requiring any
further submission from the state. In today's action, we are correcting
four errors made in previous rulemakings approving revisions to the
Arizona SIP.
First, on July 31, 1978 (43 FR 33245), we approved certain state
prohibitory rules as a revision to the Arizona SIP. Among the rules
listed as approved was R9-3-301 (``Visible emissions--General'').
However, the preamble of our July 31, 1978 final rule clearly indicates
that the EPA did not intend to take action on this rule (see 43 FR
33245, at 33246) but mistakenly listed R9-3-301 as approved in the
regulatory portion of the final rule. In this action, we are correcting
the error in our July 31, 1978 final rule by removing the entry for R9-
3-301 from the relevant paragraph in 40 CFR 52.120 (``Identification of
plan'').
Second, on October 10, 1980 (45 FR 67345), we approved the state's
January 26, 1979 request to redesignate the Air Quality Control Regions
(AQCRs) in Arizona as a revision to the Arizona SIP. However, the
state's request for redesignation of the Arizona AQCRs was made under
section 107, not section 110, of the CAA, and while the EPA
appropriately made certain administrative changes to 40 CFR part 52
(``Approval and promulgation of implementation plans''), subpart D
(``Arizona'') and 40 CFR part 81 (``Designation of areas for air
quality planning purposes''), subpart B (``Designation of air quality
control regions''), the redesignation request itself was not a SIP
revision. As such, we erred in listing the state's January 26, 1979
redesignation request as an approved revision to the Arizona SIP in 40
CFR part 52 (``Approval and promulgation of implementation plans''),
subpart D (``Arizona''), section 52.120 (``Identification of plan''),
paragraph 52.120(c)(30). In today's action, we are removing the entry
of the state's January 26, 1979 redesignation request from 40 CFR
52.120.
Third, on June 18, 1982 (47 FR 26382), we approved certain
statutory provisions as a revision to the Arizona SIP. In so doing, we
approved Arizona Revised Statutes (ARS) section 36-1720.02
(``Defenses''). However, the correct citation for this particular
statutory provision was ARS section 36-1720.01, not ARS section 36-
1720.02. In today's action, we are correcting the citation to this
statutory provision in the relevant paragraph in 40 CFR 52.120
(``Identification of plan'').
[[Page 7213]]
Fourth, on March 10, 2005 (70 FR 11882), we approved a request
submitted on September 13, 2004 by the ADEQ to clarify the description
of the air quality planning area for the Phoenix PM10
nonattainment area. In our March 10, 2005 final rule, we revised the
PM10 table in 40 CFR part 81 (``Designation of areas for air
quality planning purposes''), subpart C (``Section 107 attainment
status designations''), section 81.303 (``Arizona'') accordingly, but
we also listed the state's September 13, 2004 boundary clarification
request as an approval of a revision to the Arizona SIP. However, the
state's September 13, 2005 request was submitted under CAA section 107,
not as a revision to the SIP under section 110, and thus our listing of
it as part of the SIP in 40 CFR 52.120 (``Identification of plan'') was
in error. In today's action, we are removing the entry of the ADEQ's
September 13, 2004 boundary clarification request from 40 CFR 52.120.
Lastly, in a final rule published by the Federal Communications
Commission at 63 FR 16441 (April 3, 1998), 40 CFR 52.111 (``Toll free
number assignment'') was inadvertently added to subpart D (``Arizona'')
of part 52 (``Approval and promulgation of implementation plans''). The
provisions now found at 40 CFR 52.111 were intended to be promulgated
in title 47, not title 40, and have nothing to do with SIPs. In today's
action, we are correcting this error by removing 40 CFR 52.111 from the
CFR.
III. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, the EPA is approving
the state's rescission of the statutory and regulatory provisions
listed in table 1 from the Arizona SIP because we believe they are no
longer necessary to retain. Under section 110(k)(6), we are also
correcting errors in certain previous actions by the EPA on prior
Arizona SIP revisions. The error corrections relate to an inadvertent
listing of a rule on which the EPA did not take action in the Arizona
SIP, a typographical error, and erroneous approvals of non-SIP
submittals as part of the SIP.
We do not think anyone will object to these actions, so we are
finalizing them without proposing them in advance. However, in the
Proposed Rules section of this Federal Register, we are simultaneously
proposing rescission of the same provisions and correction of the same
errors. If we receive adverse comments by March 14, 2016, 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 April 11,
2016.
IV. 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 state statutes, rules, and
test methods 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 April 11, 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. 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 the 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, Particulate matter, Reporting
and recordkeeping requirements.
[[Page 7214]]
Dated: January 25, 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
Sec. 52.111 [Removed]
0
2. Remove Sec. 52.111.
0
3. Section 52.120 is amended by:
0
a. Adding paragraphs (b)(1)(i), (c)(3)(ii) introductory text and
(c)(3)(ii)(A), and (c)(6)(i) introductory text and (c)(6)(i)(A);
0
b. Revising paragraph (c)(19);
0
c. Adding paragraphs (c)(20)(i) introductory text and (c)(20)(i)(A),
(c)(27)(i)(D), and (c)(29)(i)(B);
0
d. Removing and reserving paragraph (c)(30);
0
e. Adding paragraphs (c)(43)(i)(D) and (c)(45)(i)(E);
0
f. Revising paragraph (c)(50)(ii)(B);
0
g. Adding paragraphs (c)(50)(ii)(D) and (c)(54)(i)(I); and
0
h. Removing and reserving paragraph (c)(120).
The additions and revisions read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(b) * * *
(1) Arizona State Department of Health.
(i) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement: Arizona Revised Statutes
section 36-1700 (``Declaration of Policy'')
(c) * * *
(3) * * *
(ii) Arizona State Department of Health.
(A) Previously approved on July 27, 1972 in paragraph (c)(3) of
this section and now deleted without replacement: Chapter 2 (``Legal
Authority''), Section 2.9 (``Jurisdiction over Indian lands''); Arizona
Revised Statutes sections 36-1700 (``Declaration of Policy'') and 36-
1801 (``Jurisdiction over Indian Lands''); and Arizona State Department
of Health, Rules and Regulations for Air Pollution Control 7-1-4.3
(``Sulfite Pulp Mills'') and 7-1-9.1 (``Policy and Legal Authority'').
* * * * *
(6) * * *
(i) Arizona State Department of Health.
(A) Previously approved on July 31, 1978 in paragraph (c)(6) of
this section and now deleted without replacement: Arizona Air Pollution
Control Regulation 7-1-4.3 (R9-3-403) (``Sulfur Emissions: Sulfite Pulp
Mills'').
* * * * *
(19) Arizona Air Pollution Control Regulations, submitted on
September 16, 1975: R9-3-102 (Definitions), R9-3-108 (Test Methods and
Procedures), R9-3-302 (Particulate Emissions: Fugitive Dust), R9-3-303
(Particulate Emissions: Incineration), R9-3-304 (Particulate Emissions:
Wood Waste Burners), R9-3-305 (Particulate Emissions: Fuel Burning
Equipment), R9-3-307 (Particulate Emissions: Portland Cement Plants);
and R9-3-308 (Particulate Emissions: Heater-Planers), submitted on
September 16, 1975.
(20) * * *
(i) Arizona State Department of Health.
(A) Previously approved on August 4, 1978 in paragraph (c)(20) of
this section and now deleted without replacement: Arizona Air Pollution
Control Regulation R9-3-1001 (``Policy and Legal Authority'').
* * * * *
(27) * * *
(i) * * *
(D) Previously approved on April 23, 1982, in paragraph
(c)(27)(i)(B) of this section and now deleted without replacement: R9-
3-511 (Paragraph B), R9-3-512 (Paragraph B), R9-3-513 (Paragraphs B and
C), and R9-3-517 (Paragraphs B and 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.
* * * * *
(43) * * *
(i) * * *
(D) Previously approved on April 23, 1982, in paragraph
(c)(43)(i)(B) of this section and now deleted without replacement: R9-
3-511 (Paragraph A.1 to A.5), R9-3-512 (Paragraph A.1 to A.5), R9-3-513
(Paragraph A.1 to A.5), and R9-3-517 (Paragraph A.1 to A.5).
* * * * *
(45) * * *
(i) * * *
(E) Previously approved on April 23, 1982, in paragraph
(c)(45)(i)(B) of this section and now deleted without replacement: R9-
3-511 (Paragraph A); R9-3-512 (Paragraph A); R9-3-513 (Paragraph A);
R9-3-517 (Paragraph A); Section 3, Method 11; Section 3.16, Method 16;
Section 3.19, Method 19; and Section 3.20, Method 20.
* * * * *
(50) * * *
(ii) * * *
(B) Arizona State: Chapter 14, Air Pollution, Article 1. State Air
Pollution Control, Sections 36-1700 to 36-1702, 36-1704 to 36-1706, 36-
1707 to 36-1707.06, 36-1708, 36-1720.01, and 36-1751 to 36-1753.
* * * * *
(D) Previously approved on June 18, 1982, in paragraph
(c)(50)(ii)(B) of this section and now deleted without replacement:
Arizona Revised Statutes section 36-1700.
* * * * *
(54) * * *
(i) * * *
(I) Previously approved on September 28, 1982, in paragraph
(c)(54)(i)(C) of this section and now deleted without replacement: R9-
3-511 (Paragraph A to A.1 and A.2), R9-3-513 (Paragraph A to A.1 and
A.2), and R9-3-517 (Paragraph A to A.1).
* * * * *
[FR Doc. 2016-02714 Filed 2-10-16; 8:45 am]
BILLING CODE 6560-50-P
