Air Quality State Implementation Plans: Arizona; Approval and Conditional Approval of State Implementation Plan Revisions; Maricopa County Air Quality Department; Stationary Source Permits, 26912-26917 [2018-12390]
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Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules
[FR Doc. 2018–12408 Filed 6–8–18; 8:45 am]
BILLING CODE 8011–01–C
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2017–0481; FRL–9978–
82—Region 9]
Air Quality State Implementation
Plans: Arizona; Approval and
Conditional Approval of State
Implementation Plan Revisions;
Maricopa County Air Quality
Department; Stationary Source Permits
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing action on
revisions to the Maricopa County Air
Quality Department (MCAQD) portion
of the state implementation plan (SIP)
for the State of Arizona. We are
proposing full approval of three rules
and conditional approval of three rules
submitted by the MCAQD. The revisions
update the MCAQD’s New Source
Review (NSR) permitting program for
new and modified sources of air
pollution. We are taking comments on
this proposed rule and plan to follow
with a final action.
DATES: Any comments must arrive by
July 11, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2017–0481 at https://
www.regulations.gov, or via email to
R9AirPermits@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
SUMMARY:
comments. Once submitted, comments
cannot be removed or edited 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://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Shaheerah Kelly, EPA Region IX, (415)
947–4156, kelly.shaheerah@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rule revisions?
II. The EPA’s Evaluation
A. How is the EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
III. Proposed Action and Public Comment
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The word or initials ADEQ mean or refer
to the Arizona Department of Environmental
Quality.
(ii) The word or initials CAA or Act mean
or refer to the Clean Air Act, unless the
context indicates otherwise.
(iii) The initials CFR mean or refer to Code
of Federal Regulations.
(iv) The initials or words EPA, we, us or
our mean or refer to the United States
Environmental Protection Agency.
(v) The word or initials MCAQD or
Department mean or refer to the Maricopa
County Air Quality Department, the agency
with jurisdiction over stationary sources
within Maricopa County, Arizona.
(vi) The initials NAAQS mean or refer to
the National Ambient Air Quality Standards.
(vii) The initials NSR mean or refer to New
Source Review.
(viii) The initials NNSR mean or refer to
nonattainment New Source Review.
(ix) The initials PSD mean or refer to
Prevention of Significant Deterioration.
(x) The initials SIP mean or refer to State
Implementation Plan.
(xi) The word State means or refers to the
State of Arizona.
(xii) The word TSD means or refers to the
Technical Support Document.
I. The State’s Submittal
A. What rules did the State submit?
Table 1 lists the submitted rules
addressed by this action with the dates
that the rules were adopted by the
MCAQD and submitted to EPA by the
ADEQ, which is the governor’s designee
for Arizona SIP submittals. These rules
constitute the MCAQD’s air quality
preconstruction NSR permit program.
TABLE 1—MCAQD SUBMITTED RULES
Adoption or
amendment
date
Rule title
Regulation I, Rule 100 ..................................................
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Regulation & Rule No.
General Provisions; General Provisions and Definitions.
Permits and Fees; Permit Requirements .....................
Permits and Fees; Title V Permit Provisions ...............
Permits and Fees; Non-Title V Permit Provisions .......
Permits and Fees; General Permits .............................
Permits and Fees; Federal Major New Source Review
Permits and Fees; Minor New Source Review ............
Regulation
Regulation
Regulation
Regulation
Regulation
Regulation
II,
II,
II,
II,
II,
II,
Rule
Rule
Rule
Rule
Rule
Rule
200 .................................................
210 1 ..............................................
220 .................................................
230 .................................................
240 .................................................
241 .................................................
1 Rule 210 also contains requirements to address
the CAA title V requirements for operating permit
programs, but we are not evaluating the rule for title
V purposes at this time. We will evaluate Rule 210
for compliance with the requirements of title V of
the Act and the EPA’s implementing regulations in
40 CFR part 70 following receipt of an official part
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70 program submittal from Maricopa County
containing this rule.
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Submitted
2/3/2016
5/18/2016
2/3/2016
2/3/2016
2/3/2016
2/3/2016
2/3/2016
9/7/2016
5/18/2016
5/18/2016
5/18/2016
5/18/2016
5/18/2016
11/25/2016
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On October 31, 2016, the EPA
determined that the submittal for the
MCAQD’s Rules 100, 200, 210, 220, 230,
and 240 met the completeness criteria in
40 CFR part 51 Appendix V.
Additionally, on January 17, 2017, the
EPA determined that the submittal for
the MCAQD Rule 241 met the
completeness criteria in 40 CFR part 51
Appendix V.2 These NSR rule
submittals, which we refer to
collectively herein as ‘‘MCAQD’s NSR
submittal’’ or ‘‘the submittal,’’ represent
a comprehensive revision to the
MCAQD’s preconstruction review and
permitting program and are intended to
satisfy the requirements under part D
(NNSR) of title I of the Act as well as
the general preconstruction review
requirements under section 110(a)(2)(C)
of the Act.
In a letter dated April 6, 2018, the
ADEQ requested that the rules or rule
sections listed in Table 2 be withdrawn
from the May 18, 2016 SIP submittal.
Therefore, these rules or rule sections
are not part of the submitted rules that
the EPA is evaluating and proposing
action on in this notice.
TABLE 2—WITHDRAWN MCAQD RULES OR RULE SECTIONS
Regulation, rule, & section No.
Regulation
Regulation
Regulation
Regulation
Regulation
Adoption or
amendment
date
Title
I, Rule 100, Section 200.24 .......................
I, Rule 100, Section 200.73 .......................
I, Rule 100, Section 200.104(c) .................
II, Rule 230 .................................................
II, Rule 240, Section 305 ...........................
B. Are there other versions of these
rules?
The existing SIP-approved NSR
program for new or modified stationary
sources in Maricopa County consists of
the rules identified in Table 3.
Collectively, these rules establish the
Definition of ‘‘Begin Actual Construction’’ ....................
Definition of ‘‘Modification’’ ...........................................
Definition of ‘‘Regulated Air Pollutant’’ .........................
Permits and Fees; General Permits .............................
Permit Requirements for New Major Sources or Major
Modifications
located
in
Attainment
or
Unclassifiable Areas.
NSR permit requirements for stationary
sources under the MCAQD’s
jurisdiction.
The rules listed in Table 1 will
replace the existing SIP-approved NSR
program rules listed in Table 3, in their
entirety, except for certain definitions
the EPA has identified that must be
Submitted
2/3/2016
2/3/2016
2/3/2016
2/3/2016
2/3/2016
5/18/2016
5/18/2016
5/18/2016
5/18/2016
5/18/2016
retained in the SIP.3 The MCAQD made
significant revisions to its NSR program,
including, for example, switching from
separate preconstruction and operating
permit programs to a ‘‘unitary’’ permit
program.4 The EPA’s action on this SIP
submittal will update the MCAQD
portion of the Arizona SIP.
TABLE 3—MCAQD’S CURRENT SIP-APPROVED RULES
Federal
Register
citation
SIP approval
date
Regulation, rule, & section No.
Rule title
Regulation I, Rule 1 ......................................................
General Provisions; Emissions Regulated: Policy,
Legal Authority.
General Provisions; Definitions ...................................
7/27/1972
37 FR 15080
6/18/1982
47 FR 26382
General Provisions; Definitions ...................................
4/12/1982
47 FR 15579
General Provisions; Air Pollution Prohibited ...............
General Provisions; Hearing Board .............................
General Provisions; Monitoring and Records .............
Permits and Fees; Permits Required ..........................
Permits and Fees; Procedures for Obtaining an Installation Permit.
Permits and Fees; Procedures for Obtaining an Installation Permit.
Permits and Fees; Procedures for Obtaining an Installation Permit.
Permits and Fees; Procedures for Obtaining an Installation Permit.
Permits and Fees; Permit Classes ..............................
Permits and Fees; Emissions Test Methods and Procedures.
4/12/1982
8/10/2015
11/5/2012
7/27/1972
1/29/1991
47
80
77
37
56
1/29/1991
56 FR 3219
7/27/1972
37 FR 15080
4/12/1982
47 FR 15579
7/27/1972
4/12/1982
37 FR 15080
47 FR 15579
Regulation I, Rule 2, No. 11 ‘‘Alteration or Modification’’ and No. 33 ‘‘Existing Source’’.
Regulation I, Rule 2 (excluding Nos. 18, 49, 50, 52,
54 and 57) 5.
Regulation I, Rule 3 ......................................................
Regulation I, Rule 100, Section 108 .............................
Regulation I, Rule 100, Section 500 .............................
Regulation II, Rule 20 6 .................................................
Regulation II, Rule 21.0, (paragraphs A–C; subparagraphs D.1.a-d; and paragraph E only) 7.
Regulation II, Rule 21.0, (subparagraph D.1 and subparagraphs D.1.e, f and g only) 8.
Regulation II, Rule 21, Section F 9 ...............................
Regulation II, Rule 21, Section G .................................
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Regulation II, Rule 23 ...................................................
Regulation II, Rule 25 ...................................................
2 Copies of the completeness letters are in the
docket for today’s rulemaking.
3 See Section 4.8.1.5 in our TSD in the docket for
this action for a list of these definitions.
4 The MCAQD combined its ‘‘installation’’
(referred to in EPA regulations as ‘‘construction’’)
and ‘‘operating’’ permit programs to form a
‘‘unitary’’ permit program that authorizes both
construction and operation of a stationary source in
a single permit document. A single permit
application is submitted by a stationary source to
satisfy both the NSR and Title V Operating permit
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program requirements. Also, the public notification
and review process for the combined permit action
is designed to satisfy both the NSR and operating
permit program requirements.
5 The excluded definitions were removed from
the SIP-approved version of Rule 2 on June 18, 1982
(47 FR 26382).
6 The NSR SIP Submittal identifies Rule 20 in the
list of SIP rules intended to be replaced by the
submitted revised rules. While Rule 20 is not listed
in the current approved SIP (see 40 CFR 52.120),
it is not entirely clear that it was ever removed from
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FR
FR
FR
FR
15579
47859
66405
15080
3219
the SIP. Therefore, for completeness we are listing
the rule.
7 This approval action was approved by the EPA
on August 10, 1988 (53 FR 30224), then vacated and
restored on January 29, 1991 (56 FR 3219).
8 Id.
9 While Rule 21, Section F is not listed in the
current approved SIP (see 40 CFR 52.120), it is not
entirely clear that it was ever removed from the SIP.
Therefore, for completeness we are listing the rule.
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TABLE 3—MCAQD’S CURRENT SIP-APPROVED RULES—Continued
Regulation, rule, & section No.
Regulation
Regulation
Regulation
Regulation
II, Rule 26 ...................................................
II, Rule 26 ...................................................
II, Rule 220 .................................................
IV, Rule 40 ..................................................
Regulation IV, Rule 43 ..................................................
Regulation VII, Rule 71 .................................................
Regulation VIII, Rule 80 ................................................
C. What is the purpose of the submitted
rule revisions?
Section 110(a) of the CAA requires
states to submit regulations that include
a pre-construction permit program for
new or modified stationary sources of
pollutants, including a permit program
as required by part D of title I of the
CAA.
The purpose of the MCAQD’s NSR
submittal, which includes Rules 100,
200, 210, 220, 240, and 241, is to
implement the county’s preconstruction
permit program for new and modified
minor sources, and new and modified
major stationary sources for areas
designated nonattainment for at least
one National Ambient Air Quality
Standards (NAAQS).
A portion of Maricopa County
(Phoenix-Mesa, AZ) is currently
designated as a Moderate nonattainment
area for the 2008 ozone NAAQS and as
a Marginal nonattainment area for the
2015 ozone NAAQS. Additionally, a
different portion of the county (Phoenix
Planning Area) is currently designated
as a Serious nonattainment area for the
1987 24-hour PM10 NAAQS. See 40 CFR
81.303.
We present our evaluation under the
CAA and the EPA’s implementing
regulations applicable to SIP submittals
and NSR permit programs in general
terms below. We provide a more
detailed analysis in our TSD, which is
available in the docket for this proposed
action.
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II. The EPA’s Evaluation
A. How is the EPA evaluating the rules?
The EPA has reviewed the MCAQD
rules listed in Table 1 for compliance
with the CAA’s general requirements for
SIPs in CAA section 110(a)(2), and for
the nonattainment NSR programs in part
D of title I (sections 172 and 173). The
EPA also evaluated the rules for
compliance with the CAA requirements
for SIP revisions in CAA sections 110(l)
and 193. In addition, the EPA evaluated
the submitted rules for consistency with
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Permits and Fees; Air Quality Models ........................
Permits and Fees; Portable Equipment ......................
Permits and Fees; Permits to Operate .......................
Production of Records: Monitoring, Testing, and
Sampling Facilities; Record Keeping and Reporting.
Production of Records: Monitoring, Testing, and
Sampling Facilities; Right of Inspection.
Ambient Air Quality Standards; Anti-degradation .......
Validity and Operation; Validity ...................................
the regulatory provisions of 40 CFR part
51, subpart I (Review of New Sources
and Modifications) (i.e., 40 CFR 51.160–
51.165) and 40 CFR 51.307.
Among other things, section 110 of
the Act requires that SIP rules be
enforceable, and provides that the EPA
may not approve a SIP revision if it
would interfere with any applicable
requirements concerning attainment and
reasonable further progress (RFP) or any
other requirement of the CAA. In
addition, section 110(a)(2) and section
110(l) of the Act require that each SIP
or revision to a SIP submitted by a state
must be adopted after reasonable notice
and public hearing.
Section 110(a)(2)(C) of the Act
requires each SIP to include a program
to regulate the modification and
construction of any stationary source
within the areas covered by the SIP as
necessary to assure attainment and
maintenance of the NAAQS. The EPA’s
regulations at 40 CFR 51.160–51.164
provide general programmatic
requirements to implement this
statutory mandate commonly referred to
as the ‘‘general’’ or ‘‘minor’’ NSR
program. These NSR program
regulations impose requirements for
approval of state and local programs
that are more general in nature as
compared to the specific statutory and
regulatory requirements for NSR
permitting programs under part D of
title I of the Act.
Part D of title I of the Act contains the
general requirements for areas
designated nonattainment for a NAAQS
(section 172), including preconstruction
permit requirements for new major
sources and major modifications
proposing to construct in nonattainment
areas (section 173). 40 CFR 51.165 sets
forth the EPA’s regulatory requirements
for SIP-approval of a nonattainment
NSR permit program.
The protection of visibility
requirements that apply to NSR
programs are contained in 40 CFR
51.307. This provision requires that
certain actions be taken in consultation
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Federal
Register
citation
SIP approval
date
Rule title
4/12/1982
7/27/1972
1/6/1992
4/12/1982
47
37
57
47
FR
FR
FR
FR
15579
15080
354
15579
7/27/1972
37 FR 15080
4/12/1982
7/27/1972
47 FR 15579
37 FR 15080
with the local Federal Land Manager if
a new major source or major
modification may have an impact on
visibility in any mandatory Federal
Class I Area.
Section 110(l) of the Act prohibits the
EPA from approving any SIP revisions
that would interfere with any applicable
requirement concerning attainment and
RFP or any other applicable requirement
of the CAA. Section 193 of the Act,
which only applies in nonattainment
areas, prohibits the modification of a
SIP-approved control requirement in
effect before November 15, 1990, in any
manner unless the modification insures
equivalent or greater emission
reductions of such air pollutant.
Our TSD, which can be found in the
docket for this rule, contains a more
detailed discussion of the approval
criteria.
B. Do the rules meet the evaluation
criteria?
The EPA has reviewed the submitted
rules in accordance with the rule
evaluation criteria described above.
With respect to procedural
requirements, CAA sections 110(a)(2)
and 110(l) require that revisions to a SIP
be adopted by the state after reasonable
notice and public hearing. Based on our
review of the public process
documentation included in the May 18,
2016 and November 25, 2016 SIP
submittals, we find that the MCAQD has
provided sufficient evidence of public
notice, and an opportunity for comment
and a public hearing prior to adoption
and submittal of these rules to the EPA.
With respect to substantive
requirements, we have reviewed the
submitted rules in accordance with the
evaluation criteria discussed above. We
are proposing to fully approve Rules
210, 240 and 241 as part of the
MCAQD’s general and major source
NSR permitting program because we
have determined that these rules satisfy
the substantive statutory and regulatory
requirements for NSR permit programs
as contained in part D of title I of the
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Act (sections 172, 173 and 182(a)), the
part D requirements of CAA section
110(a)(2)(C), 40 CFR 51.160–51.165, and
40 CFR 51.307.
In addition, we are proposing a
conditional approval of Rules 100, 200,
and 220 because we have determined
that while they mostly satisfy the
statutory and regulatory requirements of
CAA section 110(a)(2)(C) and part D of
title I of the Act, the rules also contain
eight deficiencies that prevent full
approval. Below we describe the eight
identified deficiencies. Our TSD
contains a more detailed evaluation and
recommendations for program
improvements.
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1. Definitions of ‘‘PM2.5’’ and ‘‘PM10’’
(Rule 200, Sections 201 and 315)
The EPA finds the definitions of
‘‘PM2.5’’ and ‘‘PM10’’ in Rule 100,
Sections 200.91 and 200.92, deficient
because they do not provide that
gaseous emissions, which form
particulates, are included in the
respective definitions. The MCAQD may
correct this deficiency by adding
language to clarify that gaseous
emissions are included in these
definitions.
2. Good Engineering Practice Stack
Height Provisions (Rule 200, Sections
201 and 315)
An NSR program is required to
contain provisions to satisfy the
requirements of 40 CFR 51.164,
pertaining to stack height procedures.
The NSR program must contain
provisions ensuring that a source with
a stack height that exceeds good
engineering practice (GEP), or that uses
any other dispersion technique, does
not affect the amount of emissions
control required. 40 CFR 51.164 also
includes specific requirements that
must be met before a permit may be
issued for any stack that exceeds GEP
and a clarifying statement that the
regulation does not restrict the actual
stack height of any source.
Rule 200, Section 201 defines the
term GEP Stack Height as ‘‘stack height
meeting the requirements described in
Rule 240 (Federal Major NSR) of these
rules.’’ (Emphasis added) This
definition is inconsistent with the
definition for this term provided in 40
CFR 51.100(ii), which provides a
numerical value, or formulas for
calculating a numerical value, relevant
to stack height. Rule 240, Section 306
does not contain any ‘‘requirements for
stack height,’’ but instead provides
criteria for determining if a stack height
exceeds GEP, and a prohibition on stack
height exceeding GEP from affecting the
degree of emission limitation required
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by any source for control of any air
pollutants. Because Rule 240, Section
306 does not provide any specific
requirements for stack height, this
definition lacks clarity and practical
enforceability. Therefore, the EPA finds
this definition deficient. The MCAQD
may correct this deficiency by removing
this definition or revising it in Rule 200
to read ‘‘as defined in 40 CFR
51.100(ii),’’ which will ensure the
definition of GEP Stack Height is
consistent with the EPA definition.
Rule 200, Section 315 states that ‘‘the
degree of emission limitation required
of any source of any pollutant shall not
be affected by so much of any source’s
stack height that exceeds good
engineering practice or by any other
dispersion technique as determined by
the procedures of 40 CFR 51.118 and the
EPA regulations cross-referenced
therein.’’ (Emphasis added) While this
language satisfies the first sentence of 40
CFR 51.164, it does not include
provisions (1) excluding certain stacks
(as provided in 40 CFR 51.118(b)); (2)
allowing stacks to exceed GEP in
specified circumstances; or (3) clarifying
that these provisions do not limit the
stack height of any source. In addition,
despite the language of Rule 200,
Section 315, 40 CFR 51.118 does not
include any procedures for determining
if the degree of emission limitation is or
is not affected by a stack height that
exceeds GEP or by any other dispersion
technique. Therefore, the EPA finds
Rule 200, Section 315 to be deficient.
The MCAQD may correct this deficiency
by moving or adding the provisions of
Rule 240, Section 306 to Rule 200,
Section 315.
3. Exemption for Agricultural
Equipment Used in Normal Farm
Operations (Rule 200, Section 305.1.c)
While the EPA agrees that, in general,
certain types of equipment may be
exempted from the minor NSR program,
the MCAQD must provide a basis under
40 CFR 51.160(e) to demonstrate that
regulation of the equipment exempted
in Rule 200, Section 305.1.c is not
needed for the MCAQD’s program to
meet federal NSR requirements for
attainment and maintenance of the
NAAQS or review for compliance with
the control strategy.
Such demonstration must address: (1)
Identification of the types of equipment
that the MCAQD considers to be
‘‘agricultural equipment used in normal
farm operations’’ and whether this type
of equipment could potentially be
expected to occur at a stationary source
subject to title V of the CAA, 40 CFR
parts 60, 61, and 63, or part C or D of
title I of the CAA, and, if so, whether
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26915
such equipment is subject to NSR
review at such sources; and (2) the
MCAQD’s basis for determining that
‘‘agricultural equipment used in normal
farm operations’’ does not need to be
regulated as part of the MCAQD’s minor
NSR program under 40 CFR 51.160(e).
4. Notification and Implementation
Provisions for Certain Changes That Do
Not Require a Non-Title V Revision
(Rule 220, Section 404.3)
Rule 200, Section 404.3 provides
criteria for replacing or changing certain
equipment if the source provides
written notification to the Control
Officer within 7 or 30 days in advance
of the change. The EPA is concerned
that two of the listed provisions
(subparagraphs e. and f.) allow changes
with potentially significant emission
increases and should not be listed as
changes that can be made after
providing only a notification to the
MCAQD. Subparagraph f. allows
changes associated with an emission
increase greater than 10 percent of the
major source threshold (greater than 10
tpy for most criteria pollutants and 25
tpy for some other pollutants), if the
increase does not trigger a new
applicable requirement. These allowable
emission increase thresholds are greater
than some of the public notice
thresholds provided in Rule 100,
Section 200.98. Because the rule
contains conflicting requirements—a
notification and implementation
provision allowing changes without a
permit revision versus a public notice
requirement for changes with emission
increases equal or greater than these
amounts, the EPA finds the provisions
contained in subparagraph f. to be
deficient. Likewise, the provision in
subparagraph e. is for reconstructed
sources, which are defined, in part, as
sources where the fixed capital cost of
the new components exceeds 50 percent
of the fixed capital cost that would be
required to construct a comparable new
facility. This type of change is not likely
to result in an insignificant revision;
therefore, the EPA finds that this
provision is also deficient. These
deficiencies may be addressed by
adding language stating that the
provisions of Section 404.3 only apply
to changes that do not require a permit
revision pursuant to Section 403.2. (See
language contained in Rule 200, Section
404.3, subparagraph b.)
5. Expiration of NSR Terms and
Conditions
The MCAQD’s permit programs now
rely on a single unitary permit to satisfy
both NSR and title V program
requirements. Rule 210, Section 402 and
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Rule 220, Section 402, both specify that
a Title V and Non-Title V permit,
respectively, shall remain in effect for
no more than 5 years.
The MCAQD’s permit program must
ensure that all NSR terms and
conditions contained in either type of
permit do not expire even if the Title V
or Non-Title V permit expires. Rule 200,
Section 403.2 provides that if a timely
and complete application for a permit
renewal is submitted, then the permit
will not expire until the renewal permit
has been issued or denied. However,
Rule 200, Section 403.2 does not
specifically ensure the continuity of the
NSR terms and conditions when a Title
V or Non-Title V permit expires. The
lack of such a provision is a NSR
program deficiency. The MCAQD may
correct this deficiency by adding a
provision similar to paragraph B of
ADEQ’s R18–2–303.
6. Inappropriate Rule References of
Appendix G in Rules 100 and 200
Appendix G (Incorporated Materials)
is referenced throughout the submitted
rules as containing pertinent
requirements for provisions contained
in the MCAQD’s rules, but it is not
included in the existing SIP, nor has it
been included in the SIP submittal. For
this reason, the following sections of the
submitted rules, which reference
Appendix G for the applicability of
specified provisions, are deficient.
• Rule 100, Section 200.14 (Definition
of ‘‘AP–42’’)
• Rule 100, Section 200.80 (Definition
of ‘‘Non-Precursor Organic
Compound’’)
• Rule 100, Section 200.103 (Definition
of ‘‘Reference Method’’)
• Rule 100, Section 503 (Emission
Statements Required as Stated in the
Act)
• Rule 200, Section 315 (Stack Height
Provisions)
The MCAQD may correct these
deficiencies by removing the references
to Appendix G and, where appropriate,
citing to the appropriate CFR provision
without incorporating the provision by
reference into a specific MCAQD rule.
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7. Inappropriate Rule References of
Arizona Testing Manual in Rules 100
and 200
Rules 100 and 200 both include
references to the Arizona Testing
Manual (ATM). Rule 100, Section
200.17 defines the term ‘‘ATM’’ as
Sections 1 and 7 of the ATM for Air
Pollutant Emissions, amended as of
March 1992 (and no future editions).
However, only Section 1 of the ATM is
approved in the Arizona SIP. This
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provision is deficient for two separate
reasons. First, Rule 100 cross-references
and relies on provisions that are not SIP
approved. Second, the ATM is
significantly out of date, and therefore it
is not appropriate to be relied upon as
the sole basis for testing procedures as
specified in Section 408 of Rule 200.
The MCAQD may correct this deficiency
by revising Section 408 to specify
current EPA test methods or alternative
test methods approved by the Director
and the EPA in writing.
8. Definitions To Be Retained in the SIP
The MCAQD’s SIP submittal states
that the Department is seeking to delete
certain definitions from the approved
SIP by replacing the rules containing
these definitions with newly submitted
rules that no longer contain these
definitions (in effect, these definitions
would be repealed from the SIP).
However, these definitions are used in
other SIP rules and therefore cannot be
repealed from the SIP without further
justification. Therefore, these
definitions will be retained in the SIP.
For a list of these definitions see Section
4.8.1.5 of our TSD, which is available in
the docket for this proposed action.
III. Proposed Action and Public
Comment
If a portion of a plan revision meets
all the applicable CAA requirements,
CAA section 110(k)(3) authorizes the
EPA to approve the plan revision in
part. As such we are proposing full
approval of MCAQD Rules 210, 240, and
241. In addition, CAA section 110(k)(4)
authorizes the EPA to conditionally
approve a plan revision based on a
commitment by the state to adopt
specific enforceable measures by a date
certain but not later than one year after
the date of the plan approval. In letters
dated April 2, 2018 and April 6, 2018,
the MCAQD and the ADEQ committed
to adopt and submit specific enforceable
measures to address the identified
deficiencies in Rules 100, 200, and 220
within one year after the date of final
approval.10 Accordingly, pursuant to
section 110(k)(4) of the Act, the EPA is
proposing a conditional approval of
submitted Rules 100, 200, and 220. We
are proposing to conditionally approve
these rules based on our determination
that, separate from the deficiencies
listed in Section II.B of this notice, the
rules satisfy the substantive statutory
and regulatory requirements for a
10 See Section 9.2 of the TSD for additional
information about how the MCAQD will correct the
identified deficiencies. The April 2, 2018 and April
6, 2018 commitment letters from the MCAQD and
the ADEQ are contained in the docket for today’s
rulemaking.
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general NSR permit program as
contained in 40 CFR 51.160–51.164, as
well as a nonattainment NSR permit
program as set forth in the applicable
provisions of part D of title I of the Act
(sections 172, 173 and 182(a)), 40 CFR
51.165, and 40 CFR 51.307. Moreover,
we conclude that if the MCAQD and the
ADEQ submit the changes listed in their
commitment letters, the identified
deficiencies will be cured.
In support of this proposed action, we
have concluded that our conditional
approval of the submitted rules would
comply with section 110(l) of the Act
because the amended rules, as a whole,
would not interfere with continued
attainment of the NAAQS in Maricopa
County. The intended effect of our
proposed conditional approval action is
to update the applicable SIP with
current MCAQD rules and provide the
MCAQD the opportunity to correct the
identified deficiencies, as discussed in
their commitment letter dated April 2,
2018. If we finalize this action as
proposed, our action would be codified
through revisions to 40 CFR 52.120
(Identification of plan) and 40 CFR
52.119 (Part D conditional approval).
If the ADEQ and MCAQD meet their
commitment to submit the required
revisions and/or demonstrations within
12 months of the EPA’s final action on
this SIP submittal, and the EPA
approves the submission, then the
deficiencies listed above will be cured.
However, if the MCAQD or the ADEQ
fails to submit these revisions and/or
demonstrations within the required
timeframe, the conditional approval will
become a disapproval and the EPA will
issue a finding of disapproval. The EPA
is not required to propose the finding of
disapproval. Further, a finding of
disapproval would start an 18-month
clock to apply sanctions under CAA
section 179(b) and a two-year clock for
a federal implementation plan under
CAA section 110(c)(1).
We will accept comments from the
public on the proposed approval and
conditional approval of the MCAQD
rules listed in Table 1 of this notice for
the next 30 days.
IV. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
the MCAQD rules listed in Table 1 of
this notice, except for the rules or rule
sections listed in Table 2 of this notice.
The EPA has made, and will continue
to make, these documents generally
available electronically through
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demonstrated that a tribe has
jurisdiction, and will not impose
substantial direct costs on tribal
governments or preempt tribal law.
Thus, Executive Order 13175 does not
apply to this action.
www.regulations.gov and at the EPA
Region IX Office (see the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA because this action does not
impose additional requirements beyond
those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities beyond those imposed by state
law.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action does not
impose additional requirements beyond
those imposed by state law.
Accordingly, no additional costs to
State, local, or tribal governments, or to
the private sector, will result from this
action.
E. Executive Order 13132: Federalism
daltland on DSKBBV9HB2PROD with PROPOSALS
This action does not have federalism
implications. It will not have substantial
direct effects on the States, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175: Coordination
With Indian Tribal Governments
This action does not have tribal
implications, as specified in Executive
Order 13175, because 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
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G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not impose additional
requirements beyond those imposed by
state law.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs
the EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. The EPA believes that this
action is not subject to the requirements
of section 12(d) of the NTTAA because
application of those requirements would
be inconsistent with the CAA.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Population
The EPA lacks the discretionary
authority to address environmental
justice in this rulemaking.
List of Subjects in 40 CFR Part 52
Air pollution control, Environmental
protection, Incorporation by reference,
Intergovernmental relations, New
Source Review, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 18, 2018.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2018–12390 Filed 6–8–18; 8:45 am]
BILLING CODE 6560–50–P
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26917
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R03–RCRA–2017–0553; FRL–9979–
06—Region 3]
District of Columbia: Proposed
Authorization of District Hazardous
Waste Management Program
Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The District of Columbia (the
District) has applied to the United States
Environmental Protection Agency (EPA)
for final authorization of revisions to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). EPA has reviewed the
District’s application, and has
determined that these revisions satisfy
all requirements needed to qualify for
final authorization. As a result, by this
proposed rule, EPA is proposing to
authorize the District’s revisions and is
seeking public comment prior to taking
final action.
DATES: Comments on this proposed rule
must be received by July 11, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
RCRA–2017–0553, by one of the
following methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
2. Email: kinslow.sara@epa.gov.
3. Mail: Sara Kinslow, U.S. EPA
Region III, RCRA Waste Branch,
Mailcode 3LC32, 1650 Arch Street,
Philadelphia, PA 19103–2029.
4. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
You may view and copy the District’s
application from 9:00 a.m. to 5:00 p.m.,
Monday through Friday at the following
locations: District of Columbia
Department of Energy and Environment,
Environmental Services Administration,
Hazardous Waste Branch, 1200 First
Street NE, 5th Floor, Washington, DC,
Phone number: (202) 654–6031, Attn:
Barbara Williams; and EPA Region III,
Library, 2nd Floor, 1650 Arch Street,
Philadelphia, PA 19103–2029, Phone
number: (215) 814–5254.
Instructions: EPA must receive your
comments by July 11, 2018. Direct your
comments to Docket ID No. EPA–R03–
RCRA–2017–0553. EPA’s policy is that
all comments received will be included
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Proposed Rules]
[Pages 26912-26917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12390]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2017-0481; FRL-9978-82--Region 9]
Air Quality State Implementation Plans: Arizona; Approval and
Conditional Approval of State Implementation Plan Revisions; Maricopa
County Air Quality Department; Stationary Source Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing action
on revisions to the Maricopa County Air Quality Department (MCAQD)
portion of the state implementation plan (SIP) for the State of
Arizona. We are proposing full approval of three rules and conditional
approval of three rules submitted by the MCAQD. The revisions update
the MCAQD's New Source Review (NSR) permitting program for new and
modified sources of air pollution. We are taking comments on this
proposed rule and plan to follow with a final action.
DATES: Any comments must arrive by July 11, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0481 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be removed or edited 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://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Shaheerah Kelly, EPA Region IX, (415)
947-4156, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. The State's Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted rule revisions?
II. The EPA's Evaluation
A. How is the EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
III. Proposed Action and Public Comment
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The word or initials ADEQ mean or refer to the Arizona
Department of Environmental Quality.
(ii) The word or initials CAA or Act mean or refer to the Clean
Air Act, unless the context indicates otherwise.
(iii) The initials CFR mean or refer to Code of Federal
Regulations.
(iv) The initials or words EPA, we, us or our mean or refer to
the United States Environmental Protection Agency.
(v) The word or initials MCAQD or Department mean or refer to
the Maricopa County Air Quality Department, the agency with
jurisdiction over stationary sources within Maricopa County,
Arizona.
(vi) The initials NAAQS mean or refer to the National Ambient
Air Quality Standards.
(vii) The initials NSR mean or refer to New Source Review.
(viii) The initials NNSR mean or refer to nonattainment New
Source Review.
(ix) The initials PSD mean or refer to Prevention of Significant
Deterioration.
(x) The initials SIP mean or refer to State Implementation Plan.
(xi) The word State means or refers to the State of Arizona.
(xii) The word TSD means or refers to the Technical Support
Document.
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the submitted rules addressed by this action with the
dates that the rules were adopted by the MCAQD and submitted to EPA by
the ADEQ, which is the governor's designee for Arizona SIP submittals.
These rules constitute the MCAQD's air quality preconstruction NSR
permit program.
---------------------------------------------------------------------------
\1\ Rule 210 also contains requirements to address the CAA title
V requirements for operating permit programs, but we are not
evaluating the rule for title V purposes at this time. We will
evaluate Rule 210 for compliance with the requirements of title V of
the Act and the EPA's implementing regulations in 40 CFR part 70
following receipt of an official part 70 program submittal from
Maricopa County containing this rule.
Table 1--MCAQD Submitted Rules
----------------------------------------------------------------------------------------------------------------
Adoption or
Regulation & Rule No. Rule title amendment date Submitted
----------------------------------------------------------------------------------------------------------------
Regulation I, Rule 100..................... General Provisions; General 2/3/2016 5/18/2016
Provisions and Definitions.
Regulation II, Rule 200.................... Permits and Fees; Permit 2/3/2016 5/18/2016
Requirements.
Regulation II, Rule 210 \1\................ Permits and Fees; Title V Permit 2/3/2016 5/18/2016
Provisions.
Regulation II, Rule 220.................... Permits and Fees; Non-Title V 2/3/2016 5/18/2016
Permit Provisions.
Regulation II, Rule 230.................... Permits and Fees; General Permits.. 2/3/2016 5/18/2016
Regulation II, Rule 240.................... Permits and Fees; Federal Major New 2/3/2016 5/18/2016
Source Review.
Regulation II, Rule 241.................... Permits and Fees; Minor New Source 9/7/2016 11/25/2016
Review.
----------------------------------------------------------------------------------------------------------------
[[Page 26913]]
On October 31, 2016, the EPA determined that the submittal for the
MCAQD's Rules 100, 200, 210, 220, 230, and 240 met the completeness
criteria in 40 CFR part 51 Appendix V. Additionally, on January 17,
2017, the EPA determined that the submittal for the MCAQD Rule 241 met
the completeness criteria in 40 CFR part 51 Appendix V.\2\ These NSR
rule submittals, which we refer to collectively herein as ``MCAQD's NSR
submittal'' or ``the submittal,'' represent a comprehensive revision to
the MCAQD's preconstruction review and permitting program and are
intended to satisfy the requirements under part D (NNSR) of title I of
the Act as well as the general preconstruction review requirements
under section 110(a)(2)(C) of the Act.
---------------------------------------------------------------------------
\2\ Copies of the completeness letters are in the docket for
today's rulemaking.
---------------------------------------------------------------------------
In a letter dated April 6, 2018, the ADEQ requested that the rules
or rule sections listed in Table 2 be withdrawn from the May 18, 2016
SIP submittal. Therefore, these rules or rule sections are not part of
the submitted rules that the EPA is evaluating and proposing action on
in this notice.
Table 2--Withdrawn MCAQD Rules or Rule Sections
----------------------------------------------------------------------------------------------------------------
Adoption or
Regulation, rule, & section No. Title amendment date Submitted
----------------------------------------------------------------------------------------------------------------
Regulation I, Rule 100, Section 200.24..... Definition of ``Begin Actual 2/3/2016 5/18/2016
Construction''.
Regulation I, Rule 100, Section 200.73..... Definition of ``Modification''..... 2/3/2016 5/18/2016
Regulation I, Rule 100, Section 200.104(c). Definition of ``Regulated Air 2/3/2016 5/18/2016
Pollutant''.
Regulation II, Rule 230.................... Permits and Fees; General Permits.. 2/3/2016 5/18/2016
Regulation II, Rule 240, Section 305....... Permit Requirements for New Major 2/3/2016 5/18/2016
Sources or Major Modifications
located in Attainment or
Unclassifiable Areas.
----------------------------------------------------------------------------------------------------------------
B. Are there other versions of these rules?
The existing SIP-approved NSR program for new or modified
stationary sources in Maricopa County consists of the rules identified
in Table 3. Collectively, these rules establish the NSR permit
requirements for stationary sources under the MCAQD's jurisdiction.
The rules listed in Table 1 will replace the existing SIP-approved
NSR program rules listed in Table 3, in their entirety, except for
certain definitions the EPA has identified that must be retained in the
SIP.\3\ The MCAQD made significant revisions to its NSR program,
including, for example, switching from separate preconstruction and
operating permit programs to a ``unitary'' permit program.\4\ The EPA's
action on this SIP submittal will update the MCAQD portion of the
Arizona SIP.
---------------------------------------------------------------------------
\3\ See Section 4.8.1.5 in our TSD in the docket for this action
for a list of these definitions.
\4\ The MCAQD combined its ``installation'' (referred to in EPA
regulations as ``construction'') and ``operating'' permit programs
to form a ``unitary'' permit program that authorizes both
construction and operation of a stationary source in a single permit
document. A single permit application is submitted by a stationary
source to satisfy both the NSR and Title V Operating permit program
requirements. Also, the public notification and review process for
the combined permit action is designed to satisfy both the NSR and
operating permit program requirements.
\5\ The excluded definitions were removed from the SIP-approved
version of Rule 2 on June 18, 1982 (47 FR 26382).
\6\ The NSR SIP Submittal identifies Rule 20 in the list of SIP
rules intended to be replaced by the submitted revised rules. While
Rule 20 is not listed in the current approved SIP (see 40 CFR
52.120), it is not entirely clear that it was ever removed from the
SIP. Therefore, for completeness we are listing the rule.
\7\ This approval action was approved by the EPA on August 10,
1988 (53 FR 30224), then vacated and restored on January 29, 1991
(56 FR 3219).
\8\ Id.
\9\ While Rule 21, Section F is not listed in the current
approved SIP (see 40 CFR 52.120), it is not entirely clear that it
was ever removed from the SIP. Therefore, for completeness we are
listing the rule.
Table 3--MCAQD's Current Sip-Approved Rules
----------------------------------------------------------------------------------------------------------------
SIP approval
Regulation, rule, & section No. Rule title date Federal Register citation
----------------------------------------------------------------------------------------------------------------
Regulation I, Rule 1................. General Provisions; Emissions 7/27/1972 37 FR 15080
Regulated: Policy, Legal
Authority.
Regulation I, Rule 2, No. 11 General Provisions; 6/18/1982 47 FR 26382
``Alteration or Modification'' and Definitions.
No. 33 ``Existing Source''.
Regulation I, Rule 2 (excluding Nos. General Provisions; 4/12/1982 47 FR 15579
18, 49, 50, 52, 54 and 57) \5\. Definitions.
Regulation I, Rule 3................. General Provisions; Air 4/12/1982 47 FR 15579
Pollution Prohibited.
Regulation I, Rule 100, Section 108.. General Provisions; Hearing 8/10/2015 80 FR 47859
Board.
Regulation I, Rule 100, Section 500.. General Provisions; 11/5/2012 77 FR 66405
Monitoring and Records.
Regulation II, Rule 20 \6\........... Permits and Fees; Permits 7/27/1972 37 FR 15080
Required.
Regulation II, Rule 21.0, (paragraphs Permits and Fees; Procedures 1/29/1991 56 FR 3219
A-C; subparagraphs D.1.a-d; and for Obtaining an
paragraph E only) \7\. Installation Permit.
Regulation II, Rule 21.0, Permits and Fees; Procedures 1/29/1991 56 FR 3219
(subparagraph D.1 and subparagraphs for Obtaining an
D.1.e, f and g only) \8\. Installation Permit.
Regulation II, Rule 21, Section F \9\ Permits and Fees; Procedures 7/27/1972 37 FR 15080
for Obtaining an
Installation Permit.
Regulation II, Rule 21, Section G.... Permits and Fees; Procedures 4/12/1982 47 FR 15579
for Obtaining an
Installation Permit.
Regulation II, Rule 23............... Permits and Fees; Permit 7/27/1972 37 FR 15080
Classes.
Regulation II, Rule 25............... Permits and Fees; Emissions 4/12/1982 47 FR 15579
Test Methods and Procedures.
[[Page 26914]]
Regulation II, Rule 26............... Permits and Fees; Air Quality 4/12/1982 47 FR 15579
Models.
Regulation II, Rule 26............... Permits and Fees; Portable 7/27/1972 37 FR 15080
Equipment.
Regulation II, Rule 220.............. Permits and Fees; Permits to 1/6/1992 57 FR 354
Operate.
Regulation IV, Rule 40............... Production of Records: 4/12/1982 47 FR 15579
Monitoring, Testing, and
Sampling Facilities; Record
Keeping and Reporting.
Regulation IV, Rule 43............... Production of Records: 7/27/1972 37 FR 15080
Monitoring, Testing, and
Sampling Facilities; Right
of Inspection.
Regulation VII, Rule 71.............. Ambient Air Quality 4/12/1982 47 FR 15579
Standards; Anti-degradation.
Regulation VIII, Rule 80............. Validity and Operation; 7/27/1972 37 FR 15080
Validity.
----------------------------------------------------------------------------------------------------------------
C. What is the purpose of the submitted rule revisions?
Section 110(a) of the CAA requires states to submit regulations
that include a pre-construction permit program for new or modified
stationary sources of pollutants, including a permit program as
required by part D of title I of the CAA.
The purpose of the MCAQD's NSR submittal, which includes Rules 100,
200, 210, 220, 240, and 241, is to implement the county's
preconstruction permit program for new and modified minor sources, and
new and modified major stationary sources for areas designated
nonattainment for at least one National Ambient Air Quality Standards
(NAAQS).
A portion of Maricopa County (Phoenix-Mesa, AZ) is currently
designated as a Moderate nonattainment area for the 2008 ozone NAAQS
and as a Marginal nonattainment area for the 2015 ozone NAAQS.
Additionally, a different portion of the county (Phoenix Planning Area)
is currently designated as a Serious nonattainment area for the 1987
24-hour PM10 NAAQS. See 40 CFR 81.303.
We present our evaluation under the CAA and the EPA's implementing
regulations applicable to SIP submittals and NSR permit programs in
general terms below. We provide a more detailed analysis in our TSD,
which is available in the docket for this proposed action.
II. The EPA's Evaluation
A. How is the EPA evaluating the rules?
The EPA has reviewed the MCAQD rules listed in Table 1 for
compliance with the CAA's general requirements for SIPs in CAA section
110(a)(2), and for the nonattainment NSR programs in part D of title I
(sections 172 and 173). The EPA also evaluated the rules for compliance
with the CAA requirements for SIP revisions in CAA sections 110(l) and
193. In addition, the EPA evaluated the submitted rules for consistency
with the regulatory provisions of 40 CFR part 51, subpart I (Review of
New Sources and Modifications) (i.e., 40 CFR 51.160-51.165) and 40 CFR
51.307.
Among other things, section 110 of the Act requires that SIP rules
be enforceable, and provides that the EPA may not approve a SIP
revision if it would interfere with any applicable requirements
concerning attainment and reasonable further progress (RFP) or any
other requirement of the CAA. In addition, section 110(a)(2) and
section 110(l) of the Act require that each SIP or revision to a SIP
submitted by a state must be adopted after reasonable notice and public
hearing.
Section 110(a)(2)(C) of the Act requires each SIP to include a
program to regulate the modification and construction of any stationary
source within the areas covered by the SIP as necessary to assure
attainment and maintenance of the NAAQS. The EPA's regulations at 40
CFR 51.160-51.164 provide general programmatic requirements to
implement this statutory mandate commonly referred to as the
``general'' or ``minor'' NSR program. These NSR program regulations
impose requirements for approval of state and local programs that are
more general in nature as compared to the specific statutory and
regulatory requirements for NSR permitting programs under part D of
title I of the Act.
Part D of title I of the Act contains the general requirements for
areas designated nonattainment for a NAAQS (section 172), including
preconstruction permit requirements for new major sources and major
modifications proposing to construct in nonattainment areas (section
173). 40 CFR 51.165 sets forth the EPA's regulatory requirements for
SIP-approval of a nonattainment NSR permit program.
The protection of visibility requirements that apply to NSR
programs are contained in 40 CFR 51.307. This provision requires that
certain actions be taken in consultation with the local Federal Land
Manager if a new major source or major modification may have an impact
on visibility in any mandatory Federal Class I Area.
Section 110(l) of the Act prohibits the EPA from approving any SIP
revisions that would interfere with any applicable requirement
concerning attainment and RFP or any other applicable requirement of
the CAA. Section 193 of the Act, which only applies in nonattainment
areas, prohibits the modification of a SIP-approved control requirement
in effect before November 15, 1990, in any manner unless the
modification insures equivalent or greater emission reductions of such
air pollutant.
Our TSD, which can be found in the docket for this rule, contains a
more detailed discussion of the approval criteria.
B. Do the rules meet the evaluation criteria?
The EPA has reviewed the submitted rules in accordance with the
rule evaluation criteria described above. With respect to procedural
requirements, CAA sections 110(a)(2) and 110(l) require that revisions
to a SIP be adopted by the state after reasonable notice and public
hearing. Based on our review of the public process documentation
included in the May 18, 2016 and November 25, 2016 SIP submittals, we
find that the MCAQD has provided sufficient evidence of public notice,
and an opportunity for comment and a public hearing prior to adoption
and submittal of these rules to the EPA.
With respect to substantive requirements, we have reviewed the
submitted rules in accordance with the evaluation criteria discussed
above. We are proposing to fully approve Rules 210, 240 and 241 as part
of the MCAQD's general and major source NSR permitting program because
we have determined that these rules satisfy the substantive statutory
and regulatory requirements for NSR permit programs as contained in
part D of title I of the
[[Page 26915]]
Act (sections 172, 173 and 182(a)), the part D requirements of CAA
section 110(a)(2)(C), 40 CFR 51.160-51.165, and 40 CFR 51.307.
In addition, we are proposing a conditional approval of Rules 100,
200, and 220 because we have determined that while they mostly satisfy
the statutory and regulatory requirements of CAA section 110(a)(2)(C)
and part D of title I of the Act, the rules also contain eight
deficiencies that prevent full approval. Below we describe the eight
identified deficiencies. Our TSD contains a more detailed evaluation
and recommendations for program improvements.
1. Definitions of ``PM2.5'' and ``PM10'' (Rule 200, Sections 201 and
315)
The EPA finds the definitions of ``PM2.5'' and
``PM10'' in Rule 100, Sections 200.91 and 200.92, deficient
because they do not provide that gaseous emissions, which form
particulates, are included in the respective definitions. The MCAQD may
correct this deficiency by adding language to clarify that gaseous
emissions are included in these definitions.
2. Good Engineering Practice Stack Height Provisions (Rule 200,
Sections 201 and 315)
An NSR program is required to contain provisions to satisfy the
requirements of 40 CFR 51.164, pertaining to stack height procedures.
The NSR program must contain provisions ensuring that a source with a
stack height that exceeds good engineering practice (GEP), or that uses
any other dispersion technique, does not affect the amount of emissions
control required. 40 CFR 51.164 also includes specific requirements
that must be met before a permit may be issued for any stack that
exceeds GEP and a clarifying statement that the regulation does not
restrict the actual stack height of any source.
Rule 200, Section 201 defines the term GEP Stack Height as ``stack
height meeting the requirements described in Rule 240 (Federal Major
NSR) of these rules.'' (Emphasis added) This definition is inconsistent
with the definition for this term provided in 40 CFR 51.100(ii), which
provides a numerical value, or formulas for calculating a numerical
value, relevant to stack height. Rule 240, Section 306 does not contain
any ``requirements for stack height,'' but instead provides criteria
for determining if a stack height exceeds GEP, and a prohibition on
stack height exceeding GEP from affecting the degree of emission
limitation required by any source for control of any air pollutants.
Because Rule 240, Section 306 does not provide any specific
requirements for stack height, this definition lacks clarity and
practical enforceability. Therefore, the EPA finds this definition
deficient. The MCAQD may correct this deficiency by removing this
definition or revising it in Rule 200 to read ``as defined in 40 CFR
51.100(ii),'' which will ensure the definition of GEP Stack Height is
consistent with the EPA definition.
Rule 200, Section 315 states that ``the degree of emission
limitation required of any source of any pollutant shall not be
affected by so much of any source's stack height that exceeds good
engineering practice or by any other dispersion technique as determined
by the procedures of 40 CFR 51.118 and the EPA regulations cross-
referenced therein.'' (Emphasis added) While this language satisfies
the first sentence of 40 CFR 51.164, it does not include provisions (1)
excluding certain stacks (as provided in 40 CFR 51.118(b)); (2)
allowing stacks to exceed GEP in specified circumstances; or (3)
clarifying that these provisions do not limit the stack height of any
source. In addition, despite the language of Rule 200, Section 315, 40
CFR 51.118 does not include any procedures for determining if the
degree of emission limitation is or is not affected by a stack height
that exceeds GEP or by any other dispersion technique. Therefore, the
EPA finds Rule 200, Section 315 to be deficient. The MCAQD may correct
this deficiency by moving or adding the provisions of Rule 240, Section
306 to Rule 200, Section 315.
3. Exemption for Agricultural Equipment Used in Normal Farm Operations
(Rule 200, Section 305.1.c)
While the EPA agrees that, in general, certain types of equipment
may be exempted from the minor NSR program, the MCAQD must provide a
basis under 40 CFR 51.160(e) to demonstrate that regulation of the
equipment exempted in Rule 200, Section 305.1.c is not needed for the
MCAQD's program to meet federal NSR requirements for attainment and
maintenance of the NAAQS or review for compliance with the control
strategy.
Such demonstration must address: (1) Identification of the types of
equipment that the MCAQD considers to be ``agricultural equipment used
in normal farm operations'' and whether this type of equipment could
potentially be expected to occur at a stationary source subject to
title V of the CAA, 40 CFR parts 60, 61, and 63, or part C or D of
title I of the CAA, and, if so, whether such equipment is subject to
NSR review at such sources; and (2) the MCAQD's basis for determining
that ``agricultural equipment used in normal farm operations'' does not
need to be regulated as part of the MCAQD's minor NSR program under 40
CFR 51.160(e).
4. Notification and Implementation Provisions for Certain Changes That
Do Not Require a Non-Title V Revision (Rule 220, Section 404.3)
Rule 200, Section 404.3 provides criteria for replacing or changing
certain equipment if the source provides written notification to the
Control Officer within 7 or 30 days in advance of the change. The EPA
is concerned that two of the listed provisions (subparagraphs e. and
f.) allow changes with potentially significant emission increases and
should not be listed as changes that can be made after providing only a
notification to the MCAQD. Subparagraph f. allows changes associated
with an emission increase greater than 10 percent of the major source
threshold (greater than 10 tpy for most criteria pollutants and 25 tpy
for some other pollutants), if the increase does not trigger a new
applicable requirement. These allowable emission increase thresholds
are greater than some of the public notice thresholds provided in Rule
100, Section 200.98. Because the rule contains conflicting
requirements--a notification and implementation provision allowing
changes without a permit revision versus a public notice requirement
for changes with emission increases equal or greater than these
amounts, the EPA finds the provisions contained in subparagraph f. to
be deficient. Likewise, the provision in subparagraph e. is for
reconstructed sources, which are defined, in part, as sources where the
fixed capital cost of the new components exceeds 50 percent of the
fixed capital cost that would be required to construct a comparable new
facility. This type of change is not likely to result in an
insignificant revision; therefore, the EPA finds that this provision is
also deficient. These deficiencies may be addressed by adding language
stating that the provisions of Section 404.3 only apply to changes that
do not require a permit revision pursuant to Section 403.2. (See
language contained in Rule 200, Section 404.3, subparagraph b.)
5. Expiration of NSR Terms and Conditions
The MCAQD's permit programs now rely on a single unitary permit to
satisfy both NSR and title V program requirements. Rule 210, Section
402 and
[[Page 26916]]
Rule 220, Section 402, both specify that a Title V and Non-Title V
permit, respectively, shall remain in effect for no more than 5 years.
The MCAQD's permit program must ensure that all NSR terms and
conditions contained in either type of permit do not expire even if the
Title V or Non-Title V permit expires. Rule 200, Section 403.2 provides
that if a timely and complete application for a permit renewal is
submitted, then the permit will not expire until the renewal permit has
been issued or denied. However, Rule 200, Section 403.2 does not
specifically ensure the continuity of the NSR terms and conditions when
a Title V or Non-Title V permit expires. The lack of such a provision
is a NSR program deficiency. The MCAQD may correct this deficiency by
adding a provision similar to paragraph B of ADEQ's R18-2-303.
6. Inappropriate Rule References of Appendix G in Rules 100 and 200
Appendix G (Incorporated Materials) is referenced throughout the
submitted rules as containing pertinent requirements for provisions
contained in the MCAQD's rules, but it is not included in the existing
SIP, nor has it been included in the SIP submittal. For this reason,
the following sections of the submitted rules, which reference Appendix
G for the applicability of specified provisions, are deficient.
Rule 100, Section 200.14 (Definition of ``AP-42'')
Rule 100, Section 200.80 (Definition of ``Non-Precursor
Organic Compound'')
Rule 100, Section 200.103 (Definition of ``Reference Method'')
Rule 100, Section 503 (Emission Statements Required as Stated
in the Act)
Rule 200, Section 315 (Stack Height Provisions)
The MCAQD may correct these deficiencies by removing the references
to Appendix G and, where appropriate, citing to the appropriate CFR
provision without incorporating the provision by reference into a
specific MCAQD rule.
7. Inappropriate Rule References of Arizona Testing Manual in Rules 100
and 200
Rules 100 and 200 both include references to the Arizona Testing
Manual (ATM). Rule 100, Section 200.17 defines the term ``ATM'' as
Sections 1 and 7 of the ATM for Air Pollutant Emissions, amended as of
March 1992 (and no future editions). However, only Section 1 of the ATM
is approved in the Arizona SIP. This provision is deficient for two
separate reasons. First, Rule 100 cross-references and relies on
provisions that are not SIP approved. Second, the ATM is significantly
out of date, and therefore it is not appropriate to be relied upon as
the sole basis for testing procedures as specified in Section 408 of
Rule 200. The MCAQD may correct this deficiency by revising Section 408
to specify current EPA test methods or alternative test methods
approved by the Director and the EPA in writing.
8. Definitions To Be Retained in the SIP
The MCAQD's SIP submittal states that the Department is seeking to
delete certain definitions from the approved SIP by replacing the rules
containing these definitions with newly submitted rules that no longer
contain these definitions (in effect, these definitions would be
repealed from the SIP). However, these definitions are used in other
SIP rules and therefore cannot be repealed from the SIP without further
justification. Therefore, these definitions will be retained in the
SIP. For a list of these definitions see Section 4.8.1.5 of our TSD,
which is available in the docket for this proposed action.
III. Proposed Action and Public Comment
If a portion of a plan revision meets all the applicable CAA
requirements, CAA section 110(k)(3) authorizes the EPA to approve the
plan revision in part. As such we are proposing full approval of MCAQD
Rules 210, 240, and 241. In addition, CAA section 110(k)(4) authorizes
the EPA to conditionally approve a plan revision based on a commitment
by the state to adopt specific enforceable measures by a date certain
but not later than one year after the date of the plan approval. In
letters dated April 2, 2018 and April 6, 2018, the MCAQD and the ADEQ
committed to adopt and submit specific enforceable measures to address
the identified deficiencies in Rules 100, 200, and 220 within one year
after the date of final approval.\10\ Accordingly, pursuant to section
110(k)(4) of the Act, the EPA is proposing a conditional approval of
submitted Rules 100, 200, and 220. We are proposing to conditionally
approve these rules based on our determination that, separate from the
deficiencies listed in Section II.B of this notice, the rules satisfy
the substantive statutory and regulatory requirements for a general NSR
permit program as contained in 40 CFR 51.160-51.164, as well as a
nonattainment NSR permit program as set forth in the applicable
provisions of part D of title I of the Act (sections 172, 173 and
182(a)), 40 CFR 51.165, and 40 CFR 51.307. Moreover, we conclude that
if the MCAQD and the ADEQ submit the changes listed in their commitment
letters, the identified deficiencies will be cured.
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\10\ See Section 9.2 of the TSD for additional information about
how the MCAQD will correct the identified deficiencies. The April 2,
2018 and April 6, 2018 commitment letters from the MCAQD and the
ADEQ are contained in the docket for today's rulemaking.
---------------------------------------------------------------------------
In support of this proposed action, we have concluded that our
conditional approval of the submitted rules would comply with section
110(l) of the Act because the amended rules, as a whole, would not
interfere with continued attainment of the NAAQS in Maricopa County.
The intended effect of our proposed conditional approval action is to
update the applicable SIP with current MCAQD rules and provide the
MCAQD the opportunity to correct the identified deficiencies, as
discussed in their commitment letter dated April 2, 2018. If we
finalize this action as proposed, our action would be codified through
revisions to 40 CFR 52.120 (Identification of plan) and 40 CFR 52.119
(Part D conditional approval).
If the ADEQ and MCAQD meet their commitment to submit the required
revisions and/or demonstrations within 12 months of the EPA's final
action on this SIP submittal, and the EPA approves the submission, then
the deficiencies listed above will be cured. However, if the MCAQD or
the ADEQ fails to submit these revisions and/or demonstrations within
the required timeframe, the conditional approval will become a
disapproval and the EPA will issue a finding of disapproval. The EPA is
not required to propose the finding of disapproval. Further, a finding
of disapproval would start an 18-month clock to apply sanctions under
CAA section 179(b) and a two-year clock for a federal implementation
plan under CAA section 110(c)(1).
We will accept comments from the public on the proposed approval
and conditional approval of the MCAQD rules listed in Table 1 of this
notice for the next 30 days.
IV. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the MCAQD rules listed in Table 1 of this notice, except for
the rules or rule sections listed in Table 2 of this notice. The EPA
has made, and will continue to make, these documents generally
available electronically through
[[Page 26917]]
www.regulations.gov and at the EPA Region IX Office (see the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, will
result from this action.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because 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, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not impose additional
requirements beyond those imposed by state law.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population
The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.
List of Subjects in 40 CFR Part 52
Air pollution control, Environmental protection, Incorporation by
reference, Intergovernmental relations, New Source Review, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 18, 2018.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2018-12390 Filed 6-8-18; 8:45 am]
BILLING CODE 6560-50-P
