Air Plan Approval; Arizona; Stationary Sources; New Source Review, 19631-19637 [2018-09205]
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Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Rules and Regulations
Notice of deviation from
drawbridge regulation.
ACTION:
The Coast Guard has modified
a temporary deviation from the
operating schedule that governs the
California Department of Transportation
Highway and Bicycle drawbridges
across San Leandro Bay, mile 0.0 and
mile 0.1, between Alameda and Bay
Farm Island, CA. The modified
deviation extends the period the bridges
may remain in the closed-to-navigation
position and is necessary to allow the
bridge owner to complete major
rehabilitation and maintenance.
DATES: This modified deviation is
effective from 6 p.m. on May 27, 2018
through 9 p.m. on June 7, 2018.
ADDRESSES: The docket for this
deviation, USCG–2017–1074, is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Carl T. Hausner,
Chief, Bridge Section, Eleventh Coast
Guard District; telephone 510–437–
3516; email Carl.T.Hausner@uscg.mil.
SUPPLEMENTARY INFORMATION: On
December 20, 2017, the Coast Guard
published a temporary deviation
entitled ‘‘Drawbridge Operation
Regulation; San Leandro Bay, between
Alameda and Bay Farm Island,
California’’ in the Federal Register (82
FR 60315). That temporary deviation,
from 6 a.m. on January 2, 2018 to 6 p.m.
on May 27, 2018, allows the drawspans
to be secured in the closed-to-navigation
position. The bridge owner, the
California Department of
Transportation, has requested a
modification to the currently published
deviation, extending it from 6 p.m. on
May 27, 2018 to 9 p.m. on June 7, 2018
in order to complete major
rehabilitation and maintenance of the
drawbridges.
The highway drawbridge navigation
span provides a vertical clearance of 20
feet above Mean High Water in the
closed-to-navigation position. The
bicycle drawbridge navigation span
provides a vertical clearance of 26 feet
above Mean High Water in the closedto-navigation position. The draws
operate as required by 33 CFR 117.193.
Navigation on the waterway is
commercial and recreational.
The drawspans will be secured in the
closed-to-navigation position from 6
p.m. on May 27, 2018 through 9 p.m. on
June 7, 2018, to allow the bridge to
complete major rehabilitation and
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SUMMARY:
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maintenance work. A temporary
platform is installed beneath the
drawspan of the highway drawbridge
reducing he vertical clearance by 3 feet.
This temporary deviation modification
has been coordinated with waterway
users. No objections to the proposed
temporary deviation modification were
raised.
Vessels able to pass through the
bridge in the closed position may do so
at any time. The bridge will not be able
to open for emergencies and Oakland
Inner Harbor Tidal Canal can be used as
an alternate route for vessels unable to
pass through the bridges in the closed
position. The Coast Guard will also
inform the users of the waterway
through our Local and Broadcast
Notices to Mariners of the change in
operating schedule for the bridges so
vessel operators can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridges must return to their
regular operating schedule immediately
at the end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: April 30, 2018.
Carl T. Hausner,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2018–09432 Filed 5–3–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2017–0255; FRL–9977–
23—Region 9]
Air Plan Approval; Arizona; Stationary
Sources; New Source Review
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the Arizona
Department of Environmental Quality
(ADEQ) portion of the applicable Clean
Air Act (CAA or Act) state
implementation plan (SIP) for the State
of Arizona (State). We are approving
revisions that are primarily intended to
correct deficiencies in ADEQ’s SIPapproved rules for the issuance of New
Source Review (NSR) permits for
stationary sources, with a focus on the
Act’s preconstruction permit
requirements for major sources and
SUMMARY:
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19631
major modifications. This action also
finalizes a conditional approval of
ADEQ’s NSR program with respect to
the CAA requirements related to
ammonia as a precursor to fine
particulate matter (PM2.5) under the
nonattainment NSR (NA–NSR) program
requirements in CAA section 189(e). In
addition, this action permanently
terminates the sanctions clock
associated with deficiencies being
corrected by the rules being approved
today, except that this action continues
the deferral of sanctions under the Act
related to PM2.5 precursors under
section 189(e) of the Act for the NA–
NSR program.
DATES: This rule is effective June 4,
2018.
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2017–0255. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Lisa
Beckham, EPA Region IX, (415) 972–
381, beckham.lisa@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
ADDRESSES:
Table of Contents
I. Proposed Actions
II. Public Comments and the EPA’s
Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Actions
On June 1, 2017 (82 FR 25213), the
EPA proposed to approve the rules
listed in Table 1, below, which were
submitted by ADEQ on April 28, 2017
for approval into the ADEQ portion of
the Arizona SIP (hereinafter referred to
as the April 2017 NSR submittal). The
submitted rules are from the Arizona
Administrative Code, Title 18—
Environmental Quality, Chapter 2—
Department of Environmental Quality—
Air Pollution Control, Articles 1
through 4.
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Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Rules and Regulations
TABLE 1—SUBMITTED RULES BEING APPROVED INTO THE ARIZONA SIP IN THIS ACTION
Rule
State effective
date
Title
R18–2–101
R18–2–201
R18–2–203
R18–2–217
R18–2–218
R18–2–330
R18–2–332
R18–2–401
R18–2–402
R18–2–403
R18–2–404
R18–2–405
(except 20) ............................
...............................................
...............................................
...............................................
...............................................
...............................................
...............................................
...............................................
...............................................
...............................................
...............................................
...............................................
R18–2–406
R18–2–407
R18–2–408
R18–2–410
R18–2–411
...............................................
...............................................
...............................................
...............................................
...............................................
R18–2–412 ...............................................
Definitions ..................................................................................................................
Particulate Matter: PM10 and PM2.5 ..........................................................................
Ozone ........................................................................................................................
Designation and Classification of Attainment Areas .................................................
Limitation of Pollutants in Classified Attainment Areas ............................................
Public Participation ....................................................................................................
Stack Height Limitation ..............................................................................................
Definitions ..................................................................................................................
General ......................................................................................................................
Permits for Sources Located in Nonattainment Areas ..............................................
Offset Standards ........................................................................................................
Special Rule for Major Sources of VOC or Nitrogen Oxides in Ozone Nonattainment Areas Classified as Serious or Severe.
Permit Requirements for Sources Located in Attainment and Unclassifiable Areas
Air Quality Impact Analysis and Monitoring Requirements .......................................
Innovative Control Technology ..................................................................................
Visibility and Air Quality Related Value Protection ...................................................
Permit Requirements for Sources that Locate in Attainment or Unclassifiable
Areas and Cause or Contribute to a Violation of Any National Ambient Air Quality Standard.
PALs ..........................................................................................................................
As discussed in our June 1, 2017
proposed action, these rule revisions are
intended to correct deficiencies in
ADEQ’s SIP-approved NSR program
related to the requirements under both
part C (prevention of significant
deterioration or PSD) and part D (NA–
NSR) of title I of the Act, which apply
to major stationary sources and major
modifications of such sources. 82 FR
25213. These revisions are necessary to
correct several deficiencies we
identified in a 2015 EPA final rule
action to update ADEQ’s SIP-approved
NSR program, as well as certain
deficiencies with ADEQ’s NSR program
that were the focus of a 2016 EPA final
rule action related to PM2.5 precursors
under the NA–NSR program
requirements in CAA section 189(e). See
80 FR 67319 (Nov. 2, 2015) and 81 FR
40525 (June 22, 2016). We proposed to
approve the April 2017 NSR submittal
because we determined that the rules in
the submittal complied with the
relevant CAA requirements, with one
exception, which ADEQ had indicated
that it intended to address with a later
SIP submittal, as discussed further
below. Our June 1, 2017 proposed
action contains more information on the
rules in the April 2017 NSR submittal
and our evaluation.
We also stated in our June 1, 2017
proposal that in our final action, we
intended to update 40 CFR 52.144 to
clarify that ADEQ has an approved PSD
program, except for greenhouse gases
(GHGs),1 under sections 160 through
165 of the Act. We explained that we
would also move the codification of the
PSD Federal Implementation Plan (FIP)
for GHGs for Arizona from 40 CFR 52.37
to 40 CFR 52.144, where the State of
Arizona’s PSD program approval is
listed.
The rules in the April 2017 NSR
submittal will apply in all areas and to
all stationary sources within Arizona for
March
March
March
March
March
March
March
March
March
March
March
March
21,
21,
21,
21,
21,
21,
21,
21,
21,
21,
21,
21,
2017.
2017.
2017.
2017.
2017.
2017.
2017.
2017.
2017.
2017.
2017.
2017.
March
March
March
March
March
21,
21,
21,
21,
21,
2017.
2017.
2017.
2017.
2017.
March 21, 2017.
which ADEQ has CAA permitting
jurisdiction. Currently, ADEQ has
permitting jurisdiction for the following
stationary source categories in all areas
of Arizona: Smelting of metal ores, coalfired electric generating stations,
petroleum refineries, Portland cement
plants, and portable sources. ADEQ also
has permitting jurisdiction for major
and minor sources in the following
counties: Apache, Cochise, Coconino,
Gila, Graham, Greenlee, La Paz,
Mohave, Navajo, Santa Cruz, Yavapai,
and Yuma. Finally, ADEQ has
permitting jurisdiction over major
sources in Pinal County 2 and the
Rosemont Copper Mine in Pima County.
Table 2 lists the existing rules in the
Arizona SIP that would be superseded
or removed from the ADEQ portion of
the Arizona SIP as part of our action.
These rules would generally be replaced
in the SIP by the submitted set of rules
listed in Table 1.
TABLE 2—SIP RULES BEING REMOVED FROM ARIZONA SIP IN THIS ACTION
EPA approval
date
Federal
Register citation
Title
R9–3–301(I) and
(K).
R9–3–304(H) ....
R18–2–101 .......
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Rule
Installation Permits: General .................................................................................................
05/05/1982
47 FR 19326
Installation Permits in Attainment Areas ...............................................................................
Definitions ..............................................................................................................................
R18–2–201
R18–2–203
R18–2–217
R18–2–218
Particulate Matter: PM10 and PM2.5 ......................................................................................
Ozone: One-hour Standard and Eight-hour Averaged Standard ..........................................
Designation and Classification of Attainment Areas .............................................................
Limitation of Pollutants in Classified Attainment Areas ........................................................
05/03/1983
11/23/2014
11/2/2015
09/23/2014
09/23/2014
11/2/2015
11/2/2015
48
79
80
79
79
80
80
.......
.......
.......
.......
1 ADEQ is currently subject to a Federal
Implementation Plan (FIP) under the PSD program
for GHGs because ADEQ has not adopted a PSD
program for the regulation of GHGs. ADEQ’s April
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2017 NSR submittal was not intended to correct this
program deficiency, as regulation of GHG emissions
is currently prohibited under State law. See A.R.S.
section 49–191.
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FR
FR
FR
FR
FR
FR
FR
19878
56655
67319
56655
56655
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2 ADEQ has delegated implementation of the
major source program to the Pinal County Air
Quality Control District.
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Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Rules and Regulations
TABLE 2—SIP RULES BEING REMOVED FROM ARIZONA SIP IN THIS ACTION—Continued
Rule
R18–2–330
R18–2–332
R18–2–401
R18–2–402
R18–2–403
R18–2–404
R18–2–405
.......
.......
.......
.......
.......
.......
.......
R18–2–406 .......
R18–2–407 .......
R18–2–412 .......
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EPA approval
date
Title
Public Participation ................................................................................................................
Stack Height Limitation ..........................................................................................................
Definitions ..............................................................................................................................
General ..................................................................................................................................
Permits for Sources Located in Nonattainment Areas ..........................................................
Offset Standards ....................................................................................................................
Special Rule for Major Sources of VOC or Nitrogen Oxides in Ozone Nonattainment
Areas Classified as Serious or Severe.
Permit Requirements for Sources Located in Attainment and Unclassifiable Areas ............
Air Quality Impact Analysis and Monitoring Requirements ...................................................
PALs ......................................................................................................................................
Simultaneously with our proposed
approval action on June 1, 2017, we
published a related interim final
determination to defer sanctions. 82 FR
25203. This interim final determination
was based on our proposed finding that
with the April 2017 NSR submittal, the
State had satisfied the requirements of
part D of the CAA permitting program
for areas under the jurisdiction of ADEQ
with respect to issues that had been
identified as the basis for an earlier final
limited disapproval action on November
2, 2015, under title I, part D of the Act,
relating to requirements for
nonattainment areas. See 80 FR 67319
(Nov. 2, 2015).
Subsequently, on January 10, 2018,
the EPA supplemented its June 1, 2017
proposal on ADEQ’s April 2017 NSR
submittal to address the outstanding
requirement that had been identified in
the June 1, 2017 proposal. See 83 FR
1212. Specifically, we had found in our
June 1, 2017 proposal that while
ADEQ’s updated NA–NSR program, as
reflected in the April 2017 NSR
submittal, included ammonia as a
precursor to PM2.5 in PM2.5
nonattainment areas, the rules in the
April 2017 NSR submittal did not define
the term ‘‘significant’’ for purposes of
applying the requirements of 40 CFR
51.165(a)(13) to modifications at
existing major stationary sources of
ammonia located in a PM2.5
nonattainment area, as required by 40
CFR 51.165(a)(1)(x)(F). ADEQ must
address this requirement to fully resolve
the deficiencies in its NA–NSR program
related to PM2.5 precursors under the
NA–NSR program requirements in CAA
section 189(e) that were identified in
our 2016 EPA final rule action. See 81
FR 40525 (June 22, 2016). To address
this remaining deficiency, in a letter
dated December 6, 2017, ADEQ
committed to adopt certain rule
revisions and/or make other specific
demonstrations by March 31, 2019. The
EPA therefore proposed a conditional
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Federal
Register citation
11/2/2015
11/2/2015
11/2/2015
11/2/2015
11/2/2015
11/2/2015
11/2/2015
80
80
80
80
80
80
80
FR
FR
FR
FR
FR
FR
FR
67319
67319
67319
67319
67319
67319
67319
11/2/2015
11/2/2015
11/2/2015
80 FR 67319
80 FR 67319
80 FR 67319
approval of ADEQ’s NA–NSR program
pursuant to CAA section 110(k)(4)
solely as it pertains to section 189(e) of
the Act and the associated regulatory
requirements for ammonia as a PM2.5
precursor in our supplemental action on
January 10, 2018.
In addition, simultaneously with our
proposed conditional approval action
on January 10, 2018, we published an
interim final determination to defer
sanctions based on that proposed
conditional approval action and our
June 1, 2017 proposed approval action.
83 FR 1995. The EPA made an interim
final determination that the State had
satisfied the requirements of part D of
the CAA permitting program for areas
under the jurisdiction of ADEQ with
respect to fine particular matter (PM2.5)
precursors under section 189(e). The
effect of our interim final determination
that the State has corrected the
deficiency in the permitting program
was that the imposition of sanctions that
were triggered by our previous limited
disapproval action on June 22, 2016 (at
81 FR 40525) was deferred.
Our June 1, 2017 proposal, our
January 10, 2018 supplemental
proposal, and the two accompanying
interim final determinations described
above contain more information on the
basis for the determinations we made in
these actions.
to defer sanctions. Commenters on our
January 10, 2018 proposal and interim
final determination generally raised
issues that are outside of the scope of
this rulemaking and interim final
determination, including but not limited
to the National Environmental Policy
Act (NEPA), climate science, the
Intergovernmental Panel on Climate
Change, the Navajo Generating Station
(located on Tribal land), forest
management, wildfire suppression,
GHGs and other emissions from
wildfires, and the Cross-State Air
Pollution Rule. We also received one
comment that was supportive of ADEQ
correcting deficiencies in its program.
The EPA is required to approve a state
submittal if the submittal meets all
applicable requirements. 42 U.S.C.
7410(k)(3). Commenters did not raise
any specific issues germane to the
approvability of the April 2017 NSR
submittal, which relates to the
permitting of stationary sources,
including any issues germane to our
proposal to conditionally approve
ADEQ’s NA–NSR program pursuant to
CAA section 110(k)(4) solely as it
pertains to section 189(e) of the Act and
the associated regulatory requirements
for ammonia as a PM2.5 precursor.
Commenters also did not raise any
specific issues germane to our interim
final determinations to defer sanctions.
II. Public Comments and the EPA’s
Responses
The EPA’s proposal and supplemental
proposal each provided for a 30-day
public comment period. We did not
receive any comments during the public
comment period on our June 1, 2017
proposed approval action, and we
received one supportive comment from
the Wyoming Department of
Environmental Quality on our
concurrent interim final determination
to defer sanctions. We received 12
anonymous comments on our January
10, 2018 supplemental proposal and/or
the related interim final determination
III. The EPA’s Action
No comments were submitted that
change our assessment of the rules
submitted in the 2017 ADEQ NSR
submittal and proposed for approval
into the Arizona SIP as described in our
proposed actions, nor were any
comments submitted that change our
assessment that certain ADEQ rules
should be removed from the Arizona
SIP as discussed in our proposals.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is
approving the rules in the 2017 ADEQ
NSR submittal, as described in Table 1
above, into the ADEQ portion of the
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Arizona SIP, and the EPA is removing
from the Arizona SIP the rules
identified above in Table 2. Also,
consistent with our proposal, we are
moving the codification of the PSD FIP
for GHGs for Arizona from 40 CFR 52.37
to 40 CFR 52.144, where the State of
Arizona’s PSD program approval is
listed, and amending the regulatory text
in 40 CFR 51.144 to clarify that ADEQ
has an approved PSD program, except
for GHGs, under sections 160 through
165 of the Act.
As a result of this final approval
action, the offset sanction in CAA
section 179, which would have applied
18 months after the effective date of our
November 2, 2015 limited disapproval
action (80 FR 67319), and the highway
funding sanction in CAA section 179,
which would have applied six months
after this offset sanction was imposed,
are permanently terminated.
We also received no comments that
changed the determinations that were
the basis for our proposed conditional
approval action, thus we are finalizing
a conditional approval of ADEQ’s NA–
NSR program solely with respect to
ammonia as a precursor to PM2.5 under
section 189(e) of the Act pursuant to
CAA section 110(k)(4), as discussed in
our supplemental proposal dated
January 10, 2018. While we cannot grant
full approval of the submittal at this
time with respect to this issue, ADEQ
has satisfactorily committed to address
this deficiency by providing the EPA
with a SIP submittal by March 31, 2019
that will include specific rule revisions
and/or demonstrations that would
adequately address this issue. If ADEQ
submits the rule revisions and/or
demonstrations that it has committed to
submit by this deadline, and the EPA
approves the submission, then this
deficiency will be cured. However, if
ADEQ fails to submit these revisions
and/or demonstrations within the
required timeframe, the conditional
approval will become a disapproval for
the specific issue of whether ADEQ’s
NA–NSR program meets the
requirements of section 189(e) of the Act
with respect to ammonia as a PM2.5
precursor, and the EPA will issue a
finding of disapproval. The EPA is not
required to propose the finding of
disapproval.
Further, as a result of our final
approval action and our final
conditional approval action with respect
to PM2.5 precursors under section 189(e)
of the Act, all sanctions and any
sanction clocks triggered by our 2016
PM2.5 precursor action (81 FR 40525)
continue to be deferred unless at a later
date our conditional approval converts
to a disapproval, or the EPA proposes to
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take or takes final action to disapprove
in whole or in part the SIP submittal
that ADEQ is required to submit to
fulfill its commitment in the
conditionally approved plan. Sanctions
and sanctions clocks triggered by our
2016 PM2.5 precursor action would be
permanently terminated on the effective
date of a final approval of the SIP
submittal that ADEQ submits to fulfill
the commitment in the conditionally
approved plan.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the ADEQ
rules described in the amendments to 40
CFR part 52 set forth below. The EPA
has made, and will continue to make,
these documents available through
www.regulations.gov and at the EPA
Region IX Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the Arizona SIP, have been incorporated
by reference by the EPA into that plan,
are fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of the EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.3
V. Statutory and Executive Order
Reviews
Under the CAA, the EPA
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 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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 3, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
3 62
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• 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, 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, 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, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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
E:\FR\FM\04MYR1.SGM
04MYR1
19635
Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Rules and Regulations
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 3, 2018. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this rule for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See CAA
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: April 18, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.
For the reasons stated in the
preamble, 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 A—General Provisions
§ 52.37
[Removed and Reserved]
2. Section 52.37 is removed and
reserved.
■
Subpart D—Arizona
3. Section 52.119 is added to read as
follows:
■
§ 52.119 Identification of plan—conditional
approvals.
This section identifies plan revisions
that are conditionally approved based
upon commitments received from the
State.
(a) A plan revision for the Arizona
Department of Environmental Quality
(ADEQ) submitted April 28, 2017, by
the Governor’s designee, updating
ADEQ’s Clean Air Act (CAA) new
source review (NSR) program only with
respect to the CAA requirements related
to ammonia as a precursor to PM2.5
under the nonattainment NSR program
requirements in CAA section 189(e).
This plan revision is conditionally
approved as follows:
(1) The conditional approval is based
upon the December 6, 2017 commitment
from the State to submit a SIP revision
to the EPA by March 31, 2019 consisting
of rule revisions and/or demonstrations
that will correct the deficiencies
identified with this submittal, as
specified in ADEQ’s December 6, 2017
commitment letter. If the State fails to
meet its commitment by March 31,
2019, the conditional approval will be
treated as a disapproval only with
respect to the CAA requirements related
to ammonia as a precursor to PM2.5
under the nonattainment NSR program
requirements in CAA section 189(e).
(2) [Reserved]
(b) [Reserved]
■ 4. In § 52.120, paragraph (c), Table 2
is amended:
■ a. Under Title 9, Chapter 3, by
removing the center heading ‘‘Article 3’’
and entries ‘‘R9–3–301, paragraphs I
and K’’ and ‘‘R9–3–304, paragraph H’’;
■ b. Under Title 18, Chapter 2, Article
1, by:
■ i. Removing entries ‘‘R18–2–101,
definitions (2), (32), (87), (109), and
(122)’’ and ‘‘R18–2–101 excluding
definitions (2), (20), (32), (87), (109), and
(122)’’; and
■ ii. Adding, in numerical order, the
entry ‘‘R18–2–101 (except 20)’’;
■ c. Under Title 18, Chapter 2, Article
2, by revising the entries for ‘‘R18–2–
201,’’ ‘‘R18–2–203,’’ ‘‘R18–2–217,’’ and
‘‘R18–2–218’’;
■ d. Under Title 18, Chapter 2, Article
3, by revising the entries for ‘‘R18–2–
330’’ and ‘‘R18–2–332’’; and
■ e. Under Title 18, Chapter 2, Article
4, by:
■ i. Revising the entries for ‘‘R18–2–
401’’ through ‘‘R18–2–406’’;
■ ii. Removing the entry ‘‘R18–2–407,
excluding subsection (H)(1)(c)’’;
■ iii. Adding, in numerical order, the
entries ‘‘R18–2–407,’’ ‘‘R–18–2–408,’’
‘‘R18–2–410,’’ and ‘‘R18–2–411;’’ and
■ iv. Revising the entry for ‘‘R18–2–
412’’.
The addition and revisions read as
follows:
§ 52.120
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 2—EPA-APPROVED ARIZONA REGULATIONS
State citation
Title/subject
State effective date
EPA approval date
Additional explanation
Arizona Administrative Code
*
*
*
*
*
*
*
Title 18 (Environmental Quality)
Chapter 2 (Department of Environmental Quality Air Pollution Control)
Article 1 (General)
amozie on DSK3GDR082PROD with RULES
R18–2–101 (except
20).
*
Definitions ......................................................
*
*
March 21, 2017 .........
*
[INSERT Federal
Register CITATION], May 4, 2018.
*
*
Submitted on April 28,
2017.
*
Article 2 (Ambient Air Quality Standards; Area Designations; Classifications)
R18–2–201 .................
VerDate Sep<11>2014
Particulate Matter: PM10 and PM2.5 ..............
16:15 May 03, 2018
Jkt 244001
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Fmt 4700
March 21, 2017 .........
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Register CITATION], May 4, 2018.
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04MYR1
Submitted on April 28,
2017.
19636
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TABLE 2—EPA-APPROVED ARIZONA REGULATIONS—Continued
State citation
Title/subject
State effective date
EPA approval date
Additional explanation
*
R18–2–203 .................
*
*
*
*
Ozone ............................................................. March 21, 2017 .........
*
[INSERT Federal
Register CITATION], May 4, 2018.
*
Submitted on April 28,
2017.
*
R18–2–217 .................
*
*
*
*
Designation and Classification of Attainment March 21, 2017 .........
Areas.
*
Submitted on April 28,
2017.
R18–2–218 .................
Limitation of Pollutants in Classified Attainment Areas.
*
[INSERT Federal
Register CITATION], May 4, 2018.
[INSERT Federal
Register CITATION], May 4, 2018.
*
*
*
March 21, 2017 .........
*
*
Submitted on April 28,
2017.
*
*
Article 3 (Permits and Permit Revisions)
*
R18–2–330 .................
*
*
*
*
Public Participation ........................................ March 21, 2017 .........
R18–2–332 .................
Stack Height Limitation ..................................
*
*
*
March 21, 2017 .........
*
*
[INSERT Federal
Register CITATION], May 4, 2018.
[INSERT Federal
Register CITATION], May 4, 2018.
*
*
Submitted on April 28,
2017.
Submitted on April 28,
2017.
*
*
Article 4 (Permit Requirements for New Major Sources and Major Modifications to Existing Major Sources)
R18–2–401 .................
Definitions ......................................................
March 21, 2017 .........
R18–2–402 .................
General ..........................................................
March 21, 2017 .........
R18–2–403 .................
Permits for Sources Located in Nonattainment Areas.
R18–2–403 ................
R18–2–404 .................
Offset Standards ............................................
March 21, 2017 .........
R18–2–405 .................
Special Rule for Major Sources of VOC or
Nitrogen Oxides in Ozone Nonattainment
Areas Classified as Serious or Severe.
Permit Requirements for Sources Located in
Attainment and Unclassifiable Areas.
March 21, 2017 .........
R18–2–407 .................
Air Quality Impact Analysis and Monitoring
Requirements.
March 21, 2017 .........
R18–2–408 .................
Innovative Control Technology ......................
March 21, 2017 .........
*
R18–2–410 .................
*
*
*
*
Visibility and Air Quality Related Value Pro- March 21, 2017 .........
tection.
R18–2–411 .................
Permit Requirements for Sources that Locate
in Attainment or Unclassifiable Areas and
Cause or Contribute to a Violation of Any
National Ambient Air Quality Standard.
PALs ...............................................................
amozie on DSK3GDR082PROD with RULES
R18–2–406 .................
R18–2–412 .................
*
VerDate Sep<11>2014
*
16:15 May 03, 2018
*
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PO 00000
March 21, 2017 .........
March 21, 2017 .........
March 21, 2017 .........
*
Frm 00034
Fmt 4700
[INSERT Federal
Register CITATION], May 4, 2018.
[INSERT Federal
Register CITATION], May 4, 2018.
[INSERT Federal
Register CITATION], May 4, 2018.
[INSERT Federal
Register CITATION], May 4, 2018.
[INSERT Federal
Register CITATION], May 4, 2018.
[INSERT Federal
Register CITATION], May 4, 2018.
[INSERT Federal
Register CITATION], May 4, 2018.
[INSERT Federal
Register CITATION], May 4, 2018.
Submitted on April 28,
2017.
Submitted on April 28,
2017.
Submitted on April 28,
2017.
Submitted on April 28,
2017.
Submitted on April 28,
2017.
Submitted on April 28,
2017.
Submitted on April 28,
2017.
*
[INSERT Federal
Register CITATION], May 4, 2018.
[INSERT Federal
Register CITATION], May 4, 2018.
*
Submitted on April 28,
2017.
[INSERT Federal
Register CITATION], May 4, 2018.
Submitted on April 28,
2017.
*
Sfmt 4700
Submitted on April 28,
2017.
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*
04MYR1
Submitted on April 28,
2017.
*
Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Rules and Regulations
*
*
*
*
*
5. Section 52.144 is amended by
adding paragraph (c) to read as follows:
■
§ 52.144
quality.
Significant deterioration of air
*
*
*
*
*
(c) The requirements of sections 160
through 165 of the Clean Air Act are met
as they apply to stationary sources
under the jurisdiction of the Arizona
Department of Environmental Quality
(ADEQ), except with respect to
emissions of greenhouse gases (GHGs)
(as defined in § 52.21(b)(49)(i)).
Therefore, the provisions of § 52.21,
except paragraph (a)(1) of this section,
for GHGs are hereby made a part of the
plan for stationary sources under the
jurisdiction of ADEQ as it applies to the
stationary sources described in
§ 52.21(b)(49)(iv).
[FR Doc. 2018–09205 Filed 5–3–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0315; FRL–9977–49–
Region 4]
Air Plan Approval; Georgia; Regional
Haze Plan and Prong 4 (Visibility) for
the 2012 PM2.5, 2010 NO2, 2010 SO2,
and 2008 Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the portion
of Georgia’s July 26, 2017, State
Implementation Plan (SIP) submittal
changing reliance from the Clean Air
Interstate Rule (CAIR) to the Cross-State
Air Pollution Rule (CSAPR) for certain
regional haze requirements. EPA is also
converting the previous limited
approval/limited disapproval of
Georgia’s regional haze plan to a full
approval and is removing the Federal
Implementation Plan (FIP) for Georgia
which replaced reliance on CAIR with
reliance on CSAPR. Finally, EPA is
converting the conditional approvals to
full approvals for the visibility prong of
Georgia’s infrastructure SIP submittals
for the 2012 Fine Particulate Matter
(PM2.5), 2010 Nitrogen Dioxide (NO2),
2010 Sulfur Dioxide (SO2), and 2008 8hour Ozone National Ambient Air
Quality Standards (NAAQS).
DATES: This rule will be effective June
4, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket
amozie on DSK3GDR082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:15 May 03, 2018
Jkt 244001
Identification No. EPA–R04–OAR–
2016–0315. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Michele Notarianni, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. Ms. Notarianni can
be reached by telephone at (404) 562–
9031 or via electronic mail at
notarianni.michele@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
A. Regional Haze Plans and Their
Relationship With CAIR and CSAPR
Section 169A(b)(2)(A) of the Clean Air
Act (CAA or Act) requires states to
submit regional haze plans that contain
such measures as may be necessary to
make reasonable progress towards the
natural visibility goal, including a
requirement that certain categories of
existing major stationary sources built
between 1962 and 1977 procure, install,
and operate Best Available Retrofit
Technology (BART) as determined by
the state. Under the Regional Haze Rule
(RHR), states are directed to conduct
BART determinations for such ‘‘BARTeligible’’ sources that may be
anticipated to cause or contribute to any
visibility impairment in a Class I area.
Rather than requiring source-specific
BART controls, states also have the
flexibility to adopt an emissions trading
program or other alternative program as
long as the alternative provides greater
reasonable progress towards improving
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
19637
visibility than BART. See 40 CFR
51.308(e)(2). EPA provided states with
this flexibility in the RHR, adopted in
1999, and further refined the criteria for
assessing whether an alternative
program provides for greater reasonable
progress in two subsequent
rulemakings. See 64 FR 35714 (July 1,
1999); 70 FR 39104 (July 6, 2005); 71 FR
60612 (October 13, 2006).
EPA demonstrated that CAIR would
achieve greater reasonable progress than
BART in revisions to the regional haze
program made in 2005.1 See 70 FR 39104
(July 6, 2005). In those revisions, EPA
amended its regulations to provide that
states participating in the CAIR cap-andtrade programs pursuant to an EPAapproved CAIR SIP or states that remain
subject to a CAIR FIP need not require
affected BART-eligible electric
generating units (EGUs) to install,
operate, and maintain BART for
emissions of SO2 and nitrogen oxides
(NOX). As a result of EPA’s
determination that CAIR was ‘‘betterthan-BART,’’ a number of states in the
CAIR region, including Georgia, relied
on the CAIR cap-and-trade programs as
an alternative to BART for EGU
emissions of SO2 and NOX in designing
their regional haze plans. These states
also relied on CAIR as an element of a
long-term strategy (LTS) for achieving
their reasonable progress goals (RPGs)
for their regional haze programs.
However, in 2008, the United States
Court of Appeals for the District of
Columbia Circuit (D.C. Circuit)
remanded CAIR to EPA without vacatur
to preserve the environmental benefits
provided by CAIR. North Carolina v.
EPA, 550 F.3d 1176, 1178 (D.C. Cir.
2008). On August 8, 2011 (76 FR 48208),
acting on the D.C. Circuit’s remand, EPA
promulgated CSAPR to replace CAIR
and issued FIPs to implement the rule
in CSAPR-subject states.2
Implementation of CSAPR was
scheduled to begin on January 1, 2012,
1 CAIR created regional cap-and-trade programs to
reduce SO2 and NOX emissions in 27 eastern states
(and the District of Columbia), including Georgia,
that contributed to downwind nonattainment or
interfered with maintenance of the 1997 8-hour
ozone NAAQS or the 1997 PM2.5 NAAQS.
2 CSAPR requires 28 eastern states to limit their
statewide emissions of SO2 and/or NOX in order to
mitigate transported air pollution unlawfully
impacting other states’ ability to attain or maintain
four NAAQS: the 1997 ozone NAAQS, the 1997
annual PM2.5 NAAQS, the 2006 24-hour PM2.5
NAAQS, and the 2008 8-hour ozone NAAQS. The
CSAPR emissions limitations are defined in terms
of maximum statewide ‘‘budgets’’ for emissions of
annual SO2, annual NOX, and/or ozone-season NOX
by each covered state’s large EGUs. The CSAPR
state budgets are implemented in two phases of
generally increasing stringency, with the Phase 1
budgets applying to emissions in 2015 and 2016
and the Phase 2 budgets applying to emissions in
2017 and later years.
E:\FR\FM\04MYR1.SGM
04MYR1
]]>Agencies
[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)]
[Rules and Regulations]
[Pages 19631-19637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09205]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2017-0255; FRL-9977-23--Region 9]
Air Plan Approval; Arizona; Stationary Sources; New Source Review
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Arizona Department of Environmental
Quality (ADEQ) portion of the applicable Clean Air Act (CAA or Act)
state implementation plan (SIP) for the State of Arizona (State). We
are approving revisions that are primarily intended to correct
deficiencies in ADEQ's SIP-approved rules for the issuance of New
Source Review (NSR) permits for stationary sources, with a focus on the
Act's preconstruction permit requirements for major sources and major
modifications. This action also finalizes a conditional approval of
ADEQ's NSR program with respect to the CAA requirements related to
ammonia as a precursor to fine particulate matter (PM2.5)
under the nonattainment NSR (NA-NSR) program requirements in CAA
section 189(e). In addition, this action permanently terminates the
sanctions clock associated with deficiencies being corrected by the
rules being approved today, except that this action continues the
deferral of sanctions under the Act related to PM2.5
precursors under section 189(e) of the Act for the NA-NSR program.
DATES: This rule is effective June 4, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2017-0255. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Lisa Beckham, EPA Region IX, (415)
972-381, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Actions
II. Public Comments and the EPA's Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Actions
On June 1, 2017 (82 FR 25213), the EPA proposed to approve the
rules listed in Table 1, below, which were submitted by ADEQ on April
28, 2017 for approval into the ADEQ portion of the Arizona SIP
(hereinafter referred to as the April 2017 NSR submittal). The
submitted rules are from the Arizona Administrative Code, Title 18--
Environmental Quality, Chapter 2--Department of Environmental Quality--
Air Pollution Control, Articles 1 through 4.
[[Page 19632]]
Table 1--Submitted Rules Being Approved Into the Arizona SIP in This
Action
------------------------------------------------------------------------
Rule Title State effective date
------------------------------------------------------------------------
R18-2-101 (except 20)....... Definitions......... March 21, 2017.
R18-2-201................... Particulate Matter: March 21, 2017.
PM10 and PM2.5.
R18-2-203................... Ozone............... March 21, 2017.
R18-2-217................... Designation and March 21, 2017.
Classification of
Attainment Areas.
R18-2-218................... Limitation of March 21, 2017.
Pollutants in
Classified
Attainment Areas.
R18-2-330................... Public Participation March 21, 2017.
R18-2-332................... Stack Height March 21, 2017.
Limitation.
R18-2-401................... Definitions......... March 21, 2017.
R18-2-402................... General............. March 21, 2017.
R18-2-403................... Permits for Sources March 21, 2017.
Located in
Nonattainment Areas.
R18-2-404................... Offset Standards.... March 21, 2017.
R18-2-405................... Special Rule for March 21, 2017.
Major Sources of
VOC or Nitrogen
Oxides in Ozone
Nonattainment Areas
Classified as
Serious or Severe.
R18-2-406................... Permit Requirements March 21, 2017.
for Sources Located
in Attainment and
Unclassifiable
Areas.
R18-2-407................... Air Quality Impact March 21, 2017.
Analysis and
Monitoring
Requirements.
R18-2-408................... Innovative Control March 21, 2017.
Technology.
R18-2-410................... Visibility and Air March 21, 2017.
Quality Related
Value Protection.
R18-2-411................... Permit Requirements March 21, 2017.
for Sources that
Locate in
Attainment or
Unclassifiable
Areas and Cause or
Contribute to a
Violation of Any
National Ambient
Air Quality
Standard.
R18-2-412................... PALs................ March 21, 2017.
------------------------------------------------------------------------
As discussed in our June 1, 2017 proposed action, these rule
revisions are intended to correct deficiencies in ADEQ's SIP-approved
NSR program related to the requirements under both part C (prevention
of significant deterioration or PSD) and part D (NA-NSR) of title I of
the Act, which apply to major stationary sources and major
modifications of such sources. 82 FR 25213. These revisions are
necessary to correct several deficiencies we identified in a 2015 EPA
final rule action to update ADEQ's SIP-approved NSR program, as well as
certain deficiencies with ADEQ's NSR program that were the focus of a
2016 EPA final rule action related to PM2.5 precursors under
the NA-NSR program requirements in CAA section 189(e). See 80 FR 67319
(Nov. 2, 2015) and 81 FR 40525 (June 22, 2016). We proposed to approve
the April 2017 NSR submittal because we determined that the rules in
the submittal complied with the relevant CAA requirements, with one
exception, which ADEQ had indicated that it intended to address with a
later SIP submittal, as discussed further below. Our June 1, 2017
proposed action contains more information on the rules in the April
2017 NSR submittal and our evaluation.
We also stated in our June 1, 2017 proposal that in our final
action, we intended to update 40 CFR 52.144 to clarify that ADEQ has an
approved PSD program, except for greenhouse gases (GHGs),\1\ under
sections 160 through 165 of the Act. We explained that we would also
move the codification of the PSD Federal Implementation Plan (FIP) for
GHGs for Arizona from 40 CFR 52.37 to 40 CFR 52.144, where the State of
Arizona's PSD program approval is listed.
---------------------------------------------------------------------------
\1\ ADEQ is currently subject to a Federal Implementation Plan
(FIP) under the PSD program for GHGs because ADEQ has not adopted a
PSD program for the regulation of GHGs. ADEQ's April 2017 NSR
submittal was not intended to correct this program deficiency, as
regulation of GHG emissions is currently prohibited under State law.
See A.R.S. section 49-191.
---------------------------------------------------------------------------
The rules in the April 2017 NSR submittal will apply in all areas
and to all stationary sources within Arizona for which ADEQ has CAA
permitting jurisdiction. Currently, ADEQ has permitting jurisdiction
for the following stationary source categories in all areas of Arizona:
Smelting of metal ores, coal-fired electric generating stations,
petroleum refineries, Portland cement plants, and portable sources.
ADEQ also has permitting jurisdiction for major and minor sources in
the following counties: Apache, Cochise, Coconino, Gila, Graham,
Greenlee, La Paz, Mohave, Navajo, Santa Cruz, Yavapai, and Yuma.
Finally, ADEQ has permitting jurisdiction over major sources in Pinal
County \2\ and the Rosemont Copper Mine in Pima County.
---------------------------------------------------------------------------
\2\ ADEQ has delegated implementation of the major source
program to the Pinal County Air Quality Control District.
---------------------------------------------------------------------------
Table 2 lists the existing rules in the Arizona SIP that would be
superseded or removed from the ADEQ portion of the Arizona SIP as part
of our action. These rules would generally be replaced in the SIP by
the submitted set of rules listed in Table 1.
Table 2--SIP Rules Being Removed From Arizona SIP in This Action
----------------------------------------------------------------------------------------------------------------
EPA approval
Rule Title date Federal Register citation
----------------------------------------------------------------------------------------------------------------
R9-3-301(I) and (K).............. Installation Permits: 05/05/1982 47 FR 19326
General.
R9-3-304(H)...................... Installation Permits in 05/03/1983 48 FR 19878
Attainment Areas.
R18-2-101........................ Definitions................ 11/23/2014 79 FR 56655
11/2/2015 80 FR 67319
R18-2-201........................ Particulate Matter: PM10 09/23/2014 79 FR 56655
and PM2.5.
R18-2-203........................ Ozone: One-hour Standard 09/23/2014 79 FR 56655
and Eight-hour Averaged
Standard.
R18-2-217........................ Designation and 11/2/2015 80 FR 67319
Classification of
Attainment Areas.
R18-2-218........................ Limitation of Pollutants in 11/2/2015 80 FR 67319
Classified Attainment
Areas.
[[Page 19633]]
R18-2-330........................ Public Participation....... 11/2/2015 80 FR 67319
R18-2-332........................ Stack Height Limitation.... 11/2/2015 80 FR 67319
R18-2-401........................ Definitions................ 11/2/2015 80 FR 67319
R18-2-402........................ General.................... 11/2/2015 80 FR 67319
R18-2-403........................ Permits for Sources Located 11/2/2015 80 FR 67319
in Nonattainment Areas.
R18-2-404........................ Offset Standards........... 11/2/2015 80 FR 67319
R18-2-405........................ Special Rule for Major 11/2/2015 80 FR 67319
Sources of VOC or Nitrogen
Oxides in Ozone
Nonattainment Areas
Classified as Serious or
Severe.
R18-2-406........................ Permit Requirements for 11/2/2015 80 FR 67319
Sources Located in
Attainment and
Unclassifiable Areas.
R18-2-407........................ Air Quality Impact Analysis 11/2/2015 80 FR 67319
and Monitoring
Requirements.
R18-2-412........................ PALs....................... 11/2/2015 80 FR 67319
----------------------------------------------------------------------------------------------------------------
Simultaneously with our proposed approval action on June 1, 2017,
we published a related interim final determination to defer sanctions.
82 FR 25203. This interim final determination was based on our proposed
finding that with the April 2017 NSR submittal, the State had satisfied
the requirements of part D of the CAA permitting program for areas
under the jurisdiction of ADEQ with respect to issues that had been
identified as the basis for an earlier final limited disapproval action
on November 2, 2015, under title I, part D of the Act, relating to
requirements for nonattainment areas. See 80 FR 67319 (Nov. 2, 2015).
Subsequently, on January 10, 2018, the EPA supplemented its June 1,
2017 proposal on ADEQ's April 2017 NSR submittal to address the
outstanding requirement that had been identified in the June 1, 2017
proposal. See 83 FR 1212. Specifically, we had found in our June 1,
2017 proposal that while ADEQ's updated NA-NSR program, as reflected in
the April 2017 NSR submittal, included ammonia as a precursor to
PM2.5 in PM2.5 nonattainment areas, the rules in
the April 2017 NSR submittal did not define the term ``significant''
for purposes of applying the requirements of 40 CFR 51.165(a)(13) to
modifications at existing major stationary sources of ammonia located
in a PM2.5 nonattainment area, as required by 40 CFR
51.165(a)(1)(x)(F). ADEQ must address this requirement to fully resolve
the deficiencies in its NA-NSR program related to PM2.5
precursors under the NA-NSR program requirements in CAA section 189(e)
that were identified in our 2016 EPA final rule action. See 81 FR 40525
(June 22, 2016). To address this remaining deficiency, in a letter
dated December 6, 2017, ADEQ committed to adopt certain rule revisions
and/or make other specific demonstrations by March 31, 2019. The EPA
therefore proposed a conditional approval of ADEQ's NA-NSR program
pursuant to CAA section 110(k)(4) solely as it pertains to section
189(e) of the Act and the associated regulatory requirements for
ammonia as a PM2.5 precursor in our supplemental action on
January 10, 2018.
In addition, simultaneously with our proposed conditional approval
action on January 10, 2018, we published an interim final determination
to defer sanctions based on that proposed conditional approval action
and our June 1, 2017 proposed approval action. 83 FR 1995. The EPA made
an interim final determination that the State had satisfied the
requirements of part D of the CAA permitting program for areas under
the jurisdiction of ADEQ with respect to fine particular matter
(PM2.5) precursors under section 189(e). The effect of our
interim final determination that the State has corrected the deficiency
in the permitting program was that the imposition of sanctions that
were triggered by our previous limited disapproval action on June 22,
2016 (at 81 FR 40525) was deferred.
Our June 1, 2017 proposal, our January 10, 2018 supplemental
proposal, and the two accompanying interim final determinations
described above contain more information on the basis for the
determinations we made in these actions.
II. Public Comments and the EPA's Responses
The EPA's proposal and supplemental proposal each provided for a
30-day public comment period. We did not receive any comments during
the public comment period on our June 1, 2017 proposed approval action,
and we received one supportive comment from the Wyoming Department of
Environmental Quality on our concurrent interim final determination to
defer sanctions. We received 12 anonymous comments on our January 10,
2018 supplemental proposal and/or the related interim final
determination to defer sanctions. Commenters on our January 10, 2018
proposal and interim final determination generally raised issues that
are outside of the scope of this rulemaking and interim final
determination, including but not limited to the National Environmental
Policy Act (NEPA), climate science, the Intergovernmental Panel on
Climate Change, the Navajo Generating Station (located on Tribal land),
forest management, wildfire suppression, GHGs and other emissions from
wildfires, and the Cross-State Air Pollution Rule. We also received one
comment that was supportive of ADEQ correcting deficiencies in its
program. The EPA is required to approve a state submittal if the
submittal meets all applicable requirements. 42 U.S.C. 7410(k)(3).
Commenters did not raise any specific issues germane to the
approvability of the April 2017 NSR submittal, which relates to the
permitting of stationary sources, including any issues germane to our
proposal to conditionally approve ADEQ's NA-NSR program pursuant to CAA
section 110(k)(4) solely as it pertains to section 189(e) of the Act
and the associated regulatory requirements for ammonia as a
PM2.5 precursor. Commenters also did not raise any specific
issues germane to our interim final determinations to defer sanctions.
III. The EPA's Action
No comments were submitted that change our assessment of the rules
submitted in the 2017 ADEQ NSR submittal and proposed for approval into
the Arizona SIP as described in our proposed actions, nor were any
comments submitted that change our assessment that certain ADEQ rules
should be removed from the Arizona SIP as discussed in our proposals.
Therefore, as authorized in section 110(k)(3) of the Act, the EPA is
approving the rules in the 2017 ADEQ NSR submittal, as described in
Table 1 above, into the ADEQ portion of the
[[Page 19634]]
Arizona SIP, and the EPA is removing from the Arizona SIP the rules
identified above in Table 2. Also, consistent with our proposal, we are
moving the codification of the PSD FIP for GHGs for Arizona from 40 CFR
52.37 to 40 CFR 52.144, where the State of Arizona's PSD program
approval is listed, and amending the regulatory text in 40 CFR 51.144
to clarify that ADEQ has an approved PSD program, except for GHGs,
under sections 160 through 165 of the Act.
As a result of this final approval action, the offset sanction in
CAA section 179, which would have applied 18 months after the effective
date of our November 2, 2015 limited disapproval action (80 FR 67319),
and the highway funding sanction in CAA section 179, which would have
applied six months after this offset sanction was imposed, are
permanently terminated.
We also received no comments that changed the determinations that
were the basis for our proposed conditional approval action, thus we
are finalizing a conditional approval of ADEQ's NA-NSR program solely
with respect to ammonia as a precursor to PM2.5 under
section 189(e) of the Act pursuant to CAA section 110(k)(4), as
discussed in our supplemental proposal dated January 10, 2018. While we
cannot grant full approval of the submittal at this time with respect
to this issue, ADEQ has satisfactorily committed to address this
deficiency by providing the EPA with a SIP submittal by March 31, 2019
that will include specific rule revisions and/or demonstrations that
would adequately address this issue. If ADEQ submits the rule revisions
and/or demonstrations that it has committed to submit by this deadline,
and the EPA approves the submission, then this deficiency will be
cured. However, if ADEQ fails to submit these revisions and/or
demonstrations within the required timeframe, the conditional approval
will become a disapproval for the specific issue of whether ADEQ's NA-
NSR program meets the requirements of section 189(e) of the Act with
respect to ammonia as a PM2.5 precursor, and the EPA will
issue a finding of disapproval. The EPA is not required to propose the
finding of disapproval.
Further, as a result of our final approval action and our final
conditional approval action with respect to PM2.5 precursors
under section 189(e) of the Act, all sanctions and any sanction clocks
triggered by our 2016 PM2.5 precursor action (81 FR 40525)
continue to be deferred unless at a later date our conditional approval
converts to a disapproval, or the EPA proposes to take or takes final
action to disapprove in whole or in part the SIP submittal that ADEQ is
required to submit to fulfill its commitment in the conditionally
approved plan. Sanctions and sanctions clocks triggered by our 2016
PM2.5 precursor action would be permanently terminated on
the effective date of a final approval of the SIP submittal that ADEQ
submits to fulfill the commitment in the conditionally approved plan.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the ADEQ
rules described in the amendments to 40 CFR part 52 set forth below.
The EPA has made, and will continue to make, these documents available
through www.regulations.gov and at the EPA Region IX Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). Therefore, these
materials have been approved by the EPA for inclusion in the Arizona
SIP, have been incorporated by reference by the EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of the EPA's approval, and
will be incorporated by reference in the next update to the SIP
compilation.\3\
---------------------------------------------------------------------------
\3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Under the CAA, the EPA 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 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 3,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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, 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, 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, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
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
[[Page 19635]]
``major rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 3, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 18, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.
For the reasons stated in the preamble, 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 A--General Provisions
Sec. 52.37 [Removed and Reserved]
0
2. Section 52.37 is removed and reserved.
Subpart D--Arizona
0
3. Section 52.119 is added to read as follows:
Sec. 52.119 Identification of plan--conditional approvals.
This section identifies plan revisions that are conditionally
approved based upon commitments received from the State.
(a) A plan revision for the Arizona Department of Environmental
Quality (ADEQ) submitted April 28, 2017, by the Governor's designee,
updating ADEQ's Clean Air Act (CAA) new source review (NSR) program
only with respect to the CAA requirements related to ammonia as a
precursor to PM2.5 under the nonattainment NSR program
requirements in CAA section 189(e). This plan revision is conditionally
approved as follows:
(1) The conditional approval is based upon the December 6, 2017
commitment from the State to submit a SIP revision to the EPA by March
31, 2019 consisting of rule revisions and/or demonstrations that will
correct the deficiencies identified with this submittal, as specified
in ADEQ's December 6, 2017 commitment letter. If the State fails to
meet its commitment by March 31, 2019, the conditional approval will be
treated as a disapproval only with respect to the CAA requirements
related to ammonia as a precursor to PM2.5 under the
nonattainment NSR program requirements in CAA section 189(e).
(2) [Reserved]
(b) [Reserved]
0
4. In Sec. 52.120, paragraph (c), Table 2 is amended:
0
a. Under Title 9, Chapter 3, by removing the center heading ``Article
3'' and entries ``R9-3-301, paragraphs I and K'' and ``R9-3-304,
paragraph H'';
0
b. Under Title 18, Chapter 2, Article 1, by:
0
i. Removing entries ``R18-2-101, definitions (2), (32), (87), (109),
and (122)'' and ``R18-2-101 excluding definitions (2), (20), (32),
(87), (109), and (122)''; and
0
ii. Adding, in numerical order, the entry ``R18-2-101 (except 20)'';
0
c. Under Title 18, Chapter 2, Article 2, by revising the entries for
``R18-2-201,'' ``R18-2-203,'' ``R18-2-217,'' and ``R18-2-218'';
0
d. Under Title 18, Chapter 2, Article 3, by revising the entries for
``R18-2-330'' and ``R18-2-332''; and
0
e. Under Title 18, Chapter 2, Article 4, by:
0
i. Revising the entries for ``R18-2-401'' through ``R18-2-406'';
0
ii. Removing the entry ``R18-2-407, excluding subsection (H)(1)(c)'';
0
iii. Adding, in numerical order, the entries ``R18-2-407,'' ``R-18-2-
408,'' ``R18-2-410,'' and ``R18-2-411;'' and
0
iv. Revising the entry for ``R18-2-412''.
The addition and revisions read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
Table 2--EPA-Approved Arizona Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
State citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
Arizona Administrative Code
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Title 18 (Environmental Quality)
----------------------------------------------------------------------------------------------------------------
Chapter 2 (Department of Environmental Quality Air Pollution Control)
----------------------------------------------------------------------------------------------------------------
Article 1 (General)
----------------------------------------------------------------------------------------------------------------
R18-2-101 (except 20).......... Definitions........... March 21, 2017... [INSERT Federal Submitted on
Register April 28, 2017.
CITATION], May
4, 2018.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 2 (Ambient Air Quality Standards; Area Designations; Classifications)
----------------------------------------------------------------------------------------------------------------
R18-2-201...................... Particulate Matter: March 21, 2017... [INSERT Federal Submitted on
PM10 and PM2.5. Register April 28, 2017.
CITATION], May
4, 2018.
[[Page 19636]]
* * * * * * *
R18-2-203...................... Ozone................. March 21, 2017... [INSERT Federal Submitted on
Register April 28, 2017.
CITATION], May
4, 2018.
* * * * * * *
R18-2-217...................... Designation and March 21, 2017... [INSERT Federal Submitted on
Classification of Register April 28, 2017.
Attainment Areas. CITATION], May
4, 2018.
R18-2-218...................... Limitation of March 21, 2017... [INSERT Federal Submitted on
Pollutants in Register April 28, 2017.
Classified Attainment CITATION], May
Areas. 4, 2018.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 3 (Permits and Permit Revisions)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
R18-2-330...................... Public Participation.. March 21, 2017... [INSERT Federal Submitted on
Register April 28, 2017.
CITATION], May
4, 2018.
R18-2-332...................... Stack Height March 21, 2017... [INSERT Federal Submitted on
Limitation. Register April 28, 2017.
CITATION], May
4, 2018.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 4 (Permit Requirements for New Major Sources and Major Modifications to Existing Major Sources)
----------------------------------------------------------------------------------------------------------------
R18-2-401...................... Definitions........... March 21, 2017... [INSERT Federal Submitted on
Register April 28, 2017.
CITATION], May
4, 2018.
R18-2-402...................... General............... March 21, 2017... [INSERT Federal Submitted on
Register April 28, 2017.
CITATION], May
4, 2018.
R18-2-403...................... Permits for Sources R18-2-403........ [INSERT Federal Submitted on
Located in Register April 28, 2017.
Nonattainment Areas. CITATION], May
4, 2018.
R18-2-404...................... Offset Standards...... March 21, 2017... [INSERT Federal Submitted on
Register April 28, 2017.
CITATION], May
4, 2018.
R18-2-405...................... Special Rule for Major March 21, 2017... [INSERT Federal Submitted on
Sources of VOC or Register April 28, 2017.
Nitrogen Oxides in CITATION], May
Ozone Nonattainment 4, 2018.
Areas Classified as
Serious or Severe.
R18-2-406...................... Permit Requirements March 21, 2017... [INSERT Federal Submitted on
for Sources Located Register April 28, 2017.
in Attainment and CITATION], May
Unclassifiable Areas. 4, 2018.
R18-2-407...................... Air Quality Impact March 21, 2017... [INSERT Federal Submitted on
Analysis and Register April 28, 2017.
Monitoring CITATION], May
Requirements. 4, 2018.
R18-2-408...................... Innovative Control March 21, 2017... [INSERT Federal Submitted on
Technology. Register April 28, 2017.
CITATION], May
4, 2018.
* * * * * * *
R18-2-410...................... Visibility and Air March 21, 2017... [INSERT Federal Submitted on
Quality Related Value Register April 28, 2017.
Protection. CITATION], May
4, 2018.
R18-2-411...................... Permit Requirements March 21, 2017... [INSERT Federal Submitted on
for Sources that Register April 28, 2017.
Locate in Attainment CITATION], May
or Unclassifiable 4, 2018.
Areas and Cause or
Contribute to a
Violation of Any
National Ambient Air
Quality Standard.
R18-2-412...................... PALs.................. March 21, 2017... [INSERT Federal Submitted on
Register April 28, 2017.
CITATION], May
4, 2018.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 19637]]
* * * * *
0
5. Section 52.144 is amended by adding paragraph (c) to read as
follows:
Sec. 52.144 Significant deterioration of air quality.
* * * * *
(c) The requirements of sections 160 through 165 of the Clean Air
Act are met as they apply to stationary sources under the jurisdiction
of the Arizona Department of Environmental Quality (ADEQ), except with
respect to emissions of greenhouse gases (GHGs) (as defined in Sec.
52.21(b)(49)(i)). Therefore, the provisions of Sec. 52.21, except
paragraph (a)(1) of this section, for GHGs are hereby made a part of
the plan for stationary sources under the jurisdiction of ADEQ as it
applies to the stationary sources described in Sec. 52.21(b)(49)(iv).
[FR Doc. 2018-09205 Filed 5-3-18; 8:45 am]
BILLING CODE 6560-50-P
