Partial Approval and Partial Disapproval of Air Quality State Implementation Plans; Arizona; Infrastructure Requirements for Nitrogen Dioxide and Sulfur Dioxide, 42214-42219 [2018-17931]
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Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations
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Dated: August 16, 2018.
Johnny W. Collett,
Assistant Secretary for Special Education and
Rehabilitative Services.
[FR Doc. 2018–18027 Filed 8–20–18; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2015–0472; FRL–9982–
23—Region 9]
Partial Approval and Partial
Disapproval of Air Quality State
Implementation Plans; Arizona;
Infrastructure Requirements for
Nitrogen Dioxide and Sulfur Dioxide
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is partially approving and
partially disapproving several state
implementation plan (SIP) submissions
from the State of Arizona pursuant to
the requirements of section 110(a)(1)
and 110(a)(2) of the Clean Air Act (CAA
or ‘‘the Act’’) for the implementation,
maintenance, and enforcement of the
2010 nitrogen dioxide (NO2) and 2010
sulfur dioxide (SO2) national ambient
air quality standards (NAAQS or
‘‘standards’’). We refer to such SIP
submissions as ‘‘infrastructure’’ SIP
submissions because they are intended
to address basic structural SIP
requirements for new or revised
standards including, but not limited to,
legal authority, regulatory structure,
resources, permit programs, monitoring,
and modeling necessary to assure
implementation, maintenance, and
enforcement of the NAAQS. In addition,
the EPA is reclassifying Pima County
from Priority II to Priority III for SO2
emergency episode planning purposes.
The EPA is also approving into the
Arizona SIP sections of an Arizona
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SUMMARY:
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Revised Statute related to air quality
modeling and the submission of
modeling data to the EPA. Finally, the
EPA is clarifying several inconsistencies
between its technical support document
and notice of proposed rulemaking.
DATES: This rule is effective on
September 20, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2015–0472. 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: John
Ungvarsky, Air Planning Office (AIR–2),
EPA Region IX, (415) 972–3963,
ungvarsky.john@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA.
Table of Contents
I. Background
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Section 110(a)(1) of the CAA requires
states to make a SIP submission within
three years after the promulgation of a
new or revised primary NAAQS.
Section 110(a)(2) includes a list of
specific elements that the SIP must
include. Many of the section 110(a)(2)
SIP elements relate to the general
information and authorities that
constitute the ‘‘infrastructure’’ of a
state’s air quality management program.
SIP submittals that address these
requirements are referred to as
‘‘infrastructure SIP submissions’’ or ‘‘I–
SIP submissions.’’ The I–SIP elements
required by section 110(a)(2) are as
follows:
• Section 110(a)(2)(A): Emission
limits and other control measures;
• section 110(a)(2)(B): Ambient air
quality monitoring/data system;
• section 110(a)(2)(C): Program for
enforcement of control measures and
regulation of new and modified
stationary sources (excluding the
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requirements applicable only in
nonattainment areas);
• section 110(a)(2)(D)(i): Interstate
pollution transport;
• section 110(a)(2)(D)(ii): Interstate
and international pollution abatement;
• section 110(a)(2)(E): Adequate
resources and authority, conflict of
interest, and oversight of local and
regional government agencies;
• section 110(a)(2)(F): Stationary
source monitoring and reporting;
• section 110(a)(2)(G): Emergency
episodes;
• section 110(a)(2)(H): SIP revisions;
• section 110(a)(2)(J): Consultation
with government officials, public
notification, prevention of significant
deterioration (PSD), and visibility
protection;
• section 110(a)(2)(K): Air quality
modeling and submittal of modeling
data;
• section 110(a)(2)(L): Permitting fees;
and
• section 110(a)(2)(M): Consultation/
participation by affected local entities.
Two elements identified in section
110(a)(2) are not governed by the threeyear submittal deadline of section
110(a)(1) and are therefore not
addressed in this action. These two
elements are: Section 110(a)(2)(C) to the
extent it refers to nonattainment new
source review (NSR) permit programs
required under part D, and section
110(a)(2)(I), pertaining to the
nonattainment planning requirements of
part D. As a result, this action does not
address SIP requirements for the
nonattainment NSR portion of section
110(a)(2)(C) or of section 110(a)(2)(I).
In 2010, the EPA promulgated revised
NAAQS for NO2 and SO2, triggering a
requirement for states to submit
infrastructure SIP submissions. The
NAAQS addressed by this infrastructure
SIP rulemaking include the following:
• 2010 NO2 NAAQS, which revised
the primary 1971 NO2 annual standard
of 53 parts per billion (ppb) by
supplementing it with a new 1-hour
average NO2 standard of 100 ppb, and
retained the secondary annual standard
of 53 ppb; 1 and
• 2010 SO2 NAAQS, which
established a new 1-hour average SO2
standard of 75 ppb, retained the
secondary 3-hour average SO2 standard
of 500 ppb, and established a
mechanism for revoking the existing
annual and 24-hour SO2 standards.2
1 75 FR 6474 (February 9, 2010). The annual NO
2
standard of 0.053 parts per million (ppm) is listed
in ppb for ease of comparison with the new 1-hour
standard.
2 75 FR 35520 (June 22, 2010). The annual SO
2
standard of 0.5 ppm is listed in ppb for ease of
comparison with the new 1-hour standard.
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On May 16, 2016, the EPA proposed
to partially approve and partially
disapprove the Arizona infrastructure
SIP submissions as meeting the
requirements of sections 110(a)(1) and
110(a)(2) of the Act for the
implementation, maintenance, and
enforcement of the 2010 NO2 and 2010
SO2 standards. In addition, we proposed
to reclassify the Pima Intrastate Air
Quality Control Region (AQCR) for SO2
emergency episode planning. We also
proposed to approve into the Arizona
SIP Arizona Revised Statutes (ARS)
related to air quality modeling and the
submission of modeling data to the
EPA.3 The rationale supporting the
EPA’s actions is explained in our
proposal notice and the associated
technical support document (TSD) and
will not be restated here. The proposed
rule and TSD are available online at
https://www.regulations.gov, Docket ID
number EPA–R09–OAR–2015–0472.
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II. Public Comments
During the public comment period,
the EPA received one brief and
anonymous comment on the proposed
action.
Comment: The commenter states that
the ‘‘EPA cannot approve the PSD
portions of the I–SIPs for both
pollutants for [Arizona Department of
Environmental Quality] and Pinal
County until both programs have fully
approved PM2.5 increment provisions
that do not contain illegal exemptions.’’
Response: On May 4, 2018, we
finalized approval of Arizona
Department of Environmental Quality
(ADEQ) rule revisions to correct
deficiencies in ADEQ’s SIP-approved
NSR program related to the
requirements under part C (PSD) and
part D (nonattainment NSR) of title I of
the Act that apply to major stationary
sources and major modifications of such
sources. 83 FR 19631. Section A of
ADEQ rule R18–2–218, approved into
the SIP as part of our May 4, 2018
action, includes PSD increments for
criteria pollutants, including NO2, SO2,
and PM2.5. Our approval of the PSD
increments for PM2.5 into the Arizona
SIP applied to both ADEQ and Pinal
County. The May 4, 2018 final action
thus resolved the issue identified by the
commenter.
Nonetheless and as explained further
below, we are finalizing a partial
disapproval of a narrow portion of the
PSD program elements of the I–SIP
submissions for the 2010 NO2 and 2010
3 Partial Approval and Partial Disapproval of Air
Quality State Implementation Plans; Arizona;
Infrastructure Requirements for Nitrogen Dioxide
and Sulfur Dioxide. 81 FR 31571 (May 19, 2016).
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SO2 NAAQS for ADEQ and Pinal
County. As explained in the TSD for the
proposal notice, while ADEQ and Pinal
County have SIP-approved PSD
programs that cover most of the
requirements of part C, title I of the Act,
they do not have programs that provide
for regulating the construction and
modification of stationary sources of
greenhouse gases (GHGs). Instead, all of
Arizona is subject to the federal PSD
program at 40 CFR 52.21 for regulation
of stationary sources of GHGs.4 As
explained in our TSD, the EPA’s 2013
I–SIP guidance, and previous EPA
rulemakings on Arizona I–SIP
submissions, if a state does not have a
fully approved PSD program that covers
the requirements for all regulated NSR
pollutants, including GHGs, then the
EPA cannot fully approve an I–SIP
submission with respect to the PSDrelated requirements of 110(a)(2)(C),
110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), and
110(a)(2)(J).5
III. Final Action
Under CAA section 110(k)(3), and
based on the evaluation and rationale
presented in the proposed rule, the
related TSD, and this final rule, the EPA
is approving in part and disapproving in
part Arizona infrastructure SIP
submissions addressing requirements of
CAA section 110(a)(1) and (2), as
applicable, with respect to the 2010 NO2
and 2010 SO2 NAAQS.
In this final action we are also making
several administrative changes to clarify
inconsistencies between our notice of
proposed rulemaking and TSD. In the
May 16, 2016 action we inadvertently
listed several elements under the
Proposed Approvals and Partial
Approvals section of the notice. The
portions of the infrastructure SIP
submissions that the EPA listed under
the Proposed Approvals and Partial
Approvals section of the notice, but
instead should have been listed under
the Proposed Partial Disapprovals
section of the notice, include: Section
110(a)(2)(C) prevention of significant
deterioration (ADEQ and Pinal
County); 6 section 110(a)(2)(D)(i)(II)
4 Technical Support Document, Evaluation of the
Arizona Infrastructure SIP for 2010 SO2 and NO2
NAAQS, April 29, 2016 at 14.
5 Guidance on Infrastructure State
Implementation Plan (SIP) Elements under Clean
Air Act Sections 110(a)(1) and 110(a)(2),
Memorandum from Stephen D. Page, September 13,
2013. See also Partial Approval and Disapproval of
Air Quality Implementation Plans; Arizona;
Infrastructure Requirements for Ozone and Fine
Particulate Matter. 77 FR 66398 (November 5,
2012).
6 CAA section 110(a)(2)(C) consists of three subelements: Program for enforcement of control
measures, major source PSD program, and
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42215
interference with prevention of
significant deterioration, or prong 3
(ADEQ and Pinal County); 7 section
110(a)(2)(D)(ii) interstate pollution
abatement (ADEQ and Pinal County);
and section 110(a)(2)(J) prevention of
significant deterioration (ADEQ and
Pinal County).8 As explained in the
TSD, while ADEQ and Pinal County
have SIP-approved PSD programs that
cover most of the requirements of part
C, title I of the Act, they do not have
programs that provide for regulating the
construction and modification of
stationary sources of GHGs. Instead, all
of Arizona is subject to the federal PSD
program at 40 CFR 52.21 for regulation
of stationary sources of GHGs.9 As
explained in the EPA’s 2013 I–SIP
guidance, if a state does not have a fully
approved PSD program that covers the
requirements for all regulated NSR
pollutants, including GHGs, then the
EPA cannot fully approve the I–SIP
submission for the requirements of
110(a)(2)(C), 110(a)(2)(D)(i)(II),
110(a)(2)(D)(ii), and 110(a)(2)(J).10 Thus,
consistent with the TSD for this action,
past actions on Arizona I–SIP
submissions, and our 2013 I–SIP
guidance, this final action serves to
clarify that the SIP submissions are
partially approved and partially
disapproved for the PSD-related
infrastructure requirements of
110(a)(2)(C), 110(a)(2)(D)(i)(II),
110(a)(2)(D)(ii), and 110(a)(2)(J) with
respect to ADEQ and Pinal County. The
partial disapproval for ADEQ and Pinal
County applies only with respect to the
fact that these air programs do not have
SIP approved rules to regulate sources
of GHG emissions, and instead
implement a federal implementation
plan (FIP) for regulation of sources of
GHGs pursuant to a delegation
agreement with the EPA.
A. Approvals
We are approving the 2010 NO2 and
2010 SO2 Arizona infrastructure SIP
regulation of minor sources and minor
modifications. Only the PSD requirement as
applicable to ADEQ and Pinal County is included
in the administrative clarifications described in this
final action. For additional information on section
110(a)(2)(C) requirements, please see the TSD for
this action.
7 In our notice of proposed rulemaking, we
partially mislabeled prong 3 as ‘‘110(a)(2)(D)(i)(I) (in
part)—interference with maintenance, or prong 3’’.
See 81 FR 31571, 31575, section IV.A (May 16,
2016).
8 See 81 FR 31571, 31575.
9 Technical Support Document, Evaluation of the
Arizona Infrastructure SIP for 2010 SO2 and NO2
NAAQS, April 29, 2016 at 14.
10 Guidance on Infrastructure State
Implementation Plan (SIP) Elements under Clean
Air Act Sections 110(a)(1) and 110(a)(2),
Memorandum from Stephen D. Page, September 13,
2013.
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Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations
submission with respect to the
following CAA requirements for the
jurisdiction and pollutants listed in
parentheses, as applicable:
• Section 110(a)(2)(A)—emission
limits and other control measures (for
all jurisdictions and both pollutants);
• section 110(a)(2)(B)—ambient air
quality monitoring/data system (for all
jurisdictions and both pollutants);
• section 110(a)(2)(C)—program for
enforcement of control measures and
regulation of minor sources and minor
modifications (for all jurisdictions and
both pollutants)
• section 110(a)(2)(D)—interstate
pollution transport;
—section 110(a)(2)(D)(i)(I)—significant
contribution to nonattainment and
interference with maintenance (for the
2010 NO2 NAAQS in all jurisdictions;
—section 110(a)(2)(D)(ii)—international
air pollution in section 115 (for all
jurisdictions and both pollutants);
• section 110(a)(2)(E)—adequate
resources and authority, conflict of
interest, and oversight of local
governments and regional agencies (for
all jurisdictions and both pollutants);
• section 110(a)(2)(F)—stationary
source monitoring and reporting (for all
jurisdictions and both pollutants);
• section 110(a)(2)(G)—emergency
episodes (for all jurisdictions and both
pollutants);
• section 110(a)(2)(H)—SIP revisions
(for all jurisdictions and both
pollutants);
• section 110(a)(2)(J)—consultation
with government officials in section 121
(for all jurisdictions and both
pollutants) and public notification of
exceedances in section 127 (for all
jurisdictions and both pollutants);
• section 110(a)(2)(K)—air quality
modeling and submission of modeling
data (for all jurisdictions and both
pollutants);
• section 110(a)(2)(L)—permitting
fees (for all jurisdictions and both
pollutants); and
• section 110(a)(2)(M)—consultation/
participation by affected local entities
(for all jurisdictions and both
pollutants).
The EPA is taking no action at this
time on section 110(a)(2)(D)(i)(I)—
significant contribution to
nonattainment and interference with
maintenance—for the 2010 SO2
NAAQS.
B. Partial Approvals and Partial
Disapprovals
The EPA is partially approving and
partially disapproving Arizona’s 2010
NO2 and 2010 SO2 infrastructure SIP
submissions with respect to the
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following infrastructure SIP
requirements for the jurisdiction and
pollutants listed in parentheses:
• Section 110(a)(2)(C)—PSD permit
program (for ADEQ and Pinal County
and both pollutants);
• section 110(a)(2)(D)—interstate
pollution transport (see below); and
—section 110(a)(2)(D)(i)(II)—
interference with measures required
to prevent significant deterioration
(for ADEQ and Pinal County and both
pollutants);
—section 110(a)(2)(D)(ii)—interstate
pollution abatement in section 126
(for ADEQ and Pinal County and both
pollutants);
• section 110(a)(2)(J)—PSD permit
program (for ADEQ and Pinal County
and both pollutants);
C. Disapprovals
The EPA is disapproving Arizona’s
2010 NO2 and 2010 SO2 infrastructure
SIP submissions with respect to the
following infrastructure SIP
requirements:
• Section 110(a)(2)(C)—PSD permit
program (for Maricopa County and Pima
County and both pollutants);
• section 110(a)(2)(D)—interstate
pollution transport (see below); and
—section 110(a)(2)(D)(i)(II)—
interference with measures required
to prevent significant deterioration
(for Maricopa County and Pima
County and both pollutants);
—section 110(a)(2)(D)(i)(II)—
interference with measures required
to protect visibility (for all
jurisdictions and both pollutants);
—section 110(a)(2)(D)(ii)—interstate
pollution abatement in section 126
(for Maricopa County and Pima
County and both pollutants);
• section 110(a)(2)(J)—PSD permit
program (for Maricopa County and Pima
County and both pollutants).
D. Consequences of Disapprovals and
Partial Disapprovals
CAA section 110(c)(1) provides that
the EPA must promulgate a FIP within
two years after finding that a state has
failed to make a required submission or
disapproving a state’s SIP submission in
whole or in part, unless the EPA
approves a SIP revision correcting the
deficiencies within that two-year
period. As explained below and in the
TSD for this action, today’s final
disapproval and final partial approval
and partial disapproval actions do not
result in any new FIP obligations
because FIPs are already in place for the
deficient portions of Arizona’s I–SIP
submissions for the 2010 SO2 and 2010
NO2 NAAQS.
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We are disapproving the Pima County
and Maricopa County portions of
Arizona’s infrastructure SIP
submissions, and partially approving
and partially disapproving the ADEQ
and Pinal County portions of Arizona’s
infrastructure SIP submissions, with
respect to the PSD-related requirements
of sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), and
110(a)(2)(J). The Arizona SIP does not
fully satisfy the statutory and regulatory
requirements for PSD permit programs
under part C, title I of the Act, because
Maricopa County and Pima County do
not have SIP-approved PSD programs,
while ADEQ and Pinal County do not
have SIP-approved PSD programs that
cover GHGs. Maricopa County and Pima
County currently implement the federal
PSD program in 40 CFR 52.21 for all
regulated NSR pollutants, pursuant to
delegation agreements with the EPA,
while ADEQ and Pinal County
implement 40 CFR 52.21 for GHGs
pursuant to delegation agreements with
the EPA. Accordingly, although the
Arizona SIP remains deficient with
respect to certain PSD requirements in
the ADEQ, Pinal County, Maricopa
County, and Pima County portions of
the SIP, these deficiencies are
adequately addressed in all areas by the
federal PSD program in 40 CFR 52.21
and do not create new FIP obligations.
We are also disapproving all
jurisdictions in Arizona for the
visibility-related requirements of section
110(a)(2)(D)(i)(II). Because ADEQ, Pinal
County, Maricopa County, and Pima
County rely on an existing FIP to control
sources under the Regional Haze Rule,
and they have not demonstrated that
emissions within their respective
jurisdictions do not interfere with other
states’ programs to protect visibility,
they do not meet the infrastructure SIP
obligations for the visibility
requirements of section
110(a)(2)(D)(i)(II) for the 2010 NO2 and
2010 SO2 NAAQS. Because a Regional
Haze FIP is already in place, however,
this disapproval creates no new FIP
obligations.
E. Approval of Arizona Revised Statutes
Into the Arizona SIP
The EPA is approving ARS sections
49–104(A)(3) and (B)(1) into the Arizona
SIP in order to meet the air quality
modeling and data submission
requirements of 110(a)(2)(K) for the
2010 NO2 and 2010 SO2 NAAQS, as
well as for past and future NAAQS.
Approval of ARS 49–104(A)(3) and
(B)(1) into the SIP also corrects
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deficiencies identified in previous
infrastructure SIP rulemakings.11
F. Reclassification for Emergency
Episode Planning
Based on Arizona’s 2013–2017 air
quality data for Pima County, we are
reclassifying this region from Priority II
to Priority III for SO2.12 The
reclassification to Priority III relieves
Pima County from having to address the
emergency episode contingency plan
requirement to meet the infrastructure
SIP requirements of section 110(a)(2)(G)
for the 2010 SO2 NAAQS.13
Accordingly, and as noted above, the
EPA is approving the infrastructure SIP
submission for Pima County with
respect to this requirement.
IV. 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
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11 On
November 5, 2012, the EPA disapproved the
CAA 110(a)(2)(K) I–SIP element with respect to
ADEQ’s submittals for the 1997 8-hour ozone and
1997 and 2006 PM2.5 NAAQS (77 FR 66398). On
July 14, 2015, the EPA again disapproved this I–SIP
element for the 2008 lead and 2008 ozone NAAQS
(80 FR 40906). The EPA disapproved those
submissions because ADEQ, Pima, Pinal, and
Maricopa Counties did not submit adequate
provisions or narrative information related to the
110(a)(2)(K) requirements. The EPA’s approval of
ARS sections 49–104(A)(3) and (B)(1) into the
Arizona SIP corrects previous disapprovals found at
77 FR 66398 and 80 FR 40906.
12 The EPA’s May 2016 proposal to reclassify the
Pima Intrastate AQCR to Priority III for SO2 was
based on 2013–2015 data in the EPA’s Air Quality
System (AQS). The 2015–2017 data in AQS and
preliminary 2018 data show Pima AQCR continues
to meet the requirements for reclassification to
Priority III for emergency episode planning. The
boundaries of the Pima Intrastate AQCR are
described in 40 CFR 81.269. The AQS data for
2013–2017 are available in the docket for today’s
rulemaking.
13 Consistent with the provisions of 40 CFR
51.153, reclassification of an AQCR must rely on
the most recent three years of air quality data. The
classification system for emergency episode plans is
described in 40 CFR 51.150. See 81 FR 18766 at
18770, further describing the EPA’s authority for a
reclassification of an AQCR. Regions classified
Priority I, IA, or II are required to have SIPapproved emergency episode contingency plans,
while those classified Priority III are not required
to have emergency episode contingency plans.
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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
42217
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.
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.
K. Congressional Review Act (CRA)
F. Executive Order 13175: Coordination
With Indian Tribal Governments
L. Petitions for Judicial Review
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.
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This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 22, 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 section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Reporting and
recordkeeping requirements, and Sulfur
dioxide.
Dated: July 31, 2018.
Michael Stoker,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
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Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
2. Section 52.120 paragraph (e) is
amended by:
■ a. In Table 1, adding three entries after
the entry ‘‘Arizona State
Implementation Plan Revision under
Clean Air Act Section 110(a)(1) and (2);
2008 8-hour Ozone NAAQS, excluding
the appendices’’; and
■
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
b. In Table 3 by adding an entry for
‘‘49–104, subsections (A)(3) and (B)(1)
only’’ after the entry for ‘‘49–104,
subsections (A)(2), (A)(4), (B)(3), and
(B)(5) only’’.
The additions read as follows:
■
Subpart D—Arizona
§ 52.120
*
Identification of plan.
*
*
(e) * * *
*
*
TABLE 1—EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MEASURES
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] 1
Applicable
geographic or
nonattainment
area or title/
subject
Name of SIP provision
State submittal date
EPA approval date
Explanation
The State of Arizona Air Pollution Control Implementation Plan
Clean Air Act Section 110(a)(2) State Implementation Elements (Excluding Part D Elements and Plans
*
*
*
Arizona State Implementation Plan Revision
under Clean Air Act Section 110(a)(1) and
(2); Implementation of the 2010 NO2 National Ambient Air Quality Standards, excluding the appendices.
Arizona State Implementation Plan Revision
under Clean Air Act Section 110(a)(1) and
(2); Implementation of the 2010 SO2 National Ambient Air Quality Standards, excluding the appendices.
Arizona State Implementation Plan Revision
under Clean Air Act Section 110(a)(1) and
(2); Implementation of the 2008 ozone and
2010 NO2 National Ambient Air Quality
Standards, excluding:
(i) The submission in Enclosure 1 titled
‘‘SIP Revision: Clean Air Act Section
110(a)(2)(D) 2008 Ozone National Ambient Air Quality Standards Air Quality
Division’’ dated December 3, 2015;
(ii) All appendices in Enclosure 1; and
Enclosure 2.
*
*
*
*
*
State-wide ....
January 18, 2013 .......
August 21, 2018, [INSERT
Federal Register CITATION].
Adopted by the Arizona
Department of Environmental Quality on January 18, 2013.
State-wide ....
July 23, 2013 .............
August 21, 2018, [INSERT
Federal Register CITATION].
Adopted by the Arizona
Department of Environmental Quality on July
23, 2013.
State-wide ....
December 3, 2015 .....
August 21, 2018, [INSERT
Federal Register CITATION].
Adopted by the Arizona
Department of Environmental Quality on December 3, 2015.
*
*
*
*
*
*
1 Table
1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and
Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas.
*
*
*
*
*
TABLE 3—EPA-APPROVED ARIZONA STATUTES—NON-REGULATORY
State citation
Title/subject
State submittal date
EPA approval date
Explanation
sradovich on DSK3GMQ082PROD with RULES
ARIZONA REVISED STATUTES
*
*
*
*
*
*
Title 49 (The Environment)
Chapter 1 (General Provisions)
Article 1 (Department of Environmental Quality)
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Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations
TABLE 3—EPA-APPROVED ARIZONA STATUTES—NON-REGULATORY—Continued
State citation
Title/subject
*
*
49–104 subsections (A)(3)
and (B)(1) only.
*
State submittal date
*
*
Powers and duties of the
department and director.
*
3. Section 52.121 is revised to read as
follows:
*
December 3, 2015 ............
*
■
EPA approval date
*
August 21, 2018, [INSERT
Federal Register CITATION].
*
§ 52.121
Explanation
*
*
Arizona Revised Statutes
(Thomson Reuters,
2015–16 Cumulative
Pocket Part). Adopted
by the Arizona Department of Environmental
Quality on December 3,
2015.
*
*
Classification of regions.
The Arizona plan is evaluated on the
basis of the following classifications:
Classifications
AQCR (constituent counties)
PM
Maricopa Intrastate (Maricopa) ................................................................
Pima Intrastate (Pima) .............................................................................
Northern Arizona Intrastate (Apache, Coconino, Navajo, Yavapai) ........
Mohave-Yuma Intrastate (Mohave, Yuma) ..............................................
Central Arizona Intrastate (Gila, Pinal) ....................................................
Southeast Arizona Intrastate (Cochise, Graham, Greenlee, Santa
Cruz) .....................................................................................................
4. Section 52.123 is amended by
revising paragraphs (l) through (p), and
adding paragraphs (q) and (r) to read as
follows:
■
§ 52.123
Approval status.
sradovich on DSK3GMQ082PROD with RULES
*
*
*
*
*
(l) 1997 8-hour ozone NAAQS: The
SIPs submitted on October 14, 2009 and
August 24, 2012 are fully or partially
disapproved for Clean Air Act (CAA)
elements 110(a)(2)(C), (D)(ii), and (J) for
all portions of the Arizona SIP.
(m) 1997 PM2.5 NAAQS: The SIPs
submitted on October 14, 2009 and
August 24, 2012 are fully or partially
disapproved for Clean Air Act (CAA)
elements 110(a)(2)(C), (D)(ii), (J) and (K)
for all portions of the Arizona SIP.
(n) 2006 PM2.5 NAAQS: The SIPs
submitted on October 14, 2009 and
August 24, 2012 are fully or partially
disapproved for Clean Air Act (CAA)
elements 110(a)(2)(C), (D)(i)(II), (D)(ii),
and (J) for all portions of the Arizona
SIP.
(o) 2008 8-hour ozone NAAQS: The
SIPs submitted on October 14, 2011,
December 27, 2012, and December 3,
2015 are fully or partially disapproved
for Clean Air Act (CAA) elements
110(a)(2)(C), (D)(i)(II), D(ii), and (J) for
all portions of the Arizona SIP.
(p) 2008 Lead (Pb) NAAQS: The SIPs
submitted on October 14, 2011 and
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NO2
CO
O3
I
I
I
I
I
III
III
III
III
IA
III
III
III
III
III
I
III
III
III
III
I
I
III
III
III
I
IA
III
III
III
December 27, 2012 are fully or partially
disapproved for Clean Air Act (CAA)
elements 110(a)(2)(C), (D)(ii), and (J) for
all portions of the Arizona SIP.
(q) 2010 Nitrogen Dioxide NAAQS:
The SIPs submitted on January 18, 2013
and December 3, 2015 are fully or
partially disapproved for CAA elements
110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for
all portions of the Arizona SIP.
(r) 2010 Sulfur Dioxide NAAQS: The
SIPs submitted on July 23, 2013 and
December 3, 2015 are fully or partially
disapproved for CAA elements
110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for
all portions of the Arizona SIP.
[FR Doc. 2018–17931 Filed 8–20–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2017–0601; FRL–9982–
32—Region 3]
Air Plan Approval; Virginia; Regional
Haze Plan and Visibility for the 2010
Sulfur Dioxide and 2012 Fine
Particulate Matter Standards
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Final rule.
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Commonwealth of
Virginia (the Commonwealth or
Virginia) on July 16, 2015. This SIP
submittal changes Virginia’s reliance on
the Clean Air Interstate Rule (CAIR) to
reliance on the Cross-State Air Pollution
Rule (CSAPR) for certain elements of
Virginia’s regional haze program. EPA is
approving the visibility portion of
Virginia’s infrastructure SIP submittals
for the 2010 sulfur dioxide (SO2) and
2012 fine particulate matter (PM2.5)
national ambient air quality standards
(NAAQS) and approving element (J) for
visibility of Virginia’s infrastructure SIP
submittal for the 2010 SO2 NAAQS.
EPA is also converting the Agency’s
prior limited approval/limited
disapproval of Virginia’s regional haze
program to a full approval and
withdrawing the federal implementation
plan (FIP) provisions addressing our
prior limited disapproval. This action is
being taken under the Clean Air Act
(CAA).
SUMMARY:
This final rule is effective on
September 20, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
DATES:
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]]>Agencies
[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Rules and Regulations]
[Pages 42214-42219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17931]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2015-0472; FRL-9982-23--Region 9]
Partial Approval and Partial Disapproval of Air Quality State
Implementation Plans; Arizona; Infrastructure Requirements for Nitrogen
Dioxide and Sulfur Dioxide
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is partially
approving and partially disapproving several state implementation plan
(SIP) submissions from the State of Arizona pursuant to the
requirements of section 110(a)(1) and 110(a)(2) of the Clean Air Act
(CAA or ``the Act'') for the implementation, maintenance, and
enforcement of the 2010 nitrogen dioxide (NO2) and 2010
sulfur dioxide (SO2) national ambient air quality standards
(NAAQS or ``standards''). We refer to such SIP submissions as
``infrastructure'' SIP submissions because they are intended to address
basic structural SIP requirements for new or revised standards
including, but not limited to, legal authority, regulatory structure,
resources, permit programs, monitoring, and modeling necessary to
assure implementation, maintenance, and enforcement of the NAAQS. In
addition, the EPA is reclassifying Pima County from Priority II to
Priority III for SO2 emergency episode planning purposes.
The EPA is also approving into the Arizona SIP sections of an Arizona
Revised Statute related to air quality modeling and the submission of
modeling data to the EPA. Finally, the EPA is clarifying several
inconsistencies between its technical support document and notice of
proposed rulemaking.
DATES: This rule is effective on September 20, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2015-0472. 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: John Ungvarsky, Air Planning Office
(AIR-2), EPA Region IX, (415) 972-3963, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to the EPA.
Table of Contents
I. Background
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Section 110(a)(1) of the CAA requires states to make a SIP
submission within three years after the promulgation of a new or
revised primary NAAQS. Section 110(a)(2) includes a list of specific
elements that the SIP must include. Many of the section 110(a)(2) SIP
elements relate to the general information and authorities that
constitute the ``infrastructure'' of a state's air quality management
program. SIP submittals that address these requirements are referred to
as ``infrastructure SIP submissions'' or ``I-SIP submissions.'' The I-
SIP elements required by section 110(a)(2) are as follows:
Section 110(a)(2)(A): Emission limits and other control
measures;
section 110(a)(2)(B): Ambient air quality monitoring/data
system;
section 110(a)(2)(C): Program for enforcement of control
measures and regulation of new and modified stationary sources
(excluding the requirements applicable only in nonattainment areas);
section 110(a)(2)(D)(i): Interstate pollution transport;
section 110(a)(2)(D)(ii): Interstate and international
pollution abatement;
section 110(a)(2)(E): Adequate resources and authority,
conflict of interest, and oversight of local and regional government
agencies;
section 110(a)(2)(F): Stationary source monitoring and
reporting;
section 110(a)(2)(G): Emergency episodes;
section 110(a)(2)(H): SIP revisions;
section 110(a)(2)(J): Consultation with government
officials, public notification, prevention of significant deterioration
(PSD), and visibility protection;
section 110(a)(2)(K): Air quality modeling and submittal
of modeling data;
section 110(a)(2)(L): Permitting fees; and
section 110(a)(2)(M): Consultation/participation by
affected local entities.
Two elements identified in section 110(a)(2) are not governed by
the three-year submittal deadline of section 110(a)(1) and are
therefore not addressed in this action. These two elements are: Section
110(a)(2)(C) to the extent it refers to nonattainment new source review
(NSR) permit programs required under part D, and section 110(a)(2)(I),
pertaining to the nonattainment planning requirements of part D. As a
result, this action does not address SIP requirements for the
nonattainment NSR portion of section 110(a)(2)(C) or of section
110(a)(2)(I).
In 2010, the EPA promulgated revised NAAQS for NO2 and
SO2, triggering a requirement for states to submit
infrastructure SIP submissions. The NAAQS addressed by this
infrastructure SIP rulemaking include the following:
2010 NO2 NAAQS, which revised the primary 1971
NO2 annual standard of 53 parts per billion (ppb) by
supplementing it with a new 1-hour average NO2 standard of
100 ppb, and retained the secondary annual standard of 53 ppb; \1\ and
---------------------------------------------------------------------------
\1\ 75 FR 6474 (February 9, 2010). The annual NO2
standard of 0.053 parts per million (ppm) is listed in ppb for ease
of comparison with the new 1-hour standard.
---------------------------------------------------------------------------
2010 SO2 NAAQS, which established a new 1-hour
average SO2 standard of 75 ppb, retained the secondary 3-
hour average SO2 standard of 500 ppb, and established a
mechanism for revoking the existing annual and 24-hour SO2
standards.\2\
---------------------------------------------------------------------------
\2\ 75 FR 35520 (June 22, 2010). The annual SO2
standard of 0.5 ppm is listed in ppb for ease of comparison with the
new 1-hour standard.
---------------------------------------------------------------------------
[[Page 42215]]
On May 16, 2016, the EPA proposed to partially approve and
partially disapprove the Arizona infrastructure SIP submissions as
meeting the requirements of sections 110(a)(1) and 110(a)(2) of the Act
for the implementation, maintenance, and enforcement of the 2010
NO2 and 2010 SO2 standards. In addition, we
proposed to reclassify the Pima Intrastate Air Quality Control Region
(AQCR) for SO2 emergency episode planning. We also proposed
to approve into the Arizona SIP Arizona Revised Statutes (ARS) related
to air quality modeling and the submission of modeling data to the
EPA.\3\ The rationale supporting the EPA's actions is explained in our
proposal notice and the associated technical support document (TSD) and
will not be restated here. The proposed rule and TSD are available
online at https://www.regulations.gov, Docket ID number EPA-R09-OAR-
2015-0472.
---------------------------------------------------------------------------
\3\ Partial Approval and Partial Disapproval of Air Quality
State Implementation Plans; Arizona; Infrastructure Requirements for
Nitrogen Dioxide and Sulfur Dioxide. 81 FR 31571 (May 19, 2016).
---------------------------------------------------------------------------
II. Public Comments
During the public comment period, the EPA received one brief and
anonymous comment on the proposed action.
Comment: The commenter states that the ``EPA cannot approve the PSD
portions of the I-SIPs for both pollutants for [Arizona Department of
Environmental Quality] and Pinal County until both programs have fully
approved PM2.5 increment provisions that do not contain
illegal exemptions.''
Response: On May 4, 2018, we finalized approval of Arizona
Department of Environmental Quality (ADEQ) rule revisions to correct
deficiencies in ADEQ's SIP-approved NSR program related to the
requirements under part C (PSD) and part D (nonattainment NSR) of title
I of the Act that apply to major stationary sources and major
modifications of such sources. 83 FR 19631. Section A of ADEQ rule R18-
2-218, approved into the SIP as part of our May 4, 2018 action,
includes PSD increments for criteria pollutants, including
NO2, SO2, and PM2.5. Our approval of
the PSD increments for PM2.5 into the Arizona SIP applied to
both ADEQ and Pinal County. The May 4, 2018 final action thus resolved
the issue identified by the commenter.
Nonetheless and as explained further below, we are finalizing a
partial disapproval of a narrow portion of the PSD program elements of
the I-SIP submissions for the 2010 NO2 and 2010
SO2 NAAQS for ADEQ and Pinal County. As explained in the TSD
for the proposal notice, while ADEQ and Pinal County have SIP-approved
PSD programs that cover most of the requirements of part C, title I of
the Act, they do not have programs that provide for regulating the
construction and modification of stationary sources of greenhouse gases
(GHGs). Instead, all of Arizona is subject to the federal PSD program
at 40 CFR 52.21 for regulation of stationary sources of GHGs.\4\ As
explained in our TSD, the EPA's 2013 I-SIP guidance, and previous EPA
rulemakings on Arizona I-SIP submissions, if a state does not have a
fully approved PSD program that covers the requirements for all
regulated NSR pollutants, including GHGs, then the EPA cannot fully
approve an I-SIP submission with respect to the PSD-related
requirements of 110(a)(2)(C), 110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii),
and 110(a)(2)(J).\5\
---------------------------------------------------------------------------
\4\ Technical Support Document, Evaluation of the Arizona
Infrastructure SIP for 2010 SO2 and NO2 NAAQS,
April 29, 2016 at 14.
\5\ Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2),
Memorandum from Stephen D. Page, September 13, 2013. See also
Partial Approval and Disapproval of Air Quality Implementation
Plans; Arizona; Infrastructure Requirements for Ozone and Fine
Particulate Matter. 77 FR 66398 (November 5, 2012).
---------------------------------------------------------------------------
III. Final Action
Under CAA section 110(k)(3), and based on the evaluation and
rationale presented in the proposed rule, the related TSD, and this
final rule, the EPA is approving in part and disapproving in part
Arizona infrastructure SIP submissions addressing requirements of CAA
section 110(a)(1) and (2), as applicable, with respect to the 2010
NO2 and 2010 SO2 NAAQS.
In this final action we are also making several administrative
changes to clarify inconsistencies between our notice of proposed
rulemaking and TSD. In the May 16, 2016 action we inadvertently listed
several elements under the Proposed Approvals and Partial Approvals
section of the notice. The portions of the infrastructure SIP
submissions that the EPA listed under the Proposed Approvals and
Partial Approvals section of the notice, but instead should have been
listed under the Proposed Partial Disapprovals section of the notice,
include: Section 110(a)(2)(C) prevention of significant deterioration
(ADEQ and Pinal County); \6\ section 110(a)(2)(D)(i)(II) interference
with prevention of significant deterioration, or prong 3 (ADEQ and
Pinal County); \7\ section 110(a)(2)(D)(ii) interstate pollution
abatement (ADEQ and Pinal County); and section 110(a)(2)(J) prevention
of significant deterioration (ADEQ and Pinal County).\8\ As explained
in the TSD, while ADEQ and Pinal County have SIP-approved PSD programs
that cover most of the requirements of part C, title I of the Act, they
do not have programs that provide for regulating the construction and
modification of stationary sources of GHGs. Instead, all of Arizona is
subject to the federal PSD program at 40 CFR 52.21 for regulation of
stationary sources of GHGs.\9\ As explained in the EPA's 2013 I-SIP
guidance, if a state does not have a fully approved PSD program that
covers the requirements for all regulated NSR pollutants, including
GHGs, then the EPA cannot fully approve the I-SIP submission for the
requirements of 110(a)(2)(C), 110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii),
and 110(a)(2)(J).\10\ Thus, consistent with the TSD for this action,
past actions on Arizona I-SIP submissions, and our 2013 I-SIP guidance,
this final action serves to clarify that the SIP submissions are
partially approved and partially disapproved for the PSD-related
infrastructure requirements of 110(a)(2)(C), 110(a)(2)(D)(i)(II),
110(a)(2)(D)(ii), and 110(a)(2)(J) with respect to ADEQ and Pinal
County. The partial disapproval for ADEQ and Pinal County applies only
with respect to the fact that these air programs do not have SIP
approved rules to regulate sources of GHG emissions, and instead
implement a federal implementation plan (FIP) for regulation of sources
of GHGs pursuant to a delegation agreement with the EPA.
---------------------------------------------------------------------------
\6\ CAA section 110(a)(2)(C) consists of three sub-elements:
Program for enforcement of control measures, major source PSD
program, and regulation of minor sources and minor modifications.
Only the PSD requirement as applicable to ADEQ and Pinal County is
included in the administrative clarifications described in this
final action. For additional information on section 110(a)(2)(C)
requirements, please see the TSD for this action.
\7\ In our notice of proposed rulemaking, we partially
mislabeled prong 3 as ``110(a)(2)(D)(i)(I) (in part)--interference
with maintenance, or prong 3''. See 81 FR 31571, 31575, section IV.A
(May 16, 2016).
\8\ See 81 FR 31571, 31575.
\9\ Technical Support Document, Evaluation of the Arizona
Infrastructure SIP for 2010 SO2 and NO2 NAAQS,
April 29, 2016 at 14.
\10\ Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2),
Memorandum from Stephen D. Page, September 13, 2013.
---------------------------------------------------------------------------
A. Approvals
We are approving the 2010 NO2 and 2010 SO2
Arizona infrastructure SIP
[[Page 42216]]
submission with respect to the following CAA requirements for the
jurisdiction and pollutants listed in parentheses, as applicable:
Section 110(a)(2)(A)--emission limits and other control
measures (for all jurisdictions and both pollutants);
section 110(a)(2)(B)--ambient air quality monitoring/data
system (for all jurisdictions and both pollutants);
section 110(a)(2)(C)--program for enforcement of control
measures and regulation of minor sources and minor modifications (for
all jurisdictions and both pollutants)
section 110(a)(2)(D)--interstate pollution transport;
--section 110(a)(2)(D)(i)(I)--significant contribution to nonattainment
and interference with maintenance (for the 2010 NO2 NAAQS in
all jurisdictions;
--section 110(a)(2)(D)(ii)--international air pollution in section 115
(for all jurisdictions and both pollutants);
section 110(a)(2)(E)--adequate resources and authority,
conflict of interest, and oversight of local governments and regional
agencies (for all jurisdictions and both pollutants);
section 110(a)(2)(F)--stationary source monitoring and
reporting (for all jurisdictions and both pollutants);
section 110(a)(2)(G)--emergency episodes (for all
jurisdictions and both pollutants);
section 110(a)(2)(H)--SIP revisions (for all jurisdictions
and both pollutants);
section 110(a)(2)(J)--consultation with government
officials in section 121 (for all jurisdictions and both pollutants)
and public notification of exceedances in section 127 (for all
jurisdictions and both pollutants);
section 110(a)(2)(K)--air quality modeling and submission
of modeling data (for all jurisdictions and both pollutants);
section 110(a)(2)(L)--permitting fees (for all
jurisdictions and both pollutants); and
section 110(a)(2)(M)--consultation/participation by
affected local entities (for all jurisdictions and both pollutants).
The EPA is taking no action at this time on section
110(a)(2)(D)(i)(I)--significant contribution to nonattainment and
interference with maintenance--for the 2010 SO2 NAAQS.
B. Partial Approvals and Partial Disapprovals
The EPA is partially approving and partially disapproving Arizona's
2010 NO2 and 2010 SO2 infrastructure SIP
submissions with respect to the following infrastructure SIP
requirements for the jurisdiction and pollutants listed in parentheses:
Section 110(a)(2)(C)--PSD permit program (for ADEQ and
Pinal County and both pollutants);
section 110(a)(2)(D)--interstate pollution transport (see
below); and
--section 110(a)(2)(D)(i)(II)--interference with measures required to
prevent significant deterioration (for ADEQ and Pinal County and both
pollutants);
--section 110(a)(2)(D)(ii)--interstate pollution abatement in section
126 (for ADEQ and Pinal County and both pollutants);
section 110(a)(2)(J)--PSD permit program (for ADEQ and
Pinal County and both pollutants);
C. Disapprovals
The EPA is disapproving Arizona's 2010 NO2 and 2010
SO2 infrastructure SIP submissions with respect to the
following infrastructure SIP requirements:
Section 110(a)(2)(C)--PSD permit program (for Maricopa
County and Pima County and both pollutants);
section 110(a)(2)(D)--interstate pollution transport (see
below); and
--section 110(a)(2)(D)(i)(II)--interference with measures required to
prevent significant deterioration (for Maricopa County and Pima County
and both pollutants);
--section 110(a)(2)(D)(i)(II)--interference with measures required to
protect visibility (for all jurisdictions and both pollutants);
--section 110(a)(2)(D)(ii)--interstate pollution abatement in section
126 (for Maricopa County and Pima County and both pollutants);
section 110(a)(2)(J)--PSD permit program (for Maricopa
County and Pima County and both pollutants).
D. Consequences of Disapprovals and Partial Disapprovals
CAA section 110(c)(1) provides that the EPA must promulgate a FIP
within two years after finding that a state has failed to make a
required submission or disapproving a state's SIP submission in whole
or in part, unless the EPA approves a SIP revision correcting the
deficiencies within that two-year period. As explained below and in the
TSD for this action, today's final disapproval and final partial
approval and partial disapproval actions do not result in any new FIP
obligations because FIPs are already in place for the deficient
portions of Arizona's I-SIP submissions for the 2010 SO2 and
2010 NO2 NAAQS.
We are disapproving the Pima County and Maricopa County portions of
Arizona's infrastructure SIP submissions, and partially approving and
partially disapproving the ADEQ and Pinal County portions of Arizona's
infrastructure SIP submissions, with respect to the PSD-related
requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II),
110(a)(2)(D)(ii), and 110(a)(2)(J). The Arizona SIP does not fully
satisfy the statutory and regulatory requirements for PSD permit
programs under part C, title I of the Act, because Maricopa County and
Pima County do not have SIP-approved PSD programs, while ADEQ and Pinal
County do not have SIP-approved PSD programs that cover GHGs. Maricopa
County and Pima County currently implement the federal PSD program in
40 CFR 52.21 for all regulated NSR pollutants, pursuant to delegation
agreements with the EPA, while ADEQ and Pinal County implement 40 CFR
52.21 for GHGs pursuant to delegation agreements with the EPA.
Accordingly, although the Arizona SIP remains deficient with respect to
certain PSD requirements in the ADEQ, Pinal County, Maricopa County,
and Pima County portions of the SIP, these deficiencies are adequately
addressed in all areas by the federal PSD program in 40 CFR 52.21 and
do not create new FIP obligations.
We are also disapproving all jurisdictions in Arizona for the
visibility-related requirements of section 110(a)(2)(D)(i)(II). Because
ADEQ, Pinal County, Maricopa County, and Pima County rely on an
existing FIP to control sources under the Regional Haze Rule, and they
have not demonstrated that emissions within their respective
jurisdictions do not interfere with other states' programs to protect
visibility, they do not meet the infrastructure SIP obligations for the
visibility requirements of section 110(a)(2)(D)(i)(II) for the 2010
NO2 and 2010 SO2 NAAQS. Because a Regional Haze
FIP is already in place, however, this disapproval creates no new FIP
obligations.
E. Approval of Arizona Revised Statutes Into the Arizona SIP
The EPA is approving ARS sections 49-104(A)(3) and (B)(1) into the
Arizona SIP in order to meet the air quality modeling and data
submission requirements of 110(a)(2)(K) for the 2010 NO2 and
2010 SO2 NAAQS, as well as for past and future NAAQS.
Approval of ARS 49-104(A)(3) and (B)(1) into the SIP also corrects
[[Page 42217]]
deficiencies identified in previous infrastructure SIP rulemakings.\11\
---------------------------------------------------------------------------
\11\ On November 5, 2012, the EPA disapproved the CAA
110(a)(2)(K) I-SIP element with respect to ADEQ's submittals for the
1997 8-hour ozone and 1997 and 2006 PM2.5 NAAQS (77 FR
66398). On July 14, 2015, the EPA again disapproved this I-SIP
element for the 2008 lead and 2008 ozone NAAQS (80 FR 40906). The
EPA disapproved those submissions because ADEQ, Pima, Pinal, and
Maricopa Counties did not submit adequate provisions or narrative
information related to the 110(a)(2)(K) requirements. The EPA's
approval of ARS sections 49-104(A)(3) and (B)(1) into the Arizona
SIP corrects previous disapprovals found at 77 FR 66398 and 80 FR
40906.
---------------------------------------------------------------------------
F. Reclassification for Emergency Episode Planning
Based on Arizona's 2013-2017 air quality data for Pima County, we
are reclassifying this region from Priority II to Priority III for
SO2.\12\ The reclassification to Priority III relieves Pima
County from having to address the emergency episode contingency plan
requirement to meet the infrastructure SIP requirements of section
110(a)(2)(G) for the 2010 SO2 NAAQS.\13\ Accordingly, and as
noted above, the EPA is approving the infrastructure SIP submission for
Pima County with respect to this requirement.
---------------------------------------------------------------------------
\12\ The EPA's May 2016 proposal to reclassify the Pima
Intrastate AQCR to Priority III for SO2 was based on
2013-2015 data in the EPA's Air Quality System (AQS). The 2015-2017
data in AQS and preliminary 2018 data show Pima AQCR continues to
meet the requirements for reclassification to Priority III for
emergency episode planning. The boundaries of the Pima Intrastate
AQCR are described in 40 CFR 81.269. The AQS data for 2013-2017 are
available in the docket for today's rulemaking.
\13\ Consistent with the provisions of 40 CFR 51.153,
reclassification of an AQCR must rely on the most recent three years
of air quality data. The classification system for emergency episode
plans is described in 40 CFR 51.150. See 81 FR 18766 at 18770,
further describing the EPA's authority for a reclassification of an
AQCR. Regions classified Priority I, IA, or II are required to have
SIP-approved emergency episode contingency plans, while those
classified Priority III are not required to have emergency episode
contingency plans.
---------------------------------------------------------------------------
IV. 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.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
L. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 22, 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 section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Reporting and
recordkeeping requirements, and Sulfur dioxide.
Dated: July 31, 2018.
Michael Stoker,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
[[Page 42218]]
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart D--Arizona
0
2. Section 52.120 paragraph (e) is amended by:
0
a. In Table 1, adding three entries after the entry ``Arizona State
Implementation Plan Revision under Clean Air Act Section 110(a)(1) and
(2); 2008 8-hour Ozone NAAQS, excluding the appendices''; and
0
b. In Table 3 by adding an entry for ``49-104, subsections (A)(3) and
(B)(1) only'' after the entry for ``49-104, subsections (A)(2), (A)(4),
(B)(3), and (B)(5) only''.
The additions read as follows:
Sec. 52.120 Identification of plan.
* * * * *
(e) * * *
Table 1--EPA-Approved Non-Regulatory and Quasi-Regulatory Measures
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Applicable
geographic or State submittal
Name of SIP provision nonattainment area date EPA approval date Explanation
or title/subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
The State of Arizona Air Pollution Control Implementation Plan
--------------------------------------------------------------------------------------------------------------------------------------------------------
Clean Air Act Section 110(a)(2) State Implementation Elements (Excluding Part D Elements and Plans
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona State Implementation Plan State-wide.......... January 18, 2013... August 21, 2018, [INSERT Federal Adopted by the Arizona Department of
Revision under Clean Air Act Register CITATION]. Environmental Quality on January
Section 110(a)(1) and (2); 18, 2013.
Implementation of the 2010 NO2
National Ambient Air Quality
Standards, excluding the
appendices.
Arizona State Implementation Plan State-wide.......... July 23, 2013...... August 21, 2018, [INSERT Federal Adopted by the Arizona Department of
Revision under Clean Air Act Register CITATION]. Environmental Quality on July 23,
Section 110(a)(1) and (2); 2013.
Implementation of the 2010 SO2
National Ambient Air Quality
Standards, excluding the
appendices.
Arizona State Implementation Plan State-wide.......... December 3, 2015... August 21, 2018, [INSERT Federal Adopted by the Arizona Department of
Revision under Clean Air Act Register CITATION]. Environmental Quality on December
Section 110(a)(1) and (2); 3, 2015.
Implementation of the 2008 ozone
and 2010 NO2 National Ambient
Air Quality Standards,
excluding:
(i) The submission in
Enclosure 1 titled ``SIP
Revision: Clean Air Act
Section 110(a)(2)(D) 2008
Ozone National Ambient Air
Quality Standards Air
Quality Division'' dated
December 3, 2015;
(ii) All appendices in
Enclosure 1; and Enclosure
2.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and Plans), Part
D Elements and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson
Areas.
* * * * *
Table 3--EPA-Approved Arizona Statutes--Non-Regulatory
--------------------------------------------------------------------------------------------------------------------------------------------------------
State submittal
State citation Title/subject date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
ARIZONA REVISED STATUTES
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Title 49 (The Environment)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 1 (General Provisions)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Article 1 (Department of Environmental Quality)
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 42219]]
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
49-104 subsections (A)(3) and Powers and duties of December 3, 2015... August 21, 2018, [INSERT Federal Arizona Revised Statutes (Thomson
(B)(1) only. the department and Register CITATION]. Reuters, 2015-16 Cumulative Pocket
director. Part). Adopted by the Arizona
Department of Environmental Quality
on December 3, 2015.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
0
3. Section 52.121 is revised to read as follows:
Sec. 52.121 Classification of regions.
The Arizona plan is evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Classifications
AQCR (constituent counties) ---------------------------------------------------------------------
PM SOX NO2 CO O3
----------------------------------------------------------------------------------------------------------------
Maricopa Intrastate (Maricopa)............ I III III I I
Pima Intrastate (Pima).................... I III III III I
Northern Arizona Intrastate (Apache, I III III III III
Coconino, Navajo, Yavapai)...............
Mohave-Yuma Intrastate (Mohave, Yuma)..... I III III III III
Central Arizona Intrastate (Gila, Pinal).. I IA III III III
Southeast Arizona Intrastate (Cochise, I IA III III III
Graham, Greenlee, Santa Cruz)............
----------------------------------------------------------------------------------------------------------------
0
4. Section 52.123 is amended by revising paragraphs (l) through (p),
and adding paragraphs (q) and (r) to read as follows:
Sec. 52.123 Approval status.
* * * * *
(l) 1997 8-hour ozone NAAQS: The SIPs submitted on October 14, 2009
and August 24, 2012 are fully or partially disapproved for Clean Air
Act (CAA) elements 110(a)(2)(C), (D)(ii), and (J) for all portions of
the Arizona SIP.
(m) 1997 PM2.5 NAAQS: The SIPs submitted on October 14, 2009 and
August 24, 2012 are fully or partially disapproved for Clean Air Act
(CAA) elements 110(a)(2)(C), (D)(ii), (J) and (K) for all portions of
the Arizona SIP.
(n) 2006 PM2.5 NAAQS: The SIPs submitted on October 14, 2009 and
August 24, 2012 are fully or partially disapproved for Clean Air Act
(CAA) elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for all
portions of the Arizona SIP.
(o) 2008 8-hour ozone NAAQS: The SIPs submitted on October 14,
2011, December 27, 2012, and December 3, 2015 are fully or partially
disapproved for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(i)(II),
D(ii), and (J) for all portions of the Arizona SIP.
(p) 2008 Lead (Pb) NAAQS: The SIPs submitted on October 14, 2011
and December 27, 2012 are fully or partially disapproved for Clean Air
Act (CAA) elements 110(a)(2)(C), (D)(ii), and (J) for all portions of
the Arizona SIP.
(q) 2010 Nitrogen Dioxide NAAQS: The SIPs submitted on January 18,
2013 and December 3, 2015 are fully or partially disapproved for CAA
elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for all portions of
the Arizona SIP.
(r) 2010 Sulfur Dioxide NAAQS: The SIPs submitted on July 23, 2013
and December 3, 2015 are fully or partially disapproved for CAA
elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for all portions of
the Arizona SIP.
[FR Doc. 2018-17931 Filed 8-20-18; 8:45 am]
BILLING CODE 6560-50-P
